Idaho State Statutes - Idaho Attorney Directory

(1) No insurer shall retain any risk on any one
(1) subject of insurance, whether located or to be performed in this state or
elsewhere, in an amount exceeding ten per cent (10%) of its surplus to policy
holders.
(2) A "subject of insurance" for the purposes of this section, as to
insurance against fire and hazards other than windstorm, earthquake and other
catastrophic hazards, includes all properties insured by the same insurer
which are customarily considered by underwriters to be subject to loss or
damage from the same fire or the same occurrence of any other hazard insured
against.
(3) Reinsurance ceded as authorized by section 41-511 of this code shall
be deducted in determining risk retained. As to surety risks, deduction shall
also be made of the amount assumed by any established incorporated cosurety
and the value of any security deposited, pledged, or held subject to the
surety's consent and for the surety's protection.
(4) As to alien insurers, this section shall relate only to risks and
surplus to policy holders of the insurer's United States branch.
(5) "Surplus to policy holders" for the purposes of this section, in
addition to the insurer's capital and surplus, shall be deemed to include any
voluntary reserves which are not required pursuant to law, and shall be
determined from the last sworn statement of the insurer on file with the
director, or by the last report of examination of the insurer, whichever is
the more recent at time of assumption of risk.
(6) This section shall not apply to life or disability insurance,
annuities, title insurance, insurance of wet marine and transportation risks,
workmen's compensation insurance, employers' liability coverages, nor to any
policy or type of coverage as to which the maximum possible loss to the
insurer is not readily ascertainable on issuance of the policy.
(7) Limits of risks as to newly formed domestic mutual insurers shall be
as provided in section 41-2820[, Idaho Code].

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