reglab/housing_qa huggingface dataset:
MT Code § 33-16-102 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 1. General Provisions|33-16-102. Definitions

  33-16-102. Definitions. In this chapter, the following definitions apply:   (1) "Advisory organization" means each person, other than an admitted insurer, whether located within or outside this state, who prepares policy forms or makes underwriting rules incident to but not including the making of rates, rating plans, or rating systems or who collects and furnishes to admitted insurers or rating organizations loss or expense statistics or other statistical information and data and acts in an advisory, as distinguished from a ratemaking, capacity. A licensed attorney, acting in the usual course of the profession, may not be considered an advisory organization.   (2) "Dividend" means:   (a) a noncontractual and nonrecoverable payment or credit declared by an insurer's board of directors and paid out or credited out of earned surplus to policyholders, members, or subscribers; or   (b) in the absence of earned surplus, a noncontractual and nonrecoverable payment or credit declared by an insurer's board of directors and paid to policyholders, members, or subscribers with the written permission of the commissioner. The commissioner may grant permission only if the payment of the dividend or credit will not reduce the insurer's capital and surplus below an amount three times the minimum capital required under 33-2-109.   (3) "Member" means an insurer who participates in or is entitled to participate in the management of a rating, advisory, or other organization.   (4) "Rating organization" means each person, other than an admitted insurer, whether located within or outside this state, with the object or purpose of making rates, rating plans, or rating systems. Two or more admitted insurers who act in concert for the purpose of making rates, rating plans, or rating systems and who do not operate within the specific authorizations contained in 33-16-105, 33-16-302, 33-16-304, 33-16-305, and 33-16-307 must be considered a rating organization. A single insurer may not be considered a rating organization.   (5) "Subscriber" means an insurer who is furnished at its request with rates and rating manuals by a rating organization of which the insurer is not a member or with advisory services by an advisory organization of which it is not a member.   (6) "Willful" or "willfully", in relation to an act or omission that constitutes a violation of this chapter, means with actual knowledge or belief that the act or omission constitutes a violation and with specific intent to commit the violation.   History: En. Secs. 2, 3, 4, 5, Ch. 362, L. 1969; R.C.M. 1947, 40-3635, 40-3636, 40-3637, 40-3638; amd. Sec. 27, Ch. 472, L. 1999; amd. Sec. 42, Ch. 227, L. 2001.
MT Code § 33-16-103 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 1. General Provisions|33-16-103. Application

  33-16-103. Application. This chapter applies to all insurers and all kinds of insurance, except that nothing contained in this chapter applies to:   (1) life insurance;   (2) disability insurance, except medicare supplement insurance subject to the provisions of chapter 22, part 9;   (3) reinsurance, except joint reinsurance as provided in 33-16-307;   (4) insurance against loss of or damage to aircraft, their hulls, accessories, and equipment, or against liability, other than workers' compensation and employers' liability, arising out of the ownership, maintenance, or use of aircraft;   (5) insurance of vessels or craft, their cargoes, marine builders' risks, marine protection and indemnity, or other risks commonly insured under marine, as distinguished from inland marine, insurance policies; or   (6) surplus lines insurance as defined in 33-2-301.   History: En. Sec. 6, Ch. 362, L. 1969; amd. Sec. 1, Ch. 558, L. 1977; R.C.M. 1947, 40-3639; amd. Sec. 1, Ch. 126, L. 1981; amd. Sec. 1, Ch. 400, L. 1989; amd. Sec. 1, Ch. 682, L. 1989.
MT Code § 33-16-104 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 1. General Provisions|33-16-104. Payment of dividends, savings, or unabsorbed premium deposits not prohibited or regulated -- plan for payment not rating system

  33-16-104. Payment of dividends, savings, or unabsorbed premium deposits not prohibited or regulated -- plan for payment not rating system. Nothing in this chapter may be construed to prohibit or regulate the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers. A plan for the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers may not be considered a rating plan or system. A plan for the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers does not relieve the insurer from complying with any requirements of this chapter regarding rating plans or systems.   History: En. Sec. 33, Ch. 362, L. 1969; R.C.M. 1947, 40-3666; amd. Sec. 28, Ch. 472, L. 1999.
MT Code § 33-16-105 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 1. General Provisions|33-16-105. Maintenance of records

