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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
769
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
MOTOR
VEHICLE
FINANCIAL
RESPONSIBILITY;
AMENDING
CHAPTER
12,
2
TITLE
49,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
SECTION
49
-
1211,
IDAHO
3
CODE,
TO
PROVIDE
FOR
APPRAISALS
AND
TO
ESTABLISH
A
DISPUTE
RESOLUTION
4
PROCESS;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
5
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
6
SECTION
1.
That
Chapter
12,
Title
49,
Idaho
Code,
be,
and
the
same
is
7
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
8
ignated
as
Section
49
-
1211,
Idaho
Code,
and
to
read
as
follows:
9
49
-
1211.
APPRAISALS
-
-
COMPETENT
AND
DISINTERESTED
APPRAISERS
AND
UM
-
10
PIRES.
(1)
Every
automobile
insurer
licensed
to
write
automobile
insurance
1
1
policies
in
this
state
shall
ensure
that
each
policy
issued,
executed,
re
-
12
newed,
or
delivered
to
a
consumer
contains
a
provision
allowing
for
an
ap
-
13
praisal
by
a
competent
and
disinterested
appraiser
if
the
policyholder
and
14
insurer
disagree
on:
15
(a)
The
actual
cash
value
or
amount
of
a
loss,
including
the
repairable
16
amount
and
total
loss
amount,
of
an
automobile
reported
on
a
claim;
or
17
(b)
The
offer
of
settlement
to
a
third
-
party
liability
claim.
18
(2)(a)
If
a
policyholder
and
an
insurer
disagree
as
to
the
actual
cash
19
value
or
amount
of
a
loss
reported
on
a
claim
or
disagree
on
the
offer
of
20
settlement
to
a
third
party,
either
the
policyholder
or
insurer
may
sub
-
21
mit
a
written
demand
letter
to
the
other
invoking
the
policy's
appraisal
22
provision
to
select
a
competent
and
disinterested
appraiser.
The
writ
-
23
ten
demand
shall
notify
the
other
party
of
the
appraiser
selected.
The
24
party
receiving
the
written
demand
shall
have
twenty
(20)
calendar
days
25
to
notify
the
other
of
the
appraiser
selected.
The
parties
shall
be
re
-
26
sponsible
for
the
cost
of
their
own
appraisal.
27
(b)
An
appraiser
who
is
selected
pursuant
to
this
subsection
shall,
28
within
twenty
(20)
business
days
after
such
selection,
appraise
the
29
loss,
stating
separately
the
actual
cash
value
and
amount
of
loss,
or
30
the
offer
of
settlement,
and
shall
deliver
a
copy
of
the
appraisal
to
the
31
other
party.
32
(3)
If,
following
the
procedures
provided
for
in
subsection
(2)
of
this
33
section,
a
policyholder's
appraiser
and
an
insurer's
appraiser
fail
to
agree
34
on
the
actual
cash
value
and
amount
of
loss,
or
on
an
appropriate
offer
of
35
settlement,
then
either
party
may,
within
twenty
(20)
calendar
days
after
36
receipt
of
the
other
party's
appraisal,
initiate
a
dispute
resolution
pur
-
37
suant
to
subsection
(4)
of
this
section
with
a
competent
and
disinterested
38
umpire.
39
(4)
If
a
dispute
resolution
is
initiated,
a
competent
and
disinterested
40
umpire
shall
be
mutually
selected
by
the
appraisers.
Each
party
shall
submit
41
documentation
to
the
umpire
memorializing
the
differences,
including
the
42
2
actual
cash
value
and
amount
of
loss
as
calculated
by
each
appraiser.
Within
1
twenty
(20)
business
days
after
receiving
the
documentation
submitted
by
2
the
parties,
the
umpire
shall
issue
an
award
to
one
(1)
of
the
appraisers
3
selected
by
the
parties,
which
shall
be
filed
with
the
insurer
and
shall
be
4
considered
the
actual
cash
value
or
amount
of
loss.
5
(5)
An
insurer's
failure
to
comply
with
the
procedures
of
this
section
6
shall
be
a
violation
of
chapter
13,
title
41,
Idaho
Code.
7
(6)
The
department
of
insurance
is
authorized
to
promulgate
rules,
sub
-
8
ject
to
legislative
approval,
for
the
implementation
and
administration
of
9
this
section.
10
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
1
1
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
12
July
1,
2026.
13