reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 11. Business and Industrial Development Corporations(repealed) › Part 3. Acquisition and Merger(Repealed) › 32-11-310. Repealed

32-11-310. Repealed.
Sec. 2, Ch. 13, L. 2023.
History: En. Sec. 38, Ch. 411, L. 2007.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 11. Business and Industrial Development Corporations(repealed) › Part 3. Acquisition and Merger(Repealed) › 32-11-311. Repealed

32-11-311. Repealed.
Sec. 2, Ch. 13, L. 2023.
History: En. Sec. 39, Ch. 411, L. 2007.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 11. Business and Industrial Development Corporations(repealed) › Part 3. Acquisition and Merger(Repealed) › 32-11-312. Repealed

32-11-312. Repealed.
Sec. 2, Ch. 13, L. 2023.
History: En. Sec. 53, Ch. 411, L. 2007.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 11. Business and Industrial Development Corporations(repealed) › Part 3. Acquisition and Merger(Repealed) › 32-11-313. Repealed

32-11-313. Repealed.
Sec. 2, Ch. 13, L. 2023.
History: En. Sec. 40, Ch. 411, L. 2007.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 11. Business and Industrial Development Corporations(repealed) › Part 4. Investigations and Penalties(Repealed) › 32-11-401. Repealed

32-11-401. Repealed.
Sec. 2, Ch. 13, L. 2023.
History: En. Sec. 30, Ch. 411, L. 2007.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 11. Business and Industrial Development Corporations(repealed) › Part 4. Investigations and Penalties(Repealed) › 32-11-402. Repealed

32-11-402. Repealed.
Sec. 2, Ch. 13, L. 2023.
History: En. Sec. 41, Ch. 411, L. 2007.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 11. Business and Industrial Development Corporations(repealed) › Part 4. Investigations and Penalties(Repealed) › 32-11-403. Repealed

32-11-403. Repealed.
Sec. 2, Ch. 13, L. 2023.
History: En. Sec. 42, Ch. 411, L. 2007.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 11. Business and Industrial Development Corporations(repealed) › Part 4. Investigations and Penalties(Repealed) › 32-11-404. Repealed

32-11-404. Repealed.
Sec. 2, Ch. 13, L. 2023.
History: En. Sec. 43, Ch. 411, L. 2007.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 11. Business and Industrial Development Corporations(repealed) › Part 4. Investigations and Penalties(Repealed) › 32-11-405. Repealed

32-11-405. Repealed.
Sec. 2, Ch. 13, L. 2023.
History: En. Sec. 44, Ch. 411, L. 2007.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 11. Business and Industrial Development Corporations(repealed) › Part 4. Investigations and Penalties(Repealed) › 32-11-406. Repealed

32-11-406. Repealed.
Sec. 2, Ch. 13, L. 2023.
History: En. Sec. 45, Ch. 411, L. 2007.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 11. Business and Industrial Development Corporations(repealed) › Part 4. Investigations and Penalties(Repealed) › 32-11-407. Repealed

32-11-407. Repealed.
Sec. 2, Ch. 13, L. 2023.
History: En. Sec. 46, Ch. 411, L. 2007.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 11. Business and Industrial Development Corporations(repealed) › Part 4. Investigations and Penalties(Repealed) › 32-11-411. Repealed

32-11-411. Repealed.
Sec. 2, Ch. 13, L. 2023.
History: En. Sec. 47, Ch. 411, L. 2007.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 11. Business and Industrial Development Corporations(repealed) › Part 4. Investigations and Penalties(Repealed) › 32-11-412. Repealed

32-11-412. Repealed.
Sec. 2, Ch. 13, L. 2023.
History: En. Sec. 49, Ch. 411, L. 2007.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 11. Business and Industrial Development Corporations(repealed) › Part 4. Investigations and Penalties(Repealed) › 32-11-413. Repealed

32-11-413. Repealed.
Sec. 2, Ch. 13, L. 2023.
History: En. Sec. 50, Ch. 411, L. 2007.
2023 Montana Code Annotated › Title 32. Financial Institutions › Chapter 11. Business and Industrial Development Corporations(repealed) › Part 4. Investigations and Penalties(Repealed) › 32-11-414. Repealed

32-11-414. Repealed.
Sec. 2, Ch. 13, L. 2023.
History: En. Sec. 51, Ch. 411, L. 2007.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 1. General Provisions › 33-1-101. Short title

33-1-101. Short title.
This title constitutes the "Montana Insurance Code".
History: En. Sec. 1, Ch. 286, L. 1959; R.C.M. 1947, 40-2601; amd. Sec. 1, Ch. 77, L. 1979.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 1. General Provisions › 33-1-103. Particular provisions prevail

