reglab/housing_qa huggingface dataset:
MT Code § 33-1-411 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 4. Examinations by Department|33-1-411. Destruction of records -- hindrance of examination -- penalty

  33-1-411. Destruction of records -- hindrance of examination -- penalty. A director, officer, agent, or employee of a company who for the purpose of hindering any examination conducted pursuant to this part destroys any books, records, or documents required to be kept by law shall be punished by a fine as provided in 33-1-317. After notice and hearing in accordance with Title 33, chapter 1, part 7, the commissioner may revoke the certificate of authority of the company.   History: En. Sec. 35, Ch. 286, L. 1959; amd. Sec. 1, Ch. 28, L. 1967; R.C.M. 1947, 40-2716(3); amd. Sec. 6, Ch. 198, L. 1979; amd. Sec. 11, Ch. 472, L. 1999.
MT Code § 33-1-412 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 4. Examinations by Department|33-1-412. Repealed

  33-1-412. Repealed. Sec. 71, Ch. 596, L. 1993.   History: En. Sec. 35, Ch. 286, L. 1959; amd. Sec. 1, Ch. 28, L. 1967; R.C.M. 1947, 40-2716(1), (2), (4) thru (7).
MT Code § 33-1-413 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 4. Examinations by Department|33-1-413. Examination expense -- lien

  33-1-413. Examination expense -- lien. (1) Upon presentation of a detailed account of charges and expenses by the commissioner or pursuant to the commissioner's written authorization, each person examined, other than examinations pursuant to 33-1-402, shall pay the actual travel expenses, a reasonable living expense allowance, and a per diem as compensation of examiners as necessarily incurred on account of the examination, all at reasonable rates as established or adopted by the commissioner. An account may be presented periodically during the course of the examination or at the termination of the examination as the commissioner considers proper. A person may not pay and an examiner may not accept any additional emolument on account of an examination.   (2) The commissioner shall pay to the state treasurer to the credit of the state special revenue fund all money received pursuant to subsection (1).   (3) If a person fails to pay the charges and expenses, as referred to in subsection (1), the charges and expenses must be paid out of the funds of the commissioner in the same manner as other disbursements of the funds. The amount paid is a first lien upon all of the assets and property in this state of the person and may be recovered by suit by the attorney general on behalf of the state of Montana and restored to the appropriate fund.   History: En. Sec. 36, Ch. 286, L. 1959; amd. Sec. 72, Ch. 147, L. 1963; R.C.M. 1947, 40-2717; amd. Sec. 96, Ch. 379, L. 1995.
MT Code § 33-1-502 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 5. Approval of Forms|33-1-502. Grounds for disapproval

  33-1-502. Grounds for disapproval. The commissioner shall disapprove any form filed under 33-1-501 or withdraw any previous approval of a form only if the form:   (1) is in any respect in violation of or does not comply with the laws of this state;   (2) contains or incorporates by reference, where the incorporation is otherwise permissible, any inconsistent, ambiguous, or misleading clauses or exceptions and conditions that deceptively affect the risk purported to be assumed in the general coverage of the contract, including a provision in a casualty insurance form permitting defense costs within limits, except as permitted by the commissioner;   (3) has any title, heading, or other indication of its provisions that is misleading;   (4) is printed or otherwise reproduced in a manner that renders any provision of the form substantially illegible;   (5) contains any provision that violates the provisions of 49-2-309.   History: En. Sec. 272, Ch. 286, L. 1959; R.C.M. 1947, 40-3715; amd. Sec. 1, Ch. 122, L. 1987; amd. Sec. 10, Ch. 699, L. 1991; amd. Sec. 1065, Ch. 56, L. 2009; amd. Sec. 8, Ch. 151, L. 2017.
MT Code § 33-1-601 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 6. Service of Process|33-1-601. Repealed

  33-1-601. Repealed. Sec. 14, Ch. 60, L. 2019.   History: En. Sec. 63, Ch. 286, L. 1959; R.C.M. 1947, 40-2818(1), (3); amd. Sec. 19, Ch. 227, L. 2001; amd. Sec. 1, Ch. 271, L. 2009.
MT Code § 33-1-602 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 6. Service of Process|33-1-602. Repealed

  33-1-602. Repealed. Sec. 14, Ch. 60, L. 2019.   History: En. Sec. 63, Ch. 286, L. 1959; R.C.M. 1947, 40-2818(2); amd. Sec. 1066, Ch. 56, L. 2009.
MT Code § 33-1-603 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 6. Service of Process|33-1-603. Repealed

