Borrowing money from clients.
(1) An insurance producer who borrows money, securities or anything of value from a client or customer, unless the client or customer is a person engaged in the business of loaning funds or is an immediate family member of the insurance producer, shall complete a written loan agreement that sets forth the parties to the loan, the purpose of the loan, the amount of the loan and the terms of the loan. All parties to the loan must sign the loan agreement acknowledging the transaction and must receive a copy of the loan agreement. The insurance producer shall keep a record of the loan transaction until the loan is paid back in full. Any release of the debt shall be in writing and signed by all parties to the release.
(2) As used in this section, the term "immediate family member" means a parent, mother-in-law, father-in-law, husband, wife, sister, brother, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or a son or daughter.
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1985–2024 · leading case:
State v. Payne, 199 P.3d 123 (Idaho 2008).
State v. Payne, 199 P.3d 123 (Idaho 2008).
· cites it 8× “For instance, in I.C. § 41-1325, "`immediate family member' means a parent, mother-in-law, father-in-law, husband, wife, sister, brother, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or a son or daughter.”
State v. Azad Haji Abdullah, 348 P.3d 1 (Idaho 2015).
· cites it 4× “The Court explained: For instance, in I.C. § 41-1325, “ ‘immediate family member’ means a parent, mother-in-law, father-in-law, husband, wife, sister, brother, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or a son or daughter.”
Berglund v. Potlatch Corp., 932 P.2d 875 (Idaho 1996).
· cites it 16× “The Nez Perce County Prosecutor subsequently charged Berglund with a violation of I.C. § 41-1325, which prohibits providing false information to an insurer.”
State v. MacK, 974 P.2d 1109 (Idaho Ct. App. 1999).
· cites it 4× “Mack was charged with submitting a false statement to an insurer for the purpose of obtaining money, I.C. § 41-1325. [1] The case was tried to a jury, and Mack was found guilty.”
State v. Russell, 835 P.2d 1299 (Idaho 1992).
· cites it 2× “two counts of Grand Theft By Possession in violation of Idaho Code 18-2403(4) and 18-2407(1), one count of Selling or Disposing of Vehicle With Altered Serial Number in violation of Idaho Code 18-2410(2), one count of Conspiracy to Sell or Dispose of Vehicle With Altered Serial…”
State v. Lloyd Hardin McNeil, 346 P.3d 297 (Idaho Ct. App. 2014).
· cites it 2× “”); I.C. § 41-1325 (for certain insurance fraud regulations “the term ‘immediate family member’ means a parent, mother-in-law, father-in-law, husband, wife, sister, brother, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or a son or daughter.”
State v. Morris, 773 P.2d 284 (Idaho Ct. App. 1989).
· cites it 2× “§ 41-1326) and Providing False Information to an Insurance Company (I.C. § 41-1325). He was sentenced to a fixed two years followed by an indeterminate eight years on the first-degree arson charge, a fixed two years followed by an indeterminate three years on the damage to…”
State v. Jussaume, 730 P.2d 1028 (Idaho Ct. App. 1986).
· cites it 2× “§ 18-801) and of filing false information in support of an insurance claim (I.C. § 41-1325) in connection with a fire in a mobile home where he lived.”
State v. Stansbury, 701 P.2d 272 (Idaho Ct. App. 1985).
· cites it 2× “§ 18-801, and one count of presenting false information to an insurer, I.C. § 41-1325. She pled guilty to all three counts and was sentenced to the Board of Correction for three indeterminate terms not to exceed three years, all to run concurrently.”
State v. Maynard, 73 P.3d 731 (Idaho Ct. App. 2003).
· cites it 10× “Idaho Code § 41-1325 , the predecessor of I.”
State v. Benzo (Idaho Ct. App. 2024).
· cites it 3× “§ 41-1325, “‘immediate family member’ means a parent, mother-in-law, father-in- law, husband, wife, sister, brother, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or a son or daughter.”
State of Idaho v. Darrell Edward Payne (Idaho 2008).
· cites it 2× “For instance, in I.C. § 41-1325, “‘immediate family member’ means a parent, mother-in-law, father-in-law, husband, wife, sister, brother, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or a son or daughter.”
— Idaho Code § 41-1325(1) — 2 cases
State v. Russell, 835 P.2d 1299 (Idaho 1992).
“two counts of Grand Theft By Possession in violation of Idaho Code 18-2403(4) and 18-2407(1), one count of Selling or Disposing of Vehicle With Altered Serial Number in violation of Idaho Code 18-2410(2), one count of Conspiracy to Sell or Dispose of Vehicle With Altered Serial…”
State v. Maynard, 73 P.3d 731 (Idaho Ct. App. 2003).
“Idaho Code § 41-1325 , the predecessor of I.”
— Idaho Code § 41-1325(2) — 3 cases
State v. Payne, 199 P.3d 123 (Idaho 2008).
“For instance, in I.C. § 41-1325, "`immediate family member' means a parent, mother-in-law, father-in-law, husband, wife, sister, brother, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or a son or daughter.”
State v. Azad Haji Abdullah, 348 P.3d 1 (Idaho 2015).
“The Court explained: For instance, in I.C. § 41-1325, “ ‘immediate family member’ means a parent, mother-in-law, father-in-law, husband, wife, sister, brother, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or a son or daughter.”
State v. Benzo (Idaho Ct. App. 2024).
“§ 41-1325, “‘immediate family member’ means a parent, mother-in-law, father-in- law, husband, wife, sister, brother, brother-in-law, sister-in-law, son-in-law, daughter-in-law, or a son or daughter.”
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