33-1-103. Particular provisions prevail.
Provisions of this code relative to a particular kind of insurance or a particular type of insurer or to a particular matter shall prevail over provisions relating to insurance in general or insurers in general or to such matter in general.
History: En. Sec. 16, Ch. 286, L. 1959; R.C.M. 1947, 40-2616.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 1. General Provisions › 33-1-104. Repealed

33-1-104. Repealed.
Sec. 32, Ch. 396, L. 2017.
History: En. Sec. 17, Ch. 286, L. 1959; R.C.M. 1947, 40-2617; amd. Sec. 79, Ch. 370, L. 1987; amd. Sec. 5, Ch. 606, L. 1987.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 1. General Provisions › 33-1-110. Limitations of provider agreements

33-1-110. Limitations of provider agreements.
(1) Notwithstanding any other provision of law, a provider who has entered into a provider agreement with a person as defined in 33-1-202 is not required to provide a discount or accept payment at the rate agreed to in the provider agreement for health care services that are provided to an insured individual if the payment for the services is made directly or indirectly or is otherwise required to be made:
(a) under casualty insurance as described in 33-1-206; or
(b) under property insurance as described in 33-1-210.
(2) Insurance payments made to a provider of health care services under subsection (1) must be paid according to the terms of the applicable policy or in accordance with any written agreement or contract existing between the provider and the insurer or a person contractually engaged by the insurer to perform services or an insurance function for the insurer. This section does not prohibit negotiations regarding the amount of the billed charges or a reasonable request for additional information or documents in order to evaluate the claim.
(3) An insurer making payment on a claim under a disability insurance policy, member contract, health benefit plan, group health plan, blanket disability insurance policy as defined in 33-22-601, or other medical coverage shall credit toward satisfaction of the insured's deductible, copayment, or coinsurance, if any, any payment made by a casualty or property insurer but only if the payment to be credited is applied to a covered medical expense under the terms of the applicable health policy.
(4) The provisions of this section apply regardless of whether the insured may be considered a third-party beneficiary of the provider agreement.
History: En. Sec. 1, Ch. 420, L. 2013.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-202. Definitions -- entities

33-1-202. Definitions -- entities.
For the purposes of this code, the following definitions apply unless the context requires otherwise:
(1) "Commissioner" means the commissioner of insurance of the state of Montana.
(2) "Department" means the department of insurance of the state of Montana.
(3) "Person" includes an individual, insurer, company, association, organization, Lloyd's, society, reciprocal or interinsurance exchange, partnership, syndicate, business trust, corporation, or any other legal entity.
(4) "Resident of this state" means a person who has maintained a principal residence within the state of Montana for a period of not less than 2 consecutive years.
History: En. Secs. 4, 5, Ch. 286, L. 1959; R.C.M. 1947, 40-2604, 40-2605; amd. Sec. 2, Ch. 198, L. 1979; amd. Sec. 2, Ch. 202, L. 1983.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-205. Definitions of kinds of insurance not mutually exclusive

33-1-205. Definitions of kinds of insurance not mutually exclusive.
It is intended that certain insurance coverages may come within the definitions of two or more kinds of insurance as defined in this part, and the inclusion of such coverage within one definition shall not exclude it as to any other kind of insurance within the definition of which such coverage may likewise be reasonably included.
History: En. Sec. 72, Ch. 286, L. 1959; R.C.M. 1947, 40-2901.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-207. Disability insurance

33-1-207. Disability insurance.
(1) Disability insurance, including credit disability insurance, is insurance of human beings:
(a) against bodily injury, disablement, or death by accident or accidental means or the medical expense or indemnity involved; or
(b) against disablement or medical expense or indemnity resulting from sickness.
(2) Transaction of disability insurance does not include:
(a) workers' compensation insurance; or
(b) a direct patient care agreement established pursuant to 50-4-107.
History: En. Sec. 74, Ch. 286, L. 1959; R.C.M. 1947, 40-2903; amd. Sec. 2, Ch. 379, L. 1995; amd. Sec. 8, Ch. 262, L. 2021.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-208. Life insurance

33-1-208. Life insurance.
Life insurance, including credit life insurance, is insurance on human lives. The transaction of life insurance includes the granting of endowment benefits, additional benefits in event of death or dismemberment by accident or accidental means, additional benefits in event of the insured's disability, benefits that provide reimbursement or payment for long-term home health care or long-term care in a nursing home or other related institution, and optional modes of settlement of proceeds of life insurance. Transaction of life insurance does not include workers' compensation insurance.
History: En. Sec. 73, Ch. 286, L. 1959; R.C.M. 1947, 40-2902; amd. Sec. 1, Ch. 152, L. 1991; amd. Sec. 3, Ch. 379, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-210. Property insurance

