(1) The director may conduct examinations of motor vehicle service contract providers, administrators, insurers or other persons to enforce the provisions of this chapter and to protect motor vehicle service contract holders in this state. Upon request of the director, the provider shall make available to the director all accounts, books and records concerning motor vehicle service contracts sold or issued by the provider that are necessary to enable the director to reasonably determine compliance or noncompliance with this chapter.
(2)  The following provisions of chapter 2, title 41, Idaho Code, generally addressing the director’s inquiry powers, orders and conduct of administrative proceedings apply to persons subject to this chapter:
(a)  Sections 41-210 through 41-215, Idaho Code;
(b)  Sections 41-220 through 41-223, 41-225, and 41-227, Idaho Code; and
(c)  Sections 41-229 through 41-240, and section 41-247, Idaho Code.

Terms Used In Idaho Code 41-6211

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Director: means the director of the Idaho department of insurance;
Idaho Code 41-6203
  • Motor vehicle service contract: means a contract or agreement given for separately stated consideration that undertakes to perform or provide repair or replacement service, or indemnification for such service, for the operational or structural failure of a motor vehicle due to defect in materials or workmanship or normal wear and tear but shall not include mechanical breakdown insurance. See Idaho Code 41-6203
  • 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
    • (3)  Any company that violates any provisions of this act may, in the director’s discretion, be subject to a civil penalty of one thousand dollars ($1,000) per violation, limited to a total of twenty-five thousand dollars ($25,000) in the aggregate for all like violations.
    (4)  This act does not create a separate civil cause of action, but does not preclude a cause of action under the Idaho consumer protection act, chapter 6, title 48, Idaho Code, or any applicable common law or statutory causes of action.