US Laws, Codes, Statutes & Cases

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 23
                            CREDIT LIFE AND CREDIT
                             DISABILITY INSURANCE
    41-2309.  FILING, APPROVAL AND WITHDRAWAL OF FORMS. (1) All policies,
certificates of insurance, notices of proposed insurance, applications for
insurance, endorsements and riders delivered or issued for delivery in this
state and the schedule of premium rates pertaining thereto shall be filed with
the director.
    (2)  The director shall within thirty (30) days after the filing of any
such policies, certificates of insurance, notices of proposed insurance,
applications for insurance, endorsements and riders, disapprove any such form
if the premium rates charged or to be charged are excessive in relation to
benefits, or if it contains provisions which are unjust, unfair, inequitable,
misleading, deceptive or encourage misrepresentation of the coverage, or are
contrary to any provision of this code or of any rule promulgated thereunder.
In determining whether to disapprove any such forms the director shall give
due consideration to past and prospective loss experience within and outside
this state, to underwriting practice and judgment to the extent appropriate,
and to all other relevant factors within and outside this state.
    (3)  If the director notifies the insurer that the form is disapproved, it
is unlawful thereafter for such insurer to issue or use such form. In such
notice, the director shall specify the reason for his disapproval and state
that a hearing will be granted within twenty (20) days after request in
writing by the insurer. No such policy, certificate of insurance, notice of
proposed insurance, nor any application, endorsement or rider, shall be issued
or used until the expiration of thirty (30) days after it has been so filed,
unless the director shall give his prior written approval thereto.
    (4)  The director may, at any time after a hearing held after notice to
the insurer in accordance with chapter 2, title 41, Idaho Code, withdraw his
approval of any such form on any ground set forth in subsection (2) of this
section. The written notice of such hearing shall state the reason for the
proposed withdrawal.
    (5)  The insurer shall not issue such forms or use them after the
effective date of such withdrawal.
    (6)  If a group policy of credit life insurance or credit disability
insurance: (a) has been delivered in this state before the effective date of
this code, or (b) has been or is delivered in another state before or after
the effective date of this code, the insurer shall be required to file only
the group certificate and notice of proposed insurance as specified in
subsections (2) and (4) of section 41-2308, Idaho Code, and such forms shall
be approved by the director if they conform with the requirements specified in
such subsections and if the schedules of premium rates applicable to the
insurance evidenced by such certificate or notice are not in excess of the
insurer's schedules of premium rates on file with the director; provided,
however, the premium rate in effect on existing group policies may be
continued until the first policy anniversary date following the date this code
becomes effective.
    (7)  Any order or final determination of the director under the provisions
of this section shall be subject to judicial review as provided in chapter 2,
title 41, Idaho Code.