33-1-210. Property insurance.
Property insurance is insurance on real or personal property of every kind and of every interest therein, whether on land, water, or in the air, against loss or damage from any and all hazard or cause, and against loss consequential upon such loss or damage, other than noncontractual legal liability for any such loss or damage.
History: En. Sec. 75, Ch. 286, L. 1959; R.C.M. 1947, 40-2904.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-211. Surety insurance

33-1-211. Surety insurance.
Surety insurance includes:
(1) fidelity insurance, which is insurance guaranteeing the fidelity of persons holding positions of public or private trust;
(2) insurance guaranteeing the performance of contracts, other than insurance policies, and guaranteeing and executing bonds, undertakings, and contracts of suretyship;
(3) insurance indemnifying banks, bankers, brokers, or financial or moneyed corporations or associations:
(a) against check forgery or alteration or against loss resulting from any cause of bills of exchange, notes, bonds, securities, evidences of debt, deeds, mortgages, warehouse receipts, or other valuable papers, documents, money, precious metals and articles made from precious metals, jewelry, watches, necklaces, bracelets, gems, or precious and semiprecious stones, including any loss while being transported in armored motor vehicles, by mail, or by messenger but not including any other risks of transportation or navigation;
(b) against loss or damage to the insured's premises or to the insured's furnishings, fixtures, equipment, safes, and vaults on the premises caused by burglary, robbery, theft, or criminal mischief or any attempt of those crimes.
History: En. Sec. 77, Ch. 286, L. 1959; amd. Sec. 50, Ch. 359, L. 1977; R.C.M. 1947, 40-2906; amd. Sec. 3, Ch. 198, L. 1979; amd. Sec. 1059, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-212. Title insurance

33-1-212. Title insurance.
Title insurance is insurance of owners of property or others having an interest therein or liens or encumbrances thereon against loss by encumbrance, defective titles, invalidity, or adverse claim to title.
History: En. Sec. 79, Ch. 286, L. 1959; R.C.M. 1947, 40-2908.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-213. Repealed

33-1-213. Repealed.
Sec. 73, Ch. 227, L. 2001.
History: En. Sec. 64, Ch. 472, L. 1999.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-214. Mechanical breakdown insurance

33-1-214. Mechanical breakdown insurance.
(1) Mechanical breakdown insurance means a policy, contract, or agreement issued by an authorized insurer that provides for the repair, replacement, or service for the operational or structural failure of the property because of a defect in materials or workmanship or because of normal wear and tear.
(2) The term does not include motor club services, as defined in 61-12-301.
(3) Mechanical breakdown insurance is a type of casualty insurance provided for in 33-1-206.
History: En. Sec. 65, Ch. 472, L. 1999; amd. Sec. 10, Ch. 227, L. 2001.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-215. Prepaid legal insurance

33-1-215. Prepaid legal insurance.
(1) For the purposes of this section, prepaid legal insurance means the assumption of a contractual obligation that is to be spread, directly or indirectly, among a group of persons to provide specified legal services or reimbursement for legal expenses in consideration of a specified payment for an interval of time, regardless of whether the payment is made by the beneficiary or by a third person on behalf of the beneficiary.
(2) Prepaid legal insurance does not include the provision of or reimbursement for legal services that are incidental to other insurance coverage. The following are not prepaid legal insurance:
(a) retainer contracts made with individual clients with fees based on estimates of the nature and amount of services that will be required;
(b) contracts made with a group of clients involved in the same or closely related legal matters;
(c) plans providing only a referral service or a discount card for legal services;
(d) legal services provided by unions or employee associations to members pertaining to employment or occupation; or
(e) legal services provided by an agency of state or federal government to employees.
(3) Prepaid legal insurance is a type of casualty insurance provided for in 33-1-206.
History: En. Sec. 66, Ch. 472, L. 1999; amd. Sec. 11, Ch. 227, L. 2001.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-216. Involuntary unemployment insurance

33-1-216. Involuntary unemployment insurance.
(1) Involuntary unemployment insurance means insurance providing the insured borrower with coverage for consumer credit replacement obligations for a period or periods during which the borrower is involuntarily unemployed. Involuntary unemployment insurance must at least provide benefits for the loss of employment income caused by individual or mass layoff, a general strike, termination by an employer, a dispute involving organized labor, and a lockout.
(2) Involuntary unemployment insurance is a type of casualty insurance provided for in 33-1-206.
History: En. Sec. 67, Ch. 472, L. 1999; amd. Sec. 12, Ch. 227, L. 2001.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-217. Gap amount -- gap insurance

