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H06442026 Regular Session

Amends, repeals, and adds to existing law to establish the Idaho Travel Insurance Act.

INSURANCE -- Amends, repeals, and adds to existing law to establish the Idaho Travel Insurance Act.

IntroducedIn CommitteeFloor VoteEnacted

Via committee: Business

▶ Show statement of purpose

The purpose of this legislation is to establish a comprehensive regulatory framework for the sale and marketing of travel insurance in Idaho by adding Chapter 45, Title 41 of the Idaho code and amending Chapter 10, Title 41 of the Idaho code. Specifically, the legislation establishes uniform definitions of key terms and standards and allows travel protection products to continue to be offered in a manner that provides a seamless consumer experience and cost-saving efficiencies. It also clarifies permissible and prohibited sales practices and the applicability of Idaho’s unfair trade practices laws and requires important consumer disclosures. The legislation further provides that travel insurance may be sold via individual, group or blanket policies and codifies current practice with respect to premium taxes. Finally, it clarifies that travel insurance is generally classified and filed as an inland marine line of insurance. This legislation will ensure clarity and consistency is provided in the way travel insurance products are regulated.

▶ Show fiscal note

The proposed changes will have no negative fiscal impact to the state General Fund or local units of government as it generally codifies existing practices and does not require the appropriation of any additional funds.

▶ Show full bill text

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 644 BY BUSINESS COMMITTEE AN ACT1 RELATING TO THE IDAHO TRAVEL INSURANCE ACT; AMENDING TITLE 41, IDAHO CODE,2 BY THE ADDITION OF A NEW CHAPTER 45, TITLE 41, IDAHO CODE, TO PROVIDE3 FOR A SHORT TITLE, TO PROVIDE FOR THE PURPOSE OF THE CHAPTER, TO DEFINE4 TERMS, TO ESTABLISH PROVISIONS REGARDING A PREMIUM TAX, TO ESTABLISH5 PROVISIONS REGARDING TRAVEL PROTECTION PLANS, TO ESTABLISH PROVISIONS6 REGARDING SALES PRACTICES, TO ESTABLISH PROVISIONS REGARDING TRAVEL7 ADMINISTRATORS, TO ESTABLISH PROVISIONS REGARDING TRAVEL INSURANCE8 POLICY CLASSIFICATION AND STANDARDS, AND TO ESTABLISH RULEMAKING PRO-9 VISIONS; AMENDING SECTION 41-1090, IDAHO CODE, TO REVISE A PROVISION10 REGARDING THE SHORT TITLE; AMENDING SECTION 41-1091, IDAHO CODE, TO11 REVISE DEFINITIONS AND TO DEFINE TERMS; AMENDING SECTION 41-1092, IDAHO12 CODE, TO REVISE PROVISIONS REGARDING REQUIREMENTS FOR LIMITED LINES13 TRAVEL INSURANCE PRODUCERS; REPEALING SECTION 41-1093, IDAHO CODE,14 RELATING TO REGISTRATION; REPEALING SECTION 41-1094, IDAHO CODE, RE-15 LATING TO POLICY TYPES; REPEALING SECTION 41-1095, IDAHO CODE, RELATING16 TO THE RESPONSIBILITY OF LIMITED LINES TRAVEL INSURANCE PRODUCERS; RE-17 PEALING SECTION 41-1096, IDAHO CODE, RELATING TO NEGATIVE OPTIONS AND18 OPT OUTS; REPEALING SECTION 41-1097, IDAHO CODE, RELATING TO ENFORCE-19 MENT; AMENDING SECTION 41-1003, IDAHO CODE, TO REVISE A DEFINITION; AND20 DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.21

Be It Enacted by the Legislature of the State of Idaho:22

SECTION 1. That Title 41, Idaho Code, be, and the same is hereby amended23 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-24 ter 45, Title 41, Idaho Code, and to read as follows:25 CHAPTER 4526 IDAHO TRAVEL INSURANCE ACT27 41-4501. SHORT TITLE. This chapter shall be known and may be cited as28 the "Idaho Travel Insurance Act."29 41-4502. PURPOSE. (1) The purpose of this chapter is to promote the30 public welfare by creating a comprehensive legal framework within which31 travel insurance may be sold in this state.32 (2) The requirements of this chapter apply to travel insurance that33 covers any resident of this state and that is sold, solicited, negotiated,34 or offered in this state and to certificates that are delivered or issued35 for delivery in this state. The provisions of this chapter do not apply to36 cancellation fee waivers or travel assistance services, except as expressly37 provided in this chapter.38 (3) All other applicable provisions of the insurance laws in this state39 shall continue to apply to travel insurance, except that the specific pro-40

