TITLE 41

INSURANCE

CHAPTER 29

RECIPROCAL INSURERS

41-2908.  Organization of reciprocal insurer. (1) Twenty-five (25) or more persons domiciled in this state, or employers in this state having aggregate payrolls of not less than one and one-half million dollars ($1,500,000) and proposing to transact worker’s compensation insurance only, may organize a domestic reciprocal insurer and make application to the director for a certificate of authority to transact insurance. A subscriber that is a corporation, limited liability company or other legal entity recognized by the state of Idaho as a separate entity, shall be considered as one (1) subscriber, regardless of the number of its wholly owned subsidiaries.

(2)  The proposed attorney shall fulfill the requirements of and shall execute and file with the director when applying for a certificate of authority, a declaration setting forth:

(a)  The name of the insurer;

(b)  The location of the insurer’s principal office, which shall be the same as that of the attorney and shall be maintained within this state;

(c)  The kinds of insurance proposed to be transacted;

(d)  The names and addresses of the original subscribers;

(e)  The designation and appointment of the proposed attorney and a copy of the power of attorney;

(f)  The names and addresses of the officers and directors of the attorney, if a corporation, or its members, if a firm;

(g)  The powers of the subscribers’ advisory committee; and the names and terms of office of the members thereof;

(h)  That all moneys paid to the reciprocal shall, after deducting therefrom any sum payable to the attorney, be held in the name of the insurer and for the purposes specified in the subscribers’ agreement;

(i)  A copy of the subscribers’ agreement;

(j)  A statement that each of the original subscribers has in good faith applied for insurance of a kind proposed to be transacted, and that the insurer has received from each such subscriber the full premium or premium deposit required for the policy applied for, for a term of not less than six (6) months at an adequate rate theretofore filed with and approved by the director;

(k)  A statement of the financial condition of the insurer, a schedule of its assets, and a statement that the surplus as required in section 41-313 or 41-313A, Idaho Code, is on hand; and

(l)  A copy of each policy, endorsement and application form it then proposes to issue or use.

Such declaration shall be acknowledged by the attorney in the manner required for the acknowledgment of deeds.

History:

[41-2908, added 1961, ch. 330, sec. 635, p. 645; am. 1995, ch. 96, sec. 6, p. 277; am. 2006, ch. 199, sec. 1, p. 615.]