33-1-217. Gap amount -- gap insurance.
(1) As used in this section, gap amount means the difference between the amount owed by the lessee or borrower under the purchase or lease agreement in the event of total loss of the personal property prior to the expiration of the agreement by theft or physical damage and the actual cash value or portion received by the lessor or creditor from insurance proceeds or from any other person on account of the total loss or destruction of the personal property.
(2) Gap insurance means insurance covering the gap amount that is payable upon the total loss of personal property, which is the subject of a lease or a loan or another credit transaction, occasioned by the theft of or physical damage to the property.
(3) Gap insurance is a type of casualty insurance provided for in 33-1-206.
History: En. Sec. 68, Ch. 472, L. 1999; amd. Sec. 13, Ch. 227, L. 2001.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-218. Credit insurances -- definitions

33-1-218. Credit insurances -- definitions.
As used in this code, the following definitions apply:
(1) "Credit disability insurance" means the same as defined in 33-21-103.
(2) "Credit life insurance" means the same as defined in 33-21-103.
(3) "Credit property insurance" means any policy, endorsement, rider, cover note, memorandum, certificate, or other instrument or evidence of insurance covering perils to goods purchased through a credit transaction or pledged as collateral for a credit transaction and that concerns a creditor's interest in the purchased goods or pledged collateral either in whole or in part. Credit property insurance is a type of property insurance as provided for in 33-1-210.
(4) "Credit unemployment insurance" means insurance on a debtor to provide indemnity for payments or debt becoming due on a specific loan or other credit transaction while the debtor is involuntarily unemployed as defined in the policy. Credit unemployment insurance is a type of involuntary unemployment insurance as provided for in 33-1-216.
(5) "Debtor" means the same as defined in 33-21-103.
History: En. Sec. 9, Ch. 106, L. 2001.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-219. Mortgage insurances -- definitions

33-1-219. Mortgage insurances -- definitions.
(1) "Mortgage" or "mortgage loan" is an indebtedness of more than 10 years duration that is secured by a real estate mortgage.
(2) "Mortgage disability insurance" is disability insurance designed to pay off all or a part of a mortgage loan in the event of the insured's disability. Mortgage disability insurance is a type of credit disability insurance.
(3) (a) "Mortgage guaranty insurance" is:
(i) insurance against financial loss by reason of nonpayment of principal, interest, or other sums agreed to be paid under the terms of any note, bond, or other evidence of indebtedness secured by a mortgage, deed of trust, or other instrument constituting a lien or charge on real estate if the improvement of the real estate is a residential building, a condominium unit, or other building designed for occupancy by not more than four families;
(ii) insurance against financial loss by reason of nonpayment of principal, interest, or other sums agreed to be paid under the terms of any note, bond, or other evidence of indebtedness secured by a mortgage, deed of trust, or other instrument constituting a lien or charge on real estate if the improvement on the real estate is a building or buildings designed for occupancy by five or more families or is designed to be occupied for industrial or commercial purposes; or
(iii) insurance against financial loss by reason of nonpayment of rent or other sums agreed to be paid under the terms of a written lease for the possession, use, or occupancy of real estate if the improvement of the real estate is a building or buildings designed to be occupied for industrial or commercial purposes.
(b) Mortgage guaranty insurance is a type of casualty insurance as provided for in 33-1-206.
(4) "Mortgage life insurance" is life insurance designed to pay off all or a part of a mortgage loan in the event of the insured's death. Mortgage life insurance is a type of credit life insurance as defined in 33-21-103.
History: En. Sec. 10, Ch. 106, L. 2001.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-220. Rental car insurance

33-1-220. Rental car insurance.
Rental car insurance is insurance that:
(1) provides coverage for periods of less than 90 days;
(2) applies only to the rental car subject to the rental agreement; and
(3) is limited to the following kinds of insurance:
(a) personal accident insurance for renters and other rental car occupants, for accidental death or dismemberment, and for medical expenses resulting from an accident that occurs with the rental car during the rental period;
(b) liability insurance that provides protection to the renters and other authorized drivers of a rental car for liability arising from the operation or use of the rental car during the rental period;
(c) personal effects insurance that provides coverage to renters and other vehicle occupants for loss of or damage to personal effects in the rental car during the rental period; or
(d) motor club services, as defined in 61-12-301.
History: En. Sec. 3, Ch. 427, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-221. Nationwide inland marine definition law

33-1-221. Nationwide inland marine definition law.
Sections 33-1-221 through 33-1-229 may be cited as the "Nationwide Inland Marine Definition Act".
History: En. Sec. 1, Ch. 467, L. 1981.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-222. Purpose

