# Idaho Code § 41-4906: 41-4906 LIMITS OF LIABILITY FOR CONTRACTS OF INSURANCE ISSUED BY THE ADMINISTRATOR

> Idaho · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C49_S41-4906

## Section

- **Citation:** Idaho Code § 41-4906
- **Heading:** 41-4906 LIMITS OF LIABILITY FOR CONTRACTS OF INSURANCE ISSUED BY THE ADMINISTRATOR
- **Jurisdiction:** Idaho
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Idaho Code / Title 41 / Chapter 49 / Section 41-4906

## Text

41-4906. Limits of liability for contracts of insurance issued by the administrator. (1) Contracts of insurance issued by the administrator shall contain the following per occurrence and annual aggregate limits of liability for paying the costs of corrective action and compensating third parties who are legally entitled to receive compensation for bodily injury and property damage arising out of accidental releases from covered petroleum storage tanks:

(a) For owners or operators of heating tanks, farm tanks or residential tanks, no more than one hundred thousand dollars ($100,000) per occurrence and no more than one hundred thousand dollars ($100,000) annual aggregate;

(b) For nonmarketers of petroleum products who are owners or operators of above ground and underground storage tanks and who consume ten thousand (10,000) gallons or less of petroleum products each month, no more than five hundred thousand dollars ($500,000) per occurrence and no more than one million dollars ($1,000,000) annual aggregate;

(c) For owners or operators of one (1) to one hundred (100) covered underground petroleum storage tanks, no more than one million dollars ($1,000,000) per occurrence and no more than one million dollars ($1,000,000) annual aggregate;

(d) For owners or operators of one hundred and one (101) or more covered underground petroleum storage tanks, no more than one million dollars ($1,000,000) per occurrence and no more than two million dollars ($2,000,000) annual aggregate; and

(e) For owners or operators of covered above ground petroleum storage tanks, no more than one million dollars ($1,000,000) per occurrence and no more than one million dollars ($1,000,000) annual aggregate.

(2) Legal defense costs shall be disregarded for purposes of determining whether the limits specified in subsection (1) of this section have been reached.

(3) Benefits provided by the trust fund shall be primary and shall not be construed to be excess over and above any other valid and collectible insurance.

(4) If an owner or operator owns or operates more than one (1) of the types of petroleum storage tanks listed in subsection (1) of this section, then the limit of liability applicable to the type of petroleum storage tank from which the accidental release occurred shall apply. In no event shall any of the limits of liability in subsection (1) of this section be combined to exceed the highest per occurrence and annual aggregate limits of liability for any single category in subsections (1)(a) through (1)(e) of this section applicable to an insured owner or operator.

History:

[(41-4906) 41-4905, added 1990, ch. 119, sec. 1, p. 273; am. 1991, ch. 59, sec. 4, p. 122; am. & redesig. 2003, ch. 96, sec. 5, p. 290.]

## Nearby sections

- [Idaho Code § 41-4901 41-4901 SHORT TITLE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C49_S41-4901.md)
- [Idaho Code § 41-4902 41-4902 LEGISLATIVE FINDINGS AND INTENT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C49_S41-4902.md)
- [Idaho Code § 41-4903 41-4903 DEFINITIONS.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C49_S41-4903.md)
- [Idaho Code § 41-4904 41-4904 BOARD OF TRUSTEES OF THE FUND.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C49_S41-4904.md)
- [Idaho Code § 41-4905 41-4905 CREATION, AUTHORIZATION AND MANAGEMENT OF THE IDAHO PETROLEUM CLEAN WATER TRUST FUND.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C49_S41-4905.md)
- [Idaho Code § 41-4906 41-4906 LIMITS OF LIABILITY FOR CONTRACTS OF INSURANCE ISSUED BY THE ADMINISTRATOR.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C49_S41-4906.md)
- [Idaho Code § 41-4907 41-4907 OWNER OR OPERATOR FINANCIAL RESPONSIBILITY.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C49_S41-4907.md)
- [Idaho Code § 41-4908 41-4908 EXCLUSIVENESS OF REMEDY.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C49_S41-4908.md)
- [Idaho Code § 41-4909 41-4909 SOURCE OF TRUST FUND — APPLICATION FEES — APPLICATION FOR ENROLLMENT — TRANSFER FEES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C49_S41-4909.md)
- [Idaho Code § 41-4910 41-4910 DISTRIBUTION OF APPLICATION FEES AND TRANSFER FEES.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C49_S41-4910.md)
- [Idaho Code § 41-4911 41-4911 ISSUANCE OF CONTRACTS OF INSURANCE BY THE ADMINISTRATOR OF THE IDAHO PETROLEUM CLEAN WATER TRUST FUND — DEFERRAL.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C49_S41-4911.md)
- [Idaho Code § 41-4911A 41-4911A PROVISIONS OF CONTRACTS OF INSURANCE — RENEWAL.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C49_S41-4911A.md)
- [Idaho Code § 41-4912 41-4912 STORAGE TANKS ELIGIBLE FOR INSURANCE.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C49_S41-4912.md)
- [Idaho Code § 41-4912A 41-4912A STORAGE TANKS LOCATED ON SITES WHERE CONTAMINATION IS PRESENT.](https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C49_S41-4912A.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ID_T41_C49_S41-4906. Check the current official text before relying on it. Not legal advice.