reglab/housing_qa huggingface dataset:
MT Code § 33-18-1003 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 10. Enforcement|33-18-1003. Undefined unfair practices -- procedures for determining and restraining

  33-18-1003. Undefined unfair practices -- procedures for determining and restraining. (1) If the commissioner believes that any person engaged in the insurance business is engaging in this state in any method of competition or in any act or practice in the conduct of the business that is not defined in this chapter but that the method of competition is unfair or that the act or practice is unfair or deceptive and that a proceeding by the commissioner in respect to the act or practice would be in the public interest, the commissioner shall, after a hearing of which notice of the hearing and of the charges against the person are given to the person, make a written report of the findings of fact relative to the charges and serve a copy of the report upon the person and any intervenor at the hearing.   (2) If the report charges a violation of this chapter and if the method of competition, act, or practice has not been discontinued, the commissioner may, through the attorney general of this state, at any time after the service of the report cause an action to be instituted to enjoin and restrain the person from engaging in the method, act, or practice. In the action, the court may grant a restraining order or injunction upon terms that may be just, but the people of this state may not be required to give security before the issuance of any order or injunction. If a stenographic record of the proceedings in the hearing before the commissioner was made, a certified transcript, including all evidence taken and the report and findings, must be received in evidence in the action.   (3) If the commissioner's report made under subsection (1) or order on hearing made under 33-18-1004 does not charge a violation of this chapter, then any intervenor in the proceedings may appeal from the report or order on hearing within the time and in the manner provided in this code for appeals from the commissioner generally.   History: En. Sec. 217, Ch. 286, L. 1959; R.C.M. 1947, 40-3515; amd. Sec. 1208, Ch. 56, L. 2009.
MT Code § 33-18-1004 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 10. Enforcement|33-18-1004. Desist orders for prohibited practices

  33-18-1004. Desist orders for prohibited practices. (1) If, after a hearing of the charges of which notice of the hearing and of the charges against the person was given to the person, the commissioner finds that a person in this state has engaged or is engaging in any act or practice defined in or prohibited under this chapter, the commissioner shall order the person to desist from the acts or practices.   (2) The desist order becomes final upon expiration of the time allowed for appeals from the commissioner's orders if an appeal is not taken or, in event of an appeal, upon final decision of the court if the court affirms the commissioner's order or dismisses the appeal. An intervenor in the hearing has the right to appeal as provided in 33-18-1003(3).   (3) In event of an appeal, to the extent that the commissioner's order is affirmed, the court shall issue its own order commanding obedience to the terms of the commissioner's order.   (4) An order of the commissioner pursuant to this section or order of court to enforce it does not in any way relieve or absolve a person affected by the order from any other liability, penalty, or forfeiture under law.   (5) This section may not be considered to affect or prevent the imposition of any penalty provided by this code or by other law for violation of any other provision of this chapter, whether or not the hearing is called or held or the desist order is issued.   History: En. Sec. 216, Ch. 286, L. 1959; amd. Sec. 7, Ch. 320, L. 1977; R.C.M. 1947, 40-3514; amd. Sec. 1209, Ch. 56, L. 2009.
MT Code § 33-18-1005 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 10. Enforcement|33-18-1005. Penalty for violation of cease and desist orders

  33-18-1005. Penalty for violation of cease and desist orders. (1) Any person who violates a cease and desist order issued pursuant to 33-18-1004 is subject to a civil penalty not to exceed $1,000. Each day of violation constitutes a separate violation. The total penalty may not exceed a $10,000 aggregate. The department may institute and maintain in the name of the state any enforcement proceedings hereunder. Upon request of the department, the attorney general or the county attorney of the county in which the violation occurred shall petition the district court to impose, assess, and recover the civil penalty.   (2) An action under subsection (1) of this section is not a bar to enforcement of this chapter or rules or orders made under it by injunction or other appropriate remedies.   (3) Moneys collected hereunder shall be deposited in the state general fund.   History: En. 40-3514.1 by Sec. 4, Ch. 320, L. 1977; R.C.M. 1947, 40-3514.1.
MT Code § 33-18-1006 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 18. Unfair Trade Practices|Part 10. Enforcement|33-18-1006. Desist orders for prohibited practices