  33-1-603. Repealed. Sec. 14, Ch. 60, L. 2019.   History: En. Sec. 64, Ch. 286, L. 1959; amd. Sec. 1, Ch. 321, L. 1977; R.C.M. 1947, 40-2819; amd. Sec. 1067, Ch. 56, L. 2009.
MT Code § 33-1-604 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 6. Service of Process|33-1-604. Service of process -- domestic insurer

  33-1-604. Service of process -- domestic insurer. (1) Service of process against a domestic insurer must be made pursuant to 35-7-113 or in any other manner permitted by law.   (2) Service of process against a domestic reciprocal insurer must be on the attorney-in-fact or in any other manner permitted by law.   History: En. Sec. 1, Ch. 60, L. 2019.
MT Code § 33-1-605 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 6. Service of Process|33-1-605. Service of process -- foreign or alien insurer -- appointment of registered agent

  33-1-605. Service of process -- foreign or alien insurer -- appointment of registered agent. (1) A foreign or alien insurer that transacts any business in this state must have a registered agent upon whom any legal process, notice, or demand required or permitted by law to be served upon a company must be served. The agent must be a person who either resides or maintains a business address in this state.   (2) The written appointment of an agent must be provided to the commissioner in a form prescribed by the commissioner, and must, at minimum, include a consent to service of process and the official name and address of the agent and the insurer represented.   (3) The commissioner shall keep a record of the foreign and alien insurers transacting business in Montana and the name and address of their registered agents. This record must be made public in a readily accessible form prescribed by the commissioner.   (4) Service by certified mail to a registered agent listed for an insurer constitutes service of legal process upon that insurer.   (5) An insurer may revoke the appointment of an agent by filing with the commissioner a written appointment of another agent and a statement that the appointment of the former agent is revoked. The authority of the agent whose appointment has been revoked terminates 30 days after the notice is received by the commissioner.   (6) When a foreign or alien insurer ceases to do business in this state, the agent last designated by or acting for the insurer is deemed to continue as agent for it unless a new agent is appointed. Service by certified mail upon any such agent constitutes service of legal process upon the insurer.   (7) Each insurer shall include a fee of $10 with any initial appointment, change of agent appointment, or change of address. The fee is waived for an insurer filing an agent appointment with an original application for a certificate of authority or an annual renewal.   (8) This section does not limit or affect the right to serve any process, notice, or demand upon an insurer in any other manner permitted by law.   (9) When legal process is served pursuant to this section, the insurer must appear, answer, or plead within 30 days, exclusive of the date of mailing, after the date of the certified mailing or be subject to the laws of this state regarding default judgment.   (10) For the purposes of this section:   (a) "certified mail" means a method of sending by common carrier with tracking capability; and   (b) "legal process" means a summons and complaint.   History: En. Sec. 2, Ch. 60, L. 2019.
MT Code § 33-1-606 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 6. Service of Process|33-1-606. Service of process by commissioner

  33-1-606. Service of process by commissioner. (1) If a registered agent cannot be found for a foreign or alien insurer doing business in this state, if the agent of record is no longer at the agent's listed address, if the insurer has failed to maintain an agent as required by 33-1-605, or for other good cause shown for which a person's rights may be adversely affected by inability to serve an insurer, a person desiring to serve legal process, notice, or demand may initiate service on the commissioner by providing to the commissioner all of the following:   (a) an affidavit stating that one of the conditions in subsection (1) exists and stating the most recent address of the insurer that the person, after diligent search, has been able to ascertain;   (b) two copies of the document to be served on the insurer; and   (c) a filing fee of $50.   (2) If the requirements of subsection (1) have been met, the commissioner shall promptly serve the legal process, notice, or demand by certified mail to the foreign or alien insurer at its principal office as shown in the commissioner's records. Service by the commissioner upon the insurer by certified mail constitutes service of legal process on that insurer. The commissioner shall maintain a record of each process, notice, or demand the commissioner serves under this section.   (3) When legal process is served pursuant to this section, the insurer must appear, answer, or plead within 30 days, exclusive of the date of mailing, after the date of the certified mailing or be subject to the laws of this state regarding default judgment.   (4) For purposes of this section:   (a) "certified mail" means a method of sending by common carrier with tracking capability; and   (b) "legal process" means a summons and complaint.   History: En. Sec. 3, Ch. 60, L. 2019.
MT Code § 33-1-607 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 6. Service of Process|33-1-607. through 33-1-610 reserved

  33-1-607 through 33-1-610 reserved.
MT Code § 33-1-611 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 6. Service of Process|33-1-611. Unauthorized Insurers Process Act -- interpretation

