Terms Used In Idaho Code 41-4318

  • Association: means the Idaho life and health insurance guaranty association. See Idaho Code 41-4305
  • Germane: On the subject of the pending bill or other business; a strict standard of relevance.
  • Insolvent insurer: means a member insurer which, after the effective date of this chapter, is placed under an order of liquidation by a court of competent jurisdiction with a finding of insolvency. See Idaho Code 41-4305
  • State: means a state or a commonwealth of the United States, the District of Columbia, Puerto Rico, and a United States possession, territory or protectorate. See Idaho Code 41-4305
  • Verdict: The decision of a petit jury or a judge.
All proceedings in which the insolvent insurer is a party in any court in this state shall be stayed one hundred eighty (180) days from the date an order of liquidation, rehabilitation or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties. As to judgment under any decision, order, verdict or finding based on default, the association may apply to have such judgment set aside by the same court that made such judgment and shall be permitted to defend against such suit on the merits.