33-1-222. Purpose.
(1) The purpose of 33-1-221 through 33-1-229 is to describe the kinds of risks and coverages which may be classified or identified under state insurance laws as marine, inland marine, or transportation insurance, but 33-1-221 through 33-1-229 do not include all of the kinds of risks and coverages which may be written, classified, or identified under marine, inland marine, or transportation insuring powers. Sections 33-1-221 through 33-1-229 may not be construed to mean that the kinds of risks and coverages described herein are solely marine, inland marine, or transportation insurance in all instances.
(2) Sections 33-1-221 through 33-1-229 may not be construed to restrict or limit in any way the exercise of any insuring powers granted under charters and licenses whether used separately, in combination, or otherwise.
History: En. Sec. 2, Ch. 467, L. 1981.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-223. Imports

33-1-223. Imports.
Imports may be covered by marine, inland marine, and transportation policies subject to the following conditions:
(1) Imports are covered wherever they are located, without restriction as to time, provided the coverage of the issuing companies includes hazards of transportation.
(2) Property is an import and the proper subject of marine, inland marine, or transportation insurance as long as the property remains segregated in such a way that it can be identified and has not become incorporated into and mixed with the general mass of property in the United States; property ceases to be an import and the proper subject of marine, inland marine, or transportation insurance when it has been:
(a) sold and delivered by the importer, factor, or consignee;
(b) removed from its place of storage and placed on sale as part of an importer's stock in trade at a point of sale or distribution; or
(c) delivered for manufacture, processing, or change in form to premises of the importer or another, to be used for such purposes.
History: En. Sec. 3, Ch. 467, L. 1981.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-224. Exports

33-1-224. Exports.
Exports may be covered by marine, inland marine, and transportation policies subject to the following conditions:
(1) Exports are covered wherever they are located, without restriction as to time, provided the coverage of the issuing companies includes hazards of transportation.
(2) Property is an export and the proper subject of marine, inland marine, or transportation insurance when designated or while being prepared for export and remains an export unless diverted for domestic trade. If the property is diverted for domestic trade, the provisions of 33-1-225 apply. This section does not apply to long-established methods of insuring certain commodities such as cotton.
History: En. Sec. 4, Ch. 467, L. 1981.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-225. Domestic shipments

33-1-225. Domestic shipments.
Domestic shipments may be covered by marine, inland marine, and transportation policies subject to the following conditions:
(1) Domestic shipments on consignment for sale, distribution, exhibit, trial, approval, or auction may be covered while in transit, while in the custody of others, and while being returned, except that the policy may not cover property while it is on premises owned, leased, or operated by the consignor.
(2) Domestic shipments not on consignment may be covered if the coverage of the issuing companies includes hazards of transportation beginning and ending within the United States. Such shipments are not covered at the manufacturing premises or after arrival at premises owned, leased, or operated by the assured or the purchaser.
History: En. Sec. 5, Ch. 467, L. 1981.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-226. Instrumentalities of transportation and commerce

33-1-226. Instrumentalities of transportation and commerce.
Bridges, tunnels, and other instrumentalities of transportation and communication (excluding buildings and improvements, furniture, furnishings, fixed contents, and supplies held in storage) may be covered by marine, inland marine, and transportation policies. This category includes:
(1) bridges, tunnels, and other similar instrumentalities, including auxiliary facilities and equipment attendant thereto;
(2) piers, wharves, docks, slips, drydocks, and marine railways;
(3) pipelines, including on-line propulsion, regulating, and other equipment appurtenant to such pipelines but excluding all property at manufacturing, producing, refining, converting, treating, or conditioning plants;
(4) power transmission, telephone, and telegraph lines, excluding all property at generating, converting, or transforming stations, substations, and exchanges;
(5) radio and television communication equipment in use as such, including towers and antennas with auxiliary equipment, and appurtenant electrical operating and control apparatus; and
(6) outdoor cranes, loading bridges, and similar equipment used to load, unload, and transport.
History: En. Sec. 6, Ch. 467, L. 1981.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-227. Personal property