  33-16-105. Maintenance of records. Every insurer, rating organization, or advisory organization and every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance shall maintain reasonable records, of the type and kind reasonably adapted to its method of operation, of its experience or the experience of its members and of the data, statistics, or information collected or used by it in connection with the rates, rating plans, rating systems, underwriting rules, policy or bond forms, surveys or inspections made or used by it so that such records will be available at all reasonable times to enable the commissioner to determine whether such organization, insurer, group, or association and, in the case of an insurer or rating organization, every rate, rating plan, and rating system made or used by it complies with the provisions of this chapter applicable to it. The maintenance of such records in the office of a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this section for any insurer maintaining membership or subscribership in such organization, to the extent that the insurer uses the rates, rating plans, rating systems, or underwriting rules of such organization. Such records shall be maintained in an office within this state or shall be made available for examination or inspection within this state by the commissioner at any time upon reasonable notice.   History: En. Sec. 21, Ch. 362, L. 1969; amd. Sec. 1, Ch. 469, L. 1977; R.C.M. 1947, 40-3654(1).
MT Code § 33-16-106 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 1. General Provisions|33-16-106. Examination by commissioner of rating organizations, admitted insurers, officers, managers, insurance producers, and employees -- expense

  33-16-106. Examination by commissioner of rating organizations, admitted insurers, officers, managers, insurance producers, and employees -- expense. (1) (a) The commissioner may, as often as may be reasonable and necessary, make or cause to be made an examination of each licensed rating organization. The commissioner may, as often as may be reasonable and necessary, make or cause to be made an examination of any advisory organization or group, association, or other organization of insurers that engages in joint underwriting or joint reinsurance.   (b) In lieu of an examination, the commissioner may accept the report of an examination made by the insurance supervisory official of another state or by the national association of insurance commissioners.   (c) In examining any organization, group, or association pursuant to this section, the commissioner shall ascertain whether an organization, group, or association and, in the case of a rating organization, any rate or rating system made or used by it, complies with the requirements and standards of this chapter applicable to it.   (2) The commissioner may, at any reasonable time, make or cause to be made an examination of every admitted insurer transacting any class of insurance to which the provisions of this chapter are applicable to ascertain whether the insurer and every rate and rating system used by it for every class of insurance complies with the requirements and standards of this chapter applicable to it. The examination may not be a part of a periodic general examination participated in by representatives of more than one state.   (3) The officers, managers, insurance producers, and employees of any organization, group, association, or insurer may be examined at any time under oath and shall exhibit all books, records, accounts, documents, or agreements governing its method of operation, together with all data, statistics, and information of every kind and character collected or considered by an organization, group, association, or insurer in the conduct of the operations to which the examination relates.   (4) The reasonable cost of any examination authorized by this article must be paid by the organization, group, association, or insurer to be examined.   History: En. Secs. 22, 23, 24, 25, Ch. 362, L. 1969; R.C.M. 1947, 40-3655, 40-3656, 40-3657, 40-3658; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 19, Ch. 451, L. 1993.
MT Code § 33-16-107 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 1. General Provisions|33-16-107. Information not to be willfully withheld

  33-16-107. Information not to be willfully withheld. No person, insurer, or organization shall willfully withhold information from or knowingly give false or misleading information to the commissioner or to any rating organization, advisory organization, insurer, or group, association, or other organization of insurers which will affect the rates, rating systems, or premiums for the classes of insurance to which the provisions of this chapter are applicable.   History: En. Sec. 32, Ch. 362, L. 1969; R.C.M. 1947, 40-3665(a).
MT Code § 33-16-108 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 1. General Provisions|33-16-108. through 33-16-110 reserved

  33-16-108 through 33-16-110 reserved.
MT Code § 33-16-111 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 1. General Provisions|33-16-111. Issuance of order -- suspension or revocation of certificate of authority or license

  33-16-111. Issuance of order -- suspension or revocation of certificate of authority or license. If, after a hearing pursuant to 33-16-206, the commissioner finds:   (1) that an insurer, a rating organization, an advisory organization, or a group, association, or other organization of insurers that engages in joint underwriting or joint reinsurance is in violation of the provisions of this chapter applicable to it, other than the provisions dealing with rates, rating plans, or rating systems, the commissioner may issue an order to the insurer, organization, group, or association that has been the subject of the hearing, specifying in what respects the violation exists and requiring compliance within a reasonable time;   (2) that the violation of any of the provisions of this chapter applicable to it by any insurer or rating organization that has been the subject of hearing was willful, the commissioner may suspend or revoke, in whole or in part, the certificate of authority of the insurer or the license of the rating organization with respect to the class of insurance that has been the subject matter of the hearing;   (3) that any rating organization has willfully engaged in any fraudulent or dishonest act or practices, the commissioner may suspend or revoke, in whole or in part, the license of the organization, in addition to any other penalty provided in this chapter.   History: En. Sec. 29, Ch. 362, L. 1969; R.C.M. 1947, 40-3662(part); amd. Sec. 1194, Ch. 56, L. 2009.
MT Code § 33-16-112 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 1. General Provisions|33-16-112. Failure to comply with order -- suspension or revocation of license or certificate

