41-2908 — ORGANIZATION OF RECIPROCAL INSURER
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TITLE 41
INSURANCE
CHAPTER 29
RECIPROCAL INSURERS
41-2908. ORGANIZATION OF RECIPROCAL INSURER. (1) Twenty-five (25) or more
persons domiciled in this state, or employers in this state having aggregate
payrolls of not less than one and one-half million dollars ($1,500,000) and
proposing to transact worker's compensation insurance only, may organize a
domestic reciprocal insurer and make application to the director for a
certificate of authority to transact insurance. A subscriber that is a
corporation, limited liability company or other legal entity recognized by the
state of Idaho as a separate entity, shall be considered as one (1)
subscriber, regardless of the number of its wholly owned subsidiaries.
(2) The proposed attorney shall fulfill the requirements of and shall
execute and file with the director when applying for a certificate of
authority, a declaration setting forth:
(a) The name of the insurer;
(b) The location of the insurer's principal office, which shall be the
same as that of the attorney and shall be maintained within this state;
(c) The kinds of insurance proposed to be transacted;
(d) The names and addresses of the original subscribers;
(e) The designation and appointment of the proposed attorney and a copy
of the power of attorney;
(f) The names and addresses of the officers and directors of the
attorney, if a corporation, or its members, if a firm;
(g) The powers of the subscribers' advisory committee; and the names and
terms of office of the members thereof;
(h) That all moneys paid to the reciprocal shall, after deducting
therefrom any sum payable to the attorney, be held in the name of the
insurer and for the purposes specified in the subscribers' agreement;
(i) A copy of the subscribers' agreement;
(j) A statement that each of the original subscribers has in good faith
applied for insurance of a kind proposed to be transacted, and that the
insurer has received from each such subscriber the full premium or premium
deposit required for the policy applied for, for a term of not less than
six (6) months at an adequate rate theretofore filed with and approved by
the director;
(k) A statement of the financial condition of the insurer, a schedule of
its assets, and a statement that the surplus as required in section 41-313
or 41-313A, Idaho Code, is on hand; and
(l) A copy of each policy, endorsement and application form it then
proposes to issue or use.
Such declaration shall be acknowledged by the attorney in the manner
required for the acknowledgment of deeds.