reglab/housing_qa huggingface dataset:
MT Code § 33-2-1703 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 17. Regulation of Reinsurance Intermediaries|33-2-1703. Books and records -- reinsurance intermediary-brokers

  33-2-1703. Books and records -- reinsurance intermediary-brokers. (1) For at least 10 years after expiration of each contract of reinsurance transacted by the reinsurance intermediary-broker, the reinsurance intermediary-broker shall keep a complete record for each transaction, showing:   (a) the type of contract, limits, underwriting restrictions, classes or risks, and territory;   (b) the period of coverage, including the effective and expiration dates, cancellation provisions, and notice required for cancellation;   (c) the reporting and settlement requirements of balances;   (d) the rate used to compute the reinsurance premium;   (e) the names and addresses of assuming reinsurers;   (f) the rates of all reinsurance commissions, including the commissions on any retrocessions handled by the reinsurance intermediary-broker;   (g) any related correspondence and memorandums;   (h) the proof of placement;   (i) the details regarding retrocessions handled by the reinsurance intermediary-broker, including the identity of the party making the retrocession and the percentage of each contract assumed or ceded;   (j) the financial records, including but not limited to premium and loss accounts; and   (k) when the reinsurance intermediary-broker procures a reinsurance contract on behalf of a licensed ceding insurer:   (i) directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or   (ii) if placed through a representative of the assuming reinsurer, other than an employee, written evidence that the reinsurer has delegated binding authority to the representative.   (2) The insurer has access to and may copy and audit all accounts and records maintained by the reinsurance intermediary-broker that are related to the insurer's business, in a form usable by the insurer.   History: En. Sec. 21, Ch. 596, L. 1993.
MT Code § 33-2-1704 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 17. Regulation of Reinsurance Intermediaries|33-2-1704. Duties of insurers utilizing the services of a reinsurance intermediary-broker

  33-2-1704. Duties of insurers utilizing the services of a reinsurance intermediary-broker. (1) An insurer may not engage the services of any person, firm, association, or corporation to act as a reinsurance intermediary-broker on its behalf unless the person is licensed as required by 33-2-1701.   (2) An insurer may not employ an individual who is employed by a reinsurance intermediary-broker with which it transacts business unless the reinsurance intermediary-broker is under common control with the insurer and is subject to the provisions of Title 33, chapter 2, part 11.   (3) The insurer shall annually obtain a copy of statements of the financial condition of each reinsurance intermediary-broker with which it transacts business.   History: En. Sec. 22, Ch. 596, L. 1993.
MT Code § 33-2-1706 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 17. Regulation of Reinsurance Intermediaries|33-2-1706. Prohibited acts

  33-2-1706. Prohibited acts. A reinsurance intermediary-manager may not:   (1) bind retrocessions on behalf of the reinsurer, except that the reinsurance intermediary-manager may bind facultative retrocessions pursuant to obligatory facultative agreements if the contract with the reinsurer contains reinsurance underwriting guidelines for retrocessions. The guidelines must include a list of reinsurers with which automatic agreements are in effect and, for each reinsurer, must include the coverages, amounts of percentages that may be reinsured, and commission schedules.   (2) commit the reinsurer to participate in reinsurance syndicates;   (3) appoint any producer without ensuring that the producer is licensed to transact the type of reinsurance for which the producer is appointed;   (4) without prior approval of the reinsurer, pay or commit the reinsurer to pay a claim, net of retrocessions, that exceeds the lesser of an amount specified by the reinsurer or 1% of the reinsurer's policyholder's surplus as of December 31 of the last complete calendar year;   (5) collect any payment from a party making a retrocession, or commit the reinsurer to any claim settlement with a party making a retrocession, without prior approval of the reinsurer. If prior approval is given, a report must be promptly forwarded to the reinsurer.   (6) jointly employ an individual who is employed by the reinsurer unless the reinsurance intermediary-manager is under common control with the reinsurer subject to Title 33, chapter 2, part 11;   (7) appoint a subreinsurance intermediary-manager.   History: En. Sec. 24, Ch. 596, L. 1993.
MT Code § 33-2-1707 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 17. Regulation of Reinsurance Intermediaries|33-2-1707. Duties of reinsurers using services of reinsurance intermediary-manager

