reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1029. Restrictions on certain insurers -- waiting period

33-16-1029. Restrictions on certain insurers -- waiting period.
(1) The commissioner may require that a particular insurer file any of its rates and supplementary rate information 30 days prior to the effective date of the rates, if the commissioner finds after a hearing that the protection of the interests of the insurer's insureds and the public in this state requires closer supervision of the insurer's rates.
(2) Upon written application by an insurer, the commissioner, following review, may authorize a filing, which is effective before the expiration of the period described in subsection (1).
(3) The filing must be approved or disapproved during the waiting period and, if not disapproved before the expiration of the waiting period, is considered to have met the requirements of this section.
(4) An insurer aggrieved by the commissioner's actions under this section may request a rehearing by the commissioner after the expiration of 12 months from the date of the commissioner's initial order.
History: En. Sec. 11, Ch. 186, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1030. Delay of rates in noncompetitive market

33-16-1030. Delay of rates in noncompetitive market.
(1) A 30-day waiting period may be implemented or extended under one of the following circumstances:
(a) after finding that the market is not competitive under 33-16-1020, the commissioner adopts a rule requiring that any subsequent changes in rates or supplementary information must be filed with the commissioner at least 30 days before the changes become effective;
(b) the commissioner extends the waiting period under this section for a period not exceeding 30 additional days by written notice to the filer before the first 30-day period expires;
(c) upon written application by an insurer or advisory organization, the commissioner, following review, authorizes a filing, which becomes effective before the expiration of the period described in subsection (1)(a) or (1)(b); or
(d) the filing is approved or disapproved during the waiting period and, if not disapproved before the expiration of the waiting period, is considered to have met the requirements of this section.
(2) If a rule is adopted under subsection (1), the commissioner may require the filing of supporting data as to classes of risks or combinations of risk classes that the commissioner considers necessary for the proper functioning of the rate monitoring and regulating process. The supporting data must include:
(a) the experience and judgment of the filer and, to the extent that the filer wishes or the commissioner requires, the experience and judgment of other insurers or the advisory organization designated under 33-16-1023;
(b) the interpretation of any statistical data upon which the filer relied;
(c) a description of the actuarial and statistical methods used in setting the rate; and
(d) any other relevant matter required by the commissioner.
(3) A rule adopted under this section expires 1 year after adoption unless renewed by the commissioner after hearings and appropriate findings under this section.
(4) Whenever a filing is not accompanied by the information that the commissioner has required under subsection (2), the commissioner shall inform the insurer within 10 days of the initial filing. The filing is considered made when the required information is furnished.
History: En. Sec. 12, Ch. 186, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1031. Consent to rate

33-16-1031. Consent to rate.
Notwithstanding any other provision of this part, upon the written consent of the insured, filed with the commissioner, a rate in excess of that determined in accordance with the other provisions of this part may be used on any specific risk.
History: En. Sec. 13, Ch. 186, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1032. Acts reducing competition prohibited

33-16-1032. Acts reducing competition prohibited.
(1) In this section, the word "insurer" includes two or more affiliated insurers engaged in joint or cooperative underwriting, investment management, marketing, servicing, or administration of their business and affairs as insurers and:
(a) under common management; or
(b) under common controlling ownership or under other common effective legal control.
(2) An insurer or advisory organization may not:
(a) monopolize or attempt to monopolize or combine or conspire with any other person or persons to monopolize the business of insurance of any kind, subdivision, or class;
(b) agree with any other insurer or advisory organization to charge or adhere to any rate or rating plan other than the uniform experience rating plan or rating rules of the advisory organization, except as needed to comply with the requirements of 33-16-1026;
(c) make an agreement with any other insurer, advisory organization, or other person to unreasonably restrain trade or substantially lessen competition in the business of insurance of any kind, subdivision, or class; or
(d) make an agreement with any other insurer or advisory organization to refuse to deal with any person in connection with the sale of insurance.
(3) The fact that two or more insurers, whether they are members or subscribers of a common advisory organization, use consistently or intermittently the same advisory organization rules or insurer guidelines, rating plans, rating schedules, rating rules, policy forms, rate classifications, underwriting rules, surveys, or inspections or similar materials is not sufficient in itself to support a finding that an agreement exists.
(4) An advisory organization or member or subscriber of an advisory organization may not interfere with the right of any insurer to establish its rates independently of that advisory organization or to charge rates different from the rates made by that advisory organization.
(5) Except as required by 33-16-1026, an advisory organization may not have or adopt any rule or exact any agreement or formulate or engage in any program that would require any member, subscriber, or other insurer to:
(a) adhere to its rates; or
(b) prevent any insurer from acting independently.
History: En. Sec. 14, Ch. 186, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1033. Advisory organization -- permitted activity

