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2013 Insurance Legislation Summary

(All legislation takes effect July 1, 2013 unless otherwise noted)

Department of Insurance Legislation:

  • House Bill 046 (Title 39, Chapter 19) – Repeal of antiquated fire protection-related laws.
  • House Bill 197 (Title 41, Chapter 38) – Insurance Holding Company Systems. Provides for more detailed monitoring for system risk issues that might exist in non-insurance affiliates of an insurance company and could ultimately jeopardize the solvency of the insurer. This law will also be required for accreditation of the Idaho Department of Insurance by the NAIC./li>

Other Insurance-Related Legislation:

  • House Bill 011 (Section 41-2507) – Casualty Insurance. Allows automobile insurance companies operating in Idaho to non-renew policies of automobile insurance when an automobile insured under the policy is registered in a state other than Idaho.

  • House Bill 178 (Title 41, Chapter 60) – Extension of sunset clause for another 2 years for Immunization Program – Immunization Board.
  • House Bill 196 (Title 41, Chapters 36 and 43) – Amends existing law to revise provisions relating to the timing of permitted Idaho premium tax offsets by member insurers and to provide for an offset against premium tax liability to the Industrial Administration Fund for an insurer that is exempt from the premium tax.

  • House Bill 199 (Title 41, Chapter 40) – Self-Funded Health Plans, Postsecondary Schools, and Updates. Amends existing law to provide that certain qualified public or private postsecondary educational institutions may, as a plan sponsor, establish a self-funded student health benefit plan and trust for student and dependent beneficiaries; and revises provisions related to the registration of self-funded plans.
  • House Bill 217 (Section 49-1212) – Specifies that if a vehicle loaned for temporary use without charge is operated in a negligent manner, and such operation results in death or damages, the primary liability coverage for such event shall be the insurance coverage of the operator. The owner’s coverage shall be secondary.

  • House Bill 232 (Section 41-1851)– Allows electronic delivery of insurance-related documents to an insured when the insured has affirmatively consented to such delivery.

  • House Bill 248 (Title 41, Chapter 61) (Effective March 28, 2013) – State-based Insurance Exchange. Establishes a state-created, market-driven, health insurance exchange that will facilitate the selection and purchase of individual and small employer health benefit plans and is intended to enhance Idaho residents’ choice regarding options and access to affordable health insurance.

  • Senate Bill 1016 (Section 41-1039) – Producer Licensing. Removes language providing that a bail agent’s license filed with the clerk of the District Court is deemed proof that such bail agent is licensed.

  • Senate Bill 1100 (Section 41-121) – Health Care Sharing Ministries Freedom to Share. Adds to existing law to provide that a health care sharing ministry shall not be considered to be engaging in the business of insurance for the purposes of the State Insurance Code.
  • Senate Bill 1109 (Section 41-1836) – Annuity Contracts. Modifies the statute applicable to a person’s deferred annuity contract exemption from creditors of the cash surrender value.
  • Senate Bill 1165 (Section 41-1839)– Relates to insurers’ liability for attorney fees. Provides first-party insurers up to 60 days to make claim payment decisions on Uninsured Motorist and Underinsured Motorist claims.

Note: These brief summaries are not intended to fully explain, interpret or analyze the referenced legislation. These summaries are intended solely as a reference to legislation changes affecting the business of insurance that may be of interest to the public. Persons with an interest in any of the items noted above should review the complete bill.m>

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