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H0091...........................................................by BUSINESS INSURER - DOMESTIC MUTUAL - Amends existing law relating to the Department of Insurance to delete an obsolete reference to the limit of risk for newly formed domestic mutual insurers. 02/01 House intro - 1st rdg - to printing 02/02 Rpt prt - to Bus 02/28 Rpt out - rec d/p - to 2nd rdg 03/01 2nd rdg - to 3rd rdg 03/02 3rd rdg - PASSED - 63-2-5 AYES -- Anderson, Andrus, Barrett, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Henbest, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Moyle, Nielsen, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Mr. Speaker NAYS -- Mortimer, Wood(35) Absent and excused -- Bayer, Edmunson, Harwood, Henderson, Nonini Floor Sponsor - Collins Title apvd - to Senate 03/05 Senate intro - 1st rdg - to Com/HuRes 03/16 Rpt out - rec d/p - to 2nd rdg 03/19 2nd rdg - to 3rd rdg 03/21 3rd rdg - PASSED - 35-0-0 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Stennett, Werk NAYS -- None Absent and excused -- None Floor Sponsor - Cameron Title apvd - to House 03/22 To enrol - Rpt enrol - Sp signed 03/23 Pres signed 03/26 To Governor 03/30 Governor signed Session Law Chapter 280 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 91 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO THE DEPARTMENT OF INSURANCE; AMENDING SECTION 41-509, IDAHO CODE, 3 TO DELETE AN OBSOLETE REFERENCE TO THE LIMIT OF RISK FOR NEWLY FORMED 4 DOMESTIC MUTUAL INSURERS AND TO MAKE TECHNICAL CORRECTIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 41-509, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 41-509. LIMIT OF RISK. (1) No insurer shall retain any risk on any one 9 subject of insurance, whether located or to be performed in this state or 10 elsewhere, in an amount exceeding tenper centpercent (10%) of its surplus to 11policy holderspolicyholders. 12 (2) A "subject of insurance" for the purposes of this section, as to 13 insurance against fire and hazards other than windstorm, earthquake and other 14 catastrophic hazards, includes all properties insured by the same insurer 15 which are customarily considered by underwriters to be subject to loss or dam- 16 age from the same fire or the same occurrence of any other hazard insured 17 against. 18 (3) Reinsurance ceded as authorized by section 41-511,of thisIdaho 19 Ccode shall be deducted in determining risk retained. As to surety risks, 20 deduction shall also be made of the amount assumed by any established incorpo- 21 rated cosurety and the value of any security deposited, pledged, or held sub- 22 ject to the surety's consent and for the surety's protection. 23 (4) As to alien insurers, this section shall relate only to risks and 24 surplus topolicy holderspolicyholders of the insurer's United States branch. 25 (5) "Surplus topolicy holderspolicyholders" for the purposes of this 26 section, in addition to the insurer's capital and surplus, shall be deemed to 27 include any voluntary reserves which are not required pursuant to law, and 28 shall be determined from the last sworn statement of the insurer on file with 29 the director, or by the last report of examination of the insurer, whichever 30 is the more recent at time of assumption of risk. 31 (6) This section shall not apply to life or disability insurance, annu- 32 ities, title insurance, insurance of wet marine and transportation risks, 33workmen'sworker's compensation insurance, employers' liability coverages, nor 34 to any policy or type of coverage as to which the maximum possible loss to the 35 insurer is not readily ascertainable on issuance of the policy. 36(7) Limits of risks as to newly formed domestic mutual insurers shall be37as provided in section 41-2820.
STATEMENT OF PURPOSE RS 16484 Idaho Code Section 41-509 limits the net amount of risk an insurer can retain for property coverage to 10% of surplus to policyholders. Subsection 41-509(7) refers to risk limits provided in §41-2820 for newly formed domestic mutual companies; however, §41-2820 was amended in 1995 and no longer addresses any risk limits for mutual insurers. This proposal deletes the obsolete reference from Section 41-509 and clarifies that a newly formed domestic mutual property insurer is subject to the same limit of risk that all other property insurers are currently subject to. FISCAL NOTE No fiscal impact. CONTACT Name: Georgia Hill Agency: Insurance, Dept. of Phone: 334-4314 STATEMENT OF PURPOSE/FISCAL NOTE H 91