33-16-1033. Advisory organization -- permitted activity.
An advisory organization may:
(1) develop statistical plans, including class definitions;
(2) collect statistical data from members, subscribers, or any other source;
(3) prepare and distribute pure premium rate data, adjusted for loss development and loss trending, in accordance with its statistical plan. The data and adjustments must be in sufficient detail to permit insurers to modify pure premiums based upon their own rating methods or interpretations of underlying data.
(4) prepare and distribute manuals for rating rules and rating schedules that do not contain any rules or schedules, including final rates, without information outside the manuals;
(5) distribute information that is filed with the commissioner and open to public inspection;
(6) conduct research and collect statistics in order to discover, identify, and classify information relating to causes or prevention of losses;
(7) prepare and file policy forms and endorsements and consult with members, subscribers, and others relative to their use and application;
(8) collect, compile, and distribute past and current prices of individual insurers, if the information is made available to the general public;
(9) conduct research and collect information to determine the impact of benefit level changes on pure premium rates;
(10) prepare and distribute rules and rating values for the uniform experience rating plan; and
(11) calculate and disseminate individual risk premium modification factors. Individual risk premium modification factors may only be disseminated to:
(a) a licensed producer or an insurer for the business of insurance only; and
(b) the department of labor and industry for regulatory purposes only. Individual employer payroll and loss information may be provided to a person other than the current licensed producer or an insurer only after obtaining the employer's written permission.
History: En. Sec. 15, Ch. 186, L. 1995; amd. Sec. 11, Ch. 320, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1034. Advisory organization -- prohibited activity

33-16-1034. Advisory organization -- prohibited activity.
In addition to other prohibitions in this part, except as specifically permitted under 33-16-1033, an advisory organization may not compile or distribute recommendations relating to rates that include expenses, other than loss adjustment expenses, or profit.
History: En. Sec. 16, Ch. 186, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1035. Penalties -- suspension of license

33-16-1035. Penalties -- suspension of license.
(1) The commissioner may impose upon a person or organization that violates 33-16-1020 through 33-16-1023 or 33-16-1025 through 33-16-1036 a penalty of not more than $500 for each violation.
(2) If the commissioner determines that the violation is willful, the commissioner may impose a penalty of not more than $1,000 for each violation in addition to any other penalty provided by law.
(3) The commissioner may suspend the license of an insurer or an advisory organization that fails to comply with any order within the time set by the order or extension granted by the commissioner. The commissioner may not suspend a license for failure to comply with an order until the time prescribed for appeal from the order has expired or, if appealed, until the order has been affirmed. The commissioner may determine the period of a suspension, which remains in effect for the period unless modified or rescinded or until the order upon which the suspension is based is modified, rescinded, or reversed.
(4) Unless a consent decree has been entered, a penalty may not be imposed nor may a license be suspended or revoked unless the commissioner, following a hearing, issues a written order with findings of fact. The hearing must be held at least 10 days after written notice to the person or organization specifying the alleged violation.
(5) A party aggrieved by an order or decision of the commissioner may, within 30 days after receiving the commissioner's notice, make a written request for a hearing.
History: En. Sec. 17, Ch. 186, L. 1995; amd. Sec. 147, Ch. 42, L. 1997; amd. Sec. 12, Ch. 320, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1036. Appeals from commissioner

33-16-1036. Appeals from commissioner.
(1) An order, decision, or act of the commissioner under this part may be appealed to district court upon petition of a person aggrieved.
(2) A petition for review must be filed within 60 days from notice of the order, decision, or act. The commencement of the proceeding does not affect enforcement or validity of the commissioner's action unless the court determines, after notice to the commissioner, that a stay of enforcement until further direction of the court will not injure the interests of the public.
History: En. Sec. 18, Ch. 186, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 1. General Provisions › 33-17-101. Scope of chapter