  33-2-1707. Duties of reinsurers using services of reinsurance intermediary-manager. (1) A reinsurer may not engage the services of any person, firm, association, or corporation as a reinsurance intermediary-manager on its behalf unless the person is licensed as required by 33-2-1701.   (2) The reinsurer shall annually obtain a copy of statements of the financial condition of each reinsurance intermediary-manager that the reinsurer has engaged, prepared by an independent certified accountant, in a form acceptable to the commissioner.   (3) If a reinsurance intermediary-manager establishes loss reserves, the reinsurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the reinsurance intermediary-manager. The opinion is in addition to any other required loss reserve certification.   (4) Binding authority for all retrocessional contracts or participation in reinsurance syndicates must rest with an officer of the reinsurer who may not be affiliated with the reinsurance intermediary-manager.   (5) Within 30 days of termination of a contract with a reinsurance intermediary-manager, the reinsurer shall provide written notification of the termination to the commissioner.   (6) A reinsurer may not appoint to its board of directors any officer, director, employee, controlling shareholder, or subproducer of its reinsurance intermediary-manager. This subsection does not apply to relationships governed by Title 33, chapter 2, part 11, or, if applicable, 33-2-1701 through 33-2-1705.   History: En. Sec. 25, Ch. 596, L. 1993.
MT Code § 33-2-1708 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 17. Regulation of Reinsurance Intermediaries|33-2-1708. Examination authority

  33-2-1708. Examination authority. (1) A reinsurance intermediary is subject to examination by the commissioner. The commissioner must have access to all books, bank accounts, and records of the reinsurance intermediary in a form usable to the commissioner.   (2) A reinsurance intermediary-manager may be examined as if it were the reinsurer.   History: En. Sec. 26, Ch. 596, L. 1993.
MT Code § 33-2-1709 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 17. Regulation of Reinsurance Intermediaries|33-2-1709. Penalties and liabilities

  33-2-1709. Penalties and liabilities. (1) (a) A reinsurance intermediary, insurer, or reinsurer found by the commissioner, after a hearing conducted in accordance with Title 33, chapter 1, part 7, to be in violation of any provision of 33-2-1701 through 33-2-1708:   (i) shall, for each separate violation, pay a penalty in an amount not to exceed $5,000; and   (ii) is subject to revocation or suspension of its license.   (b) If a violation was committed by the reinsurance intermediary, the reinsurance intermediary shall make restitution to the insurer, reinsurer, rehabilitator, or liquidator of the insurer or reinsurer for the net losses incurred by the insurer or reinsurer attributable to the violation.   (2) The order of the commissioner pursuant to subsection (1) is subject to judicial review pursuant to Title 33, chapter 1, part 7.   (3) This section does not limit the authority of the commissioner to impose any other penalties provided in the insurance law.   (4) Sections 33-2-1701 through 33-2-1708 do not limit or restrict the rights of policyholders, claimants, creditors, or other third parties or confer any rights upon those persons.   History: En. Sec. 27, Ch. 596, L. 1993.
MT Code § 33-2-1901 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 19. Risk-Based Capital for Insurers|33-2-1901. Short title

  33-2-1901. Short title. This part constitutes and may be referred to as "The Risk-Based Capital for Insurers Act".   History: En. Sec. 82, Ch. 379, L. 1995.
MT Code § 33-2-1906 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 19. Risk-Based Capital for Insurers|33-2-1906. Authorized control level event

  33-2-1906. Authorized control level event. (1) "Authorized control level event" means any of the following events:   (a) the filing of an RBC report by the insurer that indicates that the insurer's total adjusted capital is greater than or equal to its mandatory control level RBC but less than its authorized control level RBC;   (b) the notification by the commissioner to the insurer of an adjusted RBC report that indicates the event in subsection (1)(a) if the insurer does not challenge the adjusted RBC report under 33-2-1908 or the commissioner rejects the insurer's challenge;   (c) the failure of the insurer to respond, in a manner satisfactory to the commissioner, to a corrective order if the insurer has not challenged the corrective order under 33-2-1908; or   (d) if the insurer has challenged a corrective order under 33-2-1908 and the commissioner has, after a hearing, rejected the challenge or modified the corrective order, the failure of the insurer to respond, in a manner satisfactory to the commissioner, to the corrective order subsequent to rejection or modification by the commissioner.   (2) In the event of an authorized control level event with respect to an insurer, the commissioner shall:   (a) take the actions required under 33-2-1905 regarding an insurer with respect to which a regulatory action level event has occurred; or   (b) if the commissioner considers it to be in the best interests of the policyholders and creditors of the insurer and of the public, take the actions necessary to cause the insurer to be placed under regulatory control under Title 33, chapter 2, part 13. In the event that the commissioner places the insurer under regulatory control, the authorized control level event must be considered sufficient grounds for the commissioner to take action under Title 33, chapter 2, part 13, and the commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in Title 33, chapter 2, part 13. In the event that the commissioner takes an action under this subsection pursuant to an adjusted RBC report, the insurer is entitled to the protections afforded to insurers under the provisions of 33-2-1321 through 33-2-1323 pertaining to summary proceedings.   History: En. Sec. 87, Ch. 379, L. 1995.
MT Code § 33-2-1907 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 19. Risk-Based Capital for Insurers|33-2-1907. Mandatory control level event

