2005 Idaho Code - 41-291 — DEFINITIONS

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 2
                         THE DEPARTMENT OF INSURANCE
    41-291.  DEFINITIONS. As used in sections 41-290 through and including
41-298, Idaho Code:
    (1)  Sections 41-290 through 41-298, Idaho Code, shall be known as the
"Idaho Arson and Fraud Reporting-Immunity Act."
    (2)  "Authorized agencies" shall mean:
    (a)  Any law enforcement agency of this state;
    (b)  Any prosecuting attorney who may be responsible for prosecution in
    the jurisdiction where the fire or fraud occurred;
    (c)  The attorney responsible for the prosecution in the jurisdiction
    where the fire or fraud occurred as designated by the attorney general;
    (d)  The department of insurance, which includes the state fire marshal.
    (3)  Solely for the purpose of section 41-292(1), Idaho Code, "authorized
agencies" shall also include:
    (a)  The United States attorney's office when authorized or charged with
    investigation or prosecution of the fire or fraud in question;
    (b)  The federal bureau of investigation or any other federal agency,
    charged with investigation or prosecution of the fire or fraud in
    question.
    (4)  "Relevant" means information having any tendency to make the
existence of any fact that is of consequence to the investigation or
determination of the issue more probable or less probable than it would be
without the evidence.
    (5)  Material will be "deemed important," if within the sole discretion of
the "authorized agency," such material is requested by the "authorized
agency."
    (6)  "Action," as used in this chapter, shall include nonaction or the
failure to take action.
    (7)  "Immunity" means that no civil action may arise against any person
for furnishing information pursuant to section 41-248, 41-258, 41-290, 41-292,
41-296 or 41-297, Idaho Code, where actual malice on the part of the insurance
company, department of insurance, state fire marshal, authorized agency, their
employees or agents, is not present.
    (8)  "Financial loss" includes, but is not limited to, loss of earnings,
out-of-pocket and other expenses, repair and replacement costs and claims
payments.
    (9)  "Person" means a natural person, company, corporation, unincorporated
association, partnership, professional corporation and any other legal entity.
    (10) "Practitioner" means a licensee of this state authorized to practice
medicine and surgery, psychology, chiropractic, law or any other  licensee of
the state whose services are compensated, directly or indirectly, by insurance
proceeds, or a licensee similarly licensed in other states and nations or the
practitioner of any nonmedical treatment rendered in accordance with a
recognized religious method of healing.
    (11) "Statement" includes, but is not limited to, any notice statement,
any statement submitted on applications for insurance, proof of claim, proof
of loss, bill of lading, receipt for payment, invoice, account, estimate of
property damages, bills for services, diagnosis, prescription, hospital or
doctor records, X-rays, test results or other evidence of loss, injury or
expense, whether oral, written or computer generated.
    (12) "Insurer" shall mean any insurance company contemplated by title 41,
Idaho Code, any business operating as a self-insured for any purpose, the
state insurance fund, and any self-insured as contemplated by title 72, Idaho
Code.