2005 Idaho Code - 41-3419 — FILING AND APPROVAL OF AGREEMENTS AND CONTRACTS

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 34
                      HOSPITAL AND PROFESSIONAL SERVICE
                                 CORPORATIONS
    41-3419.  FILING AND APPROVAL OF AGREEMENTS AND CONTRACTS. (1) No service
corporation shall issue or use any basic form of service agreement or
subscriber's contract, or application, identification, supplement, or
endorsement to be connected with any such agreement or contract, until such
form has been filed with the director and approved by him. This provision
shall not apply to agreements, contracts, applications, identification,
supplements, endorsements or other forms of unique character designed for and
used with relation to a particular set of circumstances.
    (2)  The director shall approve any such form unless disapproved by him on
one or more of the grounds set forth in subsection (3) below. If not so
approved or disapproved by order transmitted to the filing service corporation
within sixty (60) days after the date filed, the form shall be deemed to have
been approved, provided, however, that the director may extend by not more
than an additional sixty (60) days the period within which he may so
affirmatively approve or disapprove any such form, by giving notice to the
service corporation of such extension before expiration of the initial sixty
(60) day period. At the expiration of any such period as so extended, and in
the absence of such prior affirmative approval or disapproval, any such form
shall be deemed approved. The director may at any time, after notice and for
cause shown, withdraw any such approval.
    (3)  The director shall disapprove any proposed form referred to in
subsection (1) above which:
    (a)  Is in any respect not in compliance with or in violation of law; or
    (b)  Contains any inconsistent, ambiguous, or misleading clauses, or
    exceptions and conditions which deceptively affect the services or
    benefits purported to be provided for in the general terms of the
    agreement or contract; or
    (c)  Has any indication of its provisions which is misleading; or
    (d)  Is printed or otherwise reproduced in such manner as to render any
provision of the form substantially illegible.
    (4)  In any order of disapproval the director shall state the particulars
of the grounds for disapproval.