reglab/housing_qa huggingface dataset:
MT Code § 33-2-1403 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 14. Certificates of Insurance Model Act|33-2-1403. Certificate forms

  33-2-1403. Certificate forms. (1) Except as provided in subsection (3), a person may not prepare, issue, request, or require the issuance of a certificate of insurance on property, operations, or risks located in this state unless the certificate of insurance form has been filed with the commissioner by or on behalf of an insurer.   (2) The commissioner shall prohibit the use of a certificate of insurance form if the form is unfair, misleading, or deceptive or violates public policy or law, including rules adopted by the commissioner.   (3) Insurers are not required to file the current standard certificate of insurance forms promulgated and filed with the commissioner by the association for cooperative operations research and development, the American association of insurance services, or the insurance services office, inc., or certificate of insurance forms whose specific content and wording are established by federal law or regulation or by any law or rule of this state.   (4) A certificate of insurance is not a policy of insurance and does not affirmatively or negatively amend, extend, or alter the coverage afforded by the policy to which the certificate of insurance makes reference. A certificate of insurance may not confer to any person new or additional rights beyond what the referenced policy of insurance expressly provides.   History: En. Sec. 3, Ch. 303, L. 2013.
MT Code § 33-2-1404 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 14. Certificates of Insurance Model Act|33-2-1404. Limitations on use

  33-2-1404. Limitations on use. (1) A person may not:   (a) alter or modify a certificate of insurance form filed with the commissioner;   (b) prepare, issue, request, or require the issuance of a certificate of insurance that contains any false or misleading information concerning the policy of insurance to which the certificate of insurance makes reference; or   (c) prepare, issue, request, or require the issuance of a certificate of insurance that purports to affirmatively or negatively alter, amend, or extend the coverage provided by the policy of insurance to which the certificate of insurance makes reference.   (2) A certificate of insurance may not warrant that the policy of insurance referenced in the certificate complies with the insurance or indemnification requirements of a contract, and the inclusion of a contract number or description in the certificate of insurance may not be interpreted as warranting compliance with the insurance or indemnification requirements of a contract.   History: En. Sec. 4, Ch. 303, L. 2013.
MT Code § 33-2-1405 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 14. Certificates of Insurance Model Act|33-2-1405. Notice requirements

  33-2-1405. Notice requirements. A person is entitled to notice of cancellation, nonrenewal, or other material change concerning a policy of insurance only if the person has notice rights under the terms of the policy of insurance or any endorsement to the policy. The terms and conditions of the notice are governed by the policy of insurance or endorsement and may not be altered by a certificate of insurance.   History: En. Sec. 5, Ch. 303, L. 2013.
MT Code § 33-2-1406 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 14. Certificates of Insurance Model Act|33-2-1406. Scope -- voidness

  33-2-1406. Scope -- voidness. (1) The provisions of this part apply to all certificates of insurance issued in connection with property, operations, or risks located in this state, regardless of where the policyholder, insurer, insurance producer, or person requesting or requiring the issuance of the certificate of insurance is located.   (2) A certificate of insurance or any other document or correspondence prepared, issued, requested, or required in violation of this part is void.   History: En. Sec. 6, Ch. 303, L. 2013.
MT Code § 33-2-1407 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 14. Certificates of Insurance Model Act|33-2-1407. Enforcement and penalties -- rulemaking

  33-2-1407. Enforcement and penalties -- rulemaking. (1) The commissioner may examine and investigate the activities of any person that the commissioner reasonably believes has been or is engaged in an act or practice prohibited by this part.   (2) The commissioner may enforce the provisions of this part by issuing cease and desist orders and by imposing a fine not to exceed $1,000 for each violation.   (3) The commissioner may adopt rules to implement the provisions of this part.   History: En. Sec. 7, Ch. 303, L. 2013.
MT Code § 33-2-1502 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 15. Regulation of Controlled Insurers and Controlling Producers|33-2-1502. Filing requirements

  33-2-1502. Filing requirements. (1) Each domestic, foreign, and alien insurer authorized to transact insurance in this state shall, on or before March 1 of each year, file with the NAIC a copy of its annual statement convention form, along with any additional filings for the preceding year as prescribed by the commissioner. The information filed with the NAIC must be in the same format and scope as that required by the commissioner and must include the signed jurat page and the actuarial certification. Amendments to the annual statement filing that are subsequently filed with the commissioner must also be filed with the NAIC.   (2) Foreign insurers domiciled in a state that has a law substantially similar to this section are considered to be in compliance with this section.   History: En. Sec. 2, Ch. 596, L. 1993.
MT Code § 33-2-1503 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 15. Regulation of Controlled Insurers and Controlling Producers|33-2-1503. Immunity of NAIC

