reglab/housing_qa huggingface dataset:
MT Code § 33-18-304 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 3. Insurers -- Noninsurance-Related Prohibitions|33-18-304. Interlocking ownership and management -- restrictions

  33-18-304. Interlocking ownership and management -- restrictions. (1) Any insurer may retain, invest in, or acquire the whole or any part of the capital stock of any other insurer or insurers or have a common management with any other insurer or insurers unless such retention, investment, acquisition, or common management is inconsistent with any other provision of this code or unless by reason thereof the business of such insurers with the public is conducted in a manner which substantially lessens competition generally in the insurance business or tends to create a monopoly therein.   (2) Any person otherwise qualified may be director of two or more insurers which are competitors unless the effect thereof is to lessen substantially competition between insurers generally or tends materially to create a monopoly.   History: En. Sec. 219, Ch. 286, L. 1959; R.C.M. 1947, 40-3517.
MT Code § 33-18-305 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 3. Insurers -- Noninsurance-Related Prohibitions|33-18-305. Political contributions prohibited -- penalty

  33-18-305. Political contributions prohibited -- penalty. (1) No insurer shall directly or indirectly pay or use or offer, consent, or agree to pay or use any money or property for or in aid of any political party, committee, or organization or for or in aid of any corporation or other body organized or maintained for political purposes or for or in aid of any candidate for political office or for nomination for such office or for any political purpose whatsoever or for the reimbursement or indemnification of any person for money or property so used.   (2) Any officer, director, stockholder, attorney, or insurance producer of any insurer which violates any of the provisions of this section, who participates in, aids, abets, or advises or consents to any such violation and any person who solicits or knowingly receives any money or property in violation of this section shall be guilty of a misdemeanor and be punished by imprisonment for not more than 1 year and a fine of not more than $1,000; and any officer or director aiding or abetting in any contribution made in violation of this section shall be liable to the insurer for the amount so contributed.   History: En. Sec. 220, Ch. 286, L. 1959; R.C.M. 1947, 40-3518; amd. Sec. 1, Ch. 713, L. 1989.
MT Code § 33-18-401 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 4. Insured's Relations With Insurer|33-18-401. Repealed

  33-18-401. Repealed. Sec. 32, Ch. 396, L. 2017.   History: En. Sec. 224, Ch. 286, L. 1959; R.C.M. 1947, 40-3522; amd. Sec. 60, Ch. 713, L. 1989; amd. Sec. 3, Ch. 562, L. 2005.
MT Code § 33-18-502 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 5. Miscellaneous Prohibitions|33-18-502. Prohibited relations with long-term care facility

  33-18-502. Prohibited relations with long-term care facility. An insurance producer that owns, manages, supervises, operates, maintains, or works in a long-term care facility, as defined in 37-9-101, may not solicit, negotiate with, or sell a life or disability policy or certificate of insurance to a resident of a long-term care facility.   History: En. Sec. 5, Ch. 227, L. 2001.
MT Code § 33-18-601 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 6. Montana Use of Credit Information in Personal Insurance|33-18-601. Short title

  33-18-601. Short title. This part may be cited as the "Montana Use of Credit Information in Personal Insurance Act".   History: En. Sec. 1, Ch. 363, L. 2005.
MT Code § 33-18-602 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 6. Montana Use of Credit Information in Personal Insurance|33-18-602. Purpose

  33-18-602. Purpose. The purpose of this part is to regulate the use of credit information for personal insurance so that consumers are afforded certain protections with respect to the use of credit information.   History: En. Sec. 2, Ch. 363, L. 2005.
MT Code § 33-18-603 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 6. Montana Use of Credit Information in Personal Insurance|33-18-603. Scope

  33-18-603. Scope. This part applies to personal insurance and not to commercial insurance. For purposes of this part, "personal insurance" means private passenger automobile, home owners, motorcycle, mobile home owners, and noncommercial dwelling fire insurance policies and boat, personal watercraft, snowmobile, and recreational vehicle policies. These policies must be individually underwritten for personal, family, or household use. Other types of insurance may not be included as personal insurance for the purpose of this part.   History: En. Sec. 3, Ch. 363, L. 2005.
MT Code § 33-18-604 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 6. Montana Use of Credit Information in Personal Insurance|33-18-604. Definitions

