reglab/housing_qa huggingface dataset:
MT Code § 33-17-601 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 6. Administrators|33-17-601. Repealed

  33-17-601. Repealed. Sec. 68, Ch. 713, L. 1989.   History: En. Sec. 1, Ch. 343, L. 1979; amd. Sec. 10, Ch. 409, L. 1987.
MT Code § 33-17-602 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 6. Administrators|33-17-602. Written agreement required

  33-17-602. Written agreement required. (1) A person may not act as an administrator without a written agreement between the person and the insurer. The written agreement must be retained as part of the official records of both the administrator and the insurer for the duration of the agreement and for 5 years thereafter. The written agreement must contain provisions that include the requirements of 33-17-612 through 33-17-617 insofar as these requirements relate to the functions performed by the administrator.   (2) The agreement must contain a provision with respect to the underwriting or other standards pertaining to the business underwritten by the insurer.   (3) Whenever a policy is issued to a trustee, a copy of the trust agreement and any amendments to it must be furnished to the insurer by the administrator and be retained as part of the official records of both the administrator and the insurer for the duration of the policy and for 5 years thereafter.   History: En. Sec. 2, Ch. 343, L. 1979; amd. Sec. 11, Ch. 409, L. 1987; amd. Sec. 44, Ch. 713, L. 1989.
MT Code § 33-17-603 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 6. Administrators|33-17-603. Certificate of registration

  33-17-603. Certificate of registration. (1) Except as provided in 33-17-604, a person may not act as or represent to the public that the person is an administrator in this state unless the person holds a certificate of registration as an administrator.   (2) An application for a certificate of registration must be accompanied by a fee of $100. The commissioner shall issue the certificate unless the commissioner finds that the applicant is not competent, trustworthy, financially responsible, or of good personal and business reputation or that the applicant has had a previous application for a license denied for cause within 5 years.   (3) A certificate of registration must be renewed each year by the administrator paying a continuation fee of $100 on or before July 1. Upon payment, the certificate continues in force unless suspended, revoked, or otherwise terminated. The commissioner shall deposit the fee with the state treasurer to be credited to the general fund.   (4) A certificate of registration may be suspended or revoked if, after notice and hearing, the commissioner finds that the administrator has violated any of the requirements of this part or that the administrator is not competent, trustworthy, financially responsible, or of good personal and business reputation.   (5) Unless a certification requirement is waived, a person who acts as an administrator without a certificate of registration is subject to a fine of not less than $500 or more than $1,500.   History: En. Sec. 12, Ch. 343, L. 1979; amd. Sec. 45, Ch. 713, L. 1989; amd. Sec. 8, Ch. 798, L. 1991; amd. Sec. 53, Ch. 379, L. 1995; amd. Sec. 148, Ch. 42, L. 1997.
MT Code § 33-17-604 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 6. Administrators|33-17-604. Waiver of certification requirements

  33-17-604. Waiver of certification requirements. The commissioner may waive the requirements of 33-17-603 for any person or class of persons. The factors taken into account in granting a waiver include but are not limited to:   (1) whether the person acting as an administrator is primarily in a business other than that of administrator;   (2) whether the financial strength and history of the organization indicates stability in its continuity of doing business;   (3) whether the regular duties being performed as an administrator are such that the covered persons are not likely to be injured by a waiver of the requirements.   History: En. Sec. 13, Ch. 343, L. 1979; amd. Sec. 46, Ch. 713, L. 1989.
MT Code § 33-17-605 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 6. Administrators|33-17-605. Repealed

  33-17-605. Repealed. Sec. 19, Ch. 409, L. 1987.   History: En. Sec. 10, Ch. 343, L. 1979.
MT Code § 33-17-606 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 6. Administrators|33-17-606. through 33-17-610 reserved

  33-17-606 through 33-17-610 reserved.
MT Code § 33-17-611 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 6. Administrators|33-17-611. Maintenance of information

  33-17-611. Maintenance of information. For the duration of the agreement required by 33-17-602 and for 5 years thereafter, each administrator shall maintain at its principal administrative office adequate books and records of all transactions between the administrator, insurers, and insured persons. These books and records must be maintained in accordance with prudent standards of insurance recordkeeping. The commissioner shall have access to these books and records for examination, audit, or inspection. Any trade secrets contained in the books and records, including but not limited to the identity and addresses of policyholders and certificate holders, are confidential, except that the commissioner may use the information in any proceedings instituted against the administrator. The insurer retains the right to continuing access to those books and records of the administrator sufficient to permit the insurer to fulfill all of its contractual obligations to insured persons, subject to any restrictions in the written agreement between the insurer and the administrator.   History: En. Sec. 3, Ch. 343, L. 1979; amd. Sec. 47, Ch. 713, L. 1989.
MT Code § 33-17-612 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 6. Administrators|33-17-612. Approval of advertising

