# Idaho Code § 41-3802: 41-3802 DEFINITIONS > Idaho · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C38_S41-3802 ## Section - **Citation:** Idaho Code § 41-3802 - **Heading:** 41-3802 DEFINITIONS - **Jurisdiction:** Idaho - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Idaho Code / Title 41 / Chapter 38 / Section 41-3802 ## Text 41-3802. definitions. As used in this chapter, the following terms shall have the following meanings: (1) "Affiliate" of, or a person "affiliated" with, a specific person, means a person who directly or indirectly through one (1) or more intermediaries controls or is controlled by, or is under common control with, the person specified. (2) "Control," including "controlling," "controlled by" and "under common control with," means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or a corporate office held by the person. Control shall be presumed to exist if any person, directly or indirectly, owns, controls, holds with the power to vote or holds proxies representing ten percent (10%) or more of the voting securities of any other person. This presumption may be rebutted by a showing made in the manner provided in section 41-3809(11), Idaho Code, that control does not exist in fact. The director may determine, after furnishing all persons in interest notice and opportunity to be heard and making specific findings of fact to support the determination, that control exists in fact, notwithstanding the absence of a presumption to that effect. (3) "Enterprise risk" means any activity, circumstance, event or series of events involving one (1) or more affiliates of an insurer that, if not remedied promptly, is likely to have a material adverse effect on the financial condition or liquidity of the insurer or its insurance holding company system as a whole, including but not limited to anything that would cause the insurer's risk-based capital to fall into company action level as set forth in section 41-5403, Idaho Code, or would cause the insurer to be in hazardous financial condition as set forth by rule. (4) "Group capital calculation instructions" means the group capital calculation instructions as adopted and amended by the national association of insurance commissioners (NAIC) effective January 1, 2024, or any subsequent version adopted for use by the director by rule, administrative order, or bulletin, provided that no such instructions shall contradict any section of this chapter. (5) "Group-wide supervisor" means the regulatory official authorized to engage in conducting and coordinating group-wide supervision activities who is determined or acknowledged by the director under section 41-3815A, Idaho Code, to have sufficient significant contacts with the internationally active insurance group. (6) "Insurance holding company system" means two (2) or more affiliated persons, one (1) or more of whom is an insurer. (7) "Insurer" has the same meaning as that set forth in section 41-103, Idaho Code, except that it shall not include agencies, authorities or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia or a state or political subdivision of a state. (8) "Internationally active insurance group" means an insurance holding company system that: (a) Includes an insurer registered under section 41-3809, Idaho Code; and (b) Meets the following criteria: s, authorities or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia or a state or political subdivision of a state. (8) "Internationally active insurance group" means an insurance holding company system that: (a) Includes an insurer registered under section 41-3809, Idaho Code; and (b) Meets the following criteria: (i) Premiums written in at least three (3) countries; (ii) The percentage of gross premiums written outside the United States is at least ten percent (10%) of the insurance holding company system's total gross written premiums; and (iii) Based on a three (3) year rolling average, the total assets of the insurance holding company system are at least fifty billion dollars ($50,000,000,000) or the total gross written premiums of the insurance holding company system are at least ten billion dollars ($10,000,000,000). (9) "NAIC liquidity stress test framework" means the NAIC publication as adopted and amended by the NAIC effective December 13, 2022, or any subsequent version adopted for use by the director by rule, administrative order, or bulletin. The term includes a history of the development of regulatory liquidity stress testing, the scope criteria applicable for a specific data year, and the liquidity stress test instructions and reporting templates for a specific data year. (10) "Person" means an individual, a corporation, a limited liability company, a partnership, an association, a joint stock company, a business trust, an unincorporated organization, or any similar entity or any combination of the foregoing acting in concert, but shall not include any joint venture partnership exclusively engaged in owning, managing, leasing or developing real or tangible personal property. (11) "Scope criteria" means the designated exposure bases along with minimum magnitudes thereof for the specified data year used to establish a preliminary list of insurers that are considered scoped into the NAIC liquidity stress test framework for that data year. (12) "Security holder" means a person who owns any security of a specified person, including common stock, preferred stock, debt obligations and any other security convertible into or evidencing the right to acquire any of the foregoing. (13) "Subsidiary" means a specified person who is an affiliate controlled by such person directly or indirectly through one (1) or more intermediaries. (14) "Voting security" means any security convertible into or evidencing a right to acquire a voting security. History: [41-3802, added 2013, ch. 266, sec. 2, p. 652; am. 2019, ch. 81, sec. 1, p. 188; am. 2025, ch. 62, sec. 1, p. 286.] ## Nearby sections - [Idaho Code § 41-3801 41-3801 PURPOSE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C38_S41-3801.md) - [Idaho Code § 41-3802 41-3802 DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C38_S41-3802.md) - [Idaho Code § 41-3803 41-3803 SUBSIDIARIES OF INSURERS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C38_S41-3803.md) - [Idaho Code § 41-3804 41-3804 ACQUISITION OF CONTROL OF CONTROLLING INTEREST WITH DOMESTIC INSURER — ACQUISITION OF MERGER OR DIVESTITURE OF CONTROLLING INTEREST WITH DOMESTIC INSURER.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C38_S41-3804.md) - [Idaho Code § 41-3805 41-3805 TENDER OFFER MATERIAL.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C38_S41-3805.md) - [Idaho Code § 41-3806 41-3806 APPROVAL BY DIRECTOR — HEARINGS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C38_S41-3806.md) - [Idaho Code § 41-3807 41-3807 MAILING — PAYMENT OF EXPENSES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C38_S41-3807.md) - [Idaho Code § 41-3808 41-3808 ACQUISITIONS INVOLVING INSURERS NOT OTHERWISE COVERED.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C38_S41-3808.md) - [Idaho Code § 41-3809 41-3809 REGISTRATION OF HOLDING COMPANY SYSTEM INSURERS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C38_S41-3809.md) - [Idaho Code § 41-3809A 41-3809A GROUP CAPITAL CALCULATION REPORTING.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C38_S41-3809A.md) - [Idaho Code § 41-3810 41-3810 STANDARDS AND MANAGEMENT OF AN INSURER WITHIN AN INSURANCE HOLDING COMPANY SYSTEM.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C38_S41-3810.md) - [Idaho Code § 41-3811 41-3811 ADEQUACY OF SURPLUS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C38_S41-3811.md) - [Idaho Code § 41-3812 41-3812 DIVIDENDS AND OTHER DISTRIBUTIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C38_S41-3812.md) - [Idaho Code § 41-3813 41-3813 MANAGEMENT OF DOMESTIC INSURERS SUBJECT TO REGISTRATION.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C38_S41-3813.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C38_S41-3802. 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