  33-18-604. Definitions. For the purposes of this part, the following definitions apply:   (1) "Adverse action" means, in regard to the terms of coverage or amount of coverage of any insurance, existing or applied for, in connection with the underwriting of personal insurance, any of the following:   (a) denial, nonrenewal, or cancellation of coverage;   (b) an increase in any charge for coverage;   (c) failure to give an otherwise available credit-related discount; or   (d) a reduction or any other adverse or unfavorable change in the terms of coverage or the amount of coverage.   (2) "Affiliate" means a company that controls, is controlled by, or is under common control with another company.   (3) "Applicant" means an individual who has applied to be covered by a personal insurance policy with an insurer.   (4) "Consumer" means an insured whose credit information is used or whose insurance score is calculated in the underwriting or rating of a personal insurance policy or of an applicant for a personal insurance policy.   (5) "Consumer reporting agency" means any entity that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.   (6) "Credit information" means any credit-related information derived from a credit report, found on a credit report itself, or provided on an application for personal insurance. Information that is not credit-related may not be considered credit information regardless of whether it is contained in a credit report or in an application or is used to calculate an insurance score.   (7) "Credit report" means any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity that is used or expected to be used or collected in whole or in part for the purpose of serving as a factor to determine personal insurance premiums, eligibility for coverage, or tier placement.   (8) "Insurance score" means a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit information for the purposes of predicting the future insurance loss exposure of an individual applicant or insured.   History: En. Sec. 4, Ch. 363, L. 2005.
MT Code § 33-18-606 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 6. Montana Use of Credit Information in Personal Insurance|33-18-606. Dispute resolution and error correction

  33-18-606. Dispute resolution and error correction. If it is determined through the dispute resolution process set forth in the federal Fair Credit Reporting Act, 15 U.S.C. 1681i(a)(5), that the credit information of a current insured was incorrect or incomplete and if the insurer receives notice of that determination from either the consumer reporting agency or the insured, the insurer shall reunderwrite and rerate the consumer within 30 days of receiving the notice. After reunderwriting or rerating the insured, the insurer shall make any adjustments necessary consistent with its underwriting and rating guidelines. If an insurer determines that the insured has overpaid the premium, the insurer shall refund to the insured the amount of overpayment calculated back to the shorter of either the last 12 months of coverage or the actual policy period.   History: En. Sec. 6, Ch. 363, L. 2005.
MT Code § 33-18-607 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 6. Montana Use of Credit Information in Personal Insurance|33-18-607. Initial notification

  33-18-607. Initial notification. (1) If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or its agent shall disclose, either on the insurance application or at the time that the insurance application is taken, that it may obtain credit information in connection with the application. The disclosure must be either written or provided to an applicant in the same medium as the application for insurance. The insurer does not have to provide the disclosure statement required under this section to any insured on a renewal policy if the consumer has previously been provided a disclosure statement.   (2) Use of the following disclosure statement constitutes compliance with this section: "In connection with this application for insurance, we may review your credit report or obtain or use a credit-based insurance score based on the information contained in that credit report. We may use a third party in connection with the development of your insurance score."   History: En. Sec. 7, Ch. 363, L. 2005.
MT Code § 33-18-608 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 6. Montana Use of Credit Information in Personal Insurance|33-18-608. Adverse action notification

  33-18-608. Adverse action notification. If an insurer takes an adverse action based upon credit information, the insurer shall:   (1) provide notification to the consumer that an adverse action has been taken, in accordance with the requirements of the federal Fair Credit Reporting Act, 15 U.S.C. 1681m(a); and   (2) provide notification to the consumer explaining the reason for the adverse action. The reasons must be provided in sufficiently clear and specific language so that a person can identify the basis for the insurer's decision to take an adverse action. The notification must include a description of up to four factors that were the primary influences of the adverse action. The use of generalized terms, such as "poor credit history", "poor credit rating", or "poor insurance score", does not meet the explanation requirements of this subsection. Standardized credit explanations provided by consumer reporting agencies or other third-party vendors are considered to comply with this section.   History: En. Sec. 8, Ch. 363, L. 2005.
MT Code § 33-18-609 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 6. Montana Use of Credit Information in Personal Insurance|33-18-609. Filing

