Attachment to ID-FF Certification Form
Revised Instructions for Completing the Property/Casualty Standards Checklist
In an effort to provide better service and faster review of property/casualty policy filings, the Idaho Department of Insurance has prepared the following checklist and filing instructions. Idaho is a “file and use” state. This means that it is the company’s responsibility to review all statutes, rules and bulletins, which may be pertinent to its filings prior to submission of a filing. A company representative must sign the Idaho Submission Documentation Form, which certifies the filing is in compliance with all Idaho laws and administrative rules. Forms that are submitted that do not meet Idaho’s legal requirements will be disapproved and returned to the company, which results in significant delays in the filing process.
To assist companies in determining that a filing meets the requirements of Idaho’s laws and rules, the Department has created a checklist of specific legal requirements applicable to property/casualty products that have been a recurring source of returned filings. Beginning October 1, 2004, the company representative certifying the filing will be expected to complete the checklist below to certify that he or she has reviewed the filing for compliance with the listed requirement. If a listed requirement is not applicable to the filing, the representative should designate by inserting “N/A” instead of an initial. After October 1, 2004, a filing will be considered incomplete without the required checklist.
Filing requirements:
- As of April 9, 2009, there will be a $20.00 fee for each rate or form filed in excess of ten (10) per calendar year.
- Idaho Code Section 41-1812 requires the filing of all policy forms for property/casualty insurance.
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Each filing must include:
- A cover letter describing the filing and explaining the purpose of the filing.
- A detailed forms list, including the name of the form, the form number and the form number of the form the filing replaces, if applicable.
- The ID-FF Certification form, signed by a company representative. Filings will be returned disapproved if the signed certification form is not included in the filing along with the initialed Property/Casualty Checklist.
- Either a duplicate set of the forms or a copy of the cover letter to be returned to the company notifying it of the status of the filing.
Once you have reviewed the appropriate Department checklist, you can download from the Department’s website the required ID-FF Certification form that must be submitted with all filings.
The Property/Casualty Checklist applies to all companies providing property/casualty and inland marine and transportation coverages. It does not apply surety or title insurance. Idaho Code Section 41-504 defines “property insurance” as:
Insurance on real or personal property of every kind and of every interest therein, whether on land, water, or in the air, against loss or damage from any and all hazard or cause, and against loss consequential upon such loss or damage, other than noncontractual legal liability for any such loss or damage. Property insurance does not include title insurance, as defined in section 41-508.
Idaho Code 41-505 defines “marine and transportation “ as
(1) Insurance against any kind of loss or damage to:
(a) Vessels, craft, aircraft, cars, automobiles and vehicles of every kind, as
well as all goods, freights, cargoes, merchandise, effects, disbursements,
profits, moneys, bullion, precious stones, securities, choses in action,
evidences of debt, valuable papers, bottomry and respondentia interests and all
other kinds of property and interests therein, in respect to, appertaining to
or in connection with any and all risks or perils of navigation, transit, or
transportation, including war rrisks, on or under any seas or other waters, on
land or in the air, or while being assembled, packed, crated, baled, compressed
or similarly prepared for shipment or while awaiting the same or during any
delays, storage, transhipment, or reshipment incident thereto, including marine
builder's risks and all personal property floater risks, and
(b) Person or to property in connection with or appertaining to a marine,
inland marine, transit or transportation insurance, including liability for
loss of or damage to either, arising out of or in connection with the
construction, repair, operation, maintenance or use of the subject matter of
such insurance (but not including life insurance or surety bonds nor insurance
against loss by reason of bodily injury to the person arising out of the
ownership, maintenance or use of automobiles), and
(c) Precious stones, jewels, jewelry, gold, silver and other precious metals,
whether used in business or trade or otherwise and whether the same be in
course of transportation or otherwise, and
(d) Bridges, tunnels and other instrumentalities of transportation and
communication (excluding buildings, their furniture and furnishings, fixed
contents and supplies held in storage) unless fire, tornado, sprinkler leakage,
hail, explosion, earthquake, riot and/or civil commotion are the only hazards
to be covered; piers, wharves, docks and slips, excluding the risks of fire,
tornado, sprinkler leakage, hail, explosion, earthquake, riot and/or civil
commotion; other aids to navigation and transportation, including dry docks and
marine railways, against all risks.
(2) "Marine protection and indemnity insurance," meaning insuranceagainst, or
against legal liability of the insured for, loss, damage or expense arising out
of, or incident to, the ownership, operation, chartering, maintenance, use,
repair or construction of any vessel, craft or instrumentality in use in ocean
or inland waterways, including liability of the insured for personal injury,
illness or death or for loss of or damage to the property of another person.
Idaho Code §41-506 defines “casualty insurance” as:
(a) Vehicle insurance. Insurance against loss of or damage to any land vehicle
or aircraft or any draft or riding animal or to property while contained
therein or thereon or being loaded or unloaded therein or therefrom, from any
hazard or cause, and against any loss, liability or expense resulting from or
incidental to ownership, maintenance or use of any such vehicle, aircraft or
animal; and provision of medical, hospital, surgical, property/casualty
benefits to injured persons and funeral and death benefits to dependents,
beneficiaries, or personal representatives of persons killed, irrespective of
legal liability of the insured, when issued as an incidental coverage with or
supplemental to insurance on the vehicle, aircraft or animal.