33-17-101. Scope of chapter.
(1) The purpose of this chapter is to govern the qualifications and procedures for licensing insurance producers.
(2) Except as provided in subsection (3), this chapter applies to all stock, mutual, and reciprocal insurers and to all kinds of insurance and annuities.
(3) Except as provided in 33-17-401 and 33-17-408(2), this chapter does not apply to surplus lines producers.
History: En. Sec. 145, Ch. 286, L. 1959; R.C.M. 1947, 40-3301; amd. Sec. 17, Ch. 713, L. 1989; amd. Sec. 2, Ch. 106, L. 2001.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-201. License required of insurance producer -- forms -- background examinations

33-17-201. License required of insurance producer -- forms -- background examinations.
(1) A person may not sell, solicit, or negotiate insurance or act as an insurance producer in this state unless licensed as an insurance producer under this chapter.
(2) The commissioner may prescribe by rule and make available the forms required in connection with application for, issuance, continuation, suspension, or termination of a license.
(3) All resident applicants shall undergo prelicensing background examinations. The applicant or insurer shall pay the cost of the background examinations.
History: En. Secs. 147, 151, Ch. 286, L. 1959; R.C.M. 1947, 40-3303(part), 40-3307; amd. Sec. 7, Ch. 518, L. 1983; amd. Sec. 17, Ch. 11, Sp. L. March 1986; amd. Sec. 2, Ch. 409, L. 1987; amd. Sec. 2, Ch. 480, L. 1987; amd. Sec. 12, Ch. 285, L. 1989; amd. Sec. 20, Ch. 713, L. 1989; (6)En. Sec. 4, Ch. 713, L. 1989; amd. Sec. 12, Ch. 427, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-202. Repealed

33-17-202. Repealed.
Sec. 68, Ch. 713, L. 1989.
History: En. Sec. 152, Ch. 286, L. 1959; amd. Sec. 7, Ch. 44, L. 1969; amd. Sec. 5, Ch. 423, L. 1971; R.C.M. 1947, 40-3308; amd. Sec. 3, Ch. 409, L. 1987; amd. Sec. 13, Ch. 285, L. 1989; amd. Sec. 6, Ch. 509, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-203. Repealed

33-17-203. Repealed.
Sec. 19, Ch. 409, L. 1987.
History: En. Sec. 153, Ch. 286, L. 1959; amd. Sec. 8, Ch. 44, L. 1969; R.C.M. 1947, 40-3309; amd. Sec. 19, Ch. 198, L. 1979; amd. Sec. 1, Ch. 400, L. 1983.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-204. Repealed

33-17-204. Repealed.
Sec. 68, Ch. 713, L. 1989.
History: En. Sec. 154, Ch. 286, L. 1959; amd. Sec. 9, Ch. 44, L. 1969; R.C.M. 1947, 40-3310; amd. Sec. 1, Ch. 345, L. 1979; amd. Sec. 4, Ch. 409, L. 1987.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-205. Repealed

33-17-205. Repealed.
Sec. 68, Ch. 713, L. 1989.
History: En. Sec. 155, Ch. 286, L. 1959; amd. Sec. 10, Ch. 44, L. 1969; R.C.M. 1947, 40-3311.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-206. Repealed

33-17-206. Repealed.
Sec. 36, Ch. 451, L. 1993.
History: En. Sec. 165, Ch. 286, L. 1959; amd. Sec. 12, Ch. 44, L. 1969; R.C.M. 1947, 40-3321; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 35, Ch. 798, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-207. Repealed

33-17-207. Repealed.
Sec. 4, Ch. 98, L. 1995.
History: En. Sec. 1, Ch. 509, L. 1989; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-208. Repealed

33-17-208. Repealed.
Sec. 4, Ch. 98, L. 1995.
History: En. Sec. 2, Ch. 509, L. 1989; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 36, Ch. 16, L. 1991; amd. Sec. 7, Ch. 798, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-209. Repealed

33-17-209. Repealed.
Sec. 4, Ch. 98, L. 1995.
History: En. Sec. 3, Ch. 509, L. 1989; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-210. Centralized producer license registry -- rules

