reglab/statecodes huggingface dataset:
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 › 33-1-316. Testimony compelled -- immunity from prosecution

33-1-316. Testimony compelled -- immunity from prosecution.
(1) A person may not be excused from attending and testifying or producing any evidence in any examination or investigation conducted by or under authority of the commissioner on the ground that the person's testimony or the evidence required may tend to incriminate or subject the person to a penalty or forfeiture. However, testimony or evidence compelled following a claim of privilege against self-incrimination or any information directly or indirectly derived from compelled testimony or evidence may not be used against the person in a criminal prosecution.
(2) The commissioner may grant immunity from prosecution for or on account of any act, occurrence, transaction, matter, or other thing concerning which a person testifies if the commissioner determines that the ends of justice would be served by granting the additional immunity.
(3) Immunity does not extend to prosecution or punishment for false statements by the person that are contained in testimony or evidence given under this part.
History: En. Sec. 38. Ch. 286, L. 1959; R.C.M. 1947, 40-2719; amd. Sec. 1, Ch. 246, L. 1991; amd. Sec. 1, Ch. 451, L. 1993; amd. Sec. 18, 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 › 33-1-317. Penalty imposed by commissioner

33-1-317. Penalty imposed by commissioner.
The commissioner may, after having conducted a hearing pursuant to 33-1-701, impose a fine not to exceed the sum of $25,000 upon a person found to have violated a provision of this code or regulation promulgated by the commissioner, except that the fine imposed upon insurance producers or adjusters may not exceed $5,000 per violation. The fine is in addition to all other penalties imposed by the laws of this state and must be collected by the commissioner in the name of the state of Montana. Imposition of a fine under this section is an order from which an appeal may be taken, pursuant to the provisions of 33-1-711.
History: En. Sec. 28, Ch. 286, L. 1959; amd. Sec. 1, Ch. 16, L. 1969; R.C.M. 1947, 40-2709(4); amd. Sec. 1, Ch. 278, L. 1987; amd. Sec. 81, Ch. 370, L. 1987; amd. Sec. 7, Ch. 606, L. 1987; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 1, Ch. 164, L. 1993.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 4. Examinations by Department › 33-1-401. Examination of insurers

33-1-401. Examination of insurers.
(1) The commissioner shall examine the affairs, transactions, accounts, records, and assets of each authorized insurer as often as the commissioner considers advisable. The commissioner shall examine each authorized insurer not less frequently than every 5 years.
(2) The commissioner shall in like manner examine each insurer applying for an initial certificate of authority to do business in this state.
(3) In lieu of making an examination under this part of any foreign or alien insurer licensed in this state, the commissioner may accept an examination report on the company prepared by the insurance department for the company's state of domicile or port-of-entry state until January 1, 1994. After January 1, 1994, the reports may only be accepted if:
(a) the insurance department was at the time of the examination accredited under the national association of insurance commissioners' financial regulation standards and accreditation program; or
(b) the examination is performed under the supervision of an accredited state insurance department or with the participation of one or more examiners who are employed by such an accredited state insurance department and who, after a review of the examination workpapers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by their insurance department.
(4) For purposes of completing an examination of any company under this part, the commissioner may examine or investigate any person or the business of any person, insofar as the examination or investigation is, in the sole discretion of the commissioner, necessary or material to the examination of the company.
History: En. Sec. 32, Ch. 286, L. 1959; R.C.M. 1947, 40-2713; amd. Sec. 39, Ch. 596, L. 1993.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 4. Examinations by Department › 33-1-402. Examination of insurance producers, managers, and promoters

33-1-402. Examination of insurance producers, managers, and promoters.
For the purpose of ascertaining compliance with this code, the commissioner may, as often as the commissioner considers advisable, examine the accounts, records, documents, and transactions pertaining to or affecting its insurance affairs or proposed insurance affairs of:
(1) an insurance producer, surplus lines insurance producer, general insurance producer, adjuster, or public adjuster;
(2) a person having a contract under which the person enjoys in fact the exclusive or dominant right to manage or control an insurer;
(3) a person holding the shares of voting stock or policyholder proxies of a domestic insurer, for the purpose of controlling the management of the domestic insurer, as voting trustee or otherwise;
(4) a person engaged in or proposing to be engaged in or assisting in the promotion or formation of a domestic insurer or insurance holding corporation or corporation to finance a domestic insurer or the production of its business.
History: En. Sec. 33, Ch. 286, L. 1959; R.C.M. 1947, 40-2714; amd. Sec. 22, Ch. 537, L. 1987; amd. Sec. 7, Ch. 713, L. 1989; amd. Sec. 1064, Ch. 56, L. 2009; amd. Sec. 1, Ch. 139, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 4. Examinations by Department › 33-1-403. Repealed

