reglab/housing_qa huggingface dataset:
MT Code § 33-24-302 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 24. Property Insurance|Part 3. Self-Storage Insurance Act|33-24-302. Definitions

  33-24-302. Definitions. As used in this part, the following definitions apply:  (1) "Authorized representative" means an individual authorized by an operator to sell or offer self-storage insurance coverage in accordance with this part.   (2) "Location" means any physical location in this state.   (3) (a) "Operator" means a business entity that is the owner, operator, lessor, or sublessor of a self-storage facility or an agent or another person authorized to manage the facility or to receive rent from a renter under a rental agreement.   (b) The term does not include a warehouse operator if the warehouse operator issues a warehouse receipt, bill of lading, or other document of title for the personal property stored. The operator may be a resident or nonresident of this state.   (4) "Personal property" means movable property not affixed to land.   (5) "Rental agreement" means a written agreement or lease that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of a leased space at a self-storage facility.   (6) "Renter" means a person entitled to the use of a leased space at a self-storage facility under a rental agreement or the person's successors or assigns.   (7) "Self-storage facility" means real property consisting of individual storage spaces in which a renter customarily stores and removes personal property on a self-service basis.   (8) "Self-storage insurance" means insurance offered in connection with and incidental to the rental of a leased space at a self-storage facility and which provides coverage to renters for the loss of or damage to personal property occurring at the facility or when the property is in transit to or from the facility during the term of the rental agreement. Self-storage insurance coverage may be offered on a month-to-month or other periodic basis under an individual, commercial, or group policy.   (9) "Supervising entity" means a business entity that is a licensed insurer or insurance producer that is authorized by a licensed insurer to supervise the administration of a self-storage insurance program.   History: En. Sec. 2, Ch. 121, L. 2021.
MT Code § 33-24-303 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 24. Property Insurance|Part 3. Self-Storage Insurance Act|33-24-303. Licensure of operators -- rulemaking

  33-24-303. Licensure of operators -- rulemaking. (1) An operator must hold a limited lines insurance producer license in order to sell or offer self-storage insurance coverage. An operator is not required to hold a license solely to display and make available to renters and prospective renters brochures and other promotional materials created by or on behalf of an authorized insurer.  (2) A license issued under this part authorizes the operator and the employees and authorized representatives of the operator to sell and offer self-storage insurance coverage to renters at each location at which the operator conducts business.   (3) The supervising entity shall maintain a registry of the locations where the operator sells or offers self-storage insurance coverage in this state. On request by the commissioner and with 10 days' notice to the supervising entity, the registry must be open to inspection and examination by the commissioner during regular business hours of the supervising entity.   (4) A license issued under this part authorizes the operator and its employees and authorized representatives to engage in those activities that are permitted in this part.   (5) Operators and their employees and authorized representatives are exempt from all prelicensing examination and continuing education requirements.   (6) The commissioner may adopt rules to implement the provisions of this part.   History: En. Sec. 3, Ch. 121, L. 2021.
MT Code § 33-24-304 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 24. Property Insurance|Part 3. Self-Storage Insurance Act|33-24-304. Brochures and materials explaining self-storage coverage

  33-24-304. Brochures and materials explaining self-storage coverage. (1) At each location where self-storage insurance coverage is offered to renters, written or electronic brochures or materials must be made available to renters that:  (a) disclose that self-storage insurance may provide a duplication of coverage already provided by a renter's homeowner's insurance policy, renter's insurance policy, or other source of coverage;   (b) state that the enrollment by the renter in a self-storage insurance program offered by the operator is not required in order to rent a leased space at the self-storage facility;   (c) provide a copy of the actual self-storage insurance coverage, or summarize the material terms of the insurance coverage, including:   (i) the identity of the insurer;   (ii) the identity of the supervising entity, if different from the insurer;   (iii) the amount of any applicable deductible and how it is to be met;   (iv) benefits of the coverage; and   (v) key terms and conditions of the coverage;   (d) summarize the process for filing a claim; and   (e) state that a renter that purchases self-storage insurance coverage may cancel the coverage at any time and that the person paying the premium must receive a refund of any applicable unearned premium.   (2) The written or electronic brochures or materials required by this section are not subject to filing with or approval by the commissioner.   History: En. Sec. 4, Ch. 121, L. 2021.
MT Code § 33-24-305 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 24. Property Insurance|Part 3. Self-Storage Insurance Act|33-24-305. Authority of operators

