Idaho Code

Idaho Code § 41-1030 (2026)

Producer compensation. 

✓ current as of May 2026
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Producer compensation. 

(1) For purposes of this section:

(a)  "Consumer" means an insured, a prospective insured or an employer group.
(b)  "Retail producer" means a producer who solicits, negotiates with or sells an insurance contract directly to a consumer.
(c)  "Wholesale producer" means a producer who solicits, negotiates or sells an insurance contract directly with a retail producer, but not with a consumer.
(2)  Notwithstanding any other provision of title 41, Idaho Code, and as provided in this subsection, retail producers and wholesale producers may charge a fee or be compensated by a combination of fees and commissions.
(a)  Before charging a fee to a consumer, a retail producer shall provide to the consumer a written statement that describes the services the retail producer will perform and the fees the retail producer will receive. Acceptance by the consumer of a fee arrangement shall be evidenced by the consumer signing and dating the fee statement.
(b)  Before charging a fee to a retail producer, a wholesale producer shall provide to the retail producer a written statement that describes the services the wholesale producer will perform and the fees the wholesale producer will receive. Information regarding the amount of the fees charged by the wholesale producer shall be disclosed in writing on the face of the policy as a separately itemized charge.
Notes of Decisions
Cited in 3 cases, 1976–1992 · leading case: McAlvain v. Gen. Ins. Co. of Am., 554 P.2d 955 (Idaho 1976).
McAlvain v. Gen. Ins. Co. of Am., 554 P.2d 955 (Idaho 1976). · cites it 2× “The interest of the state that competent persons become insurance agents is demonstrated by the requirement that they be licensed by the state, I.C. § 41-1030; pass an examination administered by the state, I.”
Vendx Mktg. Co. v. Dep't of Emp., 841 P.2d 420 (Idaho 1992). · cites it 4× “Compare, I.C. §§ 41-1030, 54-2045, 54-2902. The sales representatives who testified also considered themselves to be independent contractors.”
Pan Am. Assurance Co. v. Dep't of Ins., 828 P.2d 913 (Idaho Ct. App. 1992). · cites it 4× “Adopting the findings and conclusions of the hearing officer, the Director of the Department determined that (1) through its agents Pan American had solicited insurance in Idaho, in violation of I.C. § 41-1030; (2) by its acceptance of Bostrom’s application and its issuance of…”
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