reglab/housing_qa huggingface dataset:
MT Code § 33-25-301 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 25. Montana Title Insurance Act|Part 3. Regulation by Commissioner of Insurance|33-25-301. Refusal, suspension, or revocation of title insurance producer's license

  33-25-301. Refusal, suspension, or revocation of title insurance producer's license. (1) In addition to the causes provided in 33-17-1001, the commissioner may refuse to license an applicant or renew the license of a person as a title insurance producer or may suspend or revoke a title insurance producer's license or may fine a title insurance producer or applicant, after notice and opportunity for a hearing, if the commissioner finds that the license applicant or licensee has:   (a) made a material misstatement in an application for a title insurance producer license;   (b) commingled funds belonging to applicants, escrow participants, or others;   (c) intentionally misrepresented the terms of a title insurance policy to an applicant or policyholder or has misrepresented material facts to, concealed material facts from, or made false statements to a party to an escrow, settlement, or closing transaction;   (d) in conducting affairs as a title insurance producer, used coercive practices or demonstrated financial irresponsibility;   (e) aided, abetted, or assisted another person in violating the provisions of this title or a rule adopted by the commissioner.   (2) The commissioner may impose any other appropriate penalty provided for in this title.   (3) The commissioner may refuse, suspend, or revoke the license of a person licensed as a title insurance producer for the actions described in subsection (1) committed by any individual designated in the license.   History: En. Sec. 10, Ch. 519, L. 1985; amd. Sec. 63, Ch. 713, L. 1989; amd. Sec. 62, Ch. 227, L. 2001.
MT Code § 33-25-302 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 25. Montana Title Insurance Act|Part 3. Regulation by Commissioner of Insurance|33-25-302. Disapproval of agency contracts

  33-25-302. Disapproval of agency contracts. (1) The commissioner may disapprove a title agency contract between a title insurance producer and title insurer, upon appropriate notice to the parties to the contract, if the commissioner finds that the contract, together with all amendments and related documents:   (a) does not provide for adequate monitoring of the insurance producer's financial transactions; or   (b) provides for inadequate, unreasonable, or excessive amounts to be paid to or retained by the title insurance producer. Factors the commissioner may consider in this determination include but are not limited to the insurance producer's duties under the contract and the general level of amounts paid to or retained by other title insurance producers in the state performing or assuming comparable duties.   (2) A person may not act as a title insurance producer under an agency contract that has been disapproved by the commissioner.   History: En. Sec. 8, Ch. 519, L. 1985; amd. Sec. 64, Ch. 713, L. 1989; amd. Sec. 1238, Ch. 56, L. 2009.
MT Code § 33-25-401 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 25. Montana Title Insurance Act|Part 4. Prohibited Practices -- Penalties|33-25-401. Prohibited practices -- referrals -- splitting charges -- exemptions

  33-25-401. Prohibited practices -- referrals -- splitting charges -- exemptions. (1) Except as provided in subsection (2), a person may not:   (a) give or accept a fee, rebate, or thing of value pursuant to an agreement or understanding that title insurance business will be referred to a title insurance producer; or   (b) give or accept a portion, split, or percentage of a charge made or received for title insurance business in connection with a transaction involving real property in this state, other than for services actually performed.   (2) (a) A person may pay a return on an investment, based on a percentage of an ownership interest in a title insurance agency, if:   (i) at or prior to the time of a referral, a disclosure of the existence of the arrangement is made to the person being referred and, in connection with the referral, the person is provided a written estimate of the charge or range of charges generally made by the title insurance producer to which the person is referred; and   (ii) the person is not required to use a particular insurance producer.   (b) The following arrangements are not a violation of subsection (2)(a)(ii):   (i) an arrangement that requires a buyer, borrower, or seller to pay for the services of an attorney, credit reporting agency, or real estate appraiser chosen by a lender to represent the lender's interest in a real estate transaction; or   (ii) an arrangement by which an attorney or law firm represents a client in a real estate transaction and issues or arranges for the issuance of a policy of title insurance in the transaction directly as insurance producer or through a separate corporate title insurance agency that may be established by that attorney or law firm and operated as an adjunct to the attorney's or firm's law practice.   (c) Failure to disclose a controlled business relationship is not a violation of subsection (2)(a)(i) if the failure was not intentional and resulted from a bona fide error, proven by a preponderance of the evidence.   (3) This section does not prohibit:   (a) the payment of a fee to an attorney for services actually rendered or by a title insurance producer for services actually performed in the issuance of a title insurance policy; or   (b) payment of a bona fide salary, compensation, or other payment for goods or facilities actually furnished or for services actually performed.   History: En. Sec. 12, Ch. 519, L. 1985; amd. Sec. 65, Ch. 713, L. 1989; amd. Sec. 1239, Ch. 56, L. 2009.
MT Code § 33-25-402 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 25. Montana Title Insurance Act|Part 4. Prohibited Practices -- Penalties|33-25-402. Prohibited practices -- penalties -- treble damages, court costs, and attorney fees -- injunction

