reglab/housing_qa huggingface dataset:
MT Code § 33-10-210 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 10. Insurance Guaranty Associations|Part 2. Life and Health Insurance Guaranty Associations|33-10-210. Unfair trade practice -- notice to policyowners

  33-10-210. Unfair trade practice -- notice to policyowners. (1) It is a prohibited unfair trade practice for any person to make use in any manner of the protection afforded by this part in the sale of insurance.   (2) The association shall prepare a summary document, complying with subsection (3) and describing the general purposes and current limitations of this part. The document must be submitted to the commissioner for approval. Sixty days after receiving approval, a member insurer may not deliver a policy or contract described in 33-10-224(2)(a) to a policyowner or contract owner unless the document is delivered to the policyowner or contract owner prior to or at the time of delivery of the policy or contract. The document must be available upon request by a policyowner. The distribution, delivery, contents, or interpretation of this document does not mean that either the policy or the contract or the owner of the policy or contract would be covered in the event of the impairment or insolvency of a member insurer. The description document must be revised by the association as amendments to this part may require. Failure to receive this document does not give the policyowner, contract owner, certificate holder, or insured any greater rights than those stated in this part.   (3) The document prepared under subsection (2) must contain a clear and conspicuous disclaimer on its face. The commissioner shall promulgate a rule establishing the form and content of the disclaimer. The disclaimer must:   (a) state the name and address of the life and health insurance guaranty association and insurance department;   (b) prominently warn the policyowner or contract owner that the life and health insurance guaranty association may not cover the policy or, if coverage is available, it will be subject to substantial limitations and exclusions and conditioned on continued residence in the state;   (c) state that the insurer and its insurance producers are prohibited by law from using the existence of the life and health insurance guaranty association for the purpose of sales, solicitation, or inducement to purchase any form of insurance;   (d) emphasize that the policyowner or contract owner should not rely on coverage under the life and health insurance guaranty association when selecting an insurer;   (e) provide other information as directed by the commissioner.   History: En. 40-5814 by Sec. 14, Ch. 245, L. 1974; R.C.M. 1947, 40-5814(5); amd. Sec. 59, Ch. 596, L. 1993; amd. Sec. 9, Ch. 195, L. 2003; amd. Sec. 4, Ch. 27, L. 2011; amd. Sec. 3, Ch. 25, L. 2019.
MT Code § 33-10-211 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 10. Insurance Guaranty Associations|Part 2. Life and Health Insurance Guaranty Associations|33-10-211. through 33-10-214 reserved

  33-10-211 through 33-10-214 reserved.
MT Code § 33-10-215 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 10. Insurance Guaranty Associations|Part 2. Life and Health Insurance Guaranty Associations|33-10-215. Duties and powers of commissioner

  33-10-215. Duties and powers of commissioner. (1) In addition to the duties and powers enumerated elsewhere in this part, the commissioner shall:   (a) notify the board of directors of the existence of an impaired or insolvent insurer after an order of impairment or insolvency is entered or the commissioner receives notice of impairment or insolvency;   (b) upon request of the board of directors, provide the association with a statement of the premiums in the appropriate states for each member insurer;   (c) when an impairment or insolvency is declared and the amount of the impairment or insolvency is determined, serve a demand upon the impaired or insolvent insurer to make good the impairment or insolvency within a reasonable time. Notice to the impaired or insolvent insurer constitutes notice to its shareholders, if any. The failure of the insurer to promptly comply with the demand does not excuse the association from the performance of its powers and duties under this part.   (2) The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer that fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the commissioner may levy a fine on any member insurer that fails to pay an assessment when due. The fine may not exceed 5% of the unpaid assessment per month, except that the fine may not be less than $100 per month.   (3) A final action of the board of directors may be appealed to the commissioner by a member insurer if the appeal is taken within 60 days of the member insurer's receipt of notice of the final action being appealed. A final action or order of the commissioner is subject to judicial review in a court of competent jurisdiction in accordance with the laws of this state that apply to the actions or orders of the commissioner.   (4) The liquidator, rehabilitator, or conservator of an impaired or insolvent insurer may notify all affected persons of the effect of this part.   History: En. 40-5811 by Sec. 11, Ch. 245, L. 1974; R.C.M. 1947, 40-5811(1); amd. Sec. 10, Ch. 195, L. 2003; amd. Sec. 4, Ch. 25, L. 2019.
MT Code § 33-10-218 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 10. Insurance Guaranty Associations|Part 2. Life and Health Insurance Guaranty Associations|33-10-218. Examination by commissioner -- cost

