2005 Idaho Code - 41-1323 — ILLEGAL DEALING IN PREMIUMS -- EXCESS CHARGES FOR INSURANCE

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 13
                          TRADE PRACTICES AND FRAUDS
    41-1323.  ILLEGAL DEALING IN PREMIUMS -- EXCESS CHARGES FOR INSURANCE. (1)
No person shall wilfully collect any sum as premium or charge for insurance,
which insurance is not then provided or is not in due course to be provided
(subject to acceptance of the risk by the insurer) by an insurance policy
issued by an insurer as authorized by this code.
    (2)  No person shall wilfully collect as premium or charge for insurance
any sum in excess of the premium or charge applicable to such insurance, and
as specified in the policy, in accordance with the applicable classifications
and rates as filed with and approved by the director; or, in cases where
classifications, premiums, or rates are not required by this code to be so
filed and approved, such premiums and charges shall not be in excess of those
specified in the policy and as fixed by the insurer. This provision shall not
be deemed to prohibit the charging and collection, by surplus line brokers
licensed under chapter 12 of this code, of the amount of applicable state and
federal taxes in addition to the premium required by the insurer. Nor shall it
be deemed to prohibit the charging and collection, by a life insurer, of
amounts actually to be expended for medical examination of an applicant for
life insurance or for reinstatement of a life insurance policy.
    (3)  Each violation of this section shall be punishable under section
41-117 (general penalty).