  33-2-1503. Immunity of NAIC. In the absence of actual malice, members of the NAIC; their authorized committees, subcommittees, task forces, delegates, and employees; and all others charged with the responsibility of collecting and processing the information developed from the filing of the annual statement convention forms are considered to act under the authority of 33-2-1502 through 33-2-1504. They are not subject to civil liability for libel, slander, or any other cause of action arising from their collection, review, analysis, or dissemination of information collected from the filings required by 33-1-408 through 33-1-410, 33-2-1216 through 33-2-1218, 33-2-1391 through 33-2-1394, Title 33, chapter 2, parts 15 through 17, and 33-11-110.   History: En. Sec. 3, Ch. 596, L. 1993.
MT Code § 33-2-1504 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 15. Regulation of Controlled Insurers and Controlling Producers|33-2-1504. Confidentiality

  33-2-1504. Confidentiality. All financial analysis ratios and examination synopses concerning insurance companies that are submitted to the department by the NAIC insurance regulatory information systems are confidential and may not be disclosed by the department.   History: En. Sec. 4, Ch. 596, L. 1993.
MT Code § 33-2-1505 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 15. Regulation of Controlled Insurers and Controlling Producers|33-2-1505. through 33-2-1508 reserved

  33-2-1505 through 33-2-1508 reserved.
MT Code § 33-2-1509 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 15. Regulation of Controlled Insurers and Controlling Producers|33-2-1509. Applicability of minimum standards

  33-2-1509. Applicability of minimum standards. (1) The provisions of 33-2-1510 apply if, in any calendar year, the aggregate amount of gross written premiums on business placed with a controlled insurer by a controlling producer is equal to or greater than 5% of the admitted assets of the controlled insurer, as reported in the controlled insurer's quarterly statement filed as of September 30 of the prior year.   (2) Notwithstanding the provisions of subsection (1), the provisions of 33-2-1510 do not apply if:   (a) the controlling producer:   (i) does not receive compensation based upon the amount of premiums written in connection with the insurance and places insurance only with:   (A) the controlled insurer; or   (B) the controlled insurer and a member or members of the controlled insurer's holding company system or the controlled insurer's parent, affiliate, or subsidiary; and   (ii) accepts insurance placements only from nonaffiliated subproducers and not directly from insureds; and   (b) except for insurance business written through a residual market facility, the controlled insurer accepts insurance business only from a controlling producer, a producer controlled by the controlled insurer, or a producer that is a subsidiary of the controlled insurer.   History: En. Sec. 5, Ch. 596, L. 1993.
MT Code § 33-2-1511 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 15. Regulation of Controlled Insurers and Controlling Producers|33-2-1511. Audit committee

  33-2-1511. Audit committee. Each controlled insurer shall have an audit committee of the board of directors composed of independent directors. The audit committee shall annually review the adequacy of the controlled insurer's loss reserves and meet with management, the controlled insurer's independent certified public accountants, and an independent casualty actuary or other independent loss reserve specialist acceptable to the commissioner.   History: En. Sec. 7, Ch. 596, L. 1993.
MT Code § 33-2-1512 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 15. Regulation of Controlled Insurers and Controlling Producers|33-2-1512. Annual report by independent actuary

  33-2-1512. Annual report by independent actuary. In addition to any other required loss reserve certification, the controlled insurer shall, on April 1 of each year, file with the commissioner an opinion of an independent casualty actuary or other independent loss reserve specialist acceptable to the commissioner. The opinion must report the loss ratios for each line of business written and must attest to the adequacy of loss reserves established for losses incurred and outstanding as of the yearend, including losses incurred but not reported, on business placed by the producer.   History: En. Sec. 8, Ch. 596, L. 1993.
MT Code § 33-2-1513 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 15. Regulation of Controlled Insurers and Controlling Producers|33-2-1513. Annual report to commissioner

  33-2-1513. Annual report to commissioner. The controlled insurer shall annually report to the commissioner:   (1) the amount of commissions paid to the producer;   (2) the percentage the amount represents of the net premiums written; and   (3) comparable amounts and the percentage paid to noncontrolling producers for placements of the same kinds of insurance.   History: En. Sec. 9, Ch. 596, L. 1993.
MT Code § 33-2-1514 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 15. Regulation of Controlled Insurers and Controlling Producers|33-2-1514. Disclosure

