Terms Used In Idaho Code 41-291
- Action: as used in this chapter , shall include nonaction or the failure to take action. See Idaho Code 41-291
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means a natural person, company, corporation, unincorporated association, partnership, professional corporation and any other legal entity. See Idaho Code 41-291
- Practitioner: means a licensee of this state authorized to practice medicine and surgery, psychology, chiropractic, law or any other licensee of the state whose services are compensated, directly or indirectly, by insurance proceeds, or a licensee similarly licensed in other states and nations or the practitioner of any nonmedical treatment rendered in accordance with a recognized religious method of healing. See Idaho Code 41-291
- Property: includes both real and personal property. See Idaho Code 73-114
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(1) Sections 41-290 through 41-298, Idaho Code, shall be known as the "Idaho Arson and Fraud Reporting-Immunity Act."
(2) "Authorized agencies" shall mean:
(a) Any law enforcement agency of this state;
(b) Any prosecuting attorney who may be responsible for prosecution in the jurisdiction where the fire or fraud occurred;
(c) The attorney responsible for the prosecution in the jurisdiction where the fire or fraud occurred as designated by the attorney general;
(d) The department of insurance, which includes the state fire marshal.
(3) Solely for the purpose of section 41-292(1), Idaho Code, "authorized agencies" shall also include:
(a) The United States attorney’s office when authorized or charged with investigation or prosecution of the fire or fraud in question;
(b) The federal bureau of investigation or any other federal agency, charged with investigation or prosecution of the fire or fraud in question.
(4) "Relevant" means information having any tendency to make the existence of any fact that is of consequence to the investigation or determination of the issue more probable or less probable than it would be without the evidence.
(5) Material will be "deemed important," if within the sole discretion of the "authorized agency," such material is requested by the "authorized agency."
(6) "Action," as used in this chapter, shall include nonaction or the failure to take action.
(7) "Immunity" means that no civil action may arise against any person for furnishing information pursuant to section 41-248, 41-258, 41-290, 41-292, 41-296 or 41-297, Idaho Code, where actual malice on the part of the insurance company, department of insurance, state fire marshal, authorized agency, their employees or agents, is not present.
(8) "Financial loss" includes, but is not limited to, loss of earnings, out-of-pocket and other expenses, repair and replacement costs and claims payments.
(9) "Person" means a natural person, company, corporation, unincorporated association, partnership, professional corporation and any other legal entity.
(10) "Practitioner" means a licensee of this state authorized to practice medicine and surgery, psychology, chiropractic, law or any other licensee of the state whose services are compensated, directly or indirectly, by insurance proceeds, or a licensee similarly licensed in other states and nations or the practitioner of any nonmedical treatment rendered in accordance with a recognized religious method of healing.
(11) "Statement" includes, but is not limited to, any of the following regardless of how it is made and in what format it is contained:
(a) Information submitted on an application for insurance;
(b) Description of policy terms, conditions, benefits or illustrations;
(c) Proof of insurance, certificate of insurance, or insurance card;
(d) Proof of claim, proof of loss, bill of lading, receipt for payment, invoice, account, estimate of property damages, bill for services, diagnosis, prescription, hospital or medical records, X-rays, test results or other evidence of loss, injury or expense; and
(e) Any other notice, correspondence, representation or information relating to an insurance coverage or claim.
(12) "Insurer" shall mean any insurance company contemplated by title 41, Idaho Code, any business operating as a self-insured for any purpose, the state insurance fund, and any self-insured as contemplated by title 72, Idaho Code.
(13) "Runner" means a person who procures, or persons working in conjunction with each other who procure, clients at the direction of, or in cooperation with, a person who, with the intent to deceive or defraud, performs or obtains a service or benefit under a contract of insurance or asserts a claim against an insured.