33-1-403. Repealed.
Sec. 71, Ch. 596, L. 1993.
History: En. Sec. 34, Ch. 286, L. 1959; R.C.M. 1947, 40-2715; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 4. Examinations by Department › 33-1-410. Conflict of interest

33-1-410. Conflict of interest.
(1) An examiner may not be appointed by the commissioner if the examiner, either directly or indirectly, has a conflict of interest with, is affiliated with the management of, or owns a pecuniary interest in any person subject to examination under this part. This section may not be construed to automatically preclude an examiner from being:
(a) a policyholder or claimant under an insurance policy;
(b) a grantor of a mortgage or similar instrument on the examiner's residence to a regulated entity if done under customary terms and in the ordinary course of business;
(c) an investment owner in shares of regulated diversified investment companies; or
(d) a settlor or beneficiary of a blind trust into which any otherwise impermissible holdings have been placed.
(2) Notwithstanding the requirements of this section, the commissioner may retain from time to time, on an individual basis, qualified actuaries, certified public accountants, or other individuals who are independently practicing their professions, even though the persons may from time to time be similarly employed or retained by persons subject to examination under this part.
History: En. Sec. 33, Ch. 596, L. 1993.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 4. Examinations by Department › 33-1-411. Destruction of records -- hindrance of examination -- penalty

33-1-411. Destruction of records -- hindrance of examination -- penalty.
A director, officer, agent, or employee of a company who for the purpose of hindering any examination conducted pursuant to this part destroys any books, records, or documents required to be kept by law shall be punished by a fine as provided in 33-1-317. After notice and hearing in accordance with Title 33, chapter 1, part 7, the commissioner may revoke the certificate of authority of the company.
History: En. Sec. 35, Ch. 286, L. 1959; amd. Sec. 1, Ch. 28, L. 1967; R.C.M. 1947, 40-2716(3); amd. Sec. 6, Ch. 198, L. 1979; amd. Sec. 11, Ch. 472, L. 1999.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 4. Examinations by Department › 33-1-412. Repealed

33-1-412. Repealed.
Sec. 71, Ch. 596, L. 1993.
History: En. Sec. 35, Ch. 286, L. 1959; amd. Sec. 1, Ch. 28, L. 1967; R.C.M. 1947, 40-2716(1), (2), (4) thru (7).
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 4. Examinations by Department › 33-1-413. Examination expense -- lien

33-1-413. Examination expense -- lien.
(1) Upon presentation of a detailed account of charges and expenses by the commissioner or pursuant to the commissioner's written authorization, each person examined, other than examinations pursuant to 33-1-402, shall pay the actual travel expenses, a reasonable living expense allowance, and a per diem as compensation of examiners as necessarily incurred on account of the examination, all at reasonable rates as established or adopted by the commissioner. An account may be presented periodically during the course of the examination or at the termination of the examination as the commissioner considers proper. A person may not pay and an examiner may not accept any additional emolument on account of an examination.
(2) The commissioner shall pay to the state treasurer to the credit of the state special revenue fund all money received pursuant to subsection (1).
(3) If a person fails to pay the charges and expenses, as referred to in subsection (1), the charges and expenses must be paid out of the funds of the commissioner in the same manner as other disbursements of the funds. The amount paid is a first lien upon all of the assets and property in this state of the person and may be recovered by suit by the attorney general on behalf of the state of Montana and restored to the appropriate fund.
History: En. Sec. 36, Ch. 286, L. 1959; amd. Sec. 72, Ch. 147, L. 1963; R.C.M. 1947, 40-2717; amd. Sec. 96, Ch. 379, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 5. Approval of Forms › 33-1-502. Grounds for disapproval