33-17-210. Centralized producer license registry -- rules.
(1) The commissioner may participate, in whole or in part, with the national association of insurance commissioners, or any affiliates or subsidiaries that the national association of insurance commissioners oversees, in a centralized producer license registry in which insurance producer licenses and appointments may be centrally or simultaneously effected for all states that participate in the registry and that require an insurance producer license.
(2) If the commissioner finds that participation in the centralized producer license registry is in the public interest, the commissioner may adopt by rule any uniform standards and procedures necessary to participate in the registry, including the central collection of all fees for licenses or appointments that are processed through the registry.
History: En. Sec. 1, Ch. 106, L. 2001.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-213. Conduct of examinations

33-17-213. Conduct of examinations.
(1) The commissioner shall make any examination required under 33-17-212 available to applicants with reasonable frequency and at places in this state reasonably accessible to the applicants.
(2) The commissioner shall assure that the examinations are conducted in a fair and impartial manner and without unfair discrimination as between individuals examined.
(3) The commissioner may require a reasonable waiting period before reexamination of an applicant who has failed to pass a previous examination covering the same kind or kinds of insurance.
(4) The examination of a title insurance producer, as defined in 33-25-105, must include but is not limited to questions pertaining to the search and examination of title to real property, insurance principles relating to title insurance, and the fiduciary duties and procedures of escrows, settlements, and closings of real estate transactions.
History: En. Sec. 158, Ch. 286, L. 1959; amd. Sec. 1, Ch. 156, L. 1969; R.C.M. 1947, 40-3314; amd. Sec. 21, Ch. 198, L. 1979; amd. Sec. 19, Ch. 519, L. 1985; amd. Sec. 7, Ch. 409, L. 1987; amd. Sec. 23, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-215. Repealed

33-17-215. Repealed.
Sec. 14, Ch. 345, L. 1979.
History: En. Sec. 160, Ch. 286, L. 1959; R.C.M. 1947, 40-3316.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-216. Temporary insurance producer license

33-17-216. Temporary insurance producer license.
(1) The commissioner may issue a temporary license to or with respect to an individual qualified for the temporary license only as to age, residence, and trustworthiness and without requiring the individual to take an examination, in the following cases:
(a) to the surviving spouse or next of kin or to the administrator or executor, or the employee of the administrator or executor, of a licensed insurance producer upon the insurance producer's death;
(b) to the spouse, next of kin, employee, or legal guardian of a licensed insurance producer disabled by injury or physical or mental illness;
(c) to an employee of a partnership, or officer or employee of a corporation, licensed as an insurance producer, upon the death or disability of an individual designated in the license to exercise the powers of an insurance producer;
(d) to the designee of a licensed insurance producer entering upon active service in the armed forces of the United States of America;
(e) in any other circumstance in which the commissioner finds that the public interest will best be served by issuing a temporary license.
(2) The temporary license must be issued upon application filed with the commissioner in the form and containing the information as the commissioner may reasonably require.
(3) The temporary license must be for a period of not over 90 days, subject to extension at the commissioner's discretion for an additional period of not more than 90 days, except that a temporary license issued pursuant to subsection (1)(a) may be continued until the executor or administrator disposes of the insurance business, but not to exceed a period of 15 months. A temporary license issued to the next of kin under subsection (1)(a) may not be extended for an additional term after the appointment and qualification of the administrator or executor.
History: En. Sec. 163, Ch. 286, L. 1959; R.C.M. 1947, 40-3319; amd. Sec. 27, Ch. 198, L. 1979; amd. Sec. 5, Ch. 345, L. 1979; amd. Sec. 25, Ch. 713, L. 1989; amd. Sec. 11, Ch. 316, L. 1999.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-217. Limitations and rights under temporary license

33-17-217. Limitations and rights under temporary license.
(1) The commissioner may not issue more than one temporary license, to or with respect to the same individual to be licensed, within any 12-month period.
(2) The temporary license may cover the same kinds of insurance for which the insurance producer being replaced was licensed.
(3) As to a temporary insurance producer's license issued on account of the death or disability of an insurance producer, the licensee may represent all of the insurers last represented by the deceased or disabled insurance producer, but the licensee may not be licensed for an additional kind of insurance under the temporary license.
(4) A temporary licensee has the same license powers and duties as under a permanent license.
History: En. Sec. 164, Ch. 286, L. 1959; R.C.M. 1947, 40-3320; amd. Sec. 26, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-218. Repealed