  33-17-612. Approval of advertising. An administrator may use only such advertising pertaining to the business underwritten by an insurer as is approved by the insurer in advance of its use.   History: En. Sec. 4, Ch. 343, L. 1979.
MT Code § 33-17-613 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 6. Administrators|33-17-613. Collection of charges and premiums

  33-17-613. Collection of charges and premiums. (1) All insurance charges or premiums collected by an administrator on behalf of or for an insurer and return premiums received from the insurer are held by the administrator in a fiduciary capacity. These funds must be immediately remitted to the person entitled to them or must be deposited promptly in a fiduciary bank account established and maintained by the administrator. If deposited charges or premiums were collected on behalf of or for more than one insurer, the administrator shall require the bank in which the fiduciary account is maintained to keep records clearly recording the deposits in and withdrawals from the account on behalf of or for each insurer. The administrator shall promptly obtain and keep copies of all these records and, upon request of an insurer, shall furnish the insurer with copies of the records pertaining to deposits and withdrawals on behalf of or for the insurer.   (2) The administrator may not pay a claim by withdrawals from the fiduciary account. Withdrawals from the fiduciary account must be made, as provided in the written agreement between the administrator and the insurer, for:   (a) remittance to an insurer entitled to the remittance;   (b) deposit in an account maintained in the name of the insurer;   (c) transfer to and deposit in a claims paying account, with claims to be paid as provided in 33-17-615;   (d) payment to a group policyholder for remittance to the insurer entitled to the payment;   (e) payment to the administrator of its commission, fees, or charges; or   (f) remittance of return premiums to the person entitled to the premium.   History: En. Sec. 5, Ch. 343, L. 1979; amd. Sec. 48, Ch. 713, L. 1989.
MT Code § 33-17-614 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 6. Administrators|33-17-614. Treatment of payments

  33-17-614. Treatment of payments. Whenever an insurer utilizes the services of an administrator under the terms of a written contract as required in 33-17-602, the payment to the administrator of any premiums or charges for insurance by or on behalf of the insured is considered to be received by the insurer and the payment of return premiums or claims by the insurer to the administrator is not considered payment to the insured or claimant until the payments are received by the insured or claimant. This section does not limit any right of the insurer against the administrator resulting from the administrator's failure to make payments to the insurer, insureds, or claimants.   History: En. Sec. 6, Ch. 343, L. 1979.
MT Code § 33-17-615 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 6. Administrators|33-17-615. Payment of claims

  33-17-615. Payment of claims. All claims paid by the administrator from funds collected on behalf of the insurer shall be paid only on drafts of and as authorized by such insurer.   History: En. Sec. 7, Ch. 343, L. 1979.
MT Code § 33-17-616 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 6. Administrators|33-17-616. Delivery of documents

  33-17-616. Delivery of documents. Any policies, certificates, booklets, termination notices, or other written communications delivered by the insurer to the administrator for delivery to its policyholders shall be delivered by the administrator promptly after receipt of instructions from the insurer to do so.   History: En. Sec. 8, Ch. 343, L. 1979.
MT Code § 33-17-617 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 6. Administrators|33-17-617. Claim adjustment and settlement

  33-17-617. Claim adjustment and settlement. With respect to any policies where an administrator adjusts or settles claims, the compensation to the administrator with regard to the policies shall in no way be contingent on claim experience. This section does not prevent the compensation of an administrator from being based on premiums or charges collected or number of claims paid or processed.   History: En. Sec. 9, Ch. 343, L. 1979.
MT Code § 33-17-618 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 6. Administrators|33-17-618. Insured persons to be notified of availability of administrator

  33-17-618. Insured persons to be notified of availability of administrator. Whenever the services of an administrator are utilized, the administrator shall provide a written notice, approved by the insurer, to insured individuals, advising them of the identity of and relationship between the administrator, the policyholder, and the insurer. Whenever an administrator collects funds, the administrator shall identify and state, separately in writing, to the person paying to the administrator any charge or premium for insurance coverage the amount of such charge or premium specified by the insurer for the insurance coverage.   History: En. Sec. 11, Ch. 343, L. 1979.
MT Code § 33-17-1002 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 10. Revocation, Suspension, and Penalties|33-17-1002. Procedure following suspension or revocation

