reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-223. Prohibited activities -- glass broker defined

33-18-223. Prohibited activities -- glass broker defined.
(1) It is unlawful for an insurance company, individually or with others, to directly or indirectly:
(a) establish an agreement with any person to act as a glass broker for the insurance company under which the glass broker sets a price that must be met by a glass repair shop as a condition for doing glass replacement or glass repair work for the insurance company;
(b) establish an agreement with a glass broker that requires a glass repair shop to bill through that glass broker as a condition of doing glass replacement or glass repair work; or
(c) establish a price that must be met by a glass repair shop as a condition for doing glass replacement or glass repair work that is below the market price as provided in 33-18-222.
(2) As used in this section, "glass broker" means an automobile glass company that acts as a third-party agent for the insurer whenever the glass broker enters into agreements with other automobile glass dealers to perform glass replacement or glass repair work.
History: En. Sec. 3, Ch. 554, L. 1993; amd. Sec. 2, Ch. 207, L. 1997; amd. Sec. 4, Ch. 526, L. 1999; amd. Sec. 4, Ch. 345, L. 2001; amd. Sec. 3, Ch. 192, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-225. Designation of specific car rental business prohibited

33-18-225. Designation of specific car rental business prohibited.
(1) An insurance company, including its producers and adjusters, that issues or renews a policy of insurance in this state covering, in whole or in part, a motor vehicle may not:
(a) require that a person, whether or not insured by the insurance company, for whom the insurance company is obligated to provide a car rental while the person's own car is being repaired use a particular car rental business; or
(b) engage in any act or practice that intimidates, coerces, or threatens a person to use a particular car rental business.
(2) (a) An insurance company that is subject to the provisions of this section and that provides for direct payment to any one or more car rental businesses in this state must provide for direct payment to any car rental business selected by a person described in subsection (1)(a).
(b) For the purposes of this section, "direct payment" means a method by which an insurance company makes a direct payment on behalf of an insured or a third party either through electronic means or by check to a car rental business.
(c) The insurance company may approve the daily rate to be paid by the insurance company based on the car classification.
(d) The insurance company is not obligated to pay more to the car rental business than is provided in the insured's policy limits pursuant to 33-23-203.
(3) This section does not require an insurer to pay more for a comparable car rental than the lowest price negotiated between a car rental business and the insurer.
(4) This section does not prohibit an insurer, its producers, or its adjusters from providing to a customer the name of a car rental business with which arrangements may have been made to provide car rental services as long as the ultimate choice is left to the person described in subsection (1)(a).
History: En. Sec. 1, Ch. 251, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-231. State administrative process to provide timely payment of medical benefits -- definitions

33-18-231. State administrative process to provide timely payment of medical benefits -- definitions.
In 33-18-231 through 33-18-235 the following definitions apply:
(1) "Claim documentation" means standard claims forms or other documentation routinely accepted by insurers as proof of loss.
(2) "Insurer" means any insurer as that term is defined by this title, including any fraternal benefit society, hospital service nonprofit corporation, health service corporation, nonprofit medical service corporation, nonprofit health care corporation, health maintenance organization, self-insurer, or third-party administrator or any other public or private, profit or nonprofit, governmental or nongovernmental individual, group, or organization that sells or offers for sale insurance policies, subscriber contracts, certificates, or agreements by which the offerer promises to pay medical benefits in any form in this state.
(3) "Proof of loss" means any claim documentation received by an insurer upon which payment of claims is requested.
History: En. Sec. 1, Ch. 300, L. 1983; amd. Sec. 1, Ch. 378, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-232. Time for payment of claims

33-18-232. Time for payment of claims.
(1) An insurer shall pay or deny a claim within 30 days after receipt of a proof of loss unless the insurer makes a reasonable request for additional information or documents in order to evaluate the claim. If an insurer makes a reasonable request for additional information or documents, the insurer shall pay or deny the claim within 60 days of receiving the proof of loss unless the insurer has notified the insured, the insured's assignee, or the claimant of the reasons for failure to pay the claim in full or unless the insurer has a reasonable belief that insurance fraud has been committed and the insurer has reported the possible insurance fraud to the commissioner. This section does not eliminate an insurer's right to conduct a thorough investigation of all the facts necessary to determine payment of a claim.
(2) If an insurer fails to comply with this section and the insurer is liable for payment of the claim, the insurer shall pay an amount equal to the amount of the claim due plus 10% annual interest calculated from the date on which the claim was due. For purposes of calculating the amount of interest, a claim is considered due 30 days after the insurer's receipt of the proof of loss or 60 days after receipt of the proof of loss if the insurer made a reasonable request for information or documents. Interest payments must be made to the person who receives the claims payment. Interest is payable under this subsection only if the amount of interest due on a claim exceeds $5.
(3) A private cause of action under 33-18-201 or 33-18-242 may not be based on the compliance or noncompliance with the requirements of this section and evidence of compliance or noncompliance with this section is not admissible in any private action based on 33-18-201 or 33-18-242.
History: En. Sec. 2, Ch. 300, L. 1983; amd. Sec. 2, Ch. 378, L. 2003; amd. Sec. 21, Ch. 469, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-233. Administrative penalty for failure to pay promptly

