reglab/housing_qa huggingface dataset:
MT Code § 33-18-221 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 2. Insurer's Relations With Insured and Claimant|33-18-221. Designation of specific repair shops prohibited -- lists allowed

  33-18-221. Designation of specific repair shops prohibited -- lists allowed. (1) An insurance company, including its producers and adjusters, that issues or renews a policy of insurance in this state covering, in whole or part, a motor vehicle may not:   (a) require that a person insured under the policy use a particular company or location for providing automobile glass replacement, glass repair services, or glass products insured in whole or part by the policy; or   (b) engage in any act or practice of intimidation, coercion, or threat for or against an insured person to use a particular company or location to provide automobile glass replacement, glass repair services, or glass products insured, in whole or in part, under the terms of an insurance policy.   (2) (a) An insurance company may provide an insured with a list that includes the names of particular companies or locations providing automobile glass replacement, glass repair services, or glass products if some of the listed companies or locations are reasonably close and convenient to the insured. The insurance company may restrict the list to those companies or locations that meet reasonable standards of quality, service, and safety.   (b) The insured may use a nonlisted company or location at the insured's sole discretion, and subject to the provisions of subsections (2)(c) and (3), the insurance company will fully and promptly pay for the cost of automobile glass replacement, glass repair services, or glass products provided, less any deductible under the terms of the policy.   (c) If the insured does not use a list as provided in subsection (2)(a), the insurer may require the insured to obtain not more than three competitive bids to establish the cost of automobile glass replacement, glass repair services, or glass products provided.   (3) This section does not require an insurer to pay more for automobile glass replacement, glass repair services, or glass products than the market price as defined in 33-18-222.   (4) Notwithstanding the provisions of subsections (1) through (3), an insurance company may agree to pay the full cost of glass replacement or repair.   History: En. Sec. 1, Ch. 554, L. 1993; amd. Sec. 2, Ch. 526, L. 1999; amd. Sec. 2, Ch. 345, L. 2001; amd. Sec. 1, Ch. 192, L. 2009.
MT Code § 33-18-222 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 2. Insurer's Relations With Insured and Claimant|33-18-222. Market price

  33-18-222. Market price. (1) For purposes of 33-18-221, 33-18-223, and 33-18-224, "market price" means the:   (a) price agreed upon between the insurer and the business; or   (b) prevailing competitive rate that is reasonable and necessary in the local area where the repairs are to be performed.   (2) The market price may not be less than cost as provided in 30-14-209.   History: En. Sec. 2, Ch. 554, L. 1993; amd. Sec. 3, Ch. 526, L. 1999; amd. Sec. 3, Ch. 345, L. 2001; amd. Sec. 2, Ch. 192, L. 2009.
MT Code § 33-18-223 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 2. Insurer's Relations With Insured and Claimant|33-18-223. Prohibited activities -- glass broker defined

  33-18-223. Prohibited activities -- glass broker defined. (1) It is unlawful for an insurance company, individually or with others, to directly or indirectly:   (a) establish an agreement with any person to act as a glass broker for the insurance company under which the glass broker sets a price that must be met by a glass repair shop as a condition for doing glass replacement or glass repair work for the insurance company;   (b) establish an agreement with a glass broker that requires a glass repair shop to bill through that glass broker as a condition of doing glass replacement or glass repair work; or   (c) establish a price that must be met by a glass repair shop as a condition for doing glass replacement or glass repair work that is below the market price as provided in 33-18-222.   (2) As used in this section, "glass broker" means an automobile glass company that acts as a third-party agent for the insurer whenever the glass broker enters into agreements with other automobile glass dealers to perform glass replacement or glass repair work.   History: En. Sec. 3, Ch. 554, L. 1993; amd. Sec. 2, Ch. 207, L. 1997; amd. Sec. 4, Ch. 526, L. 1999; amd. Sec. 4, Ch. 345, L. 2001; amd. Sec. 3, Ch. 192, L. 2009.
MT Code § 33-18-225 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 2. Insurer's Relations With Insured and Claimant|33-18-225. Designation of specific car rental business prohibited