  33-10-218. Examination by commissioner -- cost. (1) The commissioner may conduct the examination requested by the board pursuant to 33-10-217(4). The examination may be conducted as a national association of insurance commissioners examination or may be conducted by persons whom the commissioner designates. The cost of the examination must be paid by the association, and the examination report must be treated as are other examination reports.   (2) The examination report may not be released to the board of directors of the association prior to its release to the public, but this may not excuse the commissioner from the obligation to comply with subsection (4). The commissioner shall notify the board of directors when the examination is completed.   (3) The request for an examination must be kept on file by the commissioner, but it may not be open to public inspection prior to the release of the examination report to the public and must be released at that time only if the examination discloses that the examined insurer is unable or potentially unable to meet its contractual obligations.   (4) The commissioner shall report to the board of directors when the commissioner has reasonable cause to believe that any member insurer examined at the request of the board of directors may be unable or potentially unable to fulfill its contractual obligations.   History: En. 40-5812 by Sec. 12, Ch. 245, L. 1974; R.C.M. 1947, 40-5812(part); amd. Sec. 61, Ch. 596, L. 1993.
MT Code § 33-10-219 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 10. Insurance Guaranty Associations|Part 2. Life and Health Insurance Guaranty Associations|33-10-219. Repealed

  33-10-219. Repealed. Sec. 13, Ch. 27, L. 2011.   History: En. 40-5808 by Sec. 8, Ch. 245, L. 1974; R.C.M. 1947, 40-5808(1), (2); amd. Sec. 140, Ch. 575, L. 1981; amd. Sec. 4, Ch. 576, L. 1987; amd. Sec. 12, Ch. 195, L. 2003.
MT Code § 33-10-220 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 10. Insurance Guaranty Associations|Part 2. Life and Health Insurance Guaranty Associations|33-10-220. Repealed

  33-10-220. Repealed. Sec. 13, Ch. 27, L. 2011.   History: En. 40-5808 by Sec. 8, Ch. 245, L. 1974; R.C.M. 1947, 40-5808(3) thru (6); amd. Sec. 140, Ch. 575, L. 1981; amd. Sec. 5, Ch. 576, L. 1987; amd. Sec. 13, Ch. 195, L. 2003.
MT Code § 33-10-221 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 10. Insurance Guaranty Associations|Part 2. Life and Health Insurance Guaranty Associations|33-10-221. Nomination of liquidator by association -- notification given by liquidator

  33-10-221. Nomination of liquidator by association -- notification given by liquidator. (1) The association may recommend an individual to serve as a special deputy to act for the commissioner and under the commissioner's supervision in the liquidation, rehabilitation, or supervision of any member insurer.   (2) The liquidator, rehabilitator, or supervisor of any impaired or insolvent insurer may notify all interested persons of the effect of this part.   History: En. 40-5811, 40-5813 by Secs. 11, 13, Ch. 245, L. 1974; R.C.M. 1947, 40-5811(4), 40-5813; amd. Sec. 140, Ch. 575, L. 1981; amd. Sec. 14, Ch. 195, L. 2003.
MT Code § 33-10-222 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 10. Insurance Guaranty Associations|Part 2. Life and Health Insurance Guaranty Associations|33-10-222. Stay of proceedings -- reopening default judgments