2 visions of this chapter shall supersede any general provisions of law that1 would otherwise be applicable to travel insurance.2 41-4503. DEFINITIONS. As used in this chapter:3 (1) "Aggregator site" means a website that provides access to informa-4 tion regarding insurance products from more than one (1) insurer, including5 product and insurer information, for use in comparison shopping.6 (2) "Blanket travel insurance" means a policy of travel insurance is-7 sued to any eligible group providing coverage for specific classes of per-8 sons defined in the policy with coverage provided to all members of the eli-9 gible group without a separate charge to individual members of the eligible10 group.11 (3) "Cancellation fee waiver" means a contractual agreement between a12 supplier of travel services and its customer to waive some or all of the non-13 refundable cancellation fee provisions of the supplier's underlying travel14 contract with or without regard to the reason for the cancellation or form of15 reimbursement. A cancellation fee waiver is not insurance.16 (4) "Director" means the director of the department of insurance.17 (5) "Eligible group" means, solely for the purposes of travel insur-18 ance, two (2) or more persons who are engaged in a common enterprise or have19 an economic, educational, or social affinity or relationship, including but20 not limited to:21 (a) Any entity engaged in the business of providing travel or travel22 services, wherein with regard to any particular travel or type of travel23 or travelers, all members or customers of the group have a common expo-24 sure to risk attendant to such travel. Such entities include but are not25 limited to tour operators, lodging providers, vacation property own-26 ers, hotels and resorts, travel clubs, travel agencies, property man-27 agers, cultural exchange programs, and common carriers or the opera-28 tor, owner, or lessor of a means of transportation of passengers, such29 as airlines, cruise lines, railroads, steamship companies, and public30 bus carriers;31 (b) Any college, school, or other institution of learning covering any32 group of students, teachers, employees, or volunteers;33 (c) Any employer covering any group of employees, volunteers, contrac-34 tors, board of directors, dependents, or guests;35 (d) Any sports team, camp, or sponsor thereof, covering any group of36 participants, members, campers, employees, officials, supervisors, or37 volunteers;38 (e) Any religious, charitable, recreational, educational, or civic or-39 ganization, or branch thereof, covering any group of members, partici-40 pants, or volunteers;41 (f) Any financial institution or financial institution vendor, or any42 parent holding company, trustee, or agent or designee of one (1) or more43 financial institutions or financial institution vendors, including44 account holders, credit card holders, debtors, guarantors, or pur-45 chasers;46 (g) Any incorporated or unincorporated association, including labor47 unions, having a common interest, constitution, and bylaws, and orga-48 nized and maintained in good faith for purposes other than obtaining49

