Idaho Administrative Code
Title IDAPA 18 - Insurance, Department of
Rule 18.06.02 - PRODUCERS HANDLING OF FIDUCIARY FUNDS
Section 18.06.02.019 - PERMISSIBLE DISTRIBUTION OF FIDUCIARY FUNDS
Current through August 31, 2023
Distributions from a fiduciary fund account are to only be made for the following purposes, and in the manner stated: (3-31-22)
01. Remit Premiums. To remit premiums to an insurer or an insurer's designee pursuant to a contract of insurance; (3-31-22)
02. Return Premiums. To return premiums to an insured or other person or entity entitled to the premiums; (3-31-22)
03. Remit Surplus Lines Taxes and Stamping Fees. To remit surplus lines taxes and stamping fees collected to the appropriate state; (3-31-22)
04. Reimburse Voluntary Deposits. To reimburse voluntary deposits made by the producer to the extent that the funds in the fiduciary account exceed the amount necessary to meet all fiduciary obligations, only if the reimbursement can be matched and identified with the previous voluntary deposit. (3-31-22)
05. Transfer or Withdraw Accrued Interest. To transfer or withdraw accrued interest to the extent that fiduciary fund account funds exceed the amount necessary to meet all fiduciary obligations, only if the reimbursement can be matched and identified with the previous interest deposit by the financial institution. (3-31-22)
06. Transfer or Withdraw Actual Commissions. To transfer or withdraw actual commissions and those earned fees recognized as earned by the producer, upon receipt, which are payable to the producer, only if the commissions and fees can be matched and identified with funds previously deposited in the fiduciary account. (3-31-22)
07. Pay Charges Imposed. To pay charges imposed by the financial institution that directly relate to the operation and maintenance of the fiduciary funds account. (3-31-22)
08. Transfer Funds. To transfer funds from one (1) fiduciary fund account to another fiduciary fund account. (3-31-22)
09. Return Cash Collateral. To return cash collateral to the person who deposited the cash collateral with the producer within fourteen (14) days of the date notice is received that the obligation, the satisfaction of which was secured by the cash collateral, has been discharged. (3-31-22)
10. Convert Cash Collateral. To convert cash collateral where the defendant or other responsible party fails to satisfy the obligation of the bail bond and the bail or obligation was not exonerated by the court but instead executed by the court, provided such conversion is compliant with the contract between the producer and the person who deposited the cash collateral. (3-31-22)