  33-18-1006. Desist orders for prohibited practices. Violations of 33-18-221 through 33-18-224 are subject to cease and desist orders of the commissioner issued under 33-18-1004.   History: En. Sec. 5, Ch. 554, L. 1993; amd. Sec. 37, Ch. 472, L. 1999; amd. Sec. 6, Ch. 526, L. 1999; amd. Sec. 6, Ch. 345, L. 2001; amd. Sec. 2, Ch. 407, L. 2005.
MT Code § 33-19-101 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 19. Insurance Information and Privacy Protection|Part 1. General Provisions|33-19-101. Short title

  33-19-101. Short title. This chapter may be cited as the "Insurance Information and Privacy Protection Act".   History: En. Sec. 1, Ch. 580, L. 1981.
MT Code § 33-19-102 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 19. Insurance Information and Privacy Protection|Part 1. General Provisions|33-19-102. Purpose

  33-19-102. Purpose. The purpose of this chapter is to establish standards for the collection, use, and disclosure of information gathered in connection with insurance transactions by insurance institutions, insurance producers, or insurance-support organizations; to maintain a balance between the need for information by those conducting the business of insurance and the public's need for fairness in insurance information practices, including the need to minimize intrusiveness; to establish a regulatory mechanism to enable natural persons to ascertain what information is being or has been collected about them in connection with insurance transactions and to have access to that information for the purpose of verifying or disputing its accuracy; to limit the disclosure of information collected in connection with insurance transactions; and to enable insurance applicants and policyholders to obtain the reasons for any adverse underwriting decision. The purpose of this chapter is also to provide privacy protection consistent with federal regulations governing the privacy of medical records when this chapter is consistent with those federal regulations. In those instances in which this chapter and the federal privacy regulations are inconsistent and this chapter provides privacy protection beyond that offered by the federal regulations, the purpose of this chapter is to provide that additional privacy protection.   History: En. Sec. 2, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 1, Ch. 341, L. 2001.
MT Code § 33-19-103 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 19. Insurance Information and Privacy Protection|Part 1. General Provisions|33-19-103. Scope

  33-19-103. Scope. (1) The obligations imposed by this chapter apply to those insurance institutions, insurance producers, or insurance-support organizations that, on or after July 1, 1982:   (a) in the case of life, health, or disability insurance:   (i) collect, receive, or maintain information in connection with insurance transactions that pertains to natural persons who are residents of this state; or   (ii) engage in insurance transactions with applicants, individuals, or policyholders who are residents of this state; and   (b) in the case of property or casualty insurance:   (i) collect, receive, or maintain information in connection with insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state; or   (ii) engage in insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state.   (2) The rights granted by this chapter extend to:   (a) in the case of life, health, or disability insurance, the following persons who are residents of this state:   (i) natural persons who are the subject of information collected, received, or maintained in connection with insurance transactions; and   (ii) applicants, individuals, or policyholders who engage in or seek to engage in insurance transactions; and   (b) in the case of property or casualty insurance, the following persons:   (i) natural persons who are the subject of information collected, received, or maintained in connection with insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state; and   (ii) applicants, individuals, or policyholders who engage in or seek to engage in insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state.   (3) For the purposes of this section, a person is considered a resident of this state if the person's last-known mailing address, as shown in the records of the insurance institution, insurance producer, or insurance-support organization, is located in this state.   (4) This chapter does not apply to information collected from the public records of a governmental authority and maintained by an insurance institution or its representatives for the purpose of insuring the title to real property located in this state.   History: En. Sec. 3, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989.
MT Code § 33-19-106 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 19. Insurance Information and Privacy Protection|Part 1. General Provisions|33-19-106. Rulemaking authorized

  33-19-106. Rulemaking authorized. The commissioner may adopt rules to carry out the provisions of this chapter.   History: En. Sec. 4, Ch. 341, L. 2001.
MT Code § 33-19-201 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 19. Insurance Information and Privacy Protection|Part 2. Information Gathering|33-19-201. Pretext interviews prohibited -- exception

  33-19-201. Pretext interviews prohibited -- exception. (1) Except as provided in subsection (2), an insurance institution, insurance producer, or insurance-support organization may not use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction.   (2) A pretext interview may be undertaken to obtain information from a person or institution that does not have a generally or statutorily recognized privileged relationship with the person about whom the information relates for the purpose of investigating a claim when based upon specific information available for review by the commissioner that there is a reasonable basis for suspecting criminal activity, fraud, material misrepresentation, or material nondisclosure in connection with the claim.   History: En. Sec. 5, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989.
MT Code § 33-19-203 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 19. Insurance Information and Privacy Protection|Part 2. Information Gathering|33-19-203. Marketing and research surveys

