Current through September 2, 2024
Section 18.06.02.010 - DEFINITIONS01.Fiduciary Fund Account. A financial account established to hold fiduciary funds as provided in Section 016.02.Fiduciary Funds. All premiums, return premiums, premium taxes, funds as collateral, and fees received by a producer. Fiduciary funds include: a. All funds paid to a producer for selling, soliciting or negotiating policies of insurance except for those fees recognized by statute as earned by the producer upon receipt which are payable to the producer and not the insurance company, pursuant to Section 41-1030, Idaho Code.b. All funds received by a producer from or on behalf of a client or premium finance company that are to be paid to an insurance company, its agents, or to the producer's employer.c. All funds provided to a producer by an insurance company or its agents that are to be paid to a policyholder or claimant pursuant to a contract of insurance.d. All checks or other negotiable instruments collected by the producer and made payable to the insurer.e. Cash collateral pursuant to Section 41-1043, Idaho Code.03.Receive. To collect or take possession of fiduciary funds. If fiduciary funds are in the form of a credit or offset on an account or other liability for the benefit of the consumer, without the producer actually taking possession of the funds, then constructive receipt is presumed to have occurred.Idaho Admin. Code r. 18.06.02.010