3 insurance for members or participants of such association covering its1 members;2 (h) Any trust or the trustees of a fund established, created, or main-3 tained for the benefit of and covering a group of members, employees, or4 customers, subject to the director's permitting the use of a trust and5 the state's premium tax provisions set forth in section 41-4504, Idaho6 Code, of one (1) or more associations meeting the requirements of para-7 graph (g) of this subsection;8 (i) Any entertainment production company covering any group of partic-9 ipants, volunteers, audience members, contestants, or workers;10 (j) Any volunteer fire department, or volunteer ambulance, rescue, po-11 lice, court, first aid, civil defense, or other such volunteer group;12 (k) Any preschool, daycare institution for children or adults, or se-13 nior citizen club;14 (l) Any automobile or truck rental or leasing company covering a group15 of individuals who may become renters, lessees, or passengers defined16 by their travel status on the rented or leased vehicles. The common car-17 rier, the operator, owner, or lessor of a means of transportation, or18 the automobile or truck rental or leasing company, is the policyholder19 under a policy to which this section applies; or20 (m) Any other group where the director has determined that the members21 are engaged in a common enterprise, or have an economic, educational, or22 social affinity or relationship, and that issuance of the policy would23 not be contrary to the public interest.24 (6) "Fulfillment materials" means documentation sent to the purchaser25 of a travel protection plan confirming the purchase and providing the travel26 protection plan's coverage and assistance details.27 (7) "Group travel insurance" means travel insurance issued to any eli-28 gible group.29 (8) "Limited lines travel insurance producer" has the meaning provided30 in section 41-1091, Idaho Code.31 (9) "Primary certificate holder" means an individual who elects and32 purchases travel insurance under a group policy.33 (10) "Primary policyholder" means an individual who elects and pur-34 chases individual travel insurance.35 (11) "Travel administrator" means a person who directly or indirectly36 underwrites, collects charges, collateral, or premiums from, or adjusts or37 settles claims on residents of this state, in connection with travel insur-38 ance, except that a person shall not be considered a travel administrator if39 that person's actions that would otherwise cause the person to be considered40 a travel administrator are limited to:41 (a) A person working for a travel administrator to the extent that the42 person's activities are subject to the supervision and control of the43 travel administrator;44 (b) An insurance producer selling insurance or engaged in administra-45 tive and claims-related activities within the scope of the producer's46 license;47 (c) A travel retailer offering and disseminating travel insurance and48 registered under the license of a limited lines travel insurance pro-49 ducer in accordance with this chapter;50

4 (d) An individual adjusting or settling claims in the normal course of1 that individual's practice or employment as an attorney at law and who2 does not collect charges or premiums in connection with insurance cov-3 erage; or4 (e) A business entity that is affiliated with a licensed insurer while5 acting as a travel administrator for the direct and assumed insurance6 business of an affiliated insurer.7 (12) "Travel assistance services" means non-insurance services for8 which the consumer is not indemnified based on a fortuitous event and where9 providing the service does not result in transfer or shifting of risk that10 would constitute the business of insurance. Travel assistance services in-11 clude but are not limited to security advisories, destination information,12 vaccination and immunization information services, travel reservation ser-13 vices, entertainment, activity and event planning, translation assistance,14 emergency messaging, international legal and medical referrals, medical15 case monitoring, coordination of transportation arrangements, emergency16 cash transfer assistance, medical prescription replacement assistance,17 passport and travel document replacement assistance, lost luggage as-18 sistance, concierge services, and any other service that is furnished in19 connection with planned travel. Travel assistance services are not insur-20 ance and not related to insurance.21 (13) "Travel insurance" has the meaning provided in section 41-1091,22 Idaho Code.23 (14) "Travel protection plans" means plans that provide one (1) or more24 of the following: travel insurance, travel assistance services, and cancel-25 lation fee waivers.26 (15) "Travel retailer" has the meaning provided in section 41-1091,27 Idaho Code.28 41-4504. PREMIUM TAX. (1) A travel insurer shall pay a premium tax, as29 provided in section 41-402, Idaho Code, on travel insurance premiums paid30 by:31 (a) An individual primary policyholder who is a resident of this state;32 (b) A primary certificate holder who is a resident of this state and who33 elects coverage under a group travel insurance policy; or34 (c) A blanket travel insurance policyholder that is a resident of this35 state or that has its principal place of business in this state or whose36 affiliate or subsidiary has its principal place of business in this37 state, which policyholder has purchased blanket travel insurance in38 this state for eligible blanket group members.39 (2) A travel insurer shall:40 (a) Document the state of residence or principal place of business of41 the policyholder or certificate holder, as required in subsection (1)42 of this section; and43 (b) Report as premiums only the amount allocable to travel insurance44 and not any amounts received for travel assistance services or cancel-45 lation fee waivers.46