33-17-218. Repealed.
Sec. 68, Ch. 713, L. 1989.
History: En. Sec. 172, Ch. 286, L. 1959; amd. Sec. 13, Ch. 44, L. 1969; R.C.M. 1947, 40-3328; amd. Sec. 2, Ch. 344, L. 1979; amd. Sec. 6, Ch. 345, L. 1979.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-219. Inactive status -- insurance producers serving in armed forces

33-17-219. Inactive status -- insurance producers serving in armed forces.
(1) The commissioner may place an insurance producer on inactive status if the insurance producer enters active service in the armed forces of the United States.
(2) An insurance producer may not transact the business of insurance while on inactive status.
(3) The commissioner shall waive the continuing education requirements in 33-17-1205 and the fee in 33-2-708 while an insurance producer is on inactive status.
(4) In order to be placed on inactive status, an insurance producer shall notify the commissioner when called to active service.
(5) In order to be taken off inactive status, an insurance producer shall notify the commissioner when discharged from active service.
History: En. Sec. 1, Ch. 427, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-221. Repealed

33-17-221. Repealed.
Sec. 73, Ch. 227, L. 2001.
History: En. Sec. 166, Ch. 286, L. 1959; R.C.M. 1947, 40-3322; amd. Sec. 27, Ch. 713, L. 1989; amd. Sec. 12, Ch. 316, L. 1999.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-231. Appointment of insurance producers -- continuation and termination

33-17-231. Appointment of insurance producers -- continuation and termination.
(1) Each insurer appointing an insurance producer in this state shall file with the commissioner the appointment, specifying the kinds of insurance to be transacted by the insurance producer for the insurer. The appointment may be electronically filed. The commissioner may adopt rules to implement electronic filing.
(2) Each appointment remains in effect until the insurance producer's license is revoked or otherwise terminated unless written notice of earlier termination of the appointment is filed with the commissioner by the insurer or the insurance producer. The written notice may be electronically filed. The commissioner may adopt rules to implement electronic filing. Termination of the insurer's authority in Montana also terminates the appointment.
(3) Subject to the insurance producer's contract rights, an insurer may terminate an insurance producer's appointment at any time. The insurer shall promptly give written notice of the termination to the commissioner and to the insurance producer. The commissioner may require reasonable proof that the insurer has given notice to the insurance producer.
(4) As part of the notice of termination given the commissioner, the insurer shall file with the commissioner a statement of the facts relative to the termination and the cause of termination. Any information or statement contained in the notice of termination is not admissible as evidence in any action or proceeding against the insurer or any representative of the insurer by or on behalf of any person affected by the termination.
(5) (a) An insurer that sells a qualified health plan in an exchange operating in this state shall appoint any producer who is certified by the commissioner pursuant to 33-17-243 and follows the appointment application process required by that insurer.
(b) To maintain the appointment, the producer shall maintain the producer's certification and license in good standing.
(6) An appointment by affiliation terminates automatically on termination of the affiliation.
History: En. Sec. 161, Ch. 286, L. 1959; R.C.M. 1947, 40-3317; amd. Sec. 3, Ch. 344, L. 1979; amd. Sec. 7, Ch. 345, L. 1979; amd. Sec. 8, Ch. 409, L. 1987; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 20, Ch. 451, L. 1993; amd. Sec. 2, Ch. 6, Sp. L. November 1993; amd. Sec. 13, Ch. 316, L. 1999; amd. Sec. 12, Ch. 271, L. 2009; amd. Sec. 8, Ch. 245, L. 2013; amd. Sec. 2, Ch. 38, L. 2017; amd. Sec. 1, Ch. 110, L. 2019.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-232. Rights of insurance producer following termination of appointment

