TITLE 41

INSURANCE

CHAPTER 58

PUBLIC ADJUSTER LICENSING ACT

41-5811.  License denial, nonrenewal or revocation. (1) The department may place on probation, suspend, revoke or refuse to issue or renew a public adjuster’s license or may levy a civil penalty in accordance with section 41-1016, Idaho Code, or any combination of actions, for any one (1) or more of the following causes:

(a)  Providing incorrect, misleading, incomplete or materially untrue information in the license application;

(b)  Violating any insurance laws, or violating any rule, regulation, subpoena or order of the department or of another state’s insurance department;

(c)  Obtaining or attempting to obtain a license through misrepresentation or fraud;

(d)  Improperly withholding, misappropriating or converting any moneys or properties received in the course of doing insurance business;

(e)  Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance;

(f)  Having been convicted of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code, or that evidences dishonesty, a lack of integrity and financial responsibility, or an unfitness and inability to provide acceptable service to the consuming public;

(g)  Having admitted to or been found to have committed any insurance unfair trade practice or insurance fraud;

(h)  Using fraudulent, coercive or dishonest practices; or demonstrating incompetence, untrustworthiness or financial irresponsibility in the conduct of business in this state or elsewhere;

(i)  Having an insurance license, or its equivalent, denied, suspended or revoked in any other state, province, district or territory;

(j)  Forging another’s name to an application for insurance or to any document related to an insurance transaction;

(k)  Cheating, including improperly using notes or any other reference material, to complete an examination for an insurance license;

(l)  Knowingly accepting insurance business from an individual who is not licensed but who is required to be licensed by the department;

(m)  Failing to comply with an administrative or court order imposing a child support obligation, provided however, that nothing in this provision shall be deemed to abrogate or modify chapter 14, title 7, Idaho Code; or

(n)  Failing to pay state income tax or comply with any administrative or court order directing payment of state income tax.

(2)  The license of a business entity may be suspended, revoked or refused if the department finds, after hearing, that an individual licensee’s violation was known or should have been known by one (1) or more of the partners, officers or managers acting on behalf of the business entity and the violation was neither reported to the department nor corrective action taken.

(3)  In addition to or in lieu of any applicable denial, suspension or revocation of a license, a person may, after hearing, be subject to a civil fine or administrative penalty according to section 41-1016, Idaho Code.

(4)  The department shall retain the authority to enforce the provisions of and impose any penalty or remedy authorized by this chapter and title 41, Idaho Code, against any person who is under investigation for or charged with a violation of this chapter or title 41, Idaho Code, even if the person’s license or registration has been surrendered or has lapsed by operation of law.

History:

[41-5811, added 2008, ch. 179, sec. 1, p. 536; am. 2020, ch. 175, sec. 10, p. 514.]