  33-25-402. Prohibited practices -- penalties -- treble damages, court costs, and attorney fees -- injunction. (1) A person found to have violated the provisions of 33-25-401 is jointly and severally liable to the person charged for the title insurance business involved in the violation for an amount equal to three times the amount of the charge paid for the business.   (2) In a civil action based on 33-25-401 and this section, the court may award to the prevailing party court costs plus reasonable attorney fees.   (3) The commissioner may bring a civil action to enjoin a violation of 33-25-401.   History: En. Sec. 13, Ch. 519, L. 1985.
MT Code § 33-25-403 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 25. Montana Title Insurance Act|Part 4. Prohibited Practices -- Penalties|33-25-403. Prohibited practices -- producer and associates -- prohibition of favored insurance producer or insurer

  33-25-403. Prohibited practices -- producer and associates -- prohibition of favored insurance producer or insurer. A producer or associate may not, directly or indirectly, require as a condition, agreement, or understanding of providing another person a loan, loan extension, credit, sale, property, contract, lease, or service that the other person obtain title insurance of any kind from a particular title insurer or title insurance producer. A title insurer or title insurance producer may not knowingly participate in a plan or transaction prohibited by this section.   History: En. Sec. 14, Ch. 519, L. 1985; amd. Sec. 66, Ch. 713, L. 1989.
MT Code § 33-26-101 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 26. Suretyship|Part 1. Surety Insurance|33-26-101. Corporations as sureties

  33-26-101. Corporations as sureties. (1) In all cases where an undertaking or bond, with any number of sureties, is authorized or required by any law of this state, any corporation with a paid-up capital of not less than $100,000, incorporated under the laws of this state for the purpose of making, guaranteeing, or becoming a surety upon bonds or undertakings required or authorized by law, may become and must be accepted as security or as a sole and sufficient security upon the undertaking or bond, and the corporate surety must be subject to all liabilities and entitled to all the rights of natural persons as sureties.   (2) Whenever the liabilities of any corporation described in subsection (1) exceed its assets, the state auditor shall require the deficiency to be paid up in 60 days, and if it is not paid up, then the state auditor shall issue a certificate showing the extent of the deficiency and shall publish the certificate once a week for 3 weeks in a daily paper published in the town or city in which the principal office of the corporation is located, and until the deficiency is paid up, the company may not be accepted as a surety on any undertaking or bond. In estimating the condition of a company, the state auditor shall allow as assets only assets that are allowed under existing laws at the time and shall charge as liabilities, in addition to 80% of the capital stock, all outstanding indebtedness of the company and the premium reserved equal to 50% of the premiums charged by the company on all risks then in force.   History: Ap. p. Sec. 1, p. 70, L. 1893; re-en. Sec. 1900, C. Civ. Proc. 1895; re-en. Sec. 7193, Rev. C. 1907; re-en. Sec. 9826, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1056; re-en. Sec. 9826, R.C.M. 1935; Sec. 93-8711, R.C.M. 1947; Ap. p. Sec. 2, p. 70, L. 1893; re-en. Sec. 1901, C. Civ. Proc. 1895; re-en. Sec. 7195, Rev. C. 1907; re-en. Sec. 9827, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1057; re-en. Sec. 9827, R.C.M. 1935; Sec. 93-8712, R.C.M. 1947; R.C.M. 1947, 93-8711, 93-8712(part); amd. Sec. 1240, Ch. 56, L. 2009.
MT Code § 33-26-102 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 26. Suretyship|Part 1. Surety Insurance|33-26-102. Requisites of undertakings or bonds of individuals

