41-1030 — PRODUCER COMPENSATION
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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.