  33-2-1514. Disclosure. (1) Except as provided in subsection (2), the producer, prior to the effective date of the policy, shall deliver written notice to the prospective insured, disclosing the relationship between the producer and the controlled insurer.   (2) If the business is placed through a subproducer who is not a controlling producer, the controlling producer shall retain in the controlling producer's records a signed commitment from the subproducer that the subproducer is aware of the relationship between the controlled insurer and the producer and that the subproducer has notified or will notify the insured.   History: En. Sec. 10, Ch. 596, L. 1993.
MT Code § 33-2-1515 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 15. Regulation of Controlled Insurers and Controlling Producers|33-2-1515. Penalties

  33-2-1515. Penalties. (1) (a) If the commissioner believes that a controlling producer or any other person has not materially complied with 33-2-1509 through 33-2-1514 or any regulation or order promulgated under 33-2-1509 through 33-2-1514, the commissioner, after notice and opportunity to be heard, may order the controlling producer to cease placing business with the controlled insurer.   (b) If it is found that because of the material noncompliance with 33-2-1509 through 33-2-1514, the controlled insurer or any policyholder of the controlled insurer has suffered any loss or damage, the commissioner may maintain a civil action or intervene in an action brought by or on behalf of the controlled insurer or policyholder for recovery of compensatory damages for the benefit of the controlled insurer or policyholder or other appropriate relief.   (2) The receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the insurer if:   (a) an order for liquidation or rehabilitation of the controlled insurer has been entered pursuant to Title 33, chapter 2, part 13;   (b) the receiver appointed under that order believes that the controlling producer or any other person has not materially complied with 33-2-1509 through 33-2-1514 or any regulation or order promulgated under 33-2-1509 through 33-2-1514; and   (c) the controlled insurer suffered any loss or damage from the noncompliance.   (3) This section does not affect the right of the commissioner to impose any other penalties provided for in this title.   (4) This section may not be construed to alter or affect the rights of policyholders, claimants, creditors, or other third parties.   History: En. Sec. 11, Ch. 596, L. 1993.
MT Code § 33-2-1516 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 15. Regulation of Controlled Insurers and Controlling Producers|33-2-1516. Compliance -- applicability

  33-2-1516. Compliance -- applicability. (1) Controlled insurers and controlling producers who are not in compliance with 33-2-1510 on October 1, 1993, have 60 days to come into compliance and shall comply with 33-2-1514 in all policies written or renewed on or after December 1, 1993.   (2) Sections 33-2-1509 through 33-2-1514 apply to insurers that are domiciled in this state or domiciled in a state that is not an accredited state that has in effect a substantially similar law.   (3) The provisions of Title 33, chapter 2, part 11, to the extent they are not superseded by 33-2-1509 through 33-2-1514, continue to apply to all entities within holding company systems subject to 33-2-1509 through 33-2-1514.   (4) An insurer may not continue to use the services of a managing general agent after December 1, 1993, unless the use complies with part 16 of this chapter.   (5) An insurer or reinsurer may not continue to use the services of a reinsurance intermediary after December 1, 1993, unless the use complies with part 17 of this chapter.   History: En. Sec. 12, Ch. 596, L. 1993.
MT Code § 33-2-1517 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 15. Regulation of Controlled Insurers and Controlling Producers|33-2-1517. Rulemaking authority

  33-2-1517. Rulemaking authority. (1) The commissioner may adopt rules implementing the provisions of 33-1-408 through 33-1-410, 33-2-1216 through 33-2-1218, 33-2-1391 through 33-2-1394, Title 33, chapter 2, parts 15 through 17, and 33-11-110.   (2) The authority of the commissioner to adopt rules is specifically extended, without limitation, to establish standards for companies considered to be in hazardous financial condition, to require annual audited financial reports, to regulate life and health reinsurance agreements, to provide for reports to the commissioner by holding company systems, and to establish accounting practices and procedures to be used by insurers in their annual statements.   History: En. Sec. 13, Ch. 596, L. 1993.
MT Code § 33-2-1601 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 16. Regulation of Managing General Agents|33-2-1601. Licensure of managing general agent