  33-24-305. Authority of operators. (1) An employee or authorized representative of an operator may sell and offer self-storage insurance coverage to a renter and is not subject to licensure as an insurance producer under this title provided that:  (a) the operator obtains a limited lines insurance producer license to authorize its employees or authorized representatives to sell and offer self-storage insurance coverage;   (b) the insurer issuing the self-storage insurance either directly supervises or appoints a supervising entity to supervise the administration of the program, including development of a training program for employees and authorized representatives of the operator. The training required by this subsection (1)(b) must comply with the following:   (i) the training must be delivered to employees and authorized representatives of an operator who are directly engaged in the activity of selling and offering self-storage insurance coverage;   (ii) if the training is provided in an electronic form, the supervising entity shall implement a supplemental education program regarding the self-storage insurance that is conducted and overseen by licensed insurance producers or adjusters; and   (iii) each employee and authorized representative who is directly engaged in the activity of selling and offering self-storage insurance must receive basic instruction about the self-storage insurance offered to renters and the disclosures required under 33-24-304(1); and   (c) employees and authorized representatives of an operator may not advertise, represent, or otherwise hold out to the public that they are nonlimited lines licensed insurance producers unless otherwise licensed.   (2) Employees or authorized representatives of an operator may not be compensated based primarily on the number of renters enrolled for self-storage insurance coverage but may receive compensation for activities under the limited lines insurance producer license that is incidental to their overall compensation.   (3) (a) The charges for self-storage insurance coverage may be billed and collected by the operator and its employees and authorized representatives. If billed by the operator, the charges for self-storage insurance coverage must be separately itemized on the renter's bill.   (b) Operators that are billing and collecting the charges are not required to maintain the funds in a segregated account if the operator is authorized by the insurer or supervising entity to hold the funds in an alternative manner and remits the premiums to the insurer or supervising entity within 60 days of receipt. All premiums received by an operator from a renter for the sale of self-storage insurance are considered funds held by the operator in a fiduciary capacity for the benefit of the insurer. Operators may receive compensation for billing and collection services.   History: En. Sec. 5, Ch. 121, L. 2021.
MT Code § 33-24-306 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 24. Property Insurance|Part 3. Self-Storage Insurance Act|33-24-306. Application for operator license -- fees

  33-24-306. Application for operator license -- fees. (1) An applicant for a license under this part shall file with the commissioner an application on forms prescribed by the commissioner. The applicant may be a resident or nonresident of this state.  (2) (a) The application must provide:   (i) the name, residence address, and other information required by the commissioner for an authorized representative of the operator or supervising entity that is designated by the applicant as the person responsible for the operator's compliance with the requirements of this part; and   (ii) the location of the operator's home office.   (b) If the operator derives more than 50% of its revenue from the sale of self-storage insurance, the information required by subsection (2)(a) must be provided for all officers, directors, and shareholders of record having beneficial ownership of 10% or more of any class of securities registered under federal securities law.   (3) Initial licenses issued under this part are valid for a period of 24 months.   (4) Each operator licensed under this part shall pay to the commissioner a fee determined by the commissioner as follows:   (a) for an operator that sells self-storage insurance at 10 or fewer locations in the state, the fee may not exceed $100 for an initial license or for each renewal; and   (b) for an operator that sells self-storage insurance at more than 10 locations in the state, the fee may not exceed $250 for an initial license or $100 for each renewal.   History: En. Sec. 6, Ch. 121, L. 2021.
MT Code § 33-24-307 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 24. Property Insurance|Part 3. Self-Storage Insurance Act|33-24-307. Suspension or revocation of operator license

  33-24-307. Suspension or revocation of operator license. If an operator or its employee or authorized representative violates any provision of this part, the commissioner may do any of the following after notice and the opportunity for a hearing:  (1) impose fines not to exceed $500 for each violation or $5,000 in the aggregate for violations; or   (2) impose other penalties that the commissioner considers reasonable to carry out the purpose of this part, including:   (a) suspending the privilege of transacting self-storage insurance under this part at specific business locations where violations have occurred; or   (b) suspending or revoking the ability of individual employees or authorized representatives to act under the license.   History: En. Sec. 7, Ch. 121, L. 2021.
MT Code § 33-25-101 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 25. Montana Title Insurance Act|Part 1. General Provisions|33-25-101. Renumbered 33-25-211

  33-25-101. Renumbered 33-25-211. Code Commissioner, 1985.
MT Code § 33-25-102 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 25. Montana Title Insurance Act|Part 1. General Provisions|33-25-102. Renumbered 33-25-212

  33-25-102. Renumbered 33-25-212. Code Commissioner, 1985.
MT Code § 33-25-103 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 25. Montana Title Insurance Act|Part 1. General Provisions|33-25-103. Repealed

