View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0136...........................................................by BUSINESS 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 Effective: 07/01/05
]]]] 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 12 follows: 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- 40 ing. 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- 2 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 42 policy, 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 RS 14558 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. FISCAL NOTE There is no cost incurred. Contact: Representative Wendy Jaquet 332-1130 Representative Donna Pence 332-1130 Senator John Goedde 332-1330 Senator Clint Stennett 332-1351 STATEMENT OF PURPOSE/FISCAL NOTE H 136