  33-2-1907. Mandatory control level event. (1) "Mandatory control level event" means any of the following events:   (a) the filing of an RBC report that indicates that the insurer's total adjusted capital is less than its mandatory control level RBC;   (b) notification by the commissioner to the insurer of an adjusted RBC report that indicates the event in subsection (1)(a) if the insurer does not challenge the adjusted RBC report under 33-2-1908 or the commissioner rejects the insurer's challenge.   (2) In the event of a mandatory control level event:   (a) with respect to a life or disability insurer or a health organization, the commissioner shall take the actions that are necessary to place the insurer under regulatory control under Title 33, chapter 2, part 13. In that event, the mandatory control level event must be considered sufficient grounds for the commissioner to take action under Title 33, chapter 2, part 13, and the commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in Title 33, chapter 2, part 13. If the commissioner takes an action pursuant to an adjusted RBC report, the insurer is entitled to the protections of 33-2-1321 through 33-2-1323 pertaining to summary proceedings. Notwithstanding any of the foregoing, the commissioner may forego action for up to 90 days after the mandatory control level event if the commissioner finds that there is a reasonable expectation that the mandatory control level event may be eliminated within the 90-day period.   (b) with respect to a property and casualty insurer, the commissioner shall take the actions necessary to place the insurer under regulatory control under Title 33, chapter 2, part 13, or, in the case of an insurer that is not writing business and that is running-off its existing business, may allow the insurer to continue its runoff under the supervision of the commissioner. In either event, the mandatory control level event must be considered sufficient grounds for the commissioner to take action under Title 33, chapter 2, part 13, and the commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in Title 33, chapter 2, part 13. If the commissioner takes an action pursuant to an adjusted RBC report, the insurer is entitled to the protections of 33-2-1321 through 33-2-1323 pertaining to summary proceedings. Notwithstanding any of the foregoing, the commissioner may forego action for up to 90 days after the mandatory control level event if the commissioner finds there is a reasonable expectation that the mandatory control level event may be eliminated within the 90-day period.   History: En. Sec. 88, Ch. 379, L. 1995; amd. Sec. 20, Ch. 9, L. 2017.
MT Code § 33-2-1908 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 19. Risk-Based Capital for Insurers|33-2-1908. Notification and hearing

  33-2-1908. Notification and hearing. (1) An insurer has the right to a hearing before the department upon notification by the commissioner:   (a) of an adjusted RBC report or unsatisfactory RBC plan or revised RBC plan that constitutes a regulatory action level event with respect to the insurer;   (b) that the insurer has failed to adhere to its RBC plan or revised RBC plan and that the failure has a substantial adverse effect on the ability of the insurer to eliminate the company action level event with respect to the insurer in accordance with its RBC plan or revised RBC plan; or   (c) of a corrective order with respect to the insurer.   (2) The insurer shall notify the commissioner of its request for a hearing within 5 days after the notification by the commissioner under subsection (1). Upon receipt of the insurer's request for a hearing, the commissioner shall set a date for the hearing, which may not be less than 10 or more than 30 days after the date of the insurer's request.   History: En. Sec. 89, Ch. 379, L. 1995.
MT Code § 33-2-1910 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 19. Risk-Based Capital for Insurers|33-2-1910. Supplemental provisions -- rules -- exemption

  33-2-1910. Supplemental provisions -- rules -- exemption. (1) The provisions of this part are supplemental to any other provisions of the laws of this state and do not preclude or limit any other powers or duties of the commissioner under the law, including but not limited to Title 33, chapter 2, part 13.   (2) The commissioner may adopt reasonable rules necessary for the implementation of this part.   (3) The commissioner may exempt from the application of this part any domestic property and casualty insurer that:   (a) writes direct business only in this state;   (b) writes direct annual premiums of $2 million or less; and   (c) does not assume reinsurance in excess of 5% of direct premium written.   (4) The commissioner may exempt from the application of this part any domestic health organization that:   (a) writes direct business only in this state;   (b) assumes no reinsurance in excess of 5% of direct premium written;   (c) writes direct annual premiums for comprehensive medical business of $1 million or less; and   (d) is a limited health service organization that covers fewer than 1,000 lives.   History: En. Sec. 91, Ch. 379, L. 1995; amd. Sec. 21, Ch. 9, L. 2017.
MT Code § 33-2-1911 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 19. Risk-Based Capital for Insurers|33-2-1911. Foreign insurers