33-1-227. Personal property.
Risks generally covered by personal property floaters covering individuals or items of personal property may be covered by marine, inland marine, and transportation policies. This category includes:
(1) personal effects floater policies;
(2) personal property floaters;
(3) government service floaters;
(4) personal fur floaters;
(5) personal jewelry floaters;
(6) wedding present floaters for a period not exceeding 90 days after the date of the wedding;
(7) silverware floaters;
(8) fine arts floaters covering paintings, etchings, pictures, tapestries, art glass windows, and other bona fide works of art of rarity, historical value, or artistic merit;
(9) stamp and coin floaters;
(10) musical instrument floaters. For purposes of this section, radios, televisions, record players, and combinations thereof are not musical instruments.
(11) mobile articles, machinery, and equipment floaters (excluding motor vehicles designed for highway use and motor homes, trailers, and semitrailers except when hauled by tractors not designed for highway use) covering identified property of a mobile or floating nature pertaining to or usual to a household. Such policies shall not cover furniture and fixtures not customarily used away from premises where such property is usually kept.
(12) installment sales and leased property policies covering property pertaining to a household and sold under conditional contract of sale, partial payment contract, or installment sales contract or leased but excluding motor vehicles designed for highway use. Such policies must cover property in transit but shall not extend beyond the termination of the seller's or lessor's interest; and
(13) live animal floaters.
History: En. Sec. 7, Ch. 467, L. 1981.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-229. Exceptions

33-1-229. Exceptions.
Unless otherwise permitted, nothing in 33-1-223 through 33-1-229 may be construed to permit marine, inland marine, or transportation insurance policies to cover:
(1) storage of an assured's merchandise, except as specifically provided;
(2) merchandise in the course of manufacture which is the property of and on the premises of the manufacturer;
(3) furniture, fixtures, and improvements to buildings; or
(4) money or securities in safes, vaults, safety deposit vaults, or banks or on the assured's premises, except while in the course of transportation.
History: En. Sec. 9, Ch. 467, L. 1981.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 2. Definitions and Insurance Coverages › 33-1-235. Disability income insurance

33-1-235. Disability income insurance.
"Disability income insurance" means an individual or group policy of insurance that primarily provides payment to or for the benefit of the policyholder or certificate holder based, in whole or in part, upon lost wages or other earned income or business or financial losses as a result of an inability to work due to sickness, injury, or a combination of sickness and injury.
History: En. Sec. 5, Ch. 380, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 3. Commissioner and Department General Powers and Duties › 33-1-301. Insurance department -- control -- appropriations

33-1-301. Insurance department -- control -- appropriations.
(1) The insurance department shall be under the control and supervision of the commissioner.
(2) Funds adequate for the maintenance and operation of the insurance department shall be expressly appropriated by the legislature and shall be used solely for the purposes for which so appropriated.
History: En. Sec. 21, Ch. 286, L. 1959; R.C.M. 1947, 40-2702(2), (3).
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 3. Commissioner and Department General Powers and Duties › 33-1-302. Commissioner's seal

33-1-302. Commissioner's seal.
(1) The commissioner must have a seal of office consisting of the same symbolic design within the inner circle as the great seal of the state of Montana, encircled by the words "Commissioner of Insurance, State of Montana".
(2) All certificates and licenses issued by the commissioner must bear the seal, except that the commissioner may omit the seal for licenses.
History: En. Sec. 22, Ch. 286, L. 1959; R.C.M. 1947, 40-2703; amd. Sec. 1061, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 3. Commissioner and Department General Powers and Duties › 33-1-303. Deputies and assistants -- employment, compensation, and termination

33-1-303. Deputies and assistants -- employment, compensation, and termination.
(1) The commissioner shall appoint a chief deputy insurance commissioner who is in charge of the insurance department under the direction and control of the commissioner.
(2) The commissioner may appoint additional deputy insurance commissioners for the purposes that the commissioner designates.
(3) The commissioner may employ a competent insurance actuary to perform actuarial duties, if any, of the department, to take charge of or assist in the examination of insurers, and to perform other duties assigned to the commissioner.
(4) The commissioner may appoint or employ examiners to conduct or assist in examinations of insurers and others provided for under the code. Examiners must be competent, because of experience or special education or training, to fulfill the responsibilities of an insurance examiner.
(5) The commissioner shall appoint or employ insurance protection analysts for the purpose of ensuring that insurers and their representatives comply with market regulations provided by law.
(6) The commissioner may appoint and employ a field investigator whose primary duty it is, as directed by the commissioner, to make investigations in this state of violations or claimed violations of this code.
(7) The commissioner may appoint a chief clerk for the insurance department and employ other assistants and clerks as may be necessary to assist the commissioner properly to discharge the duties imposed under this code.
(8) The commissioner may at any time terminate the appointment, designation, or employment of any deputy, actuary, chief clerk, or other employee.
(9) The commissioner may from time to time contract for and procure, on a fee or part-time basis, or both, actuarial, technical, or other professional services as the commissioner may require for the discharge of duties.
(10) The compensation of the commissioner's personal staff, as defined in Title 2, chapter 18, part 1, shall be as fixed by the commissioner but in the aggregate may not exceed current funds appropriated by the legislature to the insurance department or otherwise currently available for the purpose.
History: En. Sec. 23, Ch. 286, L. 1959; R.C.M. 1947, 40-2704; amd. Sec. 1, Ch. 4, L. 1979; amd. Sec. 4, Ch. 198, L. 1979; amd. Sec. 1, Ch. 165, L. 1993.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 3. Commissioner and Department General Powers and Duties › 33-1-304. Delegation of authority -- responsibility