33-1-502. Grounds for disapproval.
The commissioner shall disapprove any form filed under 33-1-501 or withdraw any previous approval of a form only if the form:
(1) is in any respect in violation of or does not comply with the laws of this state;
(2) contains or incorporates by reference, where the incorporation is otherwise permissible, any inconsistent, ambiguous, or misleading clauses or exceptions and conditions that deceptively affect the risk purported to be assumed in the general coverage of the contract, including a provision in a casualty insurance form permitting defense costs within limits, except as permitted by the commissioner;
(3) has any title, heading, or other indication of its provisions that is misleading;
(4) is printed or otherwise reproduced in a manner that renders any provision of the form substantially illegible;
(5) contains any provision that violates the provisions of 49-2-309.
History: En. Sec. 272, Ch. 286, L. 1959; R.C.M. 1947, 40-3715; amd. Sec. 1, Ch. 122, L. 1987; amd. Sec. 10, Ch. 699, L. 1991; amd. Sec. 1065, Ch. 56, L. 2009; amd. Sec. 8, Ch. 151, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 6. Service of Process › 33-1-601. Repealed

33-1-601. Repealed.
Sec. 14, Ch. 60, L. 2019.
History: En. Sec. 63, Ch. 286, L. 1959; R.C.M. 1947, 40-2818(1), (3); amd. Sec. 19, Ch. 227, L. 2001; amd. Sec. 1, Ch. 271, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 6. Service of Process › 33-1-602. Repealed

33-1-602. Repealed.
Sec. 14, Ch. 60, L. 2019.
History: En. Sec. 63, Ch. 286, L. 1959; R.C.M. 1947, 40-2818(2); amd. Sec. 1066, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 6. Service of Process › 33-1-603. Repealed

33-1-603. Repealed.
Sec. 14, Ch. 60, L. 2019.
History: En. Sec. 64, Ch. 286, L. 1959; amd. Sec. 1, Ch. 321, L. 1977; R.C.M. 1947, 40-2819; amd. Sec. 1067, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 6. Service of Process › 33-1-604. Service of process -- domestic insurer

33-1-604. Service of process -- domestic insurer.
(1) Service of process against a domestic insurer must be made pursuant to 35-7-113 or in any other manner permitted by law.
(2) Service of process against a domestic reciprocal insurer must be on the attorney-in-fact or in any other manner permitted by law.
History: En. Sec. 1, Ch. 60, L. 2019.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 6. Service of Process › 33-1-605. Service of process -- foreign or alien insurer -- appointment of registered agent

33-1-605. Service of process -- foreign or alien insurer -- appointment of registered agent.
(1) A foreign or alien insurer that transacts any business in this state must have a registered agent upon whom any legal process, notice, or demand required or permitted by law to be served upon a company must be served. The agent must be a person who either resides or maintains a business address in this state.
(2) The written appointment of an agent must be provided to the commissioner in a form prescribed by the commissioner, and must, at minimum, include a consent to service of process and the official name and address of the agent and the insurer represented.
(3) The commissioner shall keep a record of the foreign and alien insurers transacting business in Montana and the name and address of their registered agents. This record must be made public in a readily accessible form prescribed by the commissioner.
(4) Service by certified mail to a registered agent listed for an insurer constitutes service of legal process upon that insurer.
(5) An insurer may revoke the appointment of an agent by filing with the commissioner a written appointment of another agent and a statement that the appointment of the former agent is revoked. The authority of the agent whose appointment has been revoked terminates 30 days after the notice is received by the commissioner.
(6) When a foreign or alien insurer ceases to do business in this state, the agent last designated by or acting for the insurer is deemed to continue as agent for it unless a new agent is appointed. Service by certified mail upon any such agent constitutes service of legal process upon the insurer.
(7) This section does not limit or affect the right to serve any process, notice, or demand upon an insurer in any other manner permitted by law.
(8) When legal process is served pursuant to this section, the insurer must appear, answer, or plead within 30 days, exclusive of the date of mailing, after the date of the certified mailing or be subject to the laws of this state regarding default judgment.
(9) For the purposes of this section:
(a) "certified mail" means a method of sending by common carrier with tracking capability; and
(b) "legal process" means a summons and complaint.
History: En. Sec. 2, Ch. 60, L. 2019; amd. Sec. 5, Ch. 157, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 6. Service of Process › 33-1-606. Service of process by commissioner