  33-16-112. Failure to comply with order -- suspension or revocation of license or certificate. In addition to other penalties provided in this code, the commissioner may suspend or revoke, in whole or in part, the license of any rating organization or the certificate of authority of any insurer with respect to the class or classes of insurance specified in the order that fails to comply within the time limited by the order or any extension of the order that the commissioner may grant, with an order of the commissioner lawfully made pursuant to 33-16-111 and 33-16-211 and effective pursuant to 33-16-113.   History: En. Sec. 30, Ch. 362, L. 1969; R.C.M. 1947, 40-3663; amd. Sec. 1195, Ch. 56, L. 2009.
MT Code § 33-16-113 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 1. General Provisions|33-16-113. Appeal from order or decision of commissioner

  33-16-113. Appeal from order or decision of commissioner. Any person, insurer, or rating organization aggrieved by any order or decision made by the commissioner under this chapter may appeal to the district court of the county where the aggrieved party may reside or has a principal place of business in this state or to the district court of Lewis and Clark County, Montana. The appeal must be taken within 30 days from the making and filing of the order or decision by filing in the office of the commissioner a notice of the appeal in writing. The commissioner shall, within 20 days after filing of the notice, make and return to the district court a full and complete certified transcript of the finding and order appealed from and of all parts relative to the finding and order on file in the commissioner's office, including the notice of appeal. Upon filing of the certified transcript, all matters involved in the appeal must be brought on for trial upon the merits at the next term of the court after the filing of the transcript unless otherwise ordered by the court. Upon the trial, the findings of fact on which the order is based must be prima facie evidence of the matters stated. During the pendency of the proceedings upon review, the order of the commissioner is suspended, but in the event of a final determination against any insurer, any overcharge by the insurer during review must be refunded to the persons entitled to the refund.   History: En. Sec. 31, Ch. 362, L. 1969; R.C.M. 1947, 40-3664; amd. Sec. 1196, Ch. 56, L. 2009.
MT Code § 33-16-114 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 1. General Provisions|33-16-114. Penalty

  33-16-114. Penalty. (1) A person, insurer, organization, group, or association that fails to comply with a final order of the commissioner under this chapter is liable to the state in an amount not exceeding $50. If the failure is willful, the person or entity is liable to the state in an amount not exceeding $5,000 for the failure. The commissioner shall collect the amount payable and may bring an action in the name of the people of the state of Montana to enforce collection. The penalties may be in addition to any other penalties provided by law.   (2) A willful violation of the provisions of this chapter by any person is a misdemeanor.   History: En. Sec. 32, Ch. 362, L. 1969; R.C.M. 1947, 40-3665(b), (c); amd. Sec. 1197, Ch. 56, L. 2009.
MT Code § 33-16-115 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 1. General Provisions|33-16-115. Acts done by authority of chapter not violation of other laws

  33-16-115. Acts done by authority of chapter not violation of other laws. No act done, action taken, or agreement made pursuant to the authority conferred by this chapter shall constitute a violation of or grounds for prosecution or civil proceedings under any other law of this state heretofore or hereafter enacted which does not specifically refer to insurance.   History: En. Sec. 34, Ch. 362, L. 1969; R.C.M. 1947, 40-3667.
MT Code § 33-16-116 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 1. General Provisions|33-16-116. Administration or enforcement -- supplementation or modification

  33-16-116. Administration or enforcement -- supplementation or modification. The administration and enforcement of this chapter shall be governed solely by the provisions of this chapter. Except as provided in this chapter, no other law relating to insurance and no other provisions in this code heretofore or hereafter enacted shall apply to or be construed as supplementing or modifying the provisions of this chapter unless such other law or other provision expressly so provides and specifically refers to the sections of this chapter which it intends to supplement or modify.   History: En. Sec. 35, Ch. 362, L. 1969; R.C.M. 1947, 40-3668.
MT Code § 33-16-202 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 2. Rates and Rating Plans|33-16-202. Recording and reporting of loss and expense experience