33-1-304. Delegation of authority -- responsibility.
(1) The commissioner may delegate to any deputy, assistant, examiner, or employee of the commissioner's department the exercise or discharge in the commissioner's name of any power, duty, or function, whether ministerial or discretionary, vested by this code in the commissioner.
(2) The commissioner is responsible for the official acts of the commissioner's deputy, assistant, examiner, or employee acting in the commissioner's name and by the commissioner's authority.
History: En. Sec. 25, Ch. 286, L. 1959; R.C.M. 1947, 40-2706; amd. Sec. 1062, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 3. Commissioner and Department General Powers and Duties › 33-1-305. Conflicts of interest prohibited

33-1-305. Conflicts of interest prohibited.
The commissioner or any deputy, examiner, assistant, or employee of the commissioner:
(1) may not be financially interested, directly or indirectly, in any insurer, insurance agency, or insurance transaction except as a policyholder or claimant under a policy; and
(2) is subject to the ethics provisions in Title 2, chapter 2.
History: En. Sec. 24, Ch. 286, L. 1959; R.C.M. 1947, 40-2705(part); amd. Sec. 1, Ch. 62, L. 2019.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 3. Commissioner and Department General Powers and Duties › 33-1-306. Dual contracts permitted

33-1-306. Dual contracts permitted.
As to such matters wherein a conflict of interest does not exist on the part of any such individual, the commissioner may employ or retain from time to time insurance actuaries, attorneys, or other technicians who are independently practicing their professions even though similarly employed or retained by insurers or others.
History: En. Sec. 24, Ch. 286, L. 1959; R.C.M. 1947, 40-2705(part).
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 3. Commissioner and Department General Powers and Duties › 33-1-311. General powers and duties

33-1-311. General powers and duties.
(1) The commissioner shall enforce the applicable provisions of the laws of this state and shall execute the duties imposed on the commissioner by the laws of this state.
(2) The commissioner has the powers and authority expressly conferred upon the commissioner by or reasonably implied from the provisions of the laws of this state.
(3) Except as otherwise provided in 33-39-101, the commissioner shall administer the department to ensure that the interests of insurance consumers are protected.
(4) The commissioner may conduct examinations and investigations of insurance matters, in addition to examinations and investigations expressly authorized, as the commissioner considers proper, to determine whether any person has violated any provision of the laws of this state or to secure information useful in the lawful administration of any provision. The cost of additional examinations and investigations must be borne by the state.
(5) The commissioner shall maintain as confidential any information or document received from:
(a) the national association of insurance commissioners; or
(b) another state agency, an insurance department from another state, a federal agency, the interstate insurance product regulation commission, or a foreign government that treats the same information or document as confidential. The commissioner may provide information or documents, including information or documents that are confidential, to another state agency, the national association of insurance commissioners, a state or federal law enforcement agency, a federal agency, the interstate insurance product regulation commission, a foreign government, or an insurance department in another state if the recipient agrees to maintain the confidentiality of the information or documents.
(6) The department is a criminal justice agency as defined in 44-5-103.
History: En. Sec. 28, Ch. 286, L. 1959; amd. Sec. 1, Ch. 16, L. 1969; R.C.M. 1947, 40-2709(1) thru (3), (5); amd. Sec. 1, Ch. 99, L. 1989; amd. Sec. 2, Ch. 165, L. 1993; amd. Sec. 5, Ch. 379, L. 1995; amd. Sec. 10, Ch. 472, L. 1999; amd. Sec. 14, Ch. 227, L. 2001; amd. Sec. 2, Ch. 399, L. 2007; amd. Sec. 6, Ch. 227, L. 2011; amd. Sec. 4, Ch. 360, L. 2013.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 3. Commissioner and Department General Powers and Duties › 33-1-312. Records and certificates

