Idaho Code
Idaho Code

Idaho Code § 41-3305 (2026)

Injunctions and orders. 

✓ current as of May 2026
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Injunctions and orders. 

(1) Any receiver appointed in a proceeding under this act, may at any time apply for and any court of general jurisdiction may grant, such restraining orders, preliminary and permanent injunctions, and other orders as may be deemed necessary and proper to prevent:

(a)  The transaction of further business;
(b)  The transfer of property;
(c)  Interference with the receiver or with a proceeding under this act;
(d)  Waste of the insurer’s assets;
(e)  Dissipation and transfer of bank accounts;
(f)  The institution or further prosecution of any actions or proceedings;
(g)  The obtaining of preferences, judgments, attachments, garnishments, or liens against the insurer, its assets or its policyholders;
(h)  The levying of execution against the insurer, its assets, or its policyholders;
(i)  The making of any sale or deed for nonpayment of taxes or assessments that would lessen the value of the assets of the insurer; or
(j)  The withholding from the receiver of books, accounts, documents, or other records relating to the business of the insurer; or
(k)  Any other threatened or contemplated action that might lessen the value of the insurer’s assets or prejudice the rights of policyholders, creditors, or shareholders, or the administration of any proceeding under this act.
(2)  The receiver may apply to any court outside of the state for the relief described in subsection (1) of this section.
Notes of Decisions
Cited in 3 cases, 1957–1966 · leading case: Lively v. City of Blackfoot, 416 P.2d 27 (Idaho 1966).
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Lively v. City of Blackfoot, 416 P.2d 27 (Idaho 1966). · cites it 4× “§ 41-3505 which replaced the previously applicable and identical provision, Section 41-3305. Former Section 41-3305 read, “Waiver of immunity to extent of liability insurance carried,’’ while the present provision is titled, “Limited waiver of defense of sovereign immunity.”
Ford v. City of Caldwell, 321 P.2d 589 (Idaho 1958). · cites it 2× “Appellant points to I.C. § 41-3305, a part of the chapter, containing an express waiver of immunity by the State, its political subdivisions and municipalities, against liability for damages to the extent of the liability insurance carried.”
Pigg v. Brockman, 314 P.2d 609 (Idaho 1957). “, was amended in 1955 by the addition of § 41-3305, which contains an express waiver of immunity to the extent of liability insurance carried.”
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