33-1-606. Service of process by commissioner.
(1) If a registered agent cannot be found for a foreign or alien insurer doing business in this state, if the agent of record is no longer at the agent's listed address, if the insurer has failed to maintain an agent as required by 33-1-605, or for other good cause shown for which a person's rights may be adversely affected by inability to serve an insurer, a person desiring to serve legal process, notice, or demand may initiate service on the commissioner by providing to the commissioner all of the following:
(a) an affidavit stating that one of the conditions in subsection (1) exists and stating the most recent address of the insurer that the person, after diligent search, has been able to ascertain;
(b) two copies of the document to be served on the insurer; and
(c) a filing fee of $50.
(2) If the requirements of subsection (1) have been met, the commissioner shall promptly serve the legal process, notice, or demand by certified mail to the foreign or alien insurer at its principal office as shown in the commissioner's records. Service by the commissioner upon the insurer by certified mail constitutes service of legal process on that insurer. The commissioner shall maintain a record of each process, notice, or demand the commissioner serves under this section.
(3) When legal process is served pursuant to this section, the insurer must appear, answer, or plead within 30 days, exclusive of the date of mailing, after the date of the certified mailing or be subject to the laws of this state regarding default judgment.
(4) For purposes of this section:
(a) "certified mail" means a method of sending by common carrier with tracking capability; and
(b) "legal process" means a summons and complaint.
History: En. Sec. 3, Ch. 60, L. 2019.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 6. Service of Process › 33-1-611. Unauthorized Insurers Process Act -- interpretation

33-1-611. Unauthorized Insurers Process Act -- interpretation.
(1) Sections 33-1-611 through 33-1-616 constitute and may be cited as the "Unauthorized Insurers Process Act".
(2) Such act shall be so interpreted as to effectuate its general purpose to make uniform the law of those states which enact it.
History: En. Sec. 178, Ch. 286, L. 1959; R.C.M. 1947, 40-3403.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 6. Service of Process › 33-1-612. Commissioner -- process agent for unauthorized insurer doing business in state

33-1-612. Commissioner -- process agent for unauthorized insurer doing business in state.
Delivery, effectuation, or solicitation of any insurance contract, by mail or otherwise, within this state by an unauthorized insurer or the performance within this state of any other service or transaction connected with the insurance by or on behalf of the insurer must be considered to constitute an appointment by the insurer of the commissioner and the commissioner's successors in office as its attorney, upon whom may be served all lawful process issued within this state in any action or proceeding against the insurer arising out of any contract or transaction and must be considered to signify the insurer's agreement that any service of process has the same legal effect and validity as personal service of process upon it in this state.
History: En. Sec. 179, Ch. 286, L. 1959; R.C.M. 1947, 40-3404; amd. Sec. 1068, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 6. Service of Process › 33-1-613. Service of process -- criteria mandating designation of commissioner

33-1-613. Service of process -- criteria mandating designation of commissioner.
(1) Service of process upon any insurer pursuant to 33-1-612 must be made by delivering to and leaving with the commissioner or some person in apparent charge of the commissioner's office two copies of the process and the payment to the commissioner of the same fee as provided in 33-1-606. The commissioner shall mail by certified mail one of the copies of the process to the defendant at its principal place of business last known to the commissioner and shall keep a record of any process served upon the commissioner. The service of process is sufficient if notice of the service and a copy of the process are sent within 10 days by certified mail by the plaintiff's attorney to the defendant at its last-known principal place of business and the defendant's receipt or receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff's attorney showing a compliance with this section are filed with the clerk of the court in which the action is pending on or before the date the defendant is required to appear or within further time that the court may allow.
(2) Service of process in any action, suit, or proceeding must in addition to the manner provided in subsection (1) be valid if:
(a) served upon any person within this state who in this state on behalf of the insurer is:
(i) soliciting insurance;
(ii) making any contract of insurance or issuing or delivering any policies or written contracts of insurance; or
(iii) collecting or receiving any premium for insurance;
(b) a copy of the process is sent within 10 days by certified mail by the plaintiff's attorney to the defendant at the last-known principal place of business of the defendant; and
(c) the defendant's receipt or the receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff's attorney showing a compliance with this section are filed with the clerk of the court in which the action is pending on or before the date the defendant is required to appear or within further time that the court may allow.
(3) A plaintiff or complainant may not be entitled to a judgment by default under this section until the expiration of 30 days from the date of the filing of the affidavit of compliance.
(4) This section does not limit or abridge the right to serve any process, notice, or demand upon any insurer in any other manner now or later permitted by law.
History: En. 40-3405 by Sec. 180, Ch. 286, L. 1975; R.C.M. 1947, 40-3405; amd. Sec. 1069, Ch. 56, L. 2009; amd. Sec. 4, Ch. 60, L. 2019.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 6. Service of Process › 33-1-614. Exemptions from service of process provisions

