2005 Idaho Code - 41-1925 — LIMITATION OF LIABILITY

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 19
                           LIFE INSURANCE POLICIES
                            AND ANNUITY CONTRACTS
    41-1925.  LIMITATION OF LIABILITY. (1) No policy of life insurance shall
be delivered or issued for delivery in this state if it contains any of the
following provisions:
    (a)  A provision for a period shorter than that provided by statute within
which an action at law or in equity may be commenced on such a policy.
    (b)  A provision which excludes or restricts liability for death caused in
a certain specified manner or occurring while the insured has a specified
status, except that a policy may contain provisions excluding or restricting
coverage as specified therein in the event of death under any one or more of
the following circumstances:
    (i)  Death as a result, directly or indirectly, of war, declared or
undeclared, or of action by military forces, or of any act or hazard of such
war or action, or of service in the military, naval, or air forces or in
civilian forces auxiliary thereto, or from any cause while a member of such
military, naval, or air forces of any country at war, declared or undeclared,
or of any country engaged in such military action;
    (ii)  Death as a result of aviation or any air travel or flight;
    (iii)  Death as a result of a specified hazardous occupation or
occupations;
    (iv)  Death while the insured is a resident outside continental United
States and Canada; or
    (v)  Death within two (2) years from the date of issue of the policy as a
result of suicide, while sane or insane.
    (2)  A policy which contains any exclusion or restriction pursuant to
subsection (1) of this section shall also provide that in the event of death
under the circumstances to which any such exclusion or restriction is
applicable, the insurer will pay an amount not less than a reserve determined
according to the commissioners reserve valuation method upon the basis of the
mortality table and interest rate specified in the policy for the calculation
of nonforfeiture benefits (or if the policy provides for no such benefits,
computed according to a mortality table and interest rate determined by the
insurer and specified in the policy) with adjustment for indebtedness or
dividend credit.
    (3)  This section shall not apply to group life insurance, disability
insurance, reinsurance, or annuities, or to any provision in a life insurance
policy or contract supplemental thereto relating to disability benefits or to
additional benefits in the event of death by accident or accidental means.
    (4)  Nothing contained in this section shall prohibit any provision which
in the opinion of the director is more favorable to the policyholder that a
provision permitted by this section.