  33-10-222. Stay of proceedings -- reopening default judgments. (1) All proceedings in which the insolvent insurer is a party in any court in this state must be stayed 180 days from the date an order of liquidation, rehabilitation, or supervision is final to permit proper legal action by the association on any matters germane to its powers or duties.   (2) As to a judgment under any decision, order, verdict, or finding based on default, the association may apply to have the judgment set aside by the same court that made the judgment and must be permitted to defend against the suit on the merits.   History: En. 40-5819 by Sec. 19, Ch. 245, L. 1974; R.C.M. 1947, 40-5819; amd. Sec. 140, Ch. 575, L. 1981; amd. Sec. 15, Ch. 195, L. 2003; amd. Sec. 7, Ch. 27, L. 2011.
MT Code § 33-10-223 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 10. Insurance Guaranty Associations|Part 2. Life and Health Insurance Guaranty Associations|33-10-223. Assignment by beneficiaries -- subrogation

  33-10-223. Assignment by beneficiaries -- subrogation. (1) Any person receiving benefits under this part must be considered to have assigned the person's rights under the covered policy or contract, pertaining to any causes of action against the person for losses resulting from or otherwise relating to the covered policy or contract, to the association to the extent of the benefits received because of this part whether the benefits are payments of contractual obligations or continuation of coverage or provision of substitute or alternative coverage. The association may require an assignment to it of the rights by any payee, policyowner or contract owner, beneficiary, insured, or annuitant as a condition precedent to the receipt of any rights or benefits conferred by this part upon the person. The association must be subrogated to these rights against the assets of any impaired or insolvent insurer.   (2) The subrogation rights of the association under this section have the same priority against the assets of the impaired or insolvent insurer as that possessed by the person entitled to receive benefits under this part.   (3) In addition to the rights detailed in this section, the association has all common-law rights of subrogation and any other equitable or legal remedy that would have been available to the impaired or insolvent insurer or owner, beneficiary, or payee of a policy or contract with respect to the policy or contract, including without limitation, in the case of a structured settlement annuity, any rights of the owner, beneficiary, or payee of the annuity, to the extent of benefits received pursuant to this part, against a person originally or by succession responsible for the losses arising from the personal injury relating to the annuity or payment for the annuity, except for any person responsible solely by reason of serving as an assignee with respect to a qualified assignment under section 130 of the Internal Revenue Code.   (4) If subsections (1) through (3) are invalid or ineffective with respect to any person or claim for any reason, the amount payable by the association with respect to the related covered obligations must be reduced by the amount realized by any other person with respect to the person or claim that is attributable to the policy or a portion of the policy covered by the association.   (5) If the association has provided benefits with respect to a covered obligation and a person recovers any amount to which the association has rights as described in this section, the person shall pay to the association the portion of the recovery attributable to the policy or a portion of the policy covered by the association.   History: En. 40-5808 by Sec. 8, Ch. 245, L. 1974; R.C.M. 1947, 40-5808(9); amd. Sec. 16, Ch. 195, L. 2003; amd. Sec. 8, Ch. 27, L. 2011.
MT Code § 33-10-225 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 10. Insurance Guaranty Associations|Part 2. Life and Health Insurance Guaranty Associations|33-10-225. Association as creditor -- use of assets

  33-10-225. Association as creditor -- use of assets. (1) For the purpose of carrying out its obligations under this part, the association is a creditor of the impaired or insolvent insurer to the extent of assets attributable to covered policies reduced by any amounts to which the association is entitled as subrogee pursuant to 33-10-223.   (2) All assets of the impaired or insolvent insurer attributable to covered policies must be used to continue all covered policies and pay all contractual obligations of the impaired or insolvent insurer as required by this part. Assets attributable to covered policies, as used in this section, is that proportion of the assets which the reserves that should have been established for such policies bear to the reserve that should have been established for all policies of insurance written by the impaired or insolvent insurer.   (3) As a creditor of the impaired or insolvent insurer, as established in this part and consistent with 33-2-1363, the association and other similar associations are entitled to receive a disbursement of assets out of the marshalled assets, from time to time as the assets become available to reimburse it, as a credit against contractual obligations under this part. If, within 120 days of the receivership court issuing a final determination of insolvency of an insurer, the liquidator has not made an application to the court for the approval of a proposal to disburse assets out of marshalled assets to guaranty associations having obligations because of the insolvency, then the association may make application to the receivership court for approval of its own proposal to disburse those assets.   History: En. 40-5814 by Sec. 14, Ch. 245, L. 1974; R.C.M. 1947, 40-5814(3); amd. Sec. 10, Ch. 27, L. 2011.
MT Code § 33-10-226 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 10. Insurance Guaranty Associations|Part 2. Life and Health Insurance Guaranty Associations|33-10-226. Distribution of ownership rights -- distribution to shareholders