  33-18-225. Designation of specific car rental business prohibited. (1) An insurance company, including its producers and adjusters, that issues or renews a policy of insurance in this state covering, in whole or in part, a motor vehicle may not:   (a) require that a person, whether or not insured by the insurance company, for whom the insurance company is obligated to provide a car rental while the person's own car is being repaired use a particular car rental business; or   (b) engage in any act or practice that intimidates, coerces, or threatens a person to use a particular car rental business.   (2) (a) An insurance company that is subject to the provisions of this section and that provides for direct payment to any one or more car rental businesses in this state must provide for direct payment to any car rental business selected by a person described in subsection (1)(a).   (b) For the purposes of this section, "direct payment" means a method by which an insurance company makes a direct payment on behalf of an insured or a third party either through electronic means or by check to a car rental business.   (c) The insurance company may approve the daily rate to be paid by the insurance company based on the car classification.   (d) The insurance company is not obligated to pay more to the car rental business than is provided in the insured's policy limits pursuant to 33-23-203.   (3) This section does not require an insurer to pay more for a comparable car rental than the lowest price negotiated between a car rental business and the insurer.   (4) This section does not prohibit an insurer, its producers, or its adjusters from providing to a customer the name of a car rental business with which arrangements may have been made to provide car rental services as long as the ultimate choice is left to the person described in subsection (1)(a).   History: En. Sec. 1, Ch. 251, L. 2005.
MT Code § 33-18-226 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 2. Insurer's Relations With Insured and Claimant|33-18-226. through 33-18-230 reserved

  33-18-226 through 33-18-230 reserved.
MT Code § 33-18-231 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 2. Insurer's Relations With Insured and Claimant|33-18-231. State administrative process to provide timely payment of medical benefits -- definitions

  33-18-231. State administrative process to provide timely payment of medical benefits -- definitions. In 33-18-231 through 33-18-235 the following definitions apply:   (1) "Claim documentation" means standard claims forms or other documentation routinely accepted by insurers as proof of loss.   (2) "Insurer" means any insurer as that term is defined by this title, including any fraternal benefit society, hospital service nonprofit corporation, health service corporation, nonprofit medical service corporation, nonprofit health care corporation, health maintenance organization, self-insurer, or third-party administrator or any other public or private, profit or nonprofit, governmental or nongovernmental individual, group, or organization that sells or offers for sale insurance policies, subscriber contracts, certificates, or agreements by which the offerer promises to pay medical benefits in any form in this state.   (3) "Proof of loss" means any claim documentation received by an insurer upon which payment of claims is requested.   History: En. Sec. 1, Ch. 300, L. 1983; amd. Sec. 1, Ch. 378, L. 2003.
MT Code § 33-18-232 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 2. Insurer's Relations With Insured and Claimant|33-18-232. Time for payment of claims

  33-18-232. Time for payment of claims. (1) An insurer shall pay or deny a claim within 30 days after receipt of a proof of loss unless the insurer makes a reasonable request for additional information or documents in order to evaluate the claim. If an insurer makes a reasonable request for additional information or documents, the insurer shall pay or deny the claim within 60 days of receiving the proof of loss unless the insurer has notified the insured, the insured's assignee, or the claimant of the reasons for failure to pay the claim in full or unless the insurer has a reasonable belief that insurance fraud has been committed and the insurer has reported the possible insurance fraud to the commissioner. This section does not eliminate an insurer's right to conduct a thorough investigation of all the facts necessary to determine payment of a claim.   (2) If an insurer fails to comply with this section and the insurer is liable for payment of the claim, the insurer shall pay an amount equal to the amount of the claim due plus 10% annual interest calculated from the date on which the claim was due. For purposes of calculating the amount of interest, a claim is considered due 30 days after the insurer's receipt of the proof of loss or 60 days after receipt of the proof of loss if the insurer made a reasonable request for information or documents. Interest payments must be made to the person who receives the claims payment. Interest is payable under this subsection only if the amount of interest due on a claim exceeds $5.   (3) A private cause of action under 33-18-201 or 33-18-242 may not be based on the compliance or noncompliance with the requirements of this section and evidence of compliance or noncompliance with this section is not admissible in any private action based on 33-18-201 or 33-18-242.   History: En. Sec. 2, Ch. 300, L. 1983; amd. Sec. 2, Ch. 378, L. 2003; amd. Sec. 21, Ch. 469, L. 2005.
MT Code § 33-18-233 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 2. Insurer's Relations With Insured and Claimant|33-18-233. Administrative penalty for failure to pay promptly

  33-18-233. Administrative penalty for failure to pay promptly. (1) The commissioner may, after a hearing, impose an administrative fine as provided in 33-1-317 on an insurer if the commissioner finds that the insurer as a general course of business practice in this state fails to:   (a) use due diligence in processing all claims;   (b) pay claims in a timely manner;   (c) provide proper notice, when required, with respect to the reasons for the insurer's failure to make claim payments when due;   (d) pay, without just cause, proper claims arising under coverage provided by its policies, whether the claims are in favor of an insured, in favor of a third person with respect to the liability of an insured to the third person, or in favor of any other person entitled to the benefits of a policy; or   (e) pay interest pursuant to 33-18-232(2).   (2) If an insurer can demonstrate that it has consistently paid 90% of the total dollar amount outstanding in claims to each claimant within 20 working days and all of the amount within 30 working days of receipt of claims during the 6-month period immediately preceding the hearing date, the insurer is not subject to the fine described in subsection (1).   History: En. Sec. 3, Ch. 300, L. 1983; amd. Sec. 3, Ch. 378, L. 2003.
MT Code § 33-18-234 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 2. Insurer's Relations With Insured and Claimant|33-18-234. Right of privacy guaranteed