  33-16-202. Recording and reporting of loss and expense experience. (1) The commissioner may promulgate and may modify reasonable rules and statistical plans, reasonably adapted to each of the rating systems used, which must be used by each insurer in the recording and reporting of its loss and countrywide expense experience, in order that the experience of all insurers may be made available at least annually in form and detail as necessary to aid the commissioner in determining whether rates comply with the applicable standards of this chapter. The rules and plans may also provide for the recording and reporting of expense experience items that are specially applicable to this state and are not susceptible of determination by a prorating of countrywide expense experience.   (2) In promulgating rules and plans, the commissioner shall give consideration to the rating systems in use in this state and, in order that the rules and plans may be as uniform as is practicable among the several states, to the rules and to the form of the plans used for rating systems in other states. An insurer may not be required to record or report its loss experience on a classification basis that is inconsistent with the rating system used by it.   (3) The commissioner may designate one or more rating organizations or other agencies to assist in gathering and making compilations of loss and expense experience, and the compilations must be made available, subject to reasonable rules promulgated by the commissioner, to insurers and rating organizations.   History: En. Sec. 36, Ch. 362, L. 1969; R.C.M. 1947, 40-3669; amd. Sec. 47, Ch. 379, L. 1995.
MT Code § 33-16-203 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 2. Rates and Rating Plans|33-16-203. Rates filed

  33-16-203. Rates filed. (1) Every insurer, rating organization, or advisory organization shall file with the commissioner all rates intended for use within this state, together with supporting data sufficient to substantiate the filing. The filing required by this subsection may be made by rating organizations on behalf of their members and subscribers. However, this provision does not prohibit a member or subscriber from filing rates on its own behalf. Any deviations from a rating organization's rates by a member or subscriber must be filed with the commissioner and must be accompanied by supporting data.   (2) Rates filed must provide for a premium reduction to:   (a) qualified insured operators 55 years of age or older in accordance with 33-16-222; or   (b) qualified members of the Montana national guard in accordance with 33-16-230.   History: En. Sec. 21, Ch. 362, L. 1969; amd. Sec. 1, Ch. 469, L. 1977; R.C.M. 1947, 40-3654(2); amd. Sec. 1, Ch. 241, L. 1979; amd. Sec. 7, Ch. 49, L. 1987; amd. Sec. 2, Ch. 576, L. 2005.
MT Code § 33-16-204 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 2. Rates and Rating Plans|33-16-204. Review of rates on request by aggrieved person

  33-16-204. Review of rates on request by aggrieved person. (1) A person aggrieved by any rate charged, rating plan, rating system, or underwriting rule followed or adopted by an insurer or rating organization may request the insurer or rating organization to review the manner in which the rate, plan, system, or rule has been applied with respect to insurance afforded the person. The request may be made by the person's authorized representative and must be written.   (2) If the request is not granted within 30 days after it is made, the requester may treat it as rejected.   (3) Any person aggrieved by the action of an insurer or rating organization in refusing the review requested or in failing or refusing to grant all or part of the relief requested may file a written complaint and request for hearing with the commissioner, specifying the grounds relied upon. If the commissioner has information concerning a similar complaint, the commissioner may deny the hearing. If the commissioner believes that probable cause for the complaint does not exist or that the complaint is not made in good faith, the commissioner shall deny the hearing. Otherwise, and if the commissioner finds that the complaint charges a violation of this chapter and that the complainant would be aggrieved if the violation is proven, the commissioner shall proceed as provided in 33-16-205.   History: En. Sec. 26, Ch. 362, L. 1969; R.C.M. 1947, 40-3659; amd. Sec. 1198, Ch. 56, L. 2009.
MT Code § 33-16-205 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 16. Rates -- Rating and Advisory Organizations|Part 2. Rates and Rating Plans|33-16-205. Noncompliance of rates -- notice

  33-16-205. Noncompliance of rates -- notice. If, after examination of an insurer, rating organization, advisory organization, or group, association, or other organization of insurers that engages in joint underwriting or joint reinsurance or upon the basis of other information or upon sufficient complaint as provided in 33-16-204, the commissioner has good cause to believe that the insurer, organization, group, or association or any rate, rating plan, or rating system made or used by the insurer or rating organization does not comply with the requirements and standards of this chapter applicable to it, the commissioner shall, unless the commissioner has good cause to believe that the noncompliance is willful, give notice, in writing, to the insurer, organization, group, or association stating in what manner and to what extent the noncompliance is alleged to exist and specifying a reasonable time, not less than 10 days after receipt, in which the noncompliance may be corrected.   History: En. Sec. 27, Ch. 362, L. 1969; R.C.M. 1947, 40-3660; amd. Sec. 9, Ch. 416, L. 1999.