2005 Idaho Code - 41-340 — RETALIATORY PROVISION

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 3
                          AUTHORIZATION OF INSURERS
                           AND GENERAL REQUIREMENTS
    41-340.  RETALIATORY PROVISION. (1) The purpose of this section is to aid
in the protection of insurers formed under the laws of Idaho and transacting
insurance in other states or countries against discriminatory or onerous
requirements under the laws of such states or countries or the administration
thereof.
    (2)  When by or pursuant to the laws of any other state or foreign country
or province any taxes in the aggregate, are or would be imposed upon Idaho
insurers, or upon the agents or representatives of such insurers, which are in
excess of such taxes in the aggregate, directly imposed upon similar insurers,
or upon the agents or representatives of  such insurers, of such other state
or country under the statutes of this state, so long as such laws of such
other state or country continue in force or are so applied, the same taxes in
the aggregate, shall be imposed by the director upon the insurers, or upon the
agents or representatives of such insurers, of such other state or country
doing business or seeking to do business in Idaho. Any tax imposed by any
city, county, or other political subdivision or agency of such other state or
country on Idaho insurers or their agents or representatives shall be deemed
to be imposed by such state or country within the meaning of this section.
    (3)  When pursuant to the laws of a state, foreign country or province any
obligation is or would be imposed upon Idaho insurers or their agents or
representatives, in excess of obligations imposed upon similar insurers or
their agents or representatives of another state or country, so long as the
laws of the state or country imposing the obligation continue in force or are
applied, the same obligation may be imposed by the director upon insurers or
their agents or representatives of such other states or countries doing
business or seeking to do business in Idaho. Any obligation imposed by any
city, county, or other political subdivision or agency of another state or
country on Idaho insurers or  their agents or representatives shall be deemed
to be imposed by the other state or country within the  meaning of this
section. For purposes of this section, the term "obligation" shall mean any
license, fee, fine, penalty, deposit requirement or other obligation,
prohibition or restriction.
    (4)  This section shall not apply as to personal income taxes, nor as to
ad valorem taxes on real or personal property nor as to special purpose
obligations or assessments imposed by another state in connection with
particular kinds of insurance; except that deductions, from premium taxes or
other taxes otherwise payable, allowed on account of real estate or personal
property taxes paid shall be taken into consideration by the director in
determining the propriety and extent of retaliatory action under this section.
    (5)  For the purposes of this section the domicile of an alien insurer,
other than insurers formed under the laws of Canada,  or a province thereof,
shall be that state designated by the insurer in writing filed with the
director at time of admission to this state or within six (6) months after the
effective date of this code, whichever date is the later, and may be any one
(1) of the following states:
    (a)  That in which the insurer was first authorized to transact insurance;
    (b)  That in which is located the insurer's principal place of business in
    the United States;
    (c)  That in which is held the largest deposit of trusteed assets of the
    insurer for the protection of its policyholders in the United States.
    If the insurer makes no such designation its domicile shall be deemed to
be that state in which is located its principal place of business in the
United States.
    (6)  The domicile of an insurer formed under the laws of Canada or a
province thereof shall be as provided in section 41-108(1), Idaho Code.