33-1-614. Exemptions from service of process provisions.
Sections 33-1-611 through 33-1-613 shall not apply to:
(1) surplus lines insurance lawfully effectuated under part 3, chapter 2;
(2) reinsurance; or
(3) any action or proceeding against an unauthorized insurer arising out of:
(a) wet marine and transportation insurance;
(b) insurance on or with respect to subjects located, resident, or to be performed wholly outside this state or on or with respect to vehicles or aircraft owned and principally garaged outside this state;
(c) insurance on property or operations of railroads engaged in interstate commerce; or
(d) insurance on aircraft or cargo of such aircraft or against liability, other than employer's liability, arising out of the ownership, maintenance, or use of such aircraft, where the policy or contract contains a provision designating the commissioner as its attorney for the acceptance of service of lawful process in any action or proceeding instituted by or on behalf of an insured or beneficiary arising out of any such policy or where the insurer enters a general appearance in any such action.
History: En. Sec. 181, Ch. 286, L. 1959; R.C.M. 1947, 40-3406; amd. Sec. 23, Ch. 537, L. 1987.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 6. Service of Process › 33-1-615. Defense of action by unauthorized insurer

33-1-615. Defense of action by unauthorized insurer.
(1) Before an unauthorized insurer shall file or cause to be filed any pleading in any action or proceeding instituted against it under 33-1-612 and 33-1-613, such insurer shall:
(a) procure a certificate of authority to transact insurance in this state; or
(b) deposit with the clerk of the court in which such action or proceeding is pending cash or securities or file with such clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in such action. The court may in its discretion make an order dispensing with such deposit or bond where the insurer makes a showing satisfactory to the court that it maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such action or proceeding and that the insurer will pay any final judgment entered therein without requiring suit to be brought on such judgment in the state where such funds or securities are located.
(2) The court in any action or proceeding in which service is made in the manner provided in 33-1-613 may, in its discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (1) above and to defend such action.
(3) Nothing in subsection (1) above is to be construed to prevent an unauthorized insurer from filing a motion to quash or to set aside the service of any process made in the manner provided in 33-1-613 hereof, on the ground either:
(a) that such unauthorized insurer has not done any of the acts enumerated in 33-1-612; or
(b) that the person on whom service was made pursuant to 33-1-613(2) was not doing any of the acts therein enumerated.
History: En. Sec. 182, Ch. 286, L. 1959; R.C.M. 1947, 40-3407.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 6. Service of Process › 33-1-616. Attorney's fee

33-1-616. Attorney's fee.
In any action against an unauthorized insurer under this Unauthorized Insurers Process Act, if the insurer has failed for 30 days after demand prior to the commencement of the action to make payment in accordance with the terms of the insurance contract and it appears to the court that such refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney's fee and include such fee in any judgment that may be rendered in such action. The fee shall not exceed one-third of the amount which the court or jury finds the plaintiff is entitled to recover against the insurer, but in no event shall such fee be less than $100. Failure of an insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.
History: En. Sec. 183, Ch. 286, L. 1959; R.C.M. 1947, 40-3408.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 7. Hearings and Appeals › 33-1-701. Hearings -- discretion -- written demand -- procedure

33-1-701. Hearings -- discretion -- written demand -- procedure.
(1) The commissioner may hold hearings for any purpose within the scope of this code considered necessary. Hearing procedures contained in Title 33, chapter 1, apply only to Title 33, except as otherwise provided.
(2) A person may provide the commissioner with a written demand for a hearing. A written demand must specify the grounds relied upon as a basis for the relief sought at the hearing. If the commissioner does not issue an order granting a person's request for a hearing within 30 days of receiving a request, the hearing is considered refused.
(3) All hearings must be conducted pursuant to the Montana Administrative Procedure Act, as provided in Title 2, chapter 4, part 6. Any supplemental hearing procedures may be adopted by administrative rule.
History: En. Sec. 39, Ch. 286, L. 1959; R.C.M. 1947, 40-2720; amd. Sec. 1, Ch. 331, L. 1999; amd. Sec. 20, Ch. 227, L. 2001; amd. Sec. 6, Ch. 63, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 7. Hearings and Appeals › 33-1-702. Repealed

33-1-702. Repealed.
Sec. 73, Ch. 227, L. 2001.
History: En. Sec. 40, Ch. 286, L. 1959; R.C.M. 1947, 40-2721.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 7. Hearings and Appeals › 33-1-703. Repealed

33-1-703. Repealed.
Sec. 73, Ch. 227, L. 2001.
History: En. Sec. 41, Ch. 286, L. 1959; R.C.M. 1947, 40-2722.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 7. Hearings and Appeals › 33-1-704. Repealed