  33-10-226. Distribution of ownership rights -- distribution to shareholders. (1) Prior to the termination of any liquidation, rehabilitation, or supervision proceeding, the court may take into consideration the contributions of the respective parties, including the association, the shareholders, and policyowners of the impaired or insolvent insurer and any other party with a bona fide interest, in making an equitable distribution of the ownership rights of the impaired or insolvent insurer. In the determination, consideration must be given to the welfare of the policyowners of the continuing or successor insurer.   (2) A distribution to stockholders, if any, of an impaired or insolvent insurer may not be made until and unless the association has fully recovered the total amount of valid claims of the association, with interest, for funds expended in carrying out its powers and duties under this part.   History: En. 40-5814 by Sec. 14, Ch. 245, L. 1974; R.C.M. 1947, 40-5814(4); amd. Sec. 140, Ch. 575, L. 1981; amd. Sec. 18, Ch. 195, L. 2003; amd. Sec. 11, Ch. 27, L. 2011.
MT Code § 33-10-228 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 10. Insurance Guaranty Associations|Part 2. Life and Health Insurance Guaranty Associations|33-10-228. Repealed

  33-10-228. Repealed. Sec. 13, Ch. 27, L. 2011.   History: En. 40-5811 by Sec. 11, Ch. 245, L. 1974; R.C.M. 1947, 40-5811(2), (3).
MT Code § 33-10-229 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 10. Insurance Guaranty Associations|Part 2. Life and Health Insurance Guaranty Associations|33-10-229. Repealed

  33-10-229. Repealed. Sec. 71, Ch. 596, L. 1993.   History: En. 40-5814 by Sec. 14, Ch. 245, L. 1974; R.C.M. 1947, 40-5814(6); amd. Sec. 18, Ch. 198, L. 1979.
MT Code § 33-10-230 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 10. Insurance Guaranty Associations|Part 2. Life and Health Insurance Guaranty Associations|33-10-230. Tax -- writeoffs of certificates of contribution

  33-10-230. Tax -- writeoffs of certificates of contribution. (1) Unless a longer period has been allowed by the commissioner, a member insurer shall at its option have the right to show a certificate of contribution for a Class B assessment only as an asset in the form approved by the commissioner pursuant to 33-10-227(9), at percentages of the original face amount approved by the commissioner, for calendar years as follows:   (a) 100% for calendar year of issuance;   (b) 80% for the first calendar year after year of issuance;   (c) 60% for second calendar year after year of issuance;   (d) 40% for third calendar year after year of issuance;   (e) 20% for fourth calendar year after year of issuance.   (2) The insurer may offset the amount written off by it in the calendar year under subsection (1) above against its premium tax liability to this state accrued with respect to business transacted in the calendar year.   (3) Any sums acquired by refund, pursuant to 33-10-227(7), from the association which have therefore been written off by contributing insurers and offset against premium taxes as provided in subsection (2) above and are not then needed for purposes of this part must be paid by the association to the commissioner and deposited by the commissioner with the state treasurer for credit to the general fund of this state.   History: En. 40-5817 by Sec. 17, Ch. 245, L. 1974; R.C.M. 1947, 40-5817; amd. Sec. 8, Ch. 576, L. 1987; amd. Sec. 70, Ch. 596, L. 1993.
MT Code § 33-10-231 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 10. Insurance Guaranty Associations|Part 2. Life and Health Insurance Guaranty Associations|33-10-231. through 33-10-234 reserved

