41-114B — LEGAL SERVICE EXPENSE PLANS
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TITLE 41
INSURANCE
CHAPTER 1
SCOPE OF INSURANCE CODE
-- GENERAL PROVISIONS
41-114B. LEGAL SERVICE EXPENSE PLANS. (1) The term "legal service expense
plan," as used in this section, means a contract or agreement for a stated
consideration between a plan administrator and a member or group of members,
whereby the member pays the administrator, in advance or by installments, for
the receipt of professional legal services, advice or representation. Such
services in Idaho shall be provided by attorneys at law licensed in Idaho. The
attorneys shall be prepaid under a contract or agreement with the
administrator to provide specified legal services for the express benefit of
the plan member and shall agree to render services to the member when
required.
(2) The marketing, sale, contracting, issuance of a contract, plan
administration and delivery of services under a legal service expense plan are
exempt from all other provisions of title 41, Idaho Code. In addition, such
plans shall not be characterized as "insurance" when marketed in Idaho.
(3) Legal service expense plans, but not law firm retainer agreements,
shall be subject to the provisions of the Idaho consumer protection act,
chapter 6, title 48, Idaho Code, and attorneys providing service shall be
subject to the provisions relating to the regulation of the practice of law
under title 3, Idaho Code.