(b) Automobile guaranty. Insurance of the mechanical condition, or freedom from
defective or worn parts or equipment, of motor vehicles.
(c) Liability insurance. Insurance against legal liability for the death,
injury, or property/casualty of any human being, or for damage to property; and
provision of medical, hospital, surgical, property/casualty benefits to injured
persons and funeral and death benefits to dependents, beneficiaries or personal
representatives of persons killed, irrespective of legal liability of the
insured, when issued as an incidental coverage with or supplemental to
liability insurance.
(d) Workmen's compensation. Insurance of the obligations accepted by, imposed
upon, or assumed by employers under law for death, disablement, or injury of
employees.
(e) Burglary and theft. Insurance against loss or damage by burglary, theft,
larceny, robbery, forgery, fraud, vandalism, malicious mischief, confiscation,
or wrongful conversion, disposal, or concealment, or from any attempt at any of
the foregoing; including supplemental coverage for medical, hospital, surgical,
and funeral expense incurred by the named insured or any other person as a
result of bodily injury during the
commission of a burglary, robbery, or theft by another; also insurance against
loss of or damage to moneys, coins, bullion, securities, notes, drafts,
acceptances, or any other valuable papers and documents, resulting from any
cause.
(f) Personal property floater. Insurance upon personal effects against loss or
damage from any cause, under a personal property floater.
(g) Glass. Insurance against loss or damage to glass, including its lettering,
ornamentation, and fittings.
(h) Boiler and machinery. Insurance against any liability and loss or damage to
property or interest resulting from accidents to or explosions of boilers,
pipes, pressure containers, machinery, or apparatus, and to
make inspection of and issue certificates of inspection upon boilers,
machinery, and apparatus of any kind, whether or not insured.
(i) Leakage and fire extinguishing equipment. Insurance against loss or damage
to any property or interest caused by the breakage or leakage of sprinklers,
hoses, pumps, and other fire extinguishing equipment or
apparatus, water pipes or containers, or by water entering through leaks or
openings in buildings, and insurance against loss or damage to such sprinklers,
hoses, pumps, and other fire extinguishing equipment or apparatus.
(j) Credit. Insurance against loss or damage resulting from failure of debtors
to pay their obligations to the insured.
(k) Malpractice. Insurance against legal liability of the insured, and against
loss, damage, or expense incidental to a claim of such liability, and including
medical, hospital, surgical, and funeral benefits to injured persons,
irrespective of legal liability of the insured, arising out of the death,
injury or disablement of any person, or arising out of damage to the economic
interest of any person, as the result of negligence in rendering expert,
fiduciary, or professional service.
(l) Congenital defects. Insurance against congenital defects in human beings.
(m) Livestock. Insurance against loss or damage to livestock, and services of a
veterinary for such animals.
(n) Elevator. Insurance against loss of or damage to any property of the
insured, resulting from
the ownership, maintenance or use of elevators, except loss or damage by fire,
and to make inspections of and issue certificates of inspection upon,
elevators.
(o) Entertainments. Insurance indemnifying the producer of any motion picture,
television, radio, theatrical, sport, spectacle, entertainment, or similar
production, event, or exhibition against loss from interruption, postponement,
or cancelation thereof due to death, accidental injury, or sickness of
perfomers [performers], participants, directors, or other principals.
(p) Failure to file certain instruments. Insurance against loss resulting from
failure to file or record written instruments affecting the title of or
creating a lien upon personal property.
(q) Miscellaneous. Miscellaneous casualty insurance shall include, but not be
limited to, credit unemployment insurance indemnifying a debtor for installment
or other periodic payments on the indebtedness while a debtor suffers a loss of
income due to involuntary unemployment. Insurance against any other kind of
loss, damage, or liability properly a subject of insurance and not within any
other kind of insurance as defined in this chapter, if such insurance is not
disapproved by the director as being contrary to law or public policy.
(2) Provision of medical, hospital, surgical, and funeral benefits, and of
coverage against accidental death or injury, as incidental to and part of other
insurance as stated under subdivisions (a) (vehicle), (c) (liability),(e)
(burglary), and (k) (malpractice) of subsection (1) shall for all purposes be
deemed to be the same kind of insurance to which it is so incidental, and shall
not be subject to provisions of this code applicable to life or
property/casualty insurances.
Property/Casualty plans are subject to the provisions of Chapter 13, Chapter 14,
Chapter 16, Chapter 18, Chapter 24, and Chapter 25, Title 41 of the Idaho Code.
Certain plans are also subject to Department Rules, IDAPA 18.01.19, IDAPA
18.01.20, and IDAPA 18.01.34. The Idaho Code and the Department’s
Administrative Rules (IDAPA) can be accessed through our website, at
www.doi.idaho.gov under “Laws/Rules/Bulletins.”