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State Statutes - Idaho - Title 28 - Chapter 44 - 28-44-108
Idaho Statutes
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28-44-108 - REFUND OR CREDIT REQUIRED -- AMOUNT
(1) Upon prepayment in
full of a regulated consumer credit sale or regulated consumer loan by the
proceeds of credit insurance, the debtor or his estate is entitled to a refund
of any portion of a separate charge for insurance which by reason of
prepayment is retained by the creditor or returned to him by the insurer,
unless the charge was computed from time to time on the basis of the balances
of the debtor's account.
(2) This chapter does not require a creditor to grant a refund or credit
to the debtor if all refunds and credits due to the debtor under this chapter
amount to less than five dollars ($5.00), and except as provided in subsection
(1) of this section, does not require the creditor to account to the debtor
for any portion of a separate charge for insurance because:
(a) The insurance is terminated by performance of the insurer's
obligation;
(b) The creditor pays or accounts for premiums to the insurer in amounts
and at times determined by the agreement between them; or
(c) The creditor receives directly or indirectly under any policy of
insurance a gain or advantage not prohibited by law, or regulations
prescribed by the director of the department of insurance.
(3) Except as provided in subsection (2) of this section, the creditor
shall promptly make or cause to be made an appropriate refund or credit to the
debtor with respect to any separate charge made to him for insurance if:
(a) The insurance is not provided or is provided for a shorter term than
that for which the charge to the debtor for insurance was computed; or
(b) The insurance terminates prior to the end of the term for which it
was written because of prepayment in full or otherwise.
(4) A refund or credit required by subsection (3) of this section is
appropriate as to amount if it is computed according to a method prescribed or
approved by the director of the department of insurance or a formula filed by
the insurer with the director of the department of insurance at least thirty
(30) days before the debtor's right to a refund or credit becomes
determinable, unless the method or formula is employed after the director of
the department of insurance notifies the insurer that he disapproves it.
 
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