  33-2-1601. Licensure of managing general agent. (1) A person, firm, association, or corporation may not act in the capacity of a managing general agent with respect to risks located in this state for an insurer licensed in this state unless the person is a licensed producer in this state.   (2) A person, firm, association, or corporation may not act in the capacity of a managing general agent representing an insurer domiciled in this state with respect to risks located outside this state unless the person is licensed as a resident or nonresident producer in this state pursuant to the provisions of this part.   (3) The commissioner may require a bond in an amount acceptable to the commissioner for the protection of the insurer.   (4) The commissioner may require the managing general agent to maintain a policy on errors and omissions.   History: En. Sec. 14, Ch. 596, L. 1993.
MT Code § 33-2-1603 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 16. Regulation of Managing General Agents|33-2-1603. Duties of insurers

  33-2-1603. Duties of insurers. (1) The insurer must have on file an independent financial examination, in a form acceptable to the commissioner, of each managing general agent with which it has done business.   (2) If a managing general agent establishes loss reserves, the insurer 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 managing general agent. This is in addition to any other required loss reserve certification.   (3) At least semiannually, the insurer shall conduct an onsite review of the underwriting and claims processing operations of the managing general agent.   (4) Binding authority for all reinsurance contracts or participation in insurance or reinsurance syndicates rests with an officer of the insurer who is not affiliated with the managing general agent.   (5) Within 30 days of entering into or termination of a contract with a managing general agent, the insurer shall provide the commissioner with written notification of the appointment or termination. Notices of appointment of a managing general agent must include a statement of duties that the applicant is expected to perform on behalf of the insurer, the lines of insurance for which the applicant is to be authorized to act, and any other information the commissioner may request.   (6) An insurer shall review its books and records each quarter to determine if any producer has become a managing general agent. If the insurer determines that a producer has become a managing general agent, the insurer shall promptly notify the producer and the commissioner of the determination and the insurer and the producer shall comply with this part within 30 days.   (7) An insurer may not appoint to its board of directors an officer, director, employee, subproducer, or controlling shareholder of its managing general agent. This subsection does not apply to relationships governed by Title 33, chapter 2, part 11, or 33-2-1509 through 33-2-1514.   History: En. Sec. 16, Ch. 596, L. 1993.
MT Code § 33-2-1604 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 16. Regulation of Managing General Agents|33-2-1604. Examination authority

  33-2-1604. Examination authority. The acts of the managing general agent are considered to be the acts of the insurer on whose behalf it is acting. A managing general agent may be examined as if it were the insurer.   History: En. Sec. 17, Ch. 596, L. 1993.
MT Code § 33-2-1605 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 16. Regulation of Managing General Agents|33-2-1605. Penalties and liabilities

  33-2-1605. Penalties and liabilities. (1) If, after a hearing conducted in accordance with Title 33, chapter 1, part 7, the commissioner finds that a person has violated any provision of this part, the commissioner may order:   (a) a penalty in an amount of $5,000 for each separate violation;   (b) revocation or suspension of the producer's license; and   (c) the managing general agent to reimburse the insurer, the rehabilitator, or a liquidator of the insurer for any losses incurred by the insurer caused by a violation of this part committed by the managing general agent.   (2) An order of the commissioner pursuant to subsection (1) is subject to judicial review pursuant to 33-1-711.   (3) This section does not limit the power of the commissioner to impose any other penalty provided in this title.   (4) This part does not limit the rights of policyholders, claimants, or creditors.   History: En. Sec. 18, Ch. 596, L. 1993; amd. Sec. 33, Ch. 379, L. 1995.
MT Code § 33-2-1702 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 2. Regulation of Insurance Companies|Part 17. Regulation of Reinsurance Intermediaries|33-2-1702. Required contract provisions -- reinsurance intermediary-brokers

  33-2-1702. Required contract provisions -- reinsurance intermediary-brokers. Transactions between a reinsurance intermediary-broker and the insurer it represents must be entered into pursuant to a written authorization, specifying the responsibilities of each party. The authorization must, at a minimum, contain the following provisions:   (1) The insurer may terminate the reinsurance intermediary-broker's authority at any time.   (2) The reinsurance intermediary-broker shall render to the insurer accounts accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by or owing to the reinsurance intermediary-broker. The reinsurance intermediary-broker shall remit all funds due to the insurer within 30 days of receipt.   (3) All funds collected for the insurer's account must be held by the reinsurance intermediary-broker in a fiduciary capacity in a bank that is a qualified United States financial institution.   (4) The reinsurance intermediary-broker shall comply with the requirements of 33-2-1703.   (5) The reinsurance intermediary-broker shall comply with the written standards established by the insurer for the cession or retrocession of all risks.   (6) The reinsurance intermediary-broker shall disclose to the insurer any relationship with any reinsurer to which business will be ceded or retroceded.   History: En. Sec. 20, Ch. 596, L. 1993.