33-17-232. Rights of insurance producer following termination of appointment.
(1) Following termination of an agency appointment for property, casualty, title, or surety insurance and subject to the terms of an agreement between the insurance producer and the insurer, the insurance producer may continue to service and receive from the insurer commissions or other compensation relative to business written by the insurance producer for the insurer during the existence of the appointment.
(2) This section does not apply to:
(a) insurance producers of direct writing insurers; or
(b) insurance producers or insurers between whom the relationship of employer and employee exists.
History: En. Sec. 162, Ch. 286, L. 1959; R.C.M. 1947, 40-3318; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 6, Ch. 399, L. 2007.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-236. Appointments of insurance producers by insurers

33-17-236. Appointments of insurance producers by insurers.
(1) An insurance producer may not claim to be a representative of or an authorized or appointed insurance producer of or use another term implying a contractual relationship with a particular insurer unless the insurance producer is an appointed insurance producer of that insurer pursuant to this section. This does not prevent an insurance producer from obtaining and presenting a quotation from an insurer with whom the producer is not appointed. If the insurer consents, the insurer may bind coverage on a risk in accordance with 33-15-411 prior to the execution of an agency contract and policy issuance.
(2) The insurer shall, not later than 15 days from the date on which the agency contract is executed with an insurance producer, file with the commissioner a written notice of appointment on a form prescribed by the commissioner. The notice may be electronically filed pursuant to rules adopted by the commissioner.
(3) Upon receipt of the notice of appointment, the commissioner shall verify that the insurance producer is eligible for appointment. If the insurance producer is determined to be ineligible for appointment, the commissioner shall notify the insurer of the determination.
(4) (a) An appointment is effective on the earlier of the date of the executed agency contract or the date on which the insurer files the notice of appointment with the commissioner, unless the appointment is disapproved by the commissioner.
(b) A disapproved appointment is void on the date the department provides notification to the insurer.
(c) An appointment of which notice is not filed within 15 days of execution of the agency contract is not effective until the date that the insurer files the notice of appointment with the commissioner.
(5) An appointment is perpetual until canceled by the insurer.
History: En. Sec. 5, Ch. 713, L. 1989; amd. Sec. 3, Ch. 6, Sp. L. November 1993; amd. Sec. 32, Ch. 472, L. 1999; amd. Sec. 3, Ch. 38, L. 2017; amd. Sec. 2, Ch. 110, L. 2019.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-237. Notification of violation or appointment termination

33-17-237. Notification of violation or appointment termination.
(1) Upon the termination of an appointed insurance producer by an insurer, the insurer shall notify the insurance department within 30 days in the manner prescribed by the insurance department, which may include electronic filing.
(2) If the reason for the termination is any of the causes listed in 33-17-1001 or 33-25-301, the insurer shall immediately notify the insurance department of the reason.
(3) Whenever an insurance company or an employee or representative of the company has reasonable cause to believe that a person has violated 33-17-1001 or 33-25-301, it is the duty of that entity, upon acquiring the knowledge, to notify the insurance department and provide the insurance department with a complete statement of all relevant facts and circumstances.
(4) The insurer, employee, or representative shall, upon request of the insurance department, provide information, documents and records, or other data pertaining to the alleged violation or termination that may be used by the insurance department in any action taken pursuant to Title 33, chapter 17, part 10.
(5) Any information, documents, records, or other data provided pursuant to this section is privileged, and there is no liability on the part of nor may a cause of action of any nature arise against the insurance department, the insurance company, or an authorized representative of either so long as the privileged information is furnished in good faith.
History: En. Sec. 6, Ch. 713, L. 1989; amd. Sec. 21, Ch. 451, L. 1993; amd. Sec. 4, Ch. 6, Sp. L. November 1993.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-238. Appointment by affiliation

33-17-238. Appointment by affiliation.
(1) Unless prohibited by the insurer, a business entity insurance producer may satisfy the appointment requirements of 33-17-236(1) by affiliating with a business entity insurance producer that has been appointed directly by the insurer.
(2) A business entity insurance producer obtaining an appointment by affiliation under subsection (1) shall maintain a copy of each written affiliation agreement for 3 years following termination of the affiliation and make copies of the agreement available to the commissioner upon request.
(3) An appointment by affiliation under subsection (1) is effective on the date the business entity insurance producer enters into an affiliation agreement.
(4) A business entity insurance producer appointed by affiliation under this section is authorized to transact the kinds of insurance for which the business entity insurance producer directly appointed by the insurer is also authorized, except:
(a) a business entity insurance producer appointed by affiliation may not transact kinds of insurance for which the insurance producer is not otherwise authorized; and
(b) the insurer may specify in writing those kinds of insurance the business entity insurance producer may transact under the appointment.
History: En. Sec. 1, Ch. 38, L. 2017; amd. Sec. 3, Ch. 110, L. 2019.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-241. Navigator certification -- duties -- prohibitions