  33-26-102. Requisites of undertakings or bonds of individuals. In all cases where an undertaking or bond or undertaking with sureties is authorized or required by any law of this state, the officer taking the same must, except in the case of corporations as mentioned in 33-26-101, require the sureties to accompany it with an affidavit that they are each responsible and are residents and householders or freeholders within the state and are each worth the sum specified in the undertaking or bond, over and above all their just debts and liabilities, exclusive of property exempt from execution. When the amount specified in the undertaking or bond exceeds $3,000 and there are more than two sureties thereon, they may state in their affidavits that they are severally worth amounts less than the amount specified in the undertaking or bond if the whole amount be equivalent to that of two sufficient sureties.   History: Ap. p. Sec. 433, p. 131, Bannack Stat.; re-en. Sec. 593, p. 157, Cod. Stat. 1871; re-en. Sec. 523, p. 177, L. 1877; re-en. Sec. 523, 1st Div. Rev. Stat. 1879; re-en. Sec. 540, 1st Div. Comp. Stat. 1887; en. Sec. 1899, C. Civ. Proc. 1895; re-en. Sec. 7192, Rev. C. 1907; re-en. Sec. 9825, R.C.M. 1921; re-en. Sec. 9825, R.C.M. 1935; Sec. 93-8710, R.C.M. 1947; Ap. p. Sec. 2, p. 70, L. 1893; re-en. Sec. 1901, C. Civ. Proc. 1895; re-en. Sec. 7195, Rev. C. 1907; re-en. Sec. 9827, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1057; re-en. Sec. 9827, R.C.M. 1935; Sec. 93-8712, R.C.M. 1947; R.C.M. 1947, 93-8710, 93-8712(part).
MT Code § 33-26-103 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 26. Suretyship|Part 1. Surety Insurance|33-26-103. Rights of surety insurer to give bond

  33-26-103. Rights of surety insurer to give bond. A surety insurer authorized as such under this code shall have the power to become the surety on bonds and undertakings required by law, subject to all the rights and liabilities of private persons. This section shall not be deemed to limit in any way the powers, obligations, and liabilities of such insurers as provided for in other provisions of this code.   History: En. Sec. 412, Ch. 286, L. 1959; R.C.M. 1947, 40-4501.
MT Code § 33-26-104 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 26. Suretyship|Part 1. Surety Insurance|33-26-104. Surety insurers as sole surety on official bonds -- release

  33-26-104. Surety insurers as sole surety on official bonds -- release. (1) Whenever any bond, undertaking, recognizance, or other obligation is by law or the charter, ordinance, or rules of any municipality, board, body, organization or public officer required or permitted to be made, given, tendered, or filed, with surety or sureties, and whenever the performance of any act, duty, or obligation or the refraining from any act is required or permitted to be guaranteed, such bond, undertaking, obligation, recognizance, or guaranty may be executed by a surety insurer qualified to act as surety or guarantor as in this code provided. Such execution by such insurer of such bond, undertaking, obligation, recognizance, or guaranty shall be in all respects a full and complete compliance with every requirement of the law, charter, ordinance, or rule that such bond, undertaking, obligation, recognizance, or guaranty shall be executed by one surety or by one or more sureties or that such surety shall be a resident or householder or freeholder, or either or both, or possessed of any other qualifications. All courts, judges, heads of departments, boards, bodies, municipalities, and public officers of every character shall accept and treat accordingly such bond, undertaking, obligation, recognizance, or guaranty when so executed by such insurer, as conforming to and fully and completely complying with every such requirement of every such law, charter, ordinance, or rule.   (2) A surety insurer may be released from its liability on a bond referred to in this section upon the same terms and conditions as are by law prescribed for the release of individual sureties.   History: En. Secs. 413, 414, Ch. 286, L. 1959; R.C.M. 1947, 40-4502, 40-4503.
MT Code § 33-26-105 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 26. Suretyship|Part 1. Surety Insurance|33-26-105. Surety companies not permitted to furnish bonds where indemnity required

