2005 Idaho Code - 41-1812 — FILING, USE AND DISAPPROVAL OF FORMS

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 18
                            THE INSURANCE CONTRACT
    41-1812.  FILING, USE AND DISAPPROVAL OF FORMS. (1) No basic insurance
policy or annuity contract form, or application form where written application
is required and is to be made a part of the policy or contract, or printed
rider or endorsement form or form of renewal certificate, shall be delivered,
or issued for delivery in this state, unless the form has been filed with the
director. This provision shall not apply to surety bonds, or to specially
rated inland marine risks, nor to policies, riders, endorsements, or forms of
unique character designed for and used with relation to insurance upon a
particular subject, or which relate to the manner of distribution of benefits
or to the reservation of rights and benefits under life or disability
insurance policies and are used at the request of the individual policyholder,
contract holder, or certificate holder. As to group insurance policies
effectuated and delivered outside this state but covering persons resident in
this state, the group certificates to be delivered or issued for delivery in
this state shall be filed with the director. As to forms for use in property,
marine (other than wet marine and transportation insurance), casualty and
surety insurance coverages the filing required by this subsection may be made
by rating organizations on behalf of its members and subscribers; but this
provision shall not be deemed to prohibit any such member or subscriber from
filing any such forms on its own behalf.
    (2)  Every such filing shall be submitted with a certification, in such
form as may be determined by the director, by an officer of the insurer that
each policy, form, endorsement, or rider in use complies with Idaho law. The
director shall have the power to examine such filings to determine whether the
policies, forms, endorsements, and riders, as filed, comply with the
certification of the insurer and with Idaho law relating to the content of
such documents. Upon a determination that any document filed in accordance
with this section does not comply with Idaho law, the director shall, in
accordance with the Idaho administrative procedure act, prohibit the use of
such policy, form, endorsement, rider or other document.
    (3)  The director may, by order, exempt from the requirements of this
section for so long as he deems proper any insurance document or form or type
thereof as specified in such order, to which, in his opinion, this section may
not practicably be applied, or the filing and approval of which are, in his
opinion, not desirable or necessary for the protection of the public.