33-17-241. Navigator certification -- duties -- prohibitions.
(1) An individual or an individual performing navigator duties on behalf of an organization serving as a navigator may not act in the capacity of a navigator unless the individual has met all of the following requirements, as applicable:
(a) is at least 18 years of age;
(b) has completed and submitted the application form provided for in 33-17-242 and has declared, under penalty of refusal, suspension, or revocation of the navigator's certification, that the statements made in the form are true, correct, and complete to the best of the applicant's knowledge and belief;
(c) has completed a background examination as described in 33-17-220;
(d) has documentation of successful completion of the centers for medicare and medicaid services navigator certification training requirements or navigator recertification training requirements, as applicable; and
(e) has paid all fees required by 33-2-708.
(2) A navigator's duties may include any of the following:
(a) conducting public education activities to raise awareness of the availability of qualified health plans;
(b) distributing fair and impartial general information concerning how to enroll in any qualified health plan offered within the exchange and the availability of the premium tax credits under 26 U.S.C. 36B and the cost-sharing reductions provided under 42 U.S.C. 18071;
(c) assisting consumers in understanding how to enroll in a qualified health plan through an exchange or appropriate public programs offering health care coverage, without suggesting that the consumer purchase any particular plan; and
(d) referring consumers to the commissioner's office for assistance with complaints, appeals, or grievances or for general information about health insurance.
(3) A navigator may not do any of the following unless the navigator is otherwise licensed or authorized to do so under this chapter:
(a) sell, solicit, or negotiate health insurance;
(b) recommend, endorse, or offer opinions about the benefits, terms, or features of a particular health benefit plan or offer an opinion about which health benefit plan is better or worse for a particular individual or employer;
(c) provide any information or services related to a health benefit plan or another product not offered in the exchange;
(d) engage in any unfair method of competition or any fraudulent, deceptive, or dishonest act or practice; or
(e) enroll an individual or an employee in a qualified health plan offered through an exchange.
History: En. Sec. 2, Ch. 245, L. 2013; amd. Sec. 2, Ch. 346, L. 2015; amd. Sec. 1, Ch. 486, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-242. Commissioner's duties -- navigator certification -- training for certified application counselors and others

33-17-242. Commissioner's duties -- navigator certification -- training for certified application counselors and others.
(1) The commissioner shall:
(a) develop a navigator certification application form that requires an applicant to disclose potential conflicts of interest and any other information the commissioner considers relevant; and
(b) certify an applicant meeting the requirements of 33-17-241(1).
(2) The commissioner may suspend, revoke, or refuse to issue or renew the navigator certification of a person that has committed an act for which the grounds for denial, suspension, or revocation are described in 33-17-1001 regarding an insurance producer's license.
(3) The commissioner may not certify as a navigator an individual, organization, or business entity that is receiving financial compensation, including monetary or in-kind compensation, gifts, or grants, from an insurer. A navigator certification must be revoked if the navigator receives financial compensation as described in this subsection from an insurer.
(4) The commissioner may prescribe training for an application counselor provided for in federal rule and other persons who while not part of the navigator program assist those who sign up for an exchange. The commissioner may require completion of the training before certification by the exchange. The training must be designed for those who assist applicants seeking to enroll in coverage through the exchange.
History: En. Sec. 3, Ch. 245, L. 2013; amd. Sec. 2, Ch. 486, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-243. Producer exchange training -- certification for exchange sales