  33-18-609. Filing. (1) Insurers that use insurance scores to underwrite or rate risks shall file their scoring models or other scoring processes with the commissioner. A third party may file scoring models on behalf of insurers.   (2) A filing relating to credit information is considered a trade secret under the laws of this state.   History: En. Sec. 9, Ch. 363, L. 2005; amd. Sec. 21, Ch. 151, L. 2017.
MT Code § 33-18-610 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 6. Montana Use of Credit Information in Personal Insurance|33-18-610. Indemnification

  33-18-610. Indemnification. An insurer shall indemnify, defend, and hold insurance producers harmless from and against all liability, fees, and costs arising out of or relating to the actions, errors, or omissions of an insurance producer that obtains or uses credit information or insurance scores for an insurer if the insurance producer follows the instructions of or procedures established by the insurer and complies with any applicable law or regulation. This section may not be construed to provide a consumer or other insured with a cause of action that does not exist in the absence of this section.   History: En. Sec. 10, Ch. 363, L. 2005.
MT Code § 33-18-611 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 6. Montana Use of Credit Information in Personal Insurance|33-18-611. Sale of policy term information by consumer reporting agency

  33-18-611. Sale of policy term information by consumer reporting agency. (1) A consumer reporting agency may not provide or sell data or lists that include any information that in whole or in part was submitted in conjunction with an insurance inquiry about a consumer's credit information or a request for a credit report or insurance score. This information includes but is not limited to the expiration dates of an insurance policy or any other information that may identify time periods during which a consumer's insurance may expire and the terms and conditions of the consumer's insurance coverage.   (2) The restrictions provided in subsection (1) do not apply to data or lists that the consumer reporting agency supplies to the insurance producer from whom information was received, the insurer on whose behalf the insurance producer acted, or the insurer's affiliates or holding companies.   (3) This section may not be construed to restrict any insurer from being able to obtain a claims history report or a motor vehicle report.   History: En. Sec. 11, Ch. 363, L. 2005.
MT Code § 33-18-612 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 6. Montana Use of Credit Information in Personal Insurance|33-18-612. Refund for expunged record

  33-18-612. Refund for expunged record. An insurance company that charges an additional premium based on insurance points assessed against a policyholder as a result of a charge or conviction that was expunged because of identity theft pursuant to 46-24-219 shall refund the additional premiums to the policyholder upon notification and verification of the expungement.   History: En. Sec. 5, Ch. 195, L. 2007.
MT Code § 33-18-901 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 9. Restrictions on Use of Genetic Information|33-18-901. Definitions

  33-18-901. Definitions. Unless the context indicates otherwise, the following definitions apply to this part:   (1) "Genetic information" means, unless otherwise provided by Public Law 104-191, information derived from genetic testing or medical evaluation to determine the presence or absence of variations or mutations, including carrier status, in an individual's genetic material or genes that are scientifically or medically believed to cause a disease, disorder, or syndrome or are associated with a statistically increased risk of developing a disease, disorder, or syndrome that is asymptomatic at the time of testing.   (2) "Genetic testing" or "genetic test" means a test used to diagnose a presymptomatic genetic factor, including analysis of human deoxyribonucleic acid or ribonucleic acid, chromosomes, proteins, or metabolites. The term does not include a routine physical examination or a chemical, blood, or urine analysis, unless conducted or analyzed purposefully or knowingly to obtain genetic information, or a family history.   (3) "Genetic trait" means any medically or scientifically identified genetic factor, known or presumed to be present in the individual or a biological relative but not presently associated with any manifestations of the disorder in the individual, that could cause a disorder or be statistically associated with an increased risk of development of a disorder.   (4) "Group policy" includes:   (a) the group insurance program authorized by Title 2, chapter 18, part 7;   (b) the state employee group insurance program required by Title 2, chapter 18, part 8; and   (c) a self-funded multiple employer welfare arrangement that is not regulated pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001, et seq.   History: En. Sec. 3, Ch. 334, L. 1999.
MT Code § 33-18-902 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 9. Restrictions on Use of Genetic Information|33-18-902. Requirement for genetic testing -- limitations