  33-2-1911. Foreign insurers. (1) A foreign insurer shall, upon the written request of the commissioner, submit to the commissioner an RBC report for the previous calendar year on the later of:   (a) the date that an RBC report would be required to be filed by a domestic insurer under 33-2-1903; or   (b) 15 days after the request is received by the foreign insurer.   (2) A foreign insurer shall, at the written request of the commissioner, promptly submit to the commissioner a copy of any RBC plan that is filed with the insurance commissioner of any other state.   (3) In the event of a company action level event, regulatory action level event, or authorized control level event, with respect to any foreign insurer as determined under the RBC statute applicable in the state of domicile of the insurer or, if an RBC statute is not in force in that state, under the provisions of this part, if the insurance commissioner of the state of domicile of the foreign insurer fails to require the foreign insurer to file an RBC plan in the manner specified under that state's RBC statute or, if an RBC statute is not in force in that state, under 33-2-1904, the commissioner may require the foreign insurer to file an RBC plan with the commissioner. In that event, the failure of the foreign insurer to file an RBC plan with the commissioner is grounds to order the insurer to cease and desist from writing new insurance business in this state.   (4) In the event of a mandatory control level event with respect to any foreign insurer, if a domiciliary receiver has not been appointed with respect to the foreign insurer under the rehabilitation and liquidation statute applicable in the state of domicile of the foreign insurer, the commissioner may make application to a district court of this state permitted under 33-2-1380 with respect to the liquidation of property of foreign insurers found in this state, and the occurrence of the mandatory control level event must be considered adequate grounds for the application.   History: En. Sec. 92, Ch. 379, L. 1995.
MT Code § 33-2-1912 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 19. Risk-Based Capital for Insurers|33-2-1912. Repealed

  33-2-1912. Repealed. Sec. 35, Ch. 63, L. 2015.   History: En. Sec. 93, Ch. 379, L. 1995.
MT Code § 33-2-1913 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 19. Risk-Based Capital for Insurers|33-2-1913. Notices

  33-2-1913. Notices. All notices by the commissioner to an insurer that may result in regulatory action are effective on dispatch if transmitted by certified mail or, in the case of any other transmission, are effective on the insurer's receipt of the notice.   History: En. Sec. 94, Ch. 379, L. 1995.
MT Code § 33-2-2001 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 20. Pharmacy Audit Integrity Act|33-2-2001. Short title

  33-2-2001. Short title. This part may be cited as the "Pharmacy Audit Integrity Act".   History: En. Sec. 1, Ch. 114, L. 2013.
MT Code § 33-2-2002 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 20. Pharmacy Audit Integrity Act|33-2-2002. Definitions

  33-2-2002. Definitions. As used in this part, the following definitions apply:   (1) "Audit" means a review of the records of a pharmacy by or on behalf of an entity that finances or reimburses the cost of health care services or pharmaceutical products.   (2) "Entity" includes:   (a) a pharmacy benefits manager;   (b) a health benefit plan;   (c) a third-party administrator; and   (d) a company, group, or agent that represents or is engaged by one of the entities described in this subsection (2).   (3) "Fraud" means an intentional act of deception, misrepresentation, or concealment in order to gain something of value.   (4) "Health benefit plan" means a policy or certificate that provides health care insurance or major medical expense insurance or that is offered as a substitute for hospital or medical expense insurance. The term does not include a policy or certificate that provides benefits solely for accident, dental, vision, income replacement, long-term care, a medicare supplement, a specified disease, or a short-term limited duration or that is offered and marketed as supplemental health insurance.   History: En. Sec. 2, Ch. 114, L. 2013.
MT Code § 33-2-2003 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 20. Pharmacy Audit Integrity Act|33-2-2003. Applicability

  33-2-2003. Applicability. (1) Except as provided in subsection (2), this part applies to an audit of the records of a pharmacy licensed under Title 37, chapter 7.   (2) This part does not apply to an audit of pharmacy records when fraud or other intentional and willful misrepresentation is evidenced by the review of claims data, statements, physical review, or other investigative methods.   History: En. Sec. 3, Ch. 114, L. 2013.