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Idaho Code § 41-3330

Setoffs

Known as the Idaho Insurers Supervision, Rehabilitation, and Liquidation Act

The act spans §§ 41–41 (60 sections).

Applied in 1 court decision — leading case Kemper Reinsurance Co. v. Corcoran (1992)

Most recently applied in Kemper Reinsurance Co. v. Corcoran (March 1992)

I.C., § 41-3330, as added by 1981, ch. 249, § 2, p. 502; am. 1996, ch. 304, § 1, p. 1000.

(1) Mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this act shall be set off and the balance only shall be allowed or paid, except as provided in subsection (2) of this section and section 41-3333, Idaho Code.

(2) No setoff shall be allowed in favor of any person where: The obligation of the insurer to the person would not at the date of the filing of a petition for liquidation entitle the person to share as a claimant in the assets of the insurer;

(3) The obligation of the insurer to the person was purchased by or transferred to the person with a view to its being used as a setoff; or

(4) The obligation of the person is to pay an assessment levied against the members or subscribers of the insurer, or is to pay a balance upon a subscription to the capital stock of the insurer, or is in any other way in the nature of a capital contribution.

Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.