TITLE 41

INSURANCE

CHAPTER 12

UNAUTHORIZED INSURERS AND SURPLUS LINES

41-1201.  Representing or aiding unauthorized insurer prohibited. (1) No person shall in this state directly or indirectly act as agent for, or otherwise represent or aid on behalf of another, any insurer not then authorized to transact such insurance in this state, in the solicitation, negotiation, procurement or effectuation of insurance or annuity contracts, or renewal thereof, or forwarding of applications for insurance, or in the dissemination of information as to coverage or rates, or inspection of risks, or fixing of rates, or investigation or adjustment of claims or losses, or collection or forwarding of premiums, or in any other manner represent or assist such an insurer in the transaction of insurance with respect to subjects of insurance resident, located or to be performed in this state.

(2)  This section does not apply to:

(a)  Matters authorized to be done by the director under the unauthorized insurers process act, sections 41-1204 through 41-1210[, Idaho Code].

(b)  Surplus line insurance when written pursuant to the surplus line law, sections 41-1211 through 41-1232, [Idaho Code,] and coverages specified in section 41-1212[, Idaho Code,] (exemptions from surplus line law).

(c)  Any transaction with respect to which the insurer is not required to have a certificate of authority pursuant to section 41-306[, Idaho Code,] (exceptions to certificate of authority requirement).

(d)  A licensed adjuster or attorney at law representing such an insurer from time to time in his professional capacity.

History:

[41-1201, added 1961, ch. 330, sec. 245, p. 645.]