5 41-4505. TRAVEL PROTECTION PLANS. Travel protection plans may be of-1 fered for one (1) price for the combined features that the travel protection2 plan offers in this state if:3 (1) The travel protection plan clearly discloses to the consumer, at4 or prior to the time of purchase, that it includes travel insurance, travel5 assistance services, and cancellation fee waivers, as applicable, and pro-6 vides information and an opportunity, at or prior to the time of purchase,7 for the consumer to obtain additional information regarding the features and8 pricing of each; and9 (2) The fulfillment materials:10 (a) Describe and delineate the travel insurance, travel assistance11 services, and cancellation fee waivers in the travel protection plan;12 and13 (b) Include the travel insurance disclosures and the contact informa-14 tion for persons providing travel assistance services and cancellation15 fee waivers, as applicable.16 41-4506. SALES PRACTICES. (1) All persons offering travel insurance17 to residents of this state are subject to the provisions of chapter 13, title18 41, Idaho Code, except as otherwise provided in this chapter. In the event of19 a conflict between the provisions of this chapter and other provisions of ti-20 tle 41, Idaho Code, regarding the sale and marketing of travel insurance and21 travel protection plans, the provisions of this chapter shall control.22 (2) Offering or selling a travel insurance policy that could never re-23 sult in payment of any claims for any insured under the policy is consid-24 ered illusory travel insurance and constitutes an unfair or deceptive act25 or practice prohibited pursuant to the provisions of chapter 13, title 41,26 Idaho Code.27 (3) With regard to marketing practices:28 (a) All documents provided to consumers prior to the purchase of travel29 insurance, including but not limited to sales materials, advertising30 materials, and marketing materials, shall be consistent with the travel31 insurance policy itself, including but not limited to forms, endorse-32 ments, policies, rate filings, and certificates of insurance.33 (b) For travel insurance policies or certificates that contain preex-34 isting condition exclusions, information and an opportunity to learn35 more about the preexisting condition exclusions shall be provided any36 time prior to the time of purchase and in the coverage's fulfillment ma-37 terials.38 (c) The fulfillment materials and the information described in sec-39 tion 41-1092(2)(a), Idaho Code, shall be provided to a policyholder40 or certificate holder as soon as practicable following the purchase41 of a travel protection plan. Unless the insured has either started a42 covered trip or filed a claim under the travel insurance coverage, a43 policyholder or certificate holder may cancel a policy or certificate44 for a full refund of the travel protection plan price from the date of45 purchase of a travel protection plan until at least:46 (i) Fifteen (15) days following the date the fulfillment mate-47 rials are sent by postal mail to the policyholder or certificate48 holder; or49

6 (ii) Ten (10) days following the date the fulfillment materials1 are sent by electronic means or personally handed to the policy2 holder or certificate holder.3 (d) The company shall disclose in the policy documentation and fulfill-4 ment materials whether the travel insurance is primary or secondary to5 other applicable coverage.6 (e) Where travel insurance is marketed directly to a consumer through7 an insurer's website or by others through an aggregator site, it shall8 not be an unfair or deceptive act or practice or other violation of law9 for the website to provide an accurate summary or short description of10 coverage, as long as the consumer has access to the full provisions of11 the policy through electronic means.12 (4) No person offering, soliciting, or negotiating travel insurance or13 travel protection plans on an individual or group basis may do so by using14 negative option or opt out, which would require a consumer to take an affir-15 mative action to deselect coverage, such as unchecking a box on an electronic16 form, at the time the consumer purchases a trip.17 (5) It shall be an unfair or deceptive act or practice to market blanket18 travel insurance coverage as free.19 (6) Where a consumer's destination jurisdiction requires insurance20 coverage, it shall not be an unfair or deceptive act or practice to require21 that the consumer choose between the following options as a condition of22 purchasing a trip or travel package:23 (a) Purchasing the coverage required by the destination jurisdiction24 through the travel retailer or limited lines travel insurance producer25 supplying the trip or travel package; or26 (b) Agreeing to obtain and provide proof of coverage that meets the des-27 tination jurisdiction's requirements prior to departure.28 41-4507. TRAVEL ADMINISTRATORS. (1) Notwithstanding any other provi-29 sions of this title, no person shall act or represent itself as a travel ad-30 ministrator for travel insurance in this state unless that person:31 (a) Is a licensed property and casualty insurance producer in this32 state for activities permitted under that producer license; or33 (b) Holds a valid managing general agent license in this state.34 (2) A travel administrator and its employees are exempt from the li-35 censing requirement set forth in section 41-1103, Idaho Code, for travel in-36 surance it administers.37 (3) An insurer is responsible for the acts of a travel administrator ad-38 ministering travel insurance underwritten by the insurer and is responsible39 for ensuring that the travel administrator maintains all books and records40 relevant to the insurer, which shall be made available by the travel adminis-41 trator to the director upon request.42 41-4508. POLICY. (1) Notwithstanding any other provision of this ti-43 tle, and except as provided in subsection (2) of this section, travel insur-44 ance shall be classified and filed for purposes of rates and forms under an45 inland marine line of insurance.46 (2) Travel insurance may be filed under either an accident and health47 line of insurance or an inland marine line of insurance if it provides cov-48