  33-25-103. Repealed. Sec. 22, Ch. 519, L. 1985.   History: En. Sec. 415, Ch. 286, L. 1959; R.C.M. 1947, 40-4601; amd. Sec. 2, Ch. 84, L. 1983.
MT Code § 33-25-104 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 25. Montana Title Insurance Act|Part 1. General Provisions|33-25-104. Short title

  33-25-104. Short title. This chapter may be cited as the "Montana Title Insurance Act".   History: En. Sec. 1, Ch. 519, L. 1985.
MT Code § 33-25-106 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 25. Montana Title Insurance Act|Part 1. General Provisions|33-25-106. Application

  33-25-106. Application. (1) This chapter applies to all title insurers, title insurance rating organizations, title insurance producers, applicants for title insurance, title insurance policyholders, and all other persons engaged in title insurance business in this state.   (2) This chapter does not authorize the practice of law by a person who is not licensed to practice law in this state, and this chapter does not authorize the commissioner to regulate the practice of law.   History: En. Sec. 3, Ch. 519, L. 1985; amd. Sec. 3, Ch. 713, L. 1989.
MT Code § 33-25-107 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 25. Montana Title Insurance Act|Part 1. General Provisions|33-25-107. through 33-25-110 reserved

  33-25-107 through 33-25-110 reserved.
MT Code § 33-25-111 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 25. Montana Title Insurance Act|Part 1. General Provisions|33-25-111. Abstracts of title distinguished from title insurance policy and preliminary report

  33-25-111. Abstracts of title distinguished from title insurance policy and preliminary report. (1) A title insurance policy is not an abstract of title or representation as to the condition of title to the stated property.   (2) A preliminary report is not an abstract of title. The rights, duties, and liabilities applicable to the preparation and issuance of an abstract of title are not applicable to the issuance of a preliminary report. A preliminary report does not constitute a representation as to the condition of title to real property, but constitutes a statement of the terms and conditions upon which the issuer is willing to issue its title insurance policy.   History: En. Sec. 4, Ch. 519, L. 1985.
MT Code § 33-25-202 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 25. Montana Title Insurance Act|Part 2. Powers and Duties of Title Insurers|33-25-202. Sharing of rate proceeds

  33-25-202. Sharing of rate proceeds. Title insurers and insurance producers may share rate proceeds between or among themselves in any combination and may accept commissions as provided in 33-17-1103, unless the sharing of rate proceeds is an unlawful rebate or inducement under this title or is a payment of a forwarding fee or finders fee.   History: En. Sec. 11, Ch. 519, L. 1985; amd. Sec. 61, Ch. 713, L. 1989.
MT Code § 33-25-203 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 25. Montana Title Insurance Act|Part 2. Powers and Duties of Title Insurers|33-25-203. through 33-25-210 reserved

  33-25-203 through 33-25-210 reserved.
MT Code § 33-25-211 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 25. Montana Title Insurance Act|Part 2. Powers and Duties of Title Insurers|33-25-211. Guaranty fund -- investments

  33-25-211. Guaranty fund -- investments. (1) A title insurer shall establish and maintain the guaranty fund required under 33-2-517 and may invest in necessary plant and equipment and in other investments as authorized under this section.   (2) In addition to other investments eligible under this part, a title insurer may invest and have invested an amount not exceeding 50% of its paid-in capital stock in its title plant, in equipment, and with the commissioner's consent, in stock of abstract companies and of title insurance producers.   (3) Investments authorized by this section may not be credited against the insurer's required guaranty fund or unearned premium reserve provided for under 33-2-517.   (4) A title plant and equipment may not be allowed as an asset in any determination of the insurer's financial condition at a value greater than actual cost.   History: En. Sec. 417, Ch. 286, L. 1959; R.C.M. 1947, 40-4603; Sec. 33-25-101, MCA 1983; redes. 33-25-211 by Code Commissioner, 1985; amd. Sec. 47, Ch. 304, L. 1999.
MT Code § 33-25-212 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 25. Montana Title Insurance Act|Part 2. Powers and Duties of Title Insurers|33-25-212. Rates filed with commissioner

