Print Friendly HOUSE BILL NO. 112 – Insurance, non-English ads
HOUSE BILL NO. 112
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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.
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 - 2007
IN 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
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-
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).
There is no negative fiscal impact to the General Fund.
Name: Allyn Dingel
STATEMENT OF PURPOSE/FISCAL NOTE H 112