7 erage for sickness, accident, disability, or death occurring during travel,1 whether exclusively or in conjunction with related coverages of emergency2 evacuation or repatriation of remains.3 (3) Travel insurance may be in the form of an individual, group, or4 blanket policy.5 (4) Eligibility and underwriting standards for travel insurance may be6 developed and provided based on travel protection plans designed for indi-7 vidual or identified marketing or distribution channels, if those standards8 also meet the state's underwriting standards for inland marine lines of in-9 surance.10 41-4509. RULES. In accordance with this chapter and section 41-211,11 Idaho Code, the director may promulgate rules, subject to legislative ap-12 proval, as are necessary or proper to carry out the provisions of this chap-13 ter.14

SECTION 2. That Section 41-1090, Idaho Code, be, and the same is hereby15 amended to read as follows:16 41-1090. SHORT TITLE. Sections 41-1090 through 41-1096 41-1092, Idaho17 Code, shall be known and may be cited as the "Limited Lines Travel Insurance18 Act."19

SECTION 3. That Section 41-1091, Idaho Code, be, and the same is hereby20 amended to read as follows:21 41-1091. DEFINITIONS. As used in this chapter:22 (1) "Designated responsible producer" means the individual licensed23 producer responsible for ensuring compliance by the limited lines travel in-24 surance producer with travel insurance laws and rules of the state, as set25 forth in section 41-1092(2)(c), Idaho Code.26 (2) "Limited lines travel insurance producer" means a person who is a27 limited lines producer as defined in section 41-1003, Idaho Code.:28 (a) Licensed managing general agent; or29 (b) Licensed insurance producer, including a limited lines producer as30 defined in section 41-1003, Idaho Code.31 (3) "Offer and disseminate" means providing general information, in-32 cluding a description of the coverage and price, as well as processing the33 application, collecting premiums, and performing other activities permit-34 ted by the state.35 (4)(a) "Travel insurance" means insurance coverage for personal risks36 incident to planned travel including, but not limited to:37 (a) (i) Interruption or cancellation of a trip or event;38 (b) (ii) Loss of baggage or personal effects;39 (c) (iii) Damages to accommodations or rental vehicles; and40 (d) (iv) Sickness, accident, disability or death occurring during41 travel.;42 (v) Emergency evacuation;43 (vi) Repatriation of remains; or44

8 (vii) Any other contractual obligations to indemnify or pay a1 specified amount to the traveler upon determinable contingencies2 related to travel as approved by the director.3 (b) "Travel insurance" does not include major medical plans that pro-4 vide comprehensive medical protection for travelers with trips lasting5 six (6) months or longer, including those working overseas as an expa-6 triate or military personnel being deployed, or any other product that7 requires a specific insurance producer license.8 (5) "Travel retailer" means a business entity that makes, arranges or9 offers travel services and may offer and disseminate travel insurance as a10 service to its customers on behalf of and under the direction of a limited11 lines travel insurance producer.12

SECTION 4. That Section 41-1092, Idaho Code, be, and the same is hereby13 amended to read as follows:14 41-1092. REQUIREMENTS FOR LIMITED LINES TRAVEL INSURANCE PRODUC-15 ERS. Notwithstanding any other provision of law:16 (1) The director may issue to an individual or business entity that has17 filed with the director an application, in a form and manner prescribed by18 the director, a limited lines travel insurance producer license that autho-19 rizes the limited lines travel insurance producer to sell, solicit or nego-20 tiate travel insurance on behalf of a licensed insurer. No person may act as21 a limited lines travel insurance producer or travel retailer unless properly22 licensed or registered, respectively.23 (2) A travel retailer may offer and disseminate travel insurance under24 a limited lines travel insurance producer's business entity license only if25 the following conditions are met:26 (a) The limited lines travel insurance producer or travel retailer pro-27 vides to policyholders purchasers of travel insurance:28 (i) A description of the material terms or the actual material29 terms of the insurance coverage;30 (ii) A description of the process for filing a claim;31 (iii) A description of the review or cancellation process for the32 travel insurance policy, including any forfeiture fees; and33 (iv) The identity and contact information of the insurer and lim-34 ited lines travel insurance producer.35 (b) At the time of licensure, the limited lines travel insurance pro-36 ducer shall establish and maintain a register on a form prescribed by37 the director of each travel retailer that offers travel insurance on38 the limited lines travel insurance producer's behalf. The register39 shall be maintained and updated annually, at a minimum, by the limited40 lines travel insurance producer and shall include the name, address,41 and contact information of the travel retailer and an officer or person42 who directs or controls the travel retailer's operations, as well as the43 travel retailer's federal tax identification number. The limited lines44 travel insurance producer shall submit such register from the previous45 year to the department on March 1 of each year upon request. The limited46 lines travel insurance producer shall also certify that the registered47 travel retailer complies with 18 U.S.C. 1033. The limited lines travel48 insurance producer shall report its Idaho annual written premium to the49

9 director on an annual basis. The grounds for suspension and revocation1 and the penalties applicable to insurance producers set forth in sec-2 tions 41-1016 and 41-1026, Idaho Code, shall apply to the limited lines3 travel insurance producers and travel retailers.4 (c) The limited lines travel insurance producer has designated one (1)5 of its employees, who is a licensed individual producer, as a designated6 responsible producer who shall be responsible for the limited lines7 travel insurance producer's compliance with the travel insurance laws,8 rules and regulations of the state.9 (d) The designated responsible producer, president, secretary, trea-10 surer and any other officer or person who directs or controls the lim-11 ited lines travel insurance producer's insurance operations shall com-12 ply with the fingerprinting requirements applicable to insurance pro-13 ducers in the resident state of the limited lines travel insurance pro-14 ducer.15 (e) The limited lines travel insurance producer has paid all applicable16 insurance producer licensing fees as set forth in applicable state law.17 (f) The limited lines travel insurance producer requires each employee18 and authorized representative of the travel retailer whose duties in-19 clude offering and disseminating travel insurance to receive a program20 of instruction or training that shall be subject to review by the direc-21 tor. The training material shall, at a minimum, contain instructions22 on the types of insurance offered, ethical sales practices and required23 disclosures to prospective customers.24 (3) Any travel retailer offering or disseminating travel insurance25 shall make available to prospective purchasers brochures or other written26 materials that have been approved by the travel insurer. Such materials27 shall include information that, at a minimum:28 (a) Provides the identity and contact information of the insurer and29 the limited lines travel insurance producer;30 (b) Explains that the purchase of travel insurance is not required in31 order to purchase any other product or service from the travel retailer;32 and33 (c) Explains that an unlicensed travel retailer is permitted to provide34 general information about the insurance offered by the travel retailer,35 including a description of the coverage and price, but is not qualified36 or authorized to answer technical questions about the terms and condi-37 tions of the insurance offered by the travel retailer or to evaluate the38 adequacy of the customer's existing insurance coverage.39 (4) A travel retailer's employees or authorized representatives who40 are not licensed as insurance producers may not:41 (a) Evaluate or interpret the technical terms, benefits and conditions42 of the offered travel insurance coverage;43 (b) Evaluate or provide advice concerning a prospective purchaser's44 existing insurance coverage; or45 (c) Hold himself or itself out as a licensed insurer, licensed producer46 or insurance expert.47 (5) A travel retailer and its employees and authorized representatives48 whose insurance-related activities are limited to offering and disseminat-49 ing travel insurance on behalf of and under the direction of a limited lines50

10 travel insurance producer meeting the conditions set forth in chapter 45,1 title 41, Idaho Code, is authorized to perform such activities and to receive2 related compensation upon registration by the limited lines travel insur-3 ance producer in accordance with the provisions of subsection (2)(b) of this4 section.5 (6) As the insurer's designee, the limited lines travel insurance pro-6 ducer is responsible for the acts of the travel retailer and shall use rea-7 sonable means to ensure compliance with this chapter by the travel retailer.8 (7) Any person licensed in a major line of authority as an insurance9 producer is authorized to sell, solicit, and negotiate travel insurance. A10 property and casualty insurance producer is not required to become appointed11 by an insurer in order to sell, solicit, or negotiate travel insurance.12

SECTION 5. That Section 41-1093, Idaho Code, be, and the same is hereby13 repealed.14

SECTION 6. That Section 41-1094, Idaho Code, be, and the same is hereby15 repealed.16

SECTION 7. That Section 41-1095, Idaho Code, be, and the same is hereby17 repealed.18

SECTION 8. That Section 41-1096, Idaho Code, be, and the same is hereby19 repealed.20

SECTION 9. That Section 41-1097, Idaho Code, be, and the same is hereby21 repealed.22

SECTION 10. That Section 41-1003, Idaho Code, be, and the same is hereby23 amended to read as follows:24 41-1003. DEFINITIONS. (1) "Business entity" means a corporation, as-25 sociation, partnership, limited liability company, limited liability part-26 nership or other legal entity.27 (2) "Home state" means the District of Columbia and any state or terri-28 tory of the United States or any province of Canada in which an insurance pro-29 ducer maintains his or her principal place of residence or principal place of30 business and is licensed to act as an insurance producer.31 (3) "License" means a document issued by the director authorizing a32 person to act as an insurance producer for the lines of authority specified33 in the document. The license itself does not create any authority, actual,34 apparent or inherent, in the holder to represent or commit an insurance car-35 rier.36 (4) "Limited lines insurance" is insurance which restricts the author-37 ity of the license to less than the total authority prescribed in the as-38 sociated major lines pursuant to section 41-1008(1)(a) through (g), Idaho39 Code, and shall include, but not be limited to: credit life, credit disabil-40 ity, credit property, credit unemployment, involuntary unemployment, mort-41 gage life, mortgage guaranty, mortgage disability, guaranteed automobile42 protection (GAP) insurance, transportation baggage insurance, transporta-43 tion ticket policies covering personal accident insurance, pet insurance,44

11 portable electronics insurance, travel insurance or any other line of insur-1 ance that the director deems necessary to recognize for the purposes of com-2 plying with section 41-1009(5), Idaho Code.3 (5) "Limited lines producer" means a producer authorized by the direc-4 tor to sell, solicit or negotiate limited lines insurance. "Limited lines5 producer" includes a "limited lines travel insurance producer" as used in6 sections 41-1090 through 41-1096, Idaho Code.7 (6) "Negotiate" means the act of conferring directly with or offering8 advice directly to a purchaser or prospective purchaser of a particular con-9 tract of insurance concerning any of the substantive benefits, terms or con-10 ditions of the contract, provided that the person engaged in the act either11 sells insurance or obtains insurance from insurers for purchasers.12 (7) "Person" means an individual or a business entity.13 (8) "Producer" means a person required to be licensed under the laws of14 this state to sell, solicit or negotiate insurance.15 (9) "Resident" means a person whose home state is Idaho or any other16 particular state identified in conjunction with the use of the term.17 (10) "Sell" means to exchange a contract of insurance by any means, for18 money or its equivalent, on behalf of an insurance company.19 (11) "Solicit" means attempting to sell insurance or asking or urging a20 person to apply for a particular kind of insurance from a particular company21 or companies.22 (12) "Terminate" means the cancellation of the relationship between an23 insurance producer and the insurer or the termination of a producer's au-24 thority to transact insurance for or on behalf of an insurer.25 (13) "Uniform application" means the current version of the national26 association of insurance commissioners (NAIC) uniform application for resi-27 dent and nonresident producer licensing.28 (14) "Uniform business entity application" means the current version of29 the NAIC uniform business entity application for resident and nonresident30 business entities.31

SECTION 11. An emergency existing therefor, which emergency is hereby32 declared to exist, this act shall be in full force and effect on and after33 July 1, 2026.34

Reported Printed and Referred to Business

Session
2026
Chamber
house
Committee
Business
Status date
Feb 12, 2026
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