  33-1-611. Unauthorized Insurers Process Act -- interpretation. (1) Sections 33-1-611 through 33-1-616 constitute and may be cited as the "Unauthorized Insurers Process Act".   (2) Such act shall be so interpreted as to effectuate its general purpose to make uniform the law of those states which enact it.   History: En. Sec. 178, Ch. 286, L. 1959; R.C.M. 1947, 40-3403.
MT Code § 33-1-612 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 6. Service of Process|33-1-612. Commissioner -- process agent for unauthorized insurer doing business in state

  33-1-612. Commissioner -- process agent for unauthorized insurer doing business in state. Delivery, effectuation, or solicitation of any insurance contract, by mail or otherwise, within this state by an unauthorized insurer or the performance within this state of any other service or transaction connected with the insurance by or on behalf of the insurer must be considered to constitute an appointment by the insurer of the commissioner and the commissioner's successors in office as its attorney, upon whom may be served all lawful process issued within this state in any action or proceeding against the insurer arising out of any contract or transaction and must be considered to signify the insurer's agreement that any service of process has the same legal effect and validity as personal service of process upon it in this state.   History: En. Sec. 179, Ch. 286, L. 1959; R.C.M. 1947, 40-3404; amd. Sec. 1068, Ch. 56, L. 2009.
MT Code § 33-1-613 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 6. Service of Process|33-1-613. Service of process -- criteria mandating designation of commissioner

  33-1-613. Service of process -- criteria mandating designation of commissioner. (1) Service of process upon any insurer pursuant to 33-1-612 must be made by delivering to and leaving with the commissioner or some person in apparent charge of the commissioner's office two copies of the process and the payment to the commissioner of the same fee as provided in 33-1-606. The commissioner shall mail by certified mail one of the copies of the process to the defendant at its principal place of business last known to the commissioner and shall keep a record of any process served upon the commissioner. The service of process is sufficient if notice of the service and a copy of the process are sent within 10 days by certified mail by the plaintiff's attorney to the defendant at its last-known principal place of business and the defendant's receipt or receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff's attorney showing a compliance with this section are filed with the clerk of the court in which the action is pending on or before the date the defendant is required to appear or within further time that the court may allow.   (2) Service of process in any action, suit, or proceeding must in addition to the manner provided in subsection (1) be valid if:   (a) served upon any person within this state who in this state on behalf of the insurer is:   (i) soliciting insurance;   (ii) making any contract of insurance or issuing or delivering any policies or written contracts of insurance; or   (iii) collecting or receiving any premium for insurance;   (b) a copy of the process is sent within 10 days by certified mail by the plaintiff's attorney to the defendant at the last-known principal place of business of the defendant; and   (c) the defendant's receipt or the receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff's attorney showing a compliance with this section are filed with the clerk of the court in which the action is pending on or before the date the defendant is required to appear or within further time that the court may allow.   (3) A plaintiff or complainant may not be entitled to a judgment by default under this section until the expiration of 30 days from the date of the filing of the affidavit of compliance.   (4) This section does not limit or abridge the right to serve any process, notice, or demand upon any insurer in any other manner now or later permitted by law.   History: En. 40-3405 by Sec. 180, Ch. 286, L. 1975; R.C.M. 1947, 40-3405; amd. Sec. 1069, Ch. 56, L. 2009; amd. Sec. 4, Ch. 60, L. 2019.
MT Code § 33-1-614 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 6. Service of Process|33-1-614. Exemptions from service of process provisions

  33-1-614. Exemptions from service of process provisions. Sections 33-1-611 through 33-1-613 shall not apply to:   (1) surplus lines insurance lawfully effectuated under part 3, chapter 2;   (2) reinsurance; or   (3) any action or proceeding against an unauthorized insurer arising out of:   (a) wet marine and transportation insurance;   (b) insurance on or with respect to subjects located, resident, or to be performed wholly outside this state or on or with respect to vehicles or aircraft owned and principally garaged outside this state;   (c) insurance on property or operations of railroads engaged in interstate commerce; or   (d) insurance on aircraft or cargo of such aircraft or against liability, other than employer's liability, arising out of the ownership, maintenance, or use of such aircraft, where the policy or contract contains a provision designating the commissioner as its attorney for the acceptance of service of lawful process in any action or proceeding instituted by or on behalf of an insured or beneficiary arising out of any such policy or where the insurer enters a general appearance in any such action.   History: En. Sec. 181, Ch. 286, L. 1959; R.C.M. 1947, 40-3406; amd. Sec. 23, Ch. 537, L. 1987.
MT Code § 33-1-615 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 6. Service of Process|33-1-615. Defense of action by unauthorized insurer

