41-3603 — APPLICATION OF ACT


                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 36
                        INSURANCE GUARANTY ASSOCIATION
    41-3603.  APPLICATION OF ACT. This act shall apply to all kinds of direct
insurance, but shall not be applicable to the following:
    (1)  Life, annuity, health or disability insurance;
    (2)  Residual value, mortgage guaranty, financial guaranty or other forms
of insurance offering protection against investment risks;
    (3)  Fidelity or surety bonds, or any other bonding obligations;
    (4)  Credit insurance, vendors' single interest insurance, or collateral
protection insurance or any similar insurance protecting the interests of a
creditor arising out of a creditor-debtor transaction;
    (5)  Insurance of warranties or service contracts, including insurance
that provides for the repair, replacement or service of goods or property,
indemnification for repair, replacement or service for the operational or
structural failure of the goods or property due to a defect in materials,
workmanship, or normal wear and tear, or provides reimbursement for the
liability incurred by the issuer of agreements or service contracts that
provide such benefits;
    (6)  Title insurance;
    (7)  Ocean marine insurance;
    (8)  Any transaction or combination of transactions between a person
(including affiliates of such person) and an insurer (including affiliates of
such insurer) which involves the transfer of investment or credit risk
unaccompanied by transfer of insurance risk;
    (9)  Any insurance provided by or guaranteed by government including, but
not limited to the state insurance fund, created pursuant to chapter 9, title
72, Idaho Code, and the Idaho petroleum clean water trust fund, created
pursuant to chapter 49, title 41, Idaho Code;
    (10) Any insurance provided by or through any reciprocal insurer which
exclusively insures members who are governmental entities;
    (11) Insurance written on a retroactive basis to cover known losses for
which a claim has already been made and the claim is known to the insurer at
the time the insurance is bound; or
    (12) Domestic reciprocal insurers with fewer than seven (7) subscribers
which insure only worker's compensation risks and which only issue fully
assessable policies.