33-17-243. Producer exchange training -- certification for exchange sales.
(1) A producer may not sell, solicit, or negotiate insurance through an exchange on or after October 1, 2013, without first completing the initial producer exchange training and certification program provided for in this section as prescribed and approved by the commissioner.
(2) The producer exchange training and certification program required in this section must consist of topics related to health insurance offered within an exchange, including but not limited to:
(a) the levels of coverage provided in an exchange;
(b) the eligibility requirements for individuals to purchase insurance through an exchange;
(c) the eligibility requirements for employers to make insurance available to their employees through a small business health options program;
(d) the individual eligibility requirements for medicaid and the healthy Montana kids plan, as provided in Title 53; and
(e) the use of enrollment forms used in an exchange.
History: En. Sec. 4, Ch. 245, L. 2013; amd. Sec. 18, Ch. 151, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 2. Licensing and Appointment of Insurance Producers and Navigators › 33-17-244. Lists of certified producers and navigators

33-17-244. Lists of certified producers and navigators.
(1) An exchange operating in this state shall maintain a current list of both of the following:
(a) licensed insurance producers that have met all of the producer exchange training and certification program requirements necessary to sell insurance through an exchange, as provided in 33-17-243; and
(b) individuals or entities that have met all the requirements to be certified by the commissioner as navigators.
(2) Upon request, the commissioner shall make available a list of insurance producers that are certified to sell a health benefit plan through an exchange and are operating near the requester's address. The commissioner shall also make available a list of certified navigators.
History: En. Sec. 5, Ch. 245, L. 2013.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 3. Adjusters › 33-17-302. Public adjuster contracts -- financial disclosure

33-17-302. Public adjuster contracts -- financial disclosure.
(1) A person licensed as a public adjuster may not act as a public adjuster unless the person has a written contract with the insured. Written contracts must be filed with the commissioner and must contain all of the following:
(a) legible full name of the adjuster signing the contract as specified in records held by the commissioner;
(b) business address and telephone number of the public adjuster;
(c) license number of the public adjuster;
(d) title specifying "public adjuster contract";
(e) insured's full name, street address, insurer name, and policy number, if known or upon notification;
(f) description of the loss and its location, if applicable;
(g) description of services to be provided to the insured;
(h) signatures of the public adjuster and the insured;
(i) date the contract was signed by the public adjuster and the date the contract was signed by the insured;
(j) attestation language stating that the public adjuster is fully bonded pursuant to state law; and
(k) full salary, fee, commission, compensation, or other consideration the public adjuster is to receive for services.
(2) A public adjuster contract may not contain any contract term that:
(a) allows the public adjuster's percentage fee to be collected when money is due from an insurer but not paid or that allows a public adjuster to collect the entire fee from the first payment issued by the insurer rather than as a percentage of each payment issued by an insurer;
(b) requires the insured to authorize an insurer to issue payment only in the name of the public adjuster;
(c) imposes collection costs or late fees; or
(d) precludes an insured from pursuing civil remedies.
(3) If the insurer either pays or commits in writing to pay the insured policy limits of the insurance policy within 72 hours after the date the loss is reported, the public adjuster may not:
(a) receive a commission consisting of a percentage of the total amount paid by an insurer to resolve a claim; or
(b) inform the insured that loss recovery amount will likely not be increased by the insurer.
(4) A public adjuster shall provide the insured with a written disclosure document concerning any direct or indirect financial interest that the public adjuster has with any other party involved in any aspect of the claim or services rendered by the public adjuster. The document must include a disclosure of any ownership interest in an entity that performs work in conjunction with the claim on which the public adjuster is engaged, including but not limited to any:
(a) construction firm;
(b) salvage firm;
(c) building appraisal firm;
(d) motor vehicle repair shop; or
(e) other entity that provides estimates for work or that performs any work.
History: En. Sec. 5, Ch. 139, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 3. Adjusters › 33-17-303. Public adjuster standards of conduct

33-17-303. Public adjuster standards of conduct.
A public adjuster:
(1) is obligated to serve with objectivity and loyalty to the interest of the insured alone;
(2) may not solicit or attempt to solicit an insured during the progress of a loss-producing occurrence, as defined in the insured's insurance contract;
(3) may not permit an unlicensed employee or representative of the public adjuster to conduct business for which a license is required;
(4) may not acquire any interest in the salvage of property subject to the contract with the insured without written permission from the insured;
(5) shall abstain from referring or directing the insured to any person with whom the public adjuster has a financial interest unless disclosed to the insured pursuant to 33-17-302(4).
History: En. Sec. 6, Ch. 139, L. 2015.