2005 Idaho Code - 41-4930 — EXISTING INSURANCE LAWS TO APPLY TO THE TRUST FUND WITH CERTAIN EXCEPTIONS

                                  TITLE  41
                                  INSURANCE
                                  CHAPTER 49
                     PETROLEUM CLEAN WATER TRUST FUND ACT
    41-4930.  EXISTING INSURANCE LAWS TO APPLY TO THE TRUST FUND WITH CERTAIN
EXCEPTIONS. The trust fund shall comply with all of the applicable provisions
of title 41, Idaho Code, with certain exceptions as follows:
    (1)  The creation of the trust fund by act of the legislature shall not be
deemed to be an ownership, control or operation of an insurer by a
governmental entity, as referred to in section 41-309, Idaho Code, and the
surplus funds of the trust fund shall be considered to be dedicated and held
in reserve for the purpose of providing funds for the payment of claims
arising out of the discharge of petroleum products from tanks covered by a
contract of insurance issued to the tank owner or operator by the trust fund
as provided for in section 41-4906, Idaho Code. The absolute control of the
trust fund shall be vested in the board.
    (2)  The provisions of this chapter shall be construed to be contained in
the document of organization and bylaws of the trust fund for purposes of
sections 41-319, 41-320 and 41-322, Idaho Code, and the director shall issue a
certificate of registration to and in the name of the trust fund upon his
finding that it has met all other appropriate provisions of the Idaho Code,
including sections 41-313, 41-316 and 41-316A, Idaho Code.
    (3)  Section 41-337, Idaho Code, shall not apply to contracts of insurance
issued by the trust fund.
    (4)  Sections 41-1004 and 41-1022, Idaho Code, shall not apply to
employees of the state insurance fund or the trust fund.
    (5)  Section 41-1103, Idaho Code, shall not apply to employees of the
state insurance fund or the trust fund, provided the employees restrict their
claims adjusting and investigation operations only to those contracts issued
by the trust fund.
    (6)  Except as otherwise provided in this chapter, chapter 28, title 41,
Idaho Code, and chapter 14, title 30, Idaho Code, shall not apply to the trust
fund nor shall this trust fund be construed to be a domestic mutual insurer,
nor a reciprocal insurer, nor any other type of insurer currently regulated by
title 41, Idaho Code, and the only organizational requirements of this trust
fund shall be those enumerated in this chapter.