About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2015 Op. Idaho Att'y Gen. 1 (2015)

handle is hein.sag/sagid0090 and id is 1 raw text is: STATE OF IDAHO OFFICE OF THE ATTORNEY GENERAL LAWRENCE G. WASDEN ATTORNEY GENERAL OPINION NO. 14-3 To: Kit Coffin Risk Management Program Manager Idaho Department of Administration STATEHOUSE MAIL Per Request for Attorney General's Opinion You have requested an Attorney General's Opinion concerning whether the University of Idaho has any exemption from the requirement that it procure its insurance solely as prescribed by the Department of Administration. This opinion addresses the question you have presented. QUESTION PRESENTED Does the University of Idaho have any exemption from the requirement for sole provision of insurance by the State of Idaho Risk Management Program within the Department of Administration (other than group insurance for State employees)? CONCLUSION For the reasons stated below, the University of Idaho should not obtain its own risk (i.e., liability) or property insurance unless it does so by paying premiums with moneys not derived in whole or in part from State funds. It may obtain its own risk or property insurance if it pays the premiums with money not obtained in whole or in part from State funds. I reach these conclusions for the following reasons. There are two exceptions in title 67, chapter 57, Idaho Code, under which the University of Idaho may obtain insurance coverage in addition to that procured by the Director of the Department of Administration. The first is in Idaho Code sections 67-5765 and 67-5766, which are among the sections authorizing purchase of group insurance for life, medical and disability coverage. Group insurance was not within the scope of the Question Presented, so this exception is not relevant. The second exception is implicit, not explicit. Idaho Code sections 67-5773 and 67-5775 give the Director authority to determine the nature and extent of insurance coverage for risk and property and to procure necessary insurance and/or not to insure according to the Director's determination of what is cost beneficial. However, there is an implicit exception to the 1 P.O. Box 83720, Boise, Idaho 83720-0010 Telephone: (208) 334-2400, FAX: (208) 854-8071 Located at 700 W. Jefferson Street, Suite 210

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most