  33-26-105. Surety companies not permitted to furnish bonds where indemnity required. No foreign or other surety company shall be permitted to furnish the bond for any state, county, or city official, where such company requires in addition to the payment of reasonable premiums any indemnity or other security.   History: En. Sec. 1, Ch. 6, L. 1911; re-en. Sec. 6234, R.C.M. 1921; re-en. Sec. 6234, R.C.M. 1935; R.C.M. 1947, 40-1725.
MT Code § 33-26-106 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 26. Suretyship|Part 1. Surety Insurance|33-26-106. Cost of surety bond to be allowed in account of officer

  33-26-106. Cost of surety bond to be allowed in account of officer. Any court or officer whose duty it is to pass upon the account of any person or corporation required by law to give a bond may, whenever such person or corporation has given any such surety company as surety upon such bond, allow in the settlement of such account a reasonable sum for the expense of procuring such surety.   History: En. Sec. 23, Ch. 139, L. 1909; re-en. Sec. 6228, R.C.M. 1921; re-en. Sec. 6228, R.C.M. 1935; R.C.M. 1947, 40-1724.
MT Code § 33-26-107 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 26. Suretyship|Part 1. Surety Insurance|33-26-107. Deposit of money in bank for safekeeping by executors and other fiduciaries on agreement with surety

  33-26-107. Deposit of money in bank for safekeeping by executors and other fiduciaries on agreement with surety. It is lawful for any executor, administrator, guardian, receiver, trustee, or other party of whom a bond, undertaking, or other obligation is required to agree with the entity's surety or sureties for the deposit of any or all money and assets for which the entity and the surety or sureties are or may be held responsible with a bank, savings bank, safe-deposit, or trust company, authorized by law to do business, or with another depository approved by the court or a judge, if the deposit is otherwise proper, for safekeeping, and in a manner that prevents the withdrawal of the money or assets or any part of the money or assets without the written consent of the surety or sureties or an order of court or a judge made on notice to the surety or sureties that the court or judge may direct. The agreement may not in any manner release from or change the liability of the principal or sureties as established by the terms of the bond.   History: En. Sec. 1, Ch. 146, L. 1943; R.C.M. 1947, 40-1703; amd. Sec. 1241, Ch. 56, L. 2009.
MT Code § 33-26-108 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 26. Suretyship|Part 1. Surety Insurance|33-26-108. Rulemaking authority for surety insurers

  33-26-108. Rulemaking authority for surety insurers. The commissioner may adopt rules regarding surety insurers who sell, solicit, or negotiate commercial bail bonds. The rules must include but are not limited to rules regarding the receipt of collateral, the description of collateral received, the penalty for failure to return collateral, and an annual list of forfeitures of bonds.   History: En. Sec. 4, Ch. 427, L. 2003.
MT Code § 33-27-101 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 27. Independent Liability Fund|Part 1. General Provisions|33-27-101. Short title

  33-27-101. (Temporary) Short title. Sections 15-30-2118, 15-30-2141, 15-31-117, 15-31-118, and this chapter may be cited as the "Independent Liability Fund Act".  33-27-101. (Effective January 1, 2024) Short title. Sections 15-30-2118, 15-31-117, 15-31-118, and this chapter may be cited as the "Independent Liability Fund Act".  History: En. Sec. 1, Ch. 564, L. 1987; amd. Sec. 50, Ch. 503, L. 2021.
MT Code § 33-27-102 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 27. Independent Liability Fund|Part 1. General Provisions|33-27-102. Purpose

