TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 44

INSURANCE

PART 1.

INSURANCE IN GENERAL

28-44-104.  Creditor’s provision of and charge for insurance — Excess amount of charge. (1) Except as otherwise provided in this chapter and subject to the provision on maximum charges, section 28-42-201, Idaho Code, a creditor may agree to provide insurance, and may contract for and receive a charge for insurance separate from and in addition to other charges. A creditor need not make a separate charge for insurance provided or required by him. This act does not authorize the issuance of any insurance prohibited under any statute, or rule thereunder, governing the business of insurance.

(2)  The excess amount of a charge for insurance provided for in agreements in violation of this chapter is an excess charge for the purposes of the provisions of the chapter on remedies and penalties, chapter 45, title 28, Idaho Code, and of the provisions of the chapter on administration, chapter 46, title 28, Idaho Code, as to civil actions by the administrator, section 28-46-113, Idaho Code.

History:

[28-44-104, added 1983, ch. 119, sec. 3, p. 288.]