  33-25-212. Rates filed with commissioner. (1) A title insurer shall file with the commissioner a complete schedule of rates to be charged by it for title insurance as to property located in this state. The rates must be all-inclusive of the total charge for insurance as specified in the policy and must be accompanied by supporting data.   (2) A rate may not be excessive, inadequate, or unreasonably discriminatory.   (3) A title insurer may not quote or charge any rate for title insurance other than the applicable rate previously filed by it with the commissioner.   History: En. Sec. 416, Ch. 286, L. 1959; R.C.M. 1947, 40-4602; amd. Sec. 27, Ch. 303, L. 1981; Sec. 33-25-102, MCA 1983; redes. 33-25-212 by Code Commissioner, 1985; amd. Sec. 20, Ch. 399, L. 2007.
MT Code § 33-25-213 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 25. Montana Title Insurance Act|Part 2. Powers and Duties of Title Insurers|33-25-213. Limitations on authority

  33-25-213. Limitations on authority. (1) An insurer that transacts or is licensed to transact a class or kind of insurance other than title insurance is not eligible for the issuance or renewal of a license to transact the business of title insurance in this state and may not transact, underwrite, or issue title insurance. An insurer authorized to transact any combination of kinds of insurance, including title insurance, under an existing certificate of authority may continue to do so until the certificate of authority is renewed effective June 1, 1986.   (2) A title insurer may not engage in the business of guaranteeing payment of the principal or interest of bonds or mortgages.   (3) A title insurer may not engage in the business of guaranteeing the obligations of other persons, except its title insurance producers or approved attorneys in the normal course of its business.   History: En. Sec. 5, Ch. 519, L. 1985; amd. Sec. 3, Ch. 713, L. 1989.
MT Code § 33-25-214 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 25. Montana Title Insurance Act|Part 2. Powers and Duties of Title Insurers|33-25-214. Underwriting standards -- record retention

  33-25-214. Underwriting standards -- record retention. (1) A title insurer may not issue a title insurance policy unless it, its title insurance producer, or an approved attorney has conducted a reasonable search and examination of the title and made a determination of insurability of title in accordance with sound underwriting practices. The title insurer or title insurance producer shall preserve and retain in its files evidence of the examination of title and determination of insurability. The title insurer or title insurance producer may keep original evidence or may establish in the regular course of business a system of recording, copying, or reproducing evidence by any process that accurately and legibly reproduces, or forms a durable medium for reproducing, the contents of the original.   (2) Subsection (1) does not apply to:   (a) a title insurer assuming liability through a contract of reinsurance; or   (b) a title insurer acting as coinsurer if one of the other coinsuring title insurers has complied with subsection (1).   (3) Except as allowed by rules adopted by the commissioner, a title insurer or title insurance producer may not knowingly issue any title insurance product or commitment to insure unless all outstanding enforceable recorded liens or other interests against the property title to be insured are shown.   (4) An insurer issuing a policy in violation of this section is estopped, as a matter of law, to deny the validity of the policy as to any claim or demand of the insured arising under the policy.   History: En. Sec. 6, Ch. 519, L. 1985; amd. Sec. 62, Ch. 713, L. 1989; amd. Sec. 21, Ch. 399, L. 2007.
MT Code § 33-25-215 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 25. Montana Title Insurance Act|Part 2. Powers and Duties of Title Insurers|33-25-215. Report of claims

  33-25-215. Report of claims. A title insurance producer must immediately report every loss claim to the title insurer that issued the policy against which the claim is presented.   History: En. Sec. 9, Ch. 519, L. 1985; amd. Sec. 3, Ch. 713, L. 1989.
MT Code § 33-25-216 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 25. Montana Title Insurance Act|Part 2. Powers and Duties of Title Insurers|33-25-216. Notice of issuance of mortgagee policy

  33-25-216. Notice of issuance of mortgagee policy. (1) A title insurer or title insurance producer that issues a mortgagee's policy of title insurance on a loan made simultaneous to the purchase of all or part of the property securing the loan, when an owner's policy has not been ordered, shall inform the borrower in writing that the mortgagee's policy is to be issued, that the mortgagee's policy does not protect the borrower, and that the borrower may obtain an owner's title insurance policy for the borrower's protection. This notice must be provided, on a form prescribed by the commissioner, before issuance of the mortgagee's policy.   (2) If the borrower elects not to purchase an owner's title insurance policy, the title insurer or title insurance producer shall obtain from the borrower a statement in writing that the notice has been received and that the borrower waives the right to purchase an owner's title insurance policy. If the buyer refuses to provide the statement and waiver, the title insurer or title insurance producer shall indicate the refusal in the file. The statement and waiver must be on a form prescribed by the commissioner and must be retained by the title insurer or title insurance producer for at least 5 years after receipt.   History: En. Sec. 15, Ch. 519, L. 1985; amd. Sec. 3, Ch. 713, L. 1989; amd. Sec. 1237, Ch. 56, L. 2009.