  33-17-1002. Procedure following suspension or revocation. (1) Upon suspension, revocation, or refusal of a license, the commissioner shall notify the licensee or applicant by mail addressed to the licensee or applicant at the last-known address contained in the records of the commissioner. Notice is effectuated when mailed.   (2) The commissioner may reissue a license that has lapsed if the licensee has paid the lapsed license reinstatement fee pursuant to 33-2-708 and has filed certification of completion of continuing education requirements for the preceding biennium within 1 year of the lapse occurring.   (3) The commissioner may not again issue a license under this code to a person whose license has been revoked until after expiration of 1 year and until the person again qualifies for a license in accordance with this code. If the commissioner revokes a person's license, the commissioner may refuse to issue a license to the person for up to 5 years after the revocation. A person whose license has been revoked twice is not again eligible for any license under this code.   (4) If the license of a business entity is suspended or revoked, a member, officer, or director of the business entity may not be licensed or be designated in a license to exercise the business entity's powers during the period of the suspension or revocation unless the commissioner determines upon substantial evidence that the member, officer, or director was not personally at fault and did not acquiesce in the matter on account of which the license was suspended or revoked.   History: En. Sec. 174, Ch. 286, L. 1959; R.C.M. 1947, 40-3330; amd. Sec. 13, Ch. 409, L. 1987; amd. Sec. 50, Ch. 713, L. 1989; amd. Sec. 21, Ch. 427, L. 2003; amd. Sec. 15, Ch. 271, L. 2009; amd. Sec. 8, Ch. 139, L. 2015.
MT Code § 33-17-1003 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 10. Revocation, Suspension, and Penalties|33-17-1003. Repealed

  33-17-1003. Repealed. Sec. 35, Ch. 63, L. 2015.   History: En. Sec. 175, Ch. 286, L. 1959; R.C.M. 1947, 40-3331; amd. Sec. 51, Ch. 713, L. 1989.
MT Code § 33-17-1004 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 10. Revocation, Suspension, and Penalties|33-17-1004. Acting without license

  33-17-1004. Acting without license. In addition to the requirements and penalties described in 33-17-201 and 33-17-411, a person who, in this state, acts without having authority to do so by virtue of a license issued and in force pursuant to this chapter is subject to the provisions of 33-1-317 and 33-1-318.   History: En. 40-3332 by Sec. 1, Ch. 256, L. 1967; R.C.M. 1947, 40-3332; amd. Sec. 22, Ch. 198, L. 1979; amd. Sec. 7, Ch. 395, L. 1983; amd. Sec. 14, Ch. 409, L. 1987; amd. Sec. 52, Ch. 713, L. 1989; amd. Sec. 6, Ch. 493, L. 2003; amd. Sec. 9, Ch. 139, L. 2015; amd. Sec. 26, Ch. 396, L. 2017.
MT Code § 33-17-1005 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 10. Revocation, Suspension, and Penalties|33-17-1005. Restrictions on acting as legal guardian of insured or policyholder

  33-17-1005. Restrictions on acting as legal guardian of insured or policyholder. (1) Except as otherwise approved by the commissioner or court order, an insurance producer may not act as a legal guardian of an insured or policyholder if the insurance producer conducts insurance business with the insured or policyholder when the insurance business includes but is not limited to the solicitation, offer, sale, or replacement of insurance or a contract.   (2) This section does not apply to immediate family members.   History: En. Sec. 1, Ch. 493, L. 2003.
MT Code § 33-17-1101 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 11. Conduct of Business by Insurance Producers|33-17-1101. Place of business -- display of license -- records

  33-17-1101. Place of business -- display of license -- records. (1) A resident insurance producer shall maintain a place or places of business in this state accessible to the public. A nonresident insurance producer may maintain a place or places of business in this state. An insurance producer's place or places of business must be a place in which transactions are conducted under the insurance producer's license. The address of the primary place of business must appear on the license. This section does not prohibit the maintenance of a place of business in a licensee's place of residence.   (2) The license or, if the insurance producer has more than one place of business, a copy of the license must be conspicuously displayed in a part of the place of business customarily open to the public.   (3) The insurance producer shall keep at a place of business complete records pertaining to transactions under the license for a period of at least 3 years after completion of the respective transactions, except that a title insurance producer, as defined in 33-25-105, shall retain records as provided in 33-25-214 and 33-25-216.   History: En. Sec. 167, Ch. 286, L. 1959; R.C.M. 1947, 40-3323; amd. Sec. 10, Ch. 345, L. 1979; amd. Sec. 20, Ch. 519, L. 1985; amd. Sec. 15, Ch. 409, L. 1987; amd. Sec. 53, Ch. 713, L. 1989; amd. Sec. 1, Ch. 261, L. 1997; amd. Sec. 16, Ch. 169, L. 2013.
MT Code § 33-17-1102 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 11. Conduct of Business by Insurance Producers|33-17-1102. Reporting and accounting for premiums -- misappropriation