  33-1-615. Defense of action by unauthorized insurer. (1) Before an unauthorized insurer shall file or cause to be filed any pleading in any action or proceeding instituted against it under 33-1-612 and 33-1-613, such insurer shall:   (a) procure a certificate of authority to transact insurance in this state; or   (b) deposit with the clerk of the court in which such action or proceeding is pending cash or securities or file with such clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in such action. The court may in its discretion make an order dispensing with such deposit or bond where the insurer makes a showing satisfactory to the court that it maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such action or proceeding and that the insurer will pay any final judgment entered therein without requiring suit to be brought on such judgment in the state where such funds or securities are located.   (2) The court in any action or proceeding in which service is made in the manner provided in 33-1-613 may, in its discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (1) above and to defend such action.   (3) Nothing in subsection (1) above is to be construed to prevent an unauthorized insurer from filing a motion to quash or to set aside the service of any process made in the manner provided in 33-1-613 hereof, on the ground either:   (a) that such unauthorized insurer has not done any of the acts enumerated in 33-1-612; or   (b) that the person on whom service was made pursuant to 33-1-613(2) was not doing any of the acts therein enumerated.   History: En. Sec. 182, Ch. 286, L. 1959; R.C.M. 1947, 40-3407.
MT Code § 33-1-616 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 6. Service of Process|33-1-616. Attorney's fee

  33-1-616. Attorney's fee. In any action against an unauthorized insurer under this Unauthorized Insurers Process Act, if the insurer has failed for 30 days after demand prior to the commencement of the action to make payment in accordance with the terms of the insurance contract and it appears to the court that such refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney's fee and include such fee in any judgment that may be rendered in such action. The fee shall not exceed one-third of the amount which the court or jury finds the plaintiff is entitled to recover against the insurer, but in no event shall such fee be less than $100. Failure of an insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.   History: En. Sec. 183, Ch. 286, L. 1959; R.C.M. 1947, 40-3408.
MT Code § 33-1-701 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 7. Hearings and Appeals|33-1-701. Hearings -- discretion -- written demand -- procedure

  33-1-701. Hearings -- discretion -- written demand -- procedure. (1) The commissioner may hold hearings for any purpose within the scope of this code considered necessary. Hearing procedures contained in Title 33, chapter 1, apply only to Title 33, except as otherwise provided.   (2) A person may provide the commissioner with a written demand for a hearing. A written demand must specify the grounds relied upon as a basis for the relief sought at the hearing. If the commissioner does not issue an order granting a person's request for a hearing within 30 days of receiving a request, the hearing is considered refused.   (3) All hearings must be conducted pursuant to the Montana Administrative Procedure Act, as provided in Title 2, chapter 4, part 6. Any supplemental hearing procedures may be adopted by administrative rule.   History: En. Sec. 39, Ch. 286, L. 1959; R.C.M. 1947, 40-2720; amd. Sec. 1, Ch. 331, L. 1999; amd. Sec. 20, Ch. 227, L. 2001; amd. Sec. 6, Ch. 63, L. 2015.
MT Code § 33-1-702 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 7. Hearings and Appeals|33-1-702. Repealed

  33-1-702. Repealed. Sec. 73, Ch. 227, L. 2001.   History: En. Sec. 40, Ch. 286, L. 1959; R.C.M. 1947, 40-2721.
MT Code § 33-1-703 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 7. Hearings and Appeals|33-1-703. Repealed

  33-1-703. Repealed. Sec. 73, Ch. 227, L. 2001.   History: En. Sec. 41, Ch. 286, L. 1959; R.C.M. 1947, 40-2722.
MT Code § 33-1-704 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 7. Hearings and Appeals|33-1-704. Repealed

  33-1-704. Repealed. Sec. 73, Ch. 227, L. 2001.   History: En. Sec. 42, Ch. 286, L. 1959; R.C.M. 1947, 40-2723(1) thru (5); amd. Sec. 7, Ch. 198, L. 1979; amd. Sec. 32, Ch. 457, L. 1987; amd. Sec. 32, Ch. 798, L. 1991.
MT Code § 33-1-705 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 7. Hearings and Appeals|33-1-705. Rehearing

  33-1-705. Rehearing. Upon written request of a party to a hearing filed with the commissioner within 30 days after any order made pursuant to the hearing has been mailed or delivered to the persons entitled to receive the order, the commissioner may grant a rehearing or reargument of the matters involved in the hearing.   History: En. Sec. 42, Ch. 286, L. 1959; R.C.M. 1947, 40-2723(6); amd. Sec. 7, Ch. 380, L. 2003.
MT Code § 33-1-706 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 1. Administration and General Provisions|Part 7. Hearings and Appeals|33-1-706. Repealed

  33-1-706. Repealed. Sec. 73, Ch. 227, L. 2001.   History: En. Sec. 43, Ch. 286, L. 1959; R.C.M. 1947, 40-2724.