Idaho Code

Idaho Code § 41-102 (2026)

"Insurance" defined. 

✓ current as of May 2026
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"Insurance" defined. 

"Insurance" is a contract whereby one undertakes to indemnify another or pay or allow a specified or ascertainable amount or benefit upon determinable risk contingencies.

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 1964–2025 · leading case: Messerli v. Monarch Memory Gardens, Inc., 397 P.2d 34 (Idaho 1964).
Messerli v. Monarch Memory Gardens, Inc., 397 P.2d 34 (Idaho 1964). · cites it 8× “Under I.C. § 41-102, insurance is defined as follows: "`Insurance' is a contract whereby one undertakes to indemnify another or pay or allow a specified or ascertainable amount or benefit upon determinable risk contingencies.”
Cnty. of Kootenai v. W. Cas. & Sur. Co., 750 P.2d 87 (Idaho 1988). · cites it 2× “Since the negligent act of the sheriff was within the coverage of the policy, and since the sheriff was an employee insured under the policy Kootenai County obtained from Foremost, the County had every right to expect Foremost to step in and defend the suit against the sheriff.…”
Selkirk Seed Co. v. State Ins. Fund, 18 P.3d 956 (Idaho 2000). · cites it 2× “I.C. § 41-102. Part Two provides in relevant part: A.”
Rungee v. Allied Van Lines, Inc., 449 P.2d 378 (Idaho 1968). · cites it 2× “…Annotation, What Constitutes Insurance, 119 A.L.R. 1241 at 1242-1243 (1939) ; cf. Couch, Insurance 2d § 1:106; I.C. §§ 41-102, 41-103; Fla.Stat. §§ 624.02, 624.03, F.S. A. 4 . See also I.C. §§ 41-1802, 41-1803. 5 . Cavers, “The Ckoiee-of-Law Process” 89 (1966). 6 .…”
Altrua Healthshare, Inc. v. Deal, 299 P.3d 197 (Idaho 2013). · cites it 18× “” Thus, the Hearing Officer focused on the first type of insurance contract under I.C. § 41-102’s definition—those that undertake to indemnify another.”
Pena v. Viking Ins. Co. of Wisconsin (Idaho 2022). · cites it 4× “” I.C. § 41-102. While an insurer can guard against those “risk contingencies” to limit its exposure to risk, the insurer cannot extinguish what the insured paid for through limitations or exclusions.”
Gilbert v. Progressive Nw. Ins. Co. (Idaho 2025). · cites it 2× “An insurance contract is often defined as a bargain under which the insured [person] agrees to pay a specified premium and, in exchange, the [insurance company] agrees to indemnify the insured [person] against losses that are within the terms of the policy, but that arise from…”
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