  33-27-102. (Temporary) Purpose. The purpose of 15-30-2118, 15-30-2141, 15-31-117, 15-31-118, and this chapter is to create a means by which small businesses operating in Montana may establish independent liability funds to set aside assets or make investments to meet any liability claims that might be made against the small businesses by third parties.  33-27-102. (Effective January 1, 2024) Purpose. The purpose of 15-30-2118, 15-31-117, 15-31-118, and this chapter is to create a means by which small businesses operating in Montana may establish independent liability funds to set aside assets or make investments to meet any liability claims that might be made against the small businesses by third parties.  History: En. Sec. 2, Ch. 564, L. 1987; amd. Sec. 51, Ch. 503, L. 2021.
MT Code § 33-27-103 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 27. Independent Liability Fund|Part 1. General Provisions|33-27-103. Definitions

  33-27-103. (Temporary) Definitions. As used in 15-30-2118, 15-30-2141, 15-31-117, 15-31-118, and this chapter, the following definitions apply:  (1) "Fiscal year" means the 12-month period used by a particular small business in preparing and filing its Montana individual income tax, corporate income tax, or alternative corporate income tax return.   (2) "Independent liability fund" means a collection of money, assets, and investments that has been set aside by a small business to meet the needs of any liability claims, except workers' compensation claims, brought against it by third parties.   (3) "Liability claim" means any legal or extralegal action by a third party asserting a right to compensation for a wrong done to it by a small business with an independent liability fund.   (4) "Small business" means any commercial or nonprofit enterprise qualified to do business in the state and qualified as a small business under the criteria established by the federal small business administration on April 20, 1987.   (5) "Third party" means a person other than an employee or the management of a small business or of a subsidiary or closely related enterprise of a small business.   33-27-103. (Effective January 1, 2024) Definitions. As used in 15-30-2118, 15-31-117, 15-31-118, and this chapter, the following definitions apply:  (1) "Fiscal year" means the 12-month period used by a particular small business in preparing and filing its Montana individual income tax, corporate income tax, or alternative corporate income tax return.   (2) "Independent liability fund" means a collection of money, assets, and investments that has been set aside by a small business to meet the needs of any liability claims, except workers' compensation claims, brought against it by third parties.   (3) "Liability claim" means any legal or extralegal action by a third party asserting a right to compensation for a wrong done to it by a small business with an independent liability fund.   (4) "Small business" means any commercial or nonprofit enterprise qualified to do business in the state and qualified as a small business under the criteria established by the federal small business administration on April 20, 1987.   (5) "Third party" means a person other than an employee or the management of a small business or of a subsidiary or closely related enterprise of a small business.   History: En. Sec. 3, Ch. 564, L. 1987; amd. Sec. 36, Ch. 268, L. 2013; amd. Sec. 52, Ch. 503, L. 2021.
MT Code § 33-27-104 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 27. Independent Liability Fund|Part 1. General Provisions|33-27-104. Rules

  33-27-104. Rules. (1) The commissioner has authority to implement this chapter and to make any rules and regulations required to carry out the purposes of this chapter.   (2) The commissioner shall by rule establish criteria for ascertaining the inviolability and health of each independent liability fund and shall initiate sanctions against funds that are not secure or viable.   History: En. Sec. 19, Ch. 564, L. 1987.
MT Code § 33-27-105 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 27. Independent Liability Fund|Part 1. General Provisions|33-27-105. through 33-27-110 reserved

  33-27-105 through 33-27-110 reserved.
MT Code § 33-27-111 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 27. Independent Liability Fund|Part 1. General Provisions|33-27-111. Right to establish independent liability fund

  33-27-111. Right to establish independent liability fund. A small business operating in the state may establish an independent liability fund to provide for defense, settlement, or payment of any liability claims against it by a third party.   History: En. Sec. 4, Ch. 564, L. 1987.
MT Code § 33-27-112 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 27. Independent Liability Fund|Part 1. General Provisions|33-27-112. Establishment of independent liability fund

  33-27-112. Establishment of independent liability fund. A small business shall notify the commissioner, on a form supplied by the commissioner, of its intention to establish an independent liability fund. The small business shall fully and clearly designate the money, assets, or investments it is setting aside for its independent liability fund.   History: En. Sec. 5, Ch. 564, L. 1987.