2005 Idaho Code - 41-1030 — PRODUCER COMPENSATION

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 10
                              PRODUCER LICENSING
    41-1030.  PRODUCER COMPENSATION. (1) For purposes of this section:
    (a)  "Consumer" means an insured, a prospective insured or an employer
    group.
    (b)  "Retail producer" means a producer who solicits, negotiates with or
    sells an insurance contract directly to a consumer.
    (c)  "Wholesale producer" means a producer who solicits, negotiates or
    sells an insurance contract directly with a retail producer, but not with
    a consumer.
    (2)  Notwithstanding any other provision of title 41, Idaho Code, and as
provided in this subsection, retail producers and wholesale producers may
charge a fee or be compensated by a combination of fees and commissions.
    (a)  Before charging a fee to a consumer, a retail producer shall provide
    to the consumer a written statement that describes the services the retail
    producer will perform and the fees the retail producer will receive.
    Acceptance by the consumer of a fee arrangement shall be evidenced by the
    consumer signing and dating the fee statement.
    (b)  Before charging a fee to a retail producer, a wholesale producer
    shall provide to the retail producer a written statement that describes
    the services the wholesale producer will perform and the fees the
    wholesale producer will receive. Information regarding the amount of the
    fees charged by the wholesale producer shall be disclosed in writing on
    the face of the policy as a separately itemized charge.