33-18-233. Administrative penalty for failure to pay promptly.
(1) The commissioner may, after a hearing, impose an administrative fine as provided in 33-1-317 on an insurer if the commissioner finds that the insurer as a general course of business practice in this state fails to:
(a) use due diligence in processing all claims;
(b) pay claims in a timely manner;
(c) provide proper notice, when required, with respect to the reasons for the insurer's failure to make claim payments when due;
(d) pay, without just cause, proper claims arising under coverage provided by its policies, whether the claims are in favor of an insured, in favor of a third person with respect to the liability of an insured to the third person, or in favor of any other person entitled to the benefits of a policy; or
(e) pay interest pursuant to 33-18-232(2).
(2) If an insurer can demonstrate that it has consistently paid 90% of the total dollar amount outstanding in claims to each claimant within 20 working days and all of the amount within 30 working days of receipt of claims during the 6-month period immediately preceding the hearing date, the insurer is not subject to the fine described in subsection (1).
History: En. Sec. 3, Ch. 300, L. 1983; amd. Sec. 3, Ch. 378, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-234. Right of privacy guaranteed

33-18-234. Right of privacy guaranteed.
Nothing in 33-18-231 through 33-18-235 requires the commissioner to disclose information in violation of the Insurance Information and Privacy Protection Act.
History: En. Sec. 4, Ch. 300, L. 1983.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-235. Rulemaking authority

33-18-235. Rulemaking authority.
The commissioner may adopt rules, under the Montana Administrative Procedure Act, necessary to implement 33-18-231 through 33-18-234.
History: En. Sec. 5, Ch. 300, L. 1983; amd. Sec. 9, Ch. 399, L. 2007.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-241. Repealed

33-18-241. Repealed.
Sec. 2, Ch. 278, L. 1987.
History: En. Sec. 1, Ch. 504, L. 1985.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-242. Independent cause of action -- burden of proof

33-18-242. Independent cause of action -- burden of proof.
(1) An insured or a third-party claimant has an independent cause of action against an insurer for actual damages caused by the insurer's violation of 33-18-201(1), (4), (5), (6), (9), or (13).
(2) In an action under this section, a plaintiff is not required to prove that the violations were of such frequency as to indicate a general business practice.
(3) An insured who has suffered damages as a result of the handling of an insurance claim may bring an action against the insurer for breach of the insurance contract, for fraud, or pursuant to this section, but not under any other theory or cause of action. An insured may not bring an action for bad faith in connection with the handling of an insurance claim.
(4) A third-party claimant who has suffered damages as a result of the handling of an insurance claim may bring an action against the insurer for fraud or pursuant to this section, but not under any other theory or cause of action. A third-party claimant may not bring an action for bad faith in connection with the handling of an insurance claim.
(5) In an action under this section, the court or jury may award such damages as were proximately caused by the violation of 33-18-201(1), (4), (5), (6), (9), or (13). Exemplary damages may also be assessed in accordance with 27-1-221.
(6) An insurer may not be held liable under this section if the insurer had a reasonable basis in law or in fact for contesting the claim or the amount of the claim, whichever is in issue.
(7) (a) An insured may file an action under this section, together with any other cause of action the insured has against the insurer. Actions may be bifurcated for trial where justice so requires.
(b) A third-party claimant may not file an action under this section until after the underlying claim has been settled or a judgment entered in favor of the claimant on the underlying claim.
(8) The period prescribed for commencement of an action under this section is:
(a) for an insured, within 2 years from the date of the violation of 33-18-201; and
(b) for a third-party claimant, within 1 year from the date of the settlement of or the entry of judgment on the underlying claim.
(9) As used in this section, the term "insurer" does not include a person, firm, or corporation utilizing a captive insurance company to pay claims made against it, unless that captive insurance group is a captive risk retention group.
History: En. Sec. 3, Ch. 278, L. 1987; amd. Sec. 1, Ch. 356, L. 2023; amd. Sec. 2, Ch. 430, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-245. Prompt payment of motor vehicle damage claims

33-18-245. Prompt payment of motor vehicle damage claims.
(1) Except for providers who are prepaid or agree to a different payment schedule, an insurer shall make an offer to pay or shall pay all approved claims for covered services or damages that solely involve the recovery of property damages in an amount of $2,500 or less arising out of the ownership, maintenance, or use of a motor vehicle within 30 working days of receipt of a proof of loss that is correctly completed and submitted to the insurer.
(2) Subsection (1) does not apply to an insurer who has notified the insured or the insured's assignee of the reasons for the insurer's failure to pay the claim in full or to an insurer that has made a reasonable request for additional information or documents.
History: En. Sec. 4, Ch. 378, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-247. Unfair discrimination prohibited -- anatomical gifts, organ transplants, and related treatment

33-18-247. Unfair discrimination prohibited -- anatomical gifts, organ transplants, and related treatment.
(1) An insurer that provides coverage for anatomical gifts, organ transplants, or related treatment and services may not:
(a) deny coverage under an insurance policy to a covered person solely on the basis of the person's disability;
(b) deny to a patient eligibility, or continued eligibility, to enroll or to renew coverage under an insurance policy, solely for the purpose of avoiding the requirements of this section;
(c) penalize or otherwise reduce or limit the reimbursement of an attending provider or provide monetary or nonmonetary incentives to an attending provider to induce the provider to provide care to an insured or enrollee in a manner inconsistent with this section; or
(d) reduce or limit coverage benefits to a patient for the medical services or other services related to organ transplantation performed pursuant to this section as determined in consultation with the attending physician and patient.
(2) In the case of an insurance policy maintained pursuant to one or more collective bargaining agreements between employee representatives and one or more employers, any plan amendment made pursuant to a collective bargaining agreