Idaho Code, Title 41, and Idaho Administrative Rule 18 (IDAPA), require an insurer possess a Certificate of Authority prior to transacting the business of insurance in Idaho.
How to apply and the requirements, based on the kinds of insurance and company type, include the following:
Disclosure: This guidance is not all-inclusive. Please review Idaho Code, Title 41 and IDAPA 18.
Idaho Code, Title 41, link: https://legislature.idaho.gov/statutesrules/idstat/title41/
IDAPA 18, link: https://adminrules.idaho.gov/rules/current/18/index.html
Idaho is a uniform state, utilizing the UCAA process available at: https://www.naic.org/industry_ucaa.htm
Idaho-Specific Requirements for the UCAA: Submit the following when you apply:
- If applicable, explain any net losses reported on the income statement for the most recent or prior year. Include this explanation in the UCAA.
- At least one policy form must be submitted via SERFF, see below.
- Payment of the application fee is due at the time of application and is non-refundable, see below.
- Additional information as specified by company type or kind of insurance may be required, see below.
Please be advised:
Eligibility/Seasoning: Applications are reviewed on a case-by-case basis. Emphasis is placed on the eligibility of the applying insurer over its group or affiliates. Eligibility is assessed based on Idaho Code § 41-308 which includes but is not limited to the consideration of: the length of time the insurer has been transacting insurance, and the net profit or loss experienced by the applicant in the previous 5 years.
Timelines: The review of a complete application can take up to 90-days. An application is considered complete when all required application parts and additional information are received by the Department in their final form. It is the responsibility of the applicant to compile and complete the application. It is also the responsibility of the applicant to manage timelines, providing the Department a sufficient period for review so that the applicant may obtain authority to meet any requirements established by other jurisdictions.
At least one policy form must be submitted with an application.
Policy forms and Rate filings can be made via the NAIC SERFF system, available here: https://www.serff.com/
The application fee is due at the time of application. The fee is non-refundable.
Fees are payable by check to the following address. Include the applicant’s identifying information with the check:
Idaho Department of Insurance
700 W. State St., 3rd Floor
P.O. Box 83720
Boise, Idaho 83720-0043
The amount of the application fee depends on the applicant’s surplus:
Surplus less than $10,000,000 Surplus greater than $10,000,000 Surplus greater than $100,000,000 | $1,000.00 $2,500.00 $4,500.00 |
*Note: Annual continuation fees (due on or before March 1): are the same as above
Kind or Kinds of Insurance | Paid up Capital Stock or Basic Surplus | Additional Surplus |
---|---|---|
Life |
$1,000,000 |
$1,000,000 |
Disability |
$1,000,000 |
$1,000,000 |
Life and Disability |
$1,000,000 |
$1,000,000 |
Property |
$1,000,000 |
$1,000,000 |
General Casualty |
$1,000,000 |
$1,000,000 |
Marine and Transportation |
$1,000,000 |
$1,000,000 |
Vehicle |
$1,000,000 |
$1,000,000 |
Fidelity and Surety |
$1,000,000 |
$1,000,000 |
Any two of the following kinds of insurance: Property, Marine and Transportation, General Casualty, Vehicle, Surety, Disability |
$1,000,000 |
$1,000,000 |
Multiple Lines: All insurance except life and title insurance |
$1,000,000 |
$1,000,000 |
Title |
$500,000 |
$500,000 |
Mortgage Guaranty |
$1,500,000 |
$1,500,000 |
Unless otherwise stipulated, insurers must maintain a custodial deposit for the benefit of all policyholders in the amount of $1,000,000.
Certificates of deposit from other jurisdictions may be accepted. The market value of the deposit, no matter where it is held, must equal or exceed $1,000,000 at all times and be held for the benefit of all policyholders.
Custodial Deposits may be invested in Certificates of Deposit (CD’s) issued by solvent banks, or any combination of the following eligible securities:
- Public Obligations
- Securities of certain Federal Agencies
- Irrigation District Obligations
- International Banks
- Corporate Obligations
- Equipment Trust Obligations
- Savings and Share Accounts
Workers’ Compensation:
Approval to write casualty, including workers’ compensation, is required from the Idaho Industrial Commission as well as the Department. It is the responsibility of the applicant to contact the Idaho Industrial Commission and ensure approval is done concurrently. Contact:
Idaho Industrial Commission
700 Clearwater Lane
Boise, ID 83712
Phone Number: (208) 334-6000
(A – L) Email: Alan Pace at alan.pace@iic.idaho.gov
(M – Z) Email: Chandra Tubbs at chandra.tubbs@iic.idaho.gov
Industrial Commission Website: https://iic.idaho.gov/
Managed Care Organizations (MCO’s):
In order to apply for admission as a managed care or limited managed care insurer it will be necessary to file the items listed below:
- A statement describing the MCO, its health care plan or plans, facilities and personnel.
- A copy of any contract made or to be made between the MCO and any provider.
- A copy of any contract between the MCO and any of the company’s board of directors, board of trustees, if a corporation, and the partners or members if a partnership or association.
- A copy of each form of health care contract proposed to be issued.
- A description of the proposed method of marketing the plan.
- A statement of geographic area or areas to be served.
- A description of the grievance procedures as required under Idaho Code § 41-3918.
- A description of the system and procedures for monitoring the quality of health care services as required by Idaho Code § 41-3905(6)(a).
- A description of the mechanism by which members will be given an opportunity to participate in matters of policy and operation as required by Idaho Code § 41-3916.
Prescription Drug Plans (PDP’s):
PDP’s are risk-bearing entities. PDP’s seeking to offer prescription drug coverage under Medicare Part D to Idahoans are required to be licensed as Limited MCO’s under Idaho Code, Title 41, Chapter 39. The additional information required of an MCO, above, also apply to PDP’s.
In the event a PDP’s domicile state does not license PDP’s as insurers, a primary application to Idaho may be submitted.
Variable Product, Life and Annuities:
For authority to write variable life and/or annuity products it is necessary to send the following additional items:
- A general description of the kinds of variable contracts the company intends to issue.
- A copy of the statutes and regulations of the company’s state of domicile under which it is authorized to issue variable contracts.
- A copy of all variable policies that the company intends to use in Idaho, filed in accordance with Idaho’s filing procedures.
- A copy of each prospectus adopted by the company for use in conjunction with the sale of any variable contract offered for sale in this State.
Add or Delete Lines & Corporate Records Changes
There is no fee to add or delete lines of business from an existing Certificate of Authority.
Use the UCAA system to add or delete lines, available here: https://www.naic.org/industry_ucaa.htm
To amend an Idaho Certificate of Authority a policy form must be submitted and filed for the requested line(s). Please utilize SERFF, available here: https://www.serff.com/
Certain contact information is self-maintained through NIPR. Please utilize this tool to streamline keeping your company’s information up to date with the Department.
Note, some items such as Statutory Address and/or Service of Process Address, require a UCAA Corporate Record Change. See the next tab.
There is no fee to make a corporate record change.
Use the UCAA system to make corporate record changes, available here: https://www.naic.org/industry_ucaa.htm
Articles of Incorporation and Bylaws Amendments
Domestic Insurers are required to file amendments with the Department. Please include a red line version detailing the amendment. For records retention purposes, please submit two hard copies of all final amendments. Amendments must be certified by the insurer’s corporate secretary with corporate seal and notary.
Foreign Insurers must file amendments in their state of domicile. Additional notice to the Idaho Department of Insurance is not required unless otherwise stipulated. Contact the Department if concerned an amendment will not be compliant with Idaho Code. It is the responsibility of the insurer to maintain compliance.
Mergers (Consolidations) & Acquisitions
Domestic and Foreign Insurers are required to provide notice and make filings regarding mergers and acquisitions. Idaho Code, Title 41, Chapter 28 includes requirements for mutual and stock insurers. Idaho Code, Title 41, Chapter 38 includes requirements for holding companies.
Assumed Business Names
Domestic and Foreign insurers may add an Assumed Business Name to an existing Certificate of Authority. The steps include:
- Contact the Department to confirm no conflicts in the availability of the name, pursuant to Idaho Code § 41-311
- Contact the Idaho Secretary of State to initiate their filing procedures to register the name.
- Submit a copy of the Certificate of Assumed Business Name to the Department.
A representative from a licensed insurer may request the following records with the payment of a commensurate service fee as follows. Fees are payable at the time of request and are non-refundable:
Filing of Articles of Incorporation | None |
Filing of Bylaws | None |
Name Change | None |
Redomestication | None |
Addition/Deletion of Line of Business | None |
Certificate of Deposit | $20.00 |
Certificate of Compliance | $20.00 |
Certificate of Valuation | $20.00 |
Certified Certificate of Authority | $50.00 |
Service of Process | $30.00 |
Complete and submit the Corp Records Request Certified Docs form with fee payment.
Fees are payable by check to the following address. Include the applicant’s identifying information with the check:
Idaho Department of Insurance
700 W. State St., 3rd Floor
P.O. Box 83720
Boise, Idaho 83720-0043