33-1-312. Records and certificates.
(1) The commissioner shall enter in permanent form records of the commissioner's official transactions, examinations, investigations, and proceedings and keep the records in the commissioner's office. The records and insurance filings in the commissioner's office must be open to public inspection except as otherwise provided in this code with respect to particular records or filings.
(2) When required, the commissioner shall furnish a certificate as to the authority of any person to transact insurance, and the certificate must be evidence of the facts set forth in the certificate.
(3) Copies of records or documents in the commissioner's office certified to by the commissioner must be received in evidence in all courts as if they were the originals.
History: (1)En. Sec. 26, Ch. 286, L. 1959; Sec. 40-2707, R.C.M. 1947; (2), (3)En. Sec. 27, Ch. 286, L. 1959; Sec. 40-2708, R.C.M. 1947; R.C.M. 1947, 40-2707, 40-2708; amd. Sec. 1063, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 3. Commissioner and Department General Powers and Duties › 33-1-313. Rules

33-1-313. Rules.
The commissioner may make reasonable rules necessary for or as an aid to the effective administration of any provision of this code.
History: En. Sec. 29, Ch. 286, L. 1959; R.C.M. 1947, 40-2710; amd. Sec. 80, Ch. 370, L. 1987; amd. Sec. 6, Ch. 606, L. 1987; amd. Sec. 15, Ch. 227, L. 2001.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 3. Commissioner and Department General Powers and Duties › 33-1-314. Orders and notices

33-1-314. Orders and notices.
(1) Orders and notices of the commissioner are not effective unless in writing, signed by the commissioner or by the commissioner's authority.
(2) Each order must state its effective date and must concisely state:
(a) its intent or purpose;
(b) the grounds on which the order is based;
(c) the provisions of this code pursuant to the action taken or proposed to be taken, but failure to designate a particular provision does not deprive the commissioner of the right to rely on a particular provision.
(3) The commissioner may effect service of process of an order or notice by mailing it, postage prepaid, addressed to the person affected by the order or notice, to the person's principal place of business as recorded in the commissioner's office. The commissioner's order is effective when mailed. If the commissioner does not have a record of the person's principal place of business, the commissioner may effect service of process of an order or notice upon a person by mailing it, postage prepaid, to the address as listed on the person's driver's license, as ascertained by the commissioner through the motor vehicle division of the department of justice, or, if a partnership, corporation, or similar entity, as ascertained from documentation filed in the office of the secretary of state.
(4) The commissioner may have a person served pursuant to Rule 4(c)(2)(C), (c)(2)(D), and (d) through (s) of the Montana Rules of Civil Procedure.
History: En. Sec. 30, Ch. 286, L. 1959; R.C.M. 1947, 40-2711; amd. Sec. 16, Ch. 227, L. 2001.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 3. Commissioner and Department General Powers and Duties › 33-1-315. Witnesses -- production of records -- subpoena -- failure to respond

33-1-315. Witnesses -- production of records -- subpoena -- failure to respond.
(1) With respect to the subject of any examination or investigation being conducted by the commissioner, or the commissioner's designee if general written authority has been given the designee by the commissioner, the commissioner or the designee may subpoena witnesses and administer oaths or affirmations and examine any individual under oath and may require and compel the production of records, books, papers, contracts, and other documents by attachments, if necessary. Subpoenas of witnesses must be served in the same manner as if issued from a district court.
(2) If in connection with an examination of an insurer the commissioner or the commissioner's designee desires to examine an officer, director, or manager who is outside this state, the commissioner or the commissioner's designee may conduct and enforce by all appropriate and available means any examination under oath in any other state or territory of the United States in which the officer, director, or manager is located, to the full extent permitted by the laws of that state or territory.
(3) If a witness fails to obey a subpoena to appear before the commissioner or the commissioner's designee or refuses to testify or answer any material question or to produce records, books, papers, contracts, or documents when required to do so, the commissioner or the commissioner's designee shall institute proceedings in the district court to compel obedience to the subpoena or other order or to punish the witness for neglect or refusal to obey the summons or other order.
(4) Witness fees and mileage, if claimed, must be allowed on the same basis as for testimony in a district court. Witness fees, mileage, and the actual expenses necessarily incurred in securing attendance of witnesses and their testimony must be itemized and paid by the person being examined if the person is found to have been in violation of the law as to the matter with respect to which the witnesses were subpoenaed.
(5) A person who knowingly fails to attend, answer, and produce records, documents, or other evidence requested by the commissioner or the commissioner's designee, who knowingly fails to give full and truthful information or to answer in writing to any material inquiry of the commissioner or the commissioner's designee relative to the subject of an examination, investigation, or hearing, or who knowingly fails to appear and testify under oath before the commissioner or the commissioner's designee is subject to the provisions of 33-1-317 and 33-1-318.
History: En. Sec. 37, Ch. 286, L. 1959; R.C.M. 1947, 40-2718; amd. Sec. 5, Ch. 198, L. 1979; amd. Sec. 17, Ch. 227, L. 2001; amd. Sec. 3, Ch. 493, L. 2003.