Print Friendly HOUSE BILL NO. 136 – Fire insurance, cancelled, notice
HOUSE BILL NO. 136
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FIRE INSURANCE - Amends existing law to provide that proof of mailing of
notice of cancellation of a fire insurance policy, or of the intention not
to renew, or of reasons for cancellation or nonrenewal to the named insured
at his address shall be sufficient proof of notice.
02/08 House intro - 1st rdg - to printing
02/09 Rpt prt - to Bus
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 68-0-2
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sayler, Shepherd(2), Shepherd(8), Shirley, Skippen,
Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills,
Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Sali, Schaefer
Floor Sponsor - Jaquet
Title apvd - to Senate
03/01 Senate intro - 1st rdg - to Com/HuRes
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/11 3rd rdg - PASSED - 32-0-2, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Werk, Williams
NAYS -- None
Absent and excused -- Hill, Sweet, (District 21 seat vacant)
Floor Sponsor - Goedde
Title apvd - to House
03/14 To enrol
03/15 Rpt enrol - Sp signed
03/16 Pres signed
03/17 To Governor
03/21 Governor signed
Session Law Chapter 81
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 136
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO FIRE INSURANCE; AMENDING SECTION 41-2401, IDAHO CODE, TO PROVIDE
3 PROOF OF MAILING OF NOTICE OF CANCELLATION OF A FIRE INSURANCE POLICY, OR
4 OF INTENTION NOT TO RENEW, OR OF REASONS FOR CANCELLATION OR NONRENEWAL TO
5 THE NAMED INSURED AT HIS ADDRESS SHALL BE SUFFICIENT PROOF OF NOTICE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 41-2401, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 41-2401. STANDARD FIRE POLICY. (1) No fire insurer shall issue any fire
10 insurance policy covering on property or interest therein in this state, other
11 than on the form known as the New York standard as revised in 1943, except as
13 (a) An insurer may print on or in its policy its name, location, date of
14 incorporation, plan of operation, whether stock, mutual, reciprocal or
15 organized under special charter provisions, and if mutual or reciprocal
16 whether on cash premium or assessment plan; and if it be a stock company,
17 the amount of its paid up capital stock, the names of its officers and
18 agents, the number and date of the policy, and, if it is issued by an
19 agent, the words, "this policy shall not be valid until countersigned by
20 the duly authorized agent of the company at ...."; and, if a mutual or
21 reciprocal insurer, the policy must state the contingent liability, if
22 any, of its policyholders, members, or subscribers for payment of losses
23 and expenses not provided for by its cash funds.
24 (b) An insurer may print or use in its policies printed forms of descrip-
25 tion and specifications of the property insured.
26 (c) An insurer insuring against damage by lightning may print in the
27 clause enumerating the perils insured against the additional words, "also
28 any damage by lightning whether fire ensues or not," and in the clause
29 providing for an apportionment of loss in case of other insurance the
30 words, "whether by fire, lightning or both."
31 (d) A domestic insurer may print in its policies any provisions which it
32 is authorized or required by the law to insert therein, and any foreign
33 insurer may, with the approval of the director, so print any provision
34 required by its charter or deed of settlement, or by the laws of its own
35 state or country, not contrary to the laws of this state; but the director
36 shall require any provision which, in his opinion modifies the contract of
37 insurance in such a way as to affect the question of loss, to be appended
38 to the policy by an endorsement or rider as hereinafter provided.
39 (e) The blanks in the standard form may be completed in print or in writ-
41 (f) An insurer may print upon policies issued in compliance with the pre-
42 ceding provisions of this section the words, "Idaho standard policy."
43 (g) An insurer may write upon the margin or across the face of the pol-
1 icy, or write or print in type not smaller than nonpareil upon a slip,
2 slips, rider or riders to be attached thereto, provisions adding to or
3 relating to those contained in the standard form; and all such slips,
4 riders, endorsements and provisions must be signed by the officers or
5 agents of the insurer so using them.
6 (h) If the policy be made by a mutual, reciprocal or other insurer having
7 special regulations lawfully applicable to its organization, membership,
8 policies or contracts of insurance such regulations shall apply to and
9 form a part of the policy as the same may be written or printed upon,
10 attached or appended thereto.
11 (i) Every policy shall have legibly inscribed upon its face and filing
12 back suitable words to designate whether the insurer making such insurance
13 be a stock, mutual or reciprocal insurer, provided, that any insurer orga-
14 nized under special charter provisions may so indicate upon its policy and
15 may add a statement of the plan under which it operates in this state.
16 (j) Every fire policy shall contain language that provides for a thirty
17 (30) day written notice to the insured prior to cancellation of the pol-
18 icy. Proof of mailing of notice of cancellation, or of intention not to
19 renew, or of reasons for cancellation or nonrenewal to the named insured
20 at his address shall be sufficient proof of notice.
21 (k) Every fire policy shall provide that it becomes effective at 12:01
22 a.m. of the standard time of the place where the property covered by the
23 insurance is located, on the effective date of the policy.
24 (2) An insurer issuing the standard fire policy is authorized to affix
25 thereto or include therein a written statement that the policy does not cover
26 loss or damage caused by nuclear reaction, nuclear radiation or radioactive
27 contamination, all whether directly or indirectly resulting from an insured
28 peril under the policy; but nothing herein contained shall be construed to
29 prohibit the attachment to any such policy of an endorsement or endorsements
30 specifically assuming coverage for loss or damage caused by nuclear reaction,
31 nuclear radiation or radioactive contamination.
32 (3) The standard fire policy is not mandatory for vehicle insurance, or
33 for marine insurance, or inland marine insurance as the same is defined pursu-
34 ant to section 41-1401(2), Idaho Code, or for insurance on growing crops.
35 (4) Any policy or contract otherwise subject to the provisions of subsec-
36 tion (1) hereof, which includes either on an unspecified basis as to the cov-
37 erage or for a single premium coverage against the peril of fire and substan-
38 tial coverage against other perils need not comply with the provisions of sub-
39 section (1) hereof, provided:
40 (a) Such policy or contract shall afford coverage, with respect to the
41 peril of fire, not less than the coverage afforded by such standard fire
43 (b) The provisions in relation to mortgagee interests and obligations in
44 such standard fire policy shall be incorporated therein without change,
45 (c) Such policy or contract is complete as to all of its terms without
46 reference to the standard form of fire insurance policy or any other pol-
47 icy, and
48 (d) The director is satisfied that such policy or contract complies with
49 the provisions hereof.
STATEMENT OF PURPOSE
This legislation amends Idaho Code to provide proof of
mailing of notice of cancellation of a fire insurance
policy, or of intention not to renew, or of reasons for
cancellation or nonrenewal to the named insured at his
address shall be sufficient proof of notice. This changes
the code to match the existing auto code section.
There is no cost incurred.
Contact: Representative Wendy Jaquet
Representative Donna Pence
Senator John Goedde
Senator Clint Stennett
STATEMENT OF PURPOSE/FISCAL NOTE H 136