  33-19-203. Marketing and research surveys. An insurance institution or insurance producer shall clearly specify the questions that are designed to obtain information from an individual in connection with an insurance transaction solely for marketing or research purposes.   History: En. Sec. 7, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989.
MT Code § 33-19-204 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 19. Insurance Information and Privacy Protection|Part 2. Information Gathering|33-19-204. Repealed

  33-19-204. Repealed. Sec. 11, Ch. 341, L. 2001.   History: En. Sec. 8, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 3, Ch. 212, L. 1999.
MT Code § 33-19-205 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 19. Insurance Information and Privacy Protection|Part 2. Information Gathering|33-19-205. Investigative consumer reports

  33-19-205. Investigative consumer reports. (1) An insurance institution, insurance producer, or insurance-support organization may not prepare or request an investigative consumer report about an individual in connection with an insurance transaction involving an application for insurance, a policy renewal, a policy reinstatement, or a change in insurance benefits unless the insurance institution or insurance producer informs the individual:   (a) that the individual may request to be interviewed in connection with the preparation of the investigative consumer report; and   (b) that upon a request pursuant to 33-19-301, the individual is entitled to receive a copy of the investigative consumer report.   (2) If an investigative consumer report is to be prepared by an insurance institution or insurance producer, the insurance institution or insurance producer shall institute reasonable procedures to conduct a personal interview requested by an individual.   (3) If an investigative consumer report is to be prepared by an insurance-support organization, the insurance institution or insurance producer desiring the report shall inform the insurance-support organization as to whether a personal interview has been requested by the individual. The insurance-support organization shall institute reasonable procedures to conduct the interview, if requested.   History: En. Sec. 9, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 1210, Ch. 56, L. 2009.
MT Code § 33-19-206 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 19. Insurance Information and Privacy Protection|Part 2. Information Gathering|33-19-206. Disclosure authorizations -- content -- conditions prohibited

  33-19-206. Disclosure authorizations -- content -- conditions prohibited. If a disclosure authorization is required by this chapter, the following requirements apply:   (1) A valid authorization to disclose personal information must be in written form, or in electronic form as provided by applicable law, and must contain the following:   (a) the identity of the individual who is the subject of the personal information;   (b) a description of the types of personal information to be disclosed;   (c) a description of the entity or type of entity to which the licensee discloses personal information, the purpose of the disclosure, and how the information will be used;   (d) the signature of the individual who is the subject of the personal information or the individual who may by law allow the disclosure and the date on which the authorization is signed; and   (e) notice of the length of time for which the authorization is valid, notice that the individual may revoke the authorization at any time, and notice of the procedure for revocation.   (2) An authorization remains valid for a period stated in the authorization that does not exceed 24 contiguous months.   (3) An individual who is the subject of personal information and has signed an authorization may revoke the authorization at any time.   (4) A licensee shall retain the original authorization or a copy of it in the record of the individual who is the subject of personal information.   (5) A licensee may not condition enrollment, coverage, benefits, or rates on an individual's signing of a disclosure authorization unless the disclosure sought through the authorization is necessary for the licensee to perform an insurance function.   History: En. Sec. 6, Ch. 341, L. 2001.
MT Code § 33-19-304 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 19. Insurance Information and Privacy Protection|Part 3. Disclosure of Information|33-19-304. Information concerning previous adverse underwriting decisions

  33-19-304. Information concerning previous adverse underwriting decisions. An insurance institution, insurance producer, or insurance-support organization may not seek information in connection with an insurance transaction concerning:   (1) any previous adverse underwriting decision experienced by an individual unless the inquiry also requests the reasons for any previous adverse underwriting decision and the individual is advised of the source of the information; or   (2) any previous insurance coverage obtained by an individual through a residual market mechanism unless the inquiry also requests the reasons why insurance coverage was previously obtained through a residual market mechanism and the individual is advised of the source of information.   History: En. Sec. 13, Ch. 580, L. 1981; amd. Sec. 8, Ch. 518, L. 1983; amd. Sec. 1, Ch. 713, L. 1989.
MT Code § 33-19-305 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 19. Insurance Information and Privacy Protection|Part 3. Disclosure of Information|33-19-305. Previous adverse underwriting decisions