  33-17-1102. Reporting and accounting for premiums -- misappropriation. (1) All insurance premiums or return premiums received by an insurance producer must be held in a separate trust account. The insurance producer shall at all times act in a fiduciary capacity and shall, in the applicable regular course of business, account for and pay the insurance premiums or return premiums the insurance producer receives to the insured, insurer, or insurance producer entitled to them. Except for a title insurance producer as defined in 33-25-105, an insurance producer may deposit and commingle in the same separate deposit all funds belonging to others so long as the amount of the deposit held for each respective person is reasonably ascertainable from the records and accounts of the licensee.   (2) Any insurance producer not lawfully entitled to the funds may not divert or appropriate the funds or any portion of the funds to the insurance producer's own use.   History: En. Sec. 168, Ch. 286, L. 1959; amd. Sec. 51, Ch. 359, L. 1977; R.C.M. 1947, 40-3324; amd. Sec. 21, Ch. 519, L. 1985; amd. Sec. 16, Ch. 409, L. 1987; amd. Sec. 54, Ch. 713, L. 1989; amd. Sec. 22, Ch. 380, L. 2003; amd. Sec. 27, Ch. 396, L. 2017.
MT Code § 33-17-1103 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 11. Conduct of Business by Insurance Producers|33-17-1103. Accepting and paying commissions, fees, or consideration

  33-17-1103. Accepting and paying commissions, fees, or consideration. (1) An insurer or insurance producer may not pay, directly or indirectly, a commission, service fee, brokerage fee, or other valuable consideration to a person for services as an insurance producer unless the person performing the service holds a valid license with regard to the kind or kinds of insurance for which the service was rendered at the time the service was performed. A person not properly licensed in accordance with this chapter at the time the person performs the service as an insurance producer may not accept a commission, service fee, brokerage fee, or other valuable consideration for the service. This section does not prevent payment or receipt of renewal or other deferred commissions to or by a person entitled to receive the payment under this section.   (2) An insurance producer may not directly or indirectly share the insurance producer's commissions or other compensation received or to be received by the insurance producer on account of a transaction under the insurance producer's license with any person not also licensed under this chapter as to the same kind or kinds of insurance involved in the transactions. This provision does not affect payment of the regular salaries due to employees of the licensee, the distribution in regular course of business of compensation and profits among members or stockholders if the licensee is a business entity, or use of funds for family or personal purposes.   (3) Surplus lines producers may share commissions with a property and casualty insurance producer pursuant to 33-2-306.   History: En. Sec. 169, Ch. 286, L. 1959; R.C.M. 1947, 40-3325; amd. Sec. 11, Ch. 345, L. 1979; amd. Sec. 17, Ch. 409, L. 1987; amd. Sec. 55, Ch. 713, L. 1989; amd. Sec. 46, Ch. 227, L. 2001; amd. Sec. 8, Ch. 399, L. 2007; amd. Sec. 16, Ch. 271, L. 2009.
MT Code § 33-17-1104 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 11. Conduct of Business by Insurance Producers|33-17-1104. Repealed

  33-17-1104. Repealed. Sec. 68, Ch. 713, L. 1989.   History: En. Sec. 170, Ch. 286, L. 1959; R.C.M. 1947, 40-3326; amd. Sec. 18, Ch. 409, L. 1987.
MT Code § 33-17-1105 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 11. Conduct of Business by Insurance Producers|33-17-1105. and 33-17-1106 reserved

  33-17-1105 and 33-17-1106 reserved.
MT Code § 33-17-1107 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 11. Conduct of Business by Insurance Producers|33-17-1107. Repealed

  33-17-1107. Repealed. Sec. 73, Ch. 227, L. 2001.   History: En. Sec. 1, Ch. 699, L. 1991.
MT Code § 33-17-1108 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 11. Conduct of Business by Insurance Producers|33-17-1108. through 33-17-1110 reserved

  33-17-1108 through 33-17-1110 reserved.
MT Code § 33-17-1111 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 11. Conduct of Business by Insurance Producers|33-17-1111. Repealed

  33-17-1111. Repealed. Sec. 73, Ch. 227, L. 2001.   History: En. Sec. 67, Ch. 286, L. 1959; amd. Sec. 1, Ch. 72, L. 1963; R.C.M. 1947, 40-2822; amd. Sec. 12, Ch. 345, L. 1979; amd. Sec. 2, Ch. 395, L. 1983; amd. Sec. 56, Ch. 713, L. 1989.
MT Code § 33-17-1112 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators|Part 11. Conduct of Business by Insurance Producers|33-17-1112. Repealed

  33-17-1112. Repealed. Sec. 73, Ch. 227, L. 2001.   History: En. Sec. 68, Ch. 286, L. 1959; R.C.M. 1947, 40-2823; amd. Sec. 57, Ch. 713, L. 1989.