33-1-704. Repealed.
Sec. 73, Ch. 227, L. 2001.
History: En. Sec. 42, Ch. 286, L. 1959; R.C.M. 1947, 40-2723(1) thru (5); amd. Sec. 7, Ch. 198, L. 1979; amd. Sec. 32, Ch. 457, L. 1987; amd. Sec. 32, Ch. 798, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 7. Hearings and Appeals › 33-1-705. Rehearing

33-1-705. Rehearing.
Upon written request of a party to a hearing filed with the commissioner within 30 days after any order made pursuant to the hearing has been mailed or delivered to the persons entitled to receive the order, the commissioner may grant a rehearing or reargument of the matters involved in the hearing.
History: En. Sec. 42, Ch. 286, L. 1959; R.C.M. 1947, 40-2723(6); amd. Sec. 7, Ch. 380, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 7. Hearings and Appeals › 33-1-706. Repealed

33-1-706. Repealed.
Sec. 73, Ch. 227, L. 2001.
History: En. Sec. 43, Ch. 286, L. 1959; R.C.M. 1947, 40-2724.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 7. Hearings and Appeals › 33-1-707. Administrative or civil action -- statute of limitations

33-1-707. Administrative or civil action -- statute of limitations.
(1) Unless otherwise provided by law, the department shall commence an administrative or civil action for a violation of the insurance code within 2 years of the date of the violation or within 2 years after the department discovers the violation or, through the use of reasonable diligence, should have discovered the violation, whichever occurs later.
(2) Regardless of when the department discovers a violation or should have discovered a violation through the use of reasonable diligence, the department may not commence an administrative or civil action unless it is brought within 5 years of the date of the violation.
History: En. Sec. 4, Ch. 227, L. 2001; amd. Sec. 13, Ch. 396, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 7. Hearings and Appeals › 33-1-711. Appeals of commissioner's order -- stays -- exceptions

33-1-711. Appeals of commissioner's order -- stays -- exceptions.
(1) Except as provided in subsection (2), an appeal of the commissioner's order must be filed with the district court in Lewis and Clark County pursuant to the procedures provided for in Title 2, chapter 4, part 7.
(2) Appeals from the suspension or revocation of the certificate of authority of a domestic insurer or of the license of an insurance producer or surplus lines insurance producer may be filed in the district court of the county of Montana that the insurer or producer has its principal place of business or the licensee resides.
(3) Any request for a stay of the commissioner's order must be made within 30 days of filing an appeal in district court.
(4) Costs must be awarded as in civil actions.
(5) This section does not apply to appeals for matters covered by Title 33, chapter 16.
History: En. Sec. 44, Ch. 286, L. 1959; R.C.M. 1947, 40-2725; amd. Sec. 1, Ch. 119, L. 1987; amd. Sec. 24, Ch. 537, L. 1987; amd. Sec. 8, Ch. 713, L. 1989; amd. Sec. 1, Ch. 798, L. 1991; amd. Sec. 21, Ch. 227, L. 2001.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 8. Interference With Medical Communications › 33-1-801. Definitions

33-1-801. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Enrollee" means the individual to whom a health care service is provided or will be provided under a health plan.
(2) "Health care provider" or "provider" means a health care professional or facility.
(3) "Health carrier" means an entity that is subject to the insurance laws and rules of this state and that contracts, offers to contract, or enters into an agreement to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services. The term includes a disability insurer, health maintenance organization, or a health service corporation or other entity providing a health benefit plan.
(4) "Health plan" or "health benefit plan" means a policy, contract, certificate, or agreement entered into, offered, or issued by a health carrier to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services.
(5) "Managed care organization" means an entity that manages, owns, contracts with, or employs health care providers to provide health care services under a health plan. The term includes a health maintenance organization, as defined in 33-31-102, and an entity that does not itself provide health plans.
(6) "Medical communication" means:
(a) a communication made by a health care provider to an enrollee or to the guardian or other legal representative of an enrollee receiving health care services from the provider:
(i) concerning the mental or physical health care needs or treatment of the enrollee and the provisions, terms, or requirements of the health plan or another health plan relating to the needs or treatment of the enrollee; and
(ii) including a communication concerning:
(A) a test, consultation, or treatment option and a risk or benefit associated with the test, consultation, or option;
(B) variation among health care providers and health care facilities, as defined in 50-5-101, in experience, quality of health care services, or health outcomes;
(C) the basis or standard for the decision of the enrollee's health carrier or managed care organization to authorize or deny a health care service;
(D) the process used by the enrollee's health carrier or managed care organization to determine whether to authorize or deny a health care service; or
(E) a financial incentive or disincentive provided by the enrollee's health carrier or managed care organization to a health care provider to authorize or deny a health care service;
(b) a communication made by a health care provider to another health care provider, an employee or contractor of the enrollee's managed care organization, or an employee of the health carrier advocating a particular method of treatment on behalf of an enrollee.
History: En. Sec. 2, Ch. 527, L. 1997.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 8. Interference With Medical Communications › 33-1-802. Gag clauses and other action affecting medical communications prohibited -- exceptions

33-1-802. Gag clauses and other action affecting medical communications prohibited -- exceptions.
(1) A health carrier or managed care organization may not by an oral or written contract, by an oral or written direction or requirement, or by a financial inducement or penalty prohibit a provider from making or interfere with a provider making a medical communication to an enrollee. A contract, direction, requirement, or financial inducement or penalty violating this subsection is void.
(2) Subsection (1) does not apply to:
(a) an oral or written contract, direction, requirement, or financial inducement or penalty prohibiting a provider from disclosing a trade secret, as defined in 30-14-402, to the same extent as other employees or contractors of the health carrier or managed care organization are prohibited from disclosing the trade secret;
(b) an oral or written contract, direction, requirement, or financial inducement or penalty prohibiting a health care provider from referring an enrollee to another health plan or managed care organization in which the provider making the referral has a direct financial interest; and
(c) the terms of an oral or written contract mutually agreed upon by a health carrier or managed care organization and a provider requiring the provider to participate in and cooperate with all programs, policies, and procedures implemented by the health carrier or managed care organization to ensure, review, or improve the quality of health care.
History: En. Sec. 3, Ch. 527, L. 1997.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 8. Interference With Medical Communications › 33-1-803. Sanction because of medical communication prohibited

33-1-803. Sanction because of medical communication prohibited.
A health carrier or managed care organization may not take any of the following actions with regard to a health care provider because the provider made a medical communication to an enrollee or to the guardian or legal representative of the enrollee:
(1) terminate an agreement between the health carrier or managed care organization and the health care provider to provide health care services;
(2) reduce compensation to the provider;
(3) demote the provider in regard to relative seniority within the managed care organization;
(4) transfer the provider to other duties within the managed care organization;
(5) deny the provider admitting or other privileges; or
(6) take other action against the provider in retaliation for a medical communication made by the provider to an enrollee.
History: En. Sec. 4, Ch. 527, L. 1997.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 8. Interference With Medical Communications › 33-1-804. Civil penalty -- civil action for collection of penalty

33-1-804. Civil penalty -- civil action for collection of penalty.
(1) A health carrier or a managed care organization violating 33-1-802 or 33-1-803 is subject to a civil penalty, as provided in 33-1-317, for each violation. Each day of violation constitutes a separate violation for the purposes of this section.
(2) In addition to other enforcement methods provided by law, the commissioner may bring a civil action in the district court in the county in which the violation occurred to collect the civil penalty provided for in subsection (1) from a person violating a provision of this part. If the violation occurred in more than one county, any county in which the violation occurred is a proper venue for a civil action. An amount collected by the commissioner pursuant to this section must be deposited in the general fund.
History: En. Sec. 5, Ch. 527, L. 1997; amd. Sec. 15, Ch. 535, L. 2021.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 11. Jurisdiction of Providers of Health Care Benefits › 33-1-1101. Short title

33-1-1101. Short title.
This part may be cited as the "Jurisdiction to Determine Jurisdiction of Providers of Health Care Benefits Act".
History: En. Sec. 1, Ch. 497, L. 1983.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 11. Jurisdiction of Providers of Health Care Benefits › 33-1-1102. Authority and jurisdiction of insurance department

33-1-1102. Authority and jurisdiction of insurance department.
Notwithstanding any other provision of law and except as provided in this part, any person or other entity that provides coverage in this state for medical, surgical, chiropractic, physical therapy, speech-language pathology, audiology, professional mental health, dental, hospital, or optometric expenses, whether such coverage is by direct payment, reimbursement, or otherwise, is presumed to be subject to the jurisdiction of the department unless the person or other entity shows that while providing such services it is subject to the jurisdiction of another agency of this or another state or any subdivision thereof or the federal government.
History: En. Sec. 2, Ch. 497, L. 1983; amd. Sec. 6, Ch. 413, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 11. Jurisdiction of Providers of Health Care Benefits › 33-1-1111. How to show jurisdiction