  33-19-305. Previous adverse underwriting decisions. An insurance institution or insurance producer may not base an adverse underwriting decision in whole or in part:   (1) on the fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism, but an insurance institution or insurance producer may base an adverse underwriting decision on further information obtained from an insurance institution or insurance producer responsible for a previous adverse underwriting decision;   (2) on personal information received from an insurance-support organization whose primary source of information is insurance institutions, but an insurance institution or insurance producer may base an adverse underwriting decision on further personal information obtained as the result of information received from such insurance-support organization.   History: En. Sec. 14, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989.
MT Code § 33-19-308 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 19. Insurance Information and Privacy Protection|Part 3. Disclosure of Information|33-19-308. Disclosure of underwriting information

  33-19-308. Disclosure of underwriting information. (1) An insurance institution or insurance-support organization shall, within 30 days of receiving a written request from an entity listed in subsection (2) that it provides coverage for, disclose to that entity the following information that the entity specifically requests about the entity's coverage:   (a) total premiums collected from the entity for the policy year; and   (b) total losses paid out with respect to the entity for the policy year.   (2) Any of the following entities may request information about the entity's coverage pursuant to this section:   (a) an association having a group health insurance program for its members;   (b) a group purchasing cooperative;   (c) a group health plan that is a multiple employer welfare arrangement;   (d) a self-insured group; and   (e) a business that provides group health insurance for its employees, except that a business with between 2 and 50 employees is not subject to the provisions of this section.   (3) Information disclosed pursuant to this section may not include any personal information pertaining to an individual covered by a group plan that has been obtained or administered by an entity listed in subsection (2).   (4) Information that is obtainable pursuant to the provisions of this section may not be requested more than once during any calendar year.   (5) An association provided for in subsection (2)(a) must be provided with reasonable information by its insurance institution or insurance-support organization to enable the association to receive a bid or quote for coverage from other insurance entities.   History: En. Sec. 1, Ch. 471, L. 2001.
MT Code § 33-19-309 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 19. Insurance Information and Privacy Protection|Part 3. Disclosure of Information|33-19-309. through 33-19-320 reserved

  33-19-309 through 33-19-320 reserved.
MT Code § 33-19-401 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 19. Insurance Information and Privacy Protection|Part 4. Enforcement|33-19-401. Power of the commissioner

  33-19-401. Power of the commissioner. (1) The commissioner has the power to examine and investigate the affairs of every insurance institution or insurance producer doing business in this state to determine whether the insurance institution or insurance producer has been or is engaged in any conduct in violation of this chapter.   (2) The commissioner has the power to examine and investigate the affairs of every insurance-support organization acting on behalf of an insurance institution or insurance producer that either transacts business in this state or transacts business outside this state which has an effect on a person residing in this state in order to determine whether such insurance-support organization has been or is engaged in any conduct in violation of this chapter.   History: En. Sec. 16, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989.
MT Code § 33-19-402 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 19. Insurance Information and Privacy Protection|Part 4. Enforcement|33-19-402. Repealed

  33-19-402. Repealed. Sec. 11, Ch. 341, L. 2001.   History: En. Sec. 17, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989.
MT Code § 33-19-403 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 19. Insurance Information and Privacy Protection|Part 4. Enforcement|33-19-403. Service of process -- insurance-support organizations

  33-19-403. Service of process -- insurance-support organizations. For the purpose of this chapter, an insurance-support organization transacting business outside this state that has an effect on a person residing in this state is considered to have appointed the commissioner to accept service of process on its behalf. The party seeking service and the commissioner shall follow the procedure in 33-1-606 to effectuate service.   History: En. Sec. 18, Ch. 580, L. 1981; amd. Sec. 10, Ch. 60, L. 2019.
MT Code § 33-19-404 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 19. Insurance Information and Privacy Protection|Part 4. Enforcement|33-19-404. Repealed

  33-19-404. Repealed. Sec. 11, Ch. 341, L. 2001.   History: En. Sec. 19, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989.
MT Code § 33-19-405 (2021)
2021 Montana Code Annotated|Title 33. Insurance and Insurance Companies|Chapter 19. Insurance Information and Privacy Protection|Part 4. Enforcement|33-19-405. Civil penalty

  33-19-405. Civil penalty. A person who violates this chapter is subject to the civil penalty provided in 33-1-317.   History: En. Sec. 20, Ch. 580, L. 1981; amd. Sec. 4, Ch. 101, L. 1985; amd. Sec. 9, Ch. 341, L. 2001.