TITLE 41

INSURANCE

CHAPTER 62

IDAHO MOTOR VEHICLE SERVICE CONTRACT ACT

41-6211.  Enforcement and Penalties. (1) The director may conduct examinations of motor vehicle service contract providers, administrators, insurers or other persons to enforce the provisions of this chapter and to protect motor vehicle service contract holders in this state. Upon request of the director, the provider shall make available to the director all accounts, books and records concerning motor vehicle service contracts sold or issued by the provider that are necessary to enable the director to reasonably determine compliance or noncompliance with this chapter.

(2)  The following provisions of chapter 2, title 41, Idaho Code, generally addressing the director’s inquiry powers, orders and conduct of administrative proceedings apply to persons subject to this chapter:

(a)  Sections 41-210 through 41-215, Idaho Code;

(b)  Sections 41-220 through 41-223, 41-225, and 41-227, Idaho Code; and

(c)  Sections 41-229 through 41-240, and section 41-247, Idaho Code.

(3)  Any company that violates any provisions of this act may, in the director’s discretion, be subject to a civil penalty of one thousand dollars ($1,000) per violation, limited to a total of twenty-five thousand dollars ($25,000) in the aggregate for all like violations.

(4)  This act does not create a separate civil cause of action, but does not preclude a cause of action under the Idaho consumer protection act, chapter 6, title 48, Idaho Code, or any applicable common law or statutory causes of action.

History:

[41-6211, added 2018, ch. 116, sec. 2, p. 246.]