  33-18-234. Right of privacy guaranteed. Nothing in 33-18-231 through 33-18-235 requires the commissioner to disclose information in violation of the Insurance Information and Privacy Protection Act.   History: En. Sec. 4, Ch. 300, L. 1983.
MT Code § 33-18-235 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 2. Insurer's Relations With Insured and Claimant|33-18-235. Rulemaking authority

  33-18-235. Rulemaking authority. The commissioner may adopt rules, under the Montana Administrative Procedure Act, necessary to implement 33-18-231 through 33-18-234.   History: En. Sec. 5, Ch. 300, L. 1983; amd. Sec. 9, Ch. 399, L. 2007.
MT Code § 33-18-236 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 2. Insurer's Relations With Insured and Claimant|33-18-236. through 33-18-240 reserved

  33-18-236 through 33-18-240 reserved.
MT Code § 33-18-241 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 2. Insurer's Relations With Insured and Claimant|33-18-241. Repealed

  33-18-241. Repealed. Sec. 2, Ch. 278, L. 1987.   History: En. Sec. 1, Ch. 504, L. 1985.
MT Code § 33-18-242 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 2. Insurer's Relations With Insured and Claimant|33-18-242. Independent cause of action -- burden of proof

  33-18-242. Independent cause of action -- burden of proof. (1) An insured or a third-party claimant has an independent cause of action against an insurer for actual damages caused by the insurer's violation of subsection (1), (4), (5), (6), (9), or (13) of 33-18-201.   (2) In an action under this section, a plaintiff is not required to prove that the violations were of such frequency as to indicate a general business practice.   (3) An insured who has suffered damages as a result of the handling of an insurance claim may bring an action against the insurer for breach of the insurance contract, for fraud, or pursuant to this section, but not under any other theory or cause of action. An insured may not bring an action for bad faith in connection with the handling of an insurance claim.   (4) In an action under this section, the court or jury may award such damages as were proximately caused by the violation of subsection (1), (4), (5), (6), (9), or (13) of 33-18-201. Exemplary damages may also be assessed in accordance with 27-1-221.   (5) An insurer may not be held liable under this section if the insurer had a reasonable basis in law or in fact for contesting the claim or the amount of the claim, whichever is in issue.   (6) (a) An insured may file an action under this section, together with any other cause of action the insured has against the insurer. Actions may be bifurcated for trial where justice so requires.   (b) A third-party claimant may not file an action under this section until after the underlying claim has been settled or a judgment entered in favor of the claimant on the underlying claim.   (7) The period prescribed for commencement of an action under this section is:   (a) for an insured, within 2 years from the date of the violation of 33-18-201; and   (b) for a third-party claimant, within 1 year from the date of the settlement of or the entry of judgment on the underlying claim.   (8) As used in this section, an insurer includes a person, firm, or corporation utilizing self-insurance to pay claims made against them.   History: En. Sec. 3, Ch. 278, L. 1987.
MT Code § 33-18-243 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 2. Insurer's Relations With Insured and Claimant|33-18-243. and 33-18-244 reserved

  33-18-243 and 33-18-244 reserved.
MT Code § 33-18-245 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 2. Insurer's Relations With Insured and Claimant|33-18-245. Prompt payment of motor vehicle damage claims

  33-18-245. Prompt payment of motor vehicle damage claims. (1) Except for providers who are prepaid or agree to a different payment schedule, an insurer shall make an offer to pay or shall pay all approved claims for covered services or damages that solely involve the recovery of property damages in an amount of $2,500 or less arising out of the ownership, maintenance, or use of a motor vehicle within 30 working days of receipt of a proof of loss that is correctly completed and submitted to the insurer.   (2) Subsection (1) does not apply to an insurer who has notified the insured or the insured's assignee of the reasons for the insurer's failure to pay the claim in full or to an insurer that has made a reasonable request for additional information or documents.   History: En. Sec. 4, Ch. 378, L. 2003.
MT Code § 33-18-246 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 2. Insurer's Relations With Insured and Claimant|33-18-246. reserved

  33-18-246 reserved.
MT Code § 33-18-247 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 2. Insurer's Relations With Insured and Claimant|33-18-247. Unfair discrimination prohibited -- anatomical gifts, organ transplants, and related treatment

