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H0112...........................................................by BUSINESS INSURANCE - Adds to existing law to provide for advertisement disclosure if an insurer advertises in a language other than English; and to provide that an insurance policy is not modified when advertisement of the policy is in a language other than English. 02/06 House intro - 1st rdg - to printing 02/07 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 - FAILED - 30-40-0 AYES -- Anderson, Barrett, Bedke, Bilbao, Black, Block, Bolz, Bradford, Chadderdon, Collins, Crane, Eskridge, Hagedorn, Harwood, Henderson, Kren, Lake, Loertscher, Mathews, Moyle, Patrick, Raybould, Ring, Schaefer, Shepherd(2), Shirley, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- Andrus, Bayer, Bell, Bock, Boe, Brackett, Chavez, Chew, Clark, Durst, Edmunson, Hart, Henbest, Jaquet, Killen, King, Labrador, LeFavour, Luker, Marriott, McGeachin, Mortimer, Nielsen, Nonini, Pasley-Stuart, Pence, Ringo, Roberts, Ruchti, Rusche, Sayler, Shepherd(8), Shively, Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander Woude Absent and excused -- None Floor Sponsor - Hagedorn Filed in Office of the Chief Clerk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 112 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO INSURANCE; AMENDING CHAPTER 13, TITLE 41, IDAHO CODE, BY THE ADDI- 3 TION OF A NEW SECTION 41-1303A, IDAHO CODE, TO PROVIDE FOR ADVERTISEMENT 4 DISCLOSURE IF AN INSURER ADVERTISES IN A LANGUAGE OTHER THAN ENGLISH AND 5 TO PROVIDE THAT ADVERTISEMENT IN LANGUAGES OTHER THAN ENGLISH DOES NOT 6 MODIFY THE POLICY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Chapter 13, Title 41, Idaho Code, be, and the same is 9 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 10 ignated as Section 41-1303A, Idaho Code, and to read as follows: 11 41-1303A. NON-ENGLISH ADVERTISEMENTS. (1) An insurer who advertises in a 12 language other than English is not required to provide an insurance policy in 13 any language other than English so long as the advertisement states clearly 14 that the policy that is purchased is available only in English. 15 (2) Advertisement regarding an insurance policy in languages other than 16 English may not be construed to modify the policy in the event of a dispute 17 over the provisions of the policy.
STATEMENT OF PURPOSE RS 16856 This legislation, "Advertisements in languages other than English" (similar to the Oregon Statute) states that an insurance carrier may provide advertising and informational materials in a non- English language, so long as it is made clear that the policy that might be purchased will only be made available in English. No foreign-language advertisement can be construed to modify the provisions of the insurance contract written in English. This protection is desirable for Idaho's citizens and Idaho insurers since a significant number of Idaho residents do not speak English. These are persons who drive cars, rent and own properties, need life or health insurance, etc. When insurers are able to provide information in foreign languages these people are better served, which can be of great benefit to the non-English- speaking insured. If an insurer's obligations are not based upon the legal interpretation of a policy contract written in English, arguments could arise that include extra-contractual circumstances because of nuances found in all foreign languages (and advertising materials if produced in those languages), and coverage disputes then will become fact questions (i.e., jury trial with language experts, etc.) rather than a question of law (a judicial decision). FISCAL NOTE There is no negative fiscal impact to the General Fund. Contact Name: Allyn Dingel Phone: 333-8540 STATEMENT OF PURPOSE/FISCAL NOTE H 112