  33-18-902. Requirement for genetic testing -- limitations. (1) An insurer, health service corporation, health maintenance organization, fraternal benefit society, or other issuer of an individual or group policy or certificate of insurance may not require an individual to obtain a genetic test unless the test is otherwise required by law for reasons including but not limited to the following:   (a) to establish parentage;   (b) to determine the presence of metabolic disorders in a newborn by testing conducted pursuant to newborn screening and protocols;   (c) in connection with a criminal investigation or prosecution; or   (d) for remains identification.   (2) This section does not apply to transactions of life, disability income, or long-term care insurance.   History: En. Sec. 4, Ch. 334, L. 1999.
MT Code § 33-18-903 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 9. Restrictions on Use of Genetic Information|33-18-903. Discrimination on basis of genetic traits prohibited

  33-18-903. Discrimination on basis of genetic traits prohibited. (1) Unless otherwise required by law, an insurer, health service corporation, health maintenance organization, fraternal benefit society, or other issuer of an individual or group policy or certificate of insurance may not, on the basis of a person's genetic traits:   (a) fail or refuse to accept an application for a policy or certificate of insurance;   (b) fail or refuse to issue a policy or certificate of insurance to an applicant;   (c) cancel a policy or certificate of insurance;   (d) refuse to renew a policy or certificate of insurance;   (e) charge a higher rate or premium for a policy or certificate of insurance; or   (f) offer or provide different terms, conditions, or benefits or place a limitation on coverage under a policy or certificate of insurance.   (2) An insurer, health service corporation, health maintenance organization, fraternal benefit society, or other issuer of an individual or group policy or certificate of insurance may not underwrite or condition coverage on the basis of:   (a) a requirement or agreement that the individual undergo genetic testing; or   (b) genetic information about a member of the individual's family.   (3) Discrimination may not be made in the fees or commissions of agents or brokers for writing or renewing an individual or group policy of insurance on the basis of an individual's genetic traits.   (4) This section does not apply to transactions of life, disability income, or long-term care insurance.   (5) This section does not prohibit an insurer, health service corporation, health maintenance organization, fraternal benefit society, or other issuer of an individual or group policy or certificate of insurance from discriminating as otherwise allowed by law on the basis of other factors unrelated to genetic traits.   History: En. Sec. 5, Ch. 334, L. 1999.
MT Code § 33-18-904 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 9. Restrictions on Use of Genetic Information|33-18-904. Seeking genetic information for nontherapeutic purposes prohibited

  33-18-904. Seeking genetic information for nontherapeutic purposes prohibited. (1) An insurer, health service corporation, health maintenance organization, fraternal benefit society, or other issuer of an individual or group policy or certificate of insurance may not seek genetic information about an individual for a purpose that is:   (a) unrelated to assessing or managing the individual's current health;   (b) inappropriate in an asymptomatic individual; or   (c) unrelated to research in which a subject is not personally identifiable.   (2) This section does not apply to transactions of life, disability income, or long-term care insurance.   History: En. Sec. 6, Ch. 334, L. 1999.
MT Code § 33-18-1001 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 10. Enforcement|33-18-1001. Complaint handling -- record

  33-18-1001. Complaint handling -- record. (1) An insurer shall maintain a complete record of all the complaints which it has received since the date of its last examination under 33-1-401. This record shall indicate the total number of complaints, their classification by line of insurance, the nature of each complaint, the disposition of the complaints, and the time it took to process each complaint.   (2) For purposes of this section, "complaint" means any written communication primarily expressing a grievance.   History: En. 40-3502.2 by Sec. 2, Ch. 320, L. 1977; R.C.M. 1947, 40-3502.2.
MT Code § 33-18-1002 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 10. Enforcement|33-18-1002. Power of commissioner to examine insurers

  33-18-1002. Power of commissioner to examine insurers. The commissioner may examine and investigate the affairs of every person engaged in the business of insurance in this state in order to determine whether such person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by this chapter.   History: En. 40-3502.3 by Sec. 3, Ch. 320, L. 1977; R.C.M. 1947, 40-3502.3.