  33-18-247. Unfair discrimination prohibited -- anatomical gifts, organ transplants, and related treatment. (1) An insurer that provides coverage for anatomical gifts, organ transplants, or related treatment and services may not:  (a) deny coverage under an insurance policy to a covered person solely on the basis of the person's disability;   (b) deny to a patient eligibility, or continued eligibility, to enroll or to renew coverage under an insurance policy, solely for the purpose of avoiding the requirements of this section;   (c) penalize or otherwise reduce or limit the reimbursement of an attending provider or provide monetary or nonmonetary incentives to an attending provider to induce the provider to provide care to an insured or enrollee in a manner inconsistent with this section; or   (d) reduce or limit coverage benefits to a patient for the medical services or other services related to organ transplantation performed pursuant to this section as determined in consultation with the attending physician and patient.   (2) In the case of an insurance policy maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers, any plan amendment made pursuant to a collective bargaining agreement that amends the plan solely to conform to a requirement imposed pursuant to this section may not be treated as a termination of the collective bargaining agreement.   (3) Nothing in this section may be construed to require a health insurance issuer to provide coverage for a medically inappropriate organ transplant.   History: En. Sec. 5, Ch. 487, L. 2021.
MT Code § 33-18-301 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 3. Insurers -- Noninsurance-Related Prohibitions|33-18-301. Prohibited relations with mortuaries

  33-18-301. Prohibited relations with mortuaries. (1) A life insurer and its board of directors, officers, employees, or representatives that sell any life insurance, other than funeral insurance as defined in 33-20-1501(1)(c)(ii), may not own, manage, supervise, operate, or maintain any mortuary, funeral, or undertaking establishment in Montana.   (2) (a) A life insurer may not contract or agree with any funeral director, mortician, or undertaker that the funeral director, mortician, or undertaker shall conduct the funeral or be named beneficiary of any person insured by the insurer.   (b) A life insurer may not sell, solicit, or negotiate life insurance, except stand-alone funeral insurance as provided in 33-20-1501, through a funeral director, mortician, undertaker, or any employee of a mortuary or undertaker.   (c) A life insurer that sells, solicits, or negotiates funeral insurance, as defined in 33-20-1501(1)(c)(ii), through a funeral director, mortician, undertaker, or any employee of a mortuary or undertaker shall comply with the provisions of 33-20-1501 and 33-20-1502.   (3) A funeral insurance policy or certificate and any solicitation material for the policy must comply with 33-20-1501.   (4) An attempt by the insurer or its representative to require the insured to designate a specific beneficiary, including but not limited to a funeral director, mortician, mortuary, or undertaker, constitutes a violation of this section punishable as a misdemeanor pursuant to subsection (5).   (5) A funeral director, mortician, or undertaker or any employee of a mortuary or undertaker who seeks to sell, solicit, or negotiate funeral insurance shall comply with this code, including the requirements of Title 33, chapter 17, and Title 33, chapter 20, part 15.   (6) Each violation of this section constitutes a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment for not more than 6 months, or both.   History: En. Sec. 223, Ch. 286, L. 1959; R.C.M. 1947, 40-3521; amd. Sec. 23, Ch. 198, L. 1979; amd. Sec. 1, Ch. 229, L. 1981; amd. Sec. 55, Ch. 379, L. 1995; amd. Sec. 36, Ch. 472, L. 1999; amd. Sec. 6, Ch. 507, L. 2007; amd. Sec. 20, Ch. 151, L. 2017.
MT Code § 33-18-302 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 3. Insurers -- Noninsurance-Related Prohibitions|33-18-302. Defaming insurer prohibited

  33-18-302. Defaming insurer prohibited. No person shall make, publish, disseminate, or circulate, directly or indirectly, or aid, abet, or encourage the making, publishing, disseminating, or circulating of any oral or written statement or any pamphlet, circular, article, or literature which is false or maliciously critical of or derogatory to the financial condition of an insurer or of an organization proposing to become an insurer and which is calculated to injure any person engaged or proposing to engage in the business of insurance.   History: En. Sec. 209, Ch. 286, L. 1959; R.C.M. 1947, 40-3507.
MT Code § 33-18-303 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 3. Insurers -- Noninsurance-Related Prohibitions|33-18-303. Boycott, coercion, or intimidation prohibited

  33-18-303. Boycott, coercion, or intimidation prohibited. No person shall enter into any agreement to commit or by any concerted action commit any act of boycott, coercion, or intimidation resulting in or tending to result in unreasonable restraint of or monopoly in the business of insurance.   History: En. Sec. 210, Ch. 286, L. 1959; R.C.M. 1947, 40-3508.