33-1-1111. How to show jurisdiction.
A person or entity may show that it is subject to the jurisdiction of another agency of this or another state or any subdivision of this state or another state or the federal government by providing the commissioner with the appropriate certificate, license, or other document issued by the other governmental agency that permits or qualifies it to provide those services. If it is not the practice of the governmental agency to issue a certificate, license, or other document establishing that the agency permits the person or entity to provide those services, the person or entity may show that it is subject to the jurisdiction of the agency by other means appropriate under the circumstances.
History: En. Sec. 3, Ch. 497, L. 1983; amd. Sec. 16, Ch. 420, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 11. Jurisdiction of Providers of Health Care Benefits › 33-1-1112. Subject to state laws

33-1-1112. Subject to state laws.
A person or entity unable to show that it is subject to the jurisdiction of another agency of this or another state or any subdivision thereof or the federal government is subject to all appropriate provisions of this code regarding the conduct of its business.
History: En. Sec. 5, Ch. 497, L. 1983.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 11. Jurisdiction of Providers of Health Care Benefits › 33-1-1113. Examination

33-1-1113. Examination.
A person or entity which is unable to show under 33-1-1111 that it is subject to the jurisdiction of another agency of this or another state or a subdivision thereof or the federal government must submit to an examination by the commissioner to determine the organization and solvency of the person or entity and to determine whether or not such person or entity complies with the applicable provisions of this code.
History: En. Sec. 4, Ch. 497, L. 1983.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 11. Jurisdiction of Providers of Health Care Benefits › 33-1-1114. Disclosure

33-1-1114. Disclosure.
(1) A production agency or administrator that advertises, sells, transacts, or administers the coverage in this state described in 33-1-1102 and that is required to submit to an examination by the insurance commissioner under 33-1-1113 shall, if such coverage is not fully insured or otherwise fully covered by an admitted life or disability insurer or nonprofit health service corporation, advise every purchaser, prospective purchaser, and covered person of such lack of insurance or other coverage.
(2) An administrator that advertises or administers the coverage in this state described in 33-1-1102 and is required to submit to an examination by the commissioner under 33-1-1113 shall advise any production agency of the elements of the coverage, including the amount of "stop-loss" insurance in effect.
History: En. Sec. 6, Ch. 497, L. 1983.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 12. Insurance Fraud Protection › 33-1-1201. Short title -- purpose

33-1-1201. Short title -- purpose.
(1) This part may be cited as the "Insurance Fraud Protection Act".
(2) The purpose of this part is to facilitate the detection of insurance fraud and reduce the occurrence of insurance fraud through the development of fraud prevention programs, improved investigative and prosecutorial services, and increased consumer awareness.
History: En. Sec. 1, Ch. 237, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 12. Insurance Fraud Protection › 33-1-1202. Administrative or civil insurance fraud

33-1-1202. Administrative or civil insurance fraud.
A person commits the act of administrative or civil insurance fraud when the person:
(1) for the purpose of obtaining any money or benefit, presents or causes to be presented to any insurer, purported insurer, producer, or administrator, as defined in 33-17-102, any written or oral statement, including computer-generated documents, containing false, incomplete, or misleading information concerning any fact or thing material to, as part of, or in support of a claim for payment or other benefit pursuant to an insurance policy;
(2) assists, abets, solicits, or conspires with another to prepare or make any written or oral statement containing false, incomplete, or misleading information concerning any fact that is intended to be presented to any insurer or purported insurer or in connection with, material to, or in support of any claim for payment or other benefit pursuant to an insurance policy or contract;
(3) presents or causes to be presented to or by an insurer, purported insurer, producer, or administrator, as defined in 33-17-102, a materially false or altered application of insurance;
(4) accepts premium money knowing that coverage will not be provided;
(5) as a health care provider, submits a false or altered bill or report of physical condition to an insurer;
(6) offers or accepts a direct or indirect inducement to file a false statement of claim with the intent of deceiving an insurer; or
(7) presents or causes to be presented counterfeit insurance documents to any person.
History: En. Sec. 2, Ch. 237, L. 1995; amd. Sec. 8, Ch. 380, L. 2003; amd. Sec. 2, Ch. 169, L. 2013; amd. Sec. 14, Ch. 396, L. 2017.