  33-10-231 through 33-10-234 reserved.
MT Code § 33-10-236 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 10. Insurance Guaranty Associations|Part 2. Life and Health Insurance Guaranty Associations|33-10-236. Deposits paid to association

  33-10-236. Deposits paid to association. (1) A deposit in this state that is held pursuant to law or required by the commissioner to be held for the benefit of creditors, including policyowners, and that is not turned over to the liquidator upon entry of the final order of liquidation or upon entry of the order approving a rehabilitation plan of an insurer domiciled in this state or in a reciprocal state pursuant to 33-2-1381 must be promptly paid to the association.   (2) The association is entitled to retain a portion of any amount paid under this section equal to the percentage determined by dividing the aggregate amount of policyowner claims related to the insolvency for which the association has provided statutory benefits by the aggregate amount of all policyowner claims in this state related to the insolvency. The association shall remit to the domiciliary receiver the amount paid to the association and not retained under this section.   History: En. Sec. 2, Ch. 195, L. 2003.
MT Code § 33-11-101 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 11. Liability Risk Retention and Purchasing Groups|Part 1. General Provisions|33-11-101. Purpose

  33-11-101. Purpose. The purpose of this part is to regulate the formation and operation of risk retention groups and purchasing groups in this state formed pursuant to the provisions of the federal Liability Risk Retention Act of 1986 (15 U.S.C. 3901, et seq.).   History: En. Sec. 1, Ch. 249, L. 1987.
MT Code § 33-11-105 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 11. Liability Risk Retention and Purchasing Groups|Part 1. General Provisions|33-11-105. Compulsory associations

  33-11-105. Compulsory associations. (1) A risk retention group may not join or contribute financially to any insurance insolvency guaranty fund or similar mechanism in this state. In addition, a risk retention group or its insureds may not receive any benefit from any guaranty fund for claims arising out of the operations of the risk retention group.  (2) A risk retention group shall participate in this state's joint underwriting associations, mandatory liability pools, and similar mechanisms.   (3) When a purchasing group obtains insurance covering its members' risks from an insurer not authorized in this state or from a risk retention group, the risks, wherever resident or located, may not be covered by any insurance guaranty fund or similar mechanism in this state.   (4) When a purchasing group obtains insurance covering its members' risks from an authorized insurer, only risks resident or located in this state may be covered by the state guaranty fund, subject to Title 33, chapter 10, part 1.   History: En. Sec. 5, Ch. 249, L. 1987; amd. Sec. 56, Ch. 10, L. 1993; amd. Sec. 65, Ch. 596, L. 1993; amd. Sec. 21, Ch. 475, L. 2005; amd. Sec. 1, Ch. 21, L. 2021.
MT Code § 33-11-106 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 11. Liability Risk Retention and Purchasing Groups|Part 1. General Provisions|33-11-106. Repealed

  33-11-106. Repealed. Sec. 73, Ch. 227, L. 2001.   History: En. Sec. 6, Ch. 249, L. 1987.
MT Code § 33-11-107 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 11. Liability Risk Retention and Purchasing Groups|Part 1. General Provisions|33-11-107. Purchasing groups -- exemption from certain laws relating to group purchase of insurance

  33-11-107. Purchasing groups -- exemption from certain laws relating to group purchase of insurance. A purchasing group meeting the criteria established under the provisions of the federal Liability Risk Retention Act of 1986 (15 U.S.C. 3901, et seq.) is exempt from any law of this state relating to the formation of groups for the purchase of insurance, prohibition of group purchasing, or any law that would discriminate against a purchasing group or its members. In addition, an insurer is exempt from any law of this state that prohibits providing or offering to provide to a purchasing group or its members advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages, or other matters. A purchasing group is subject to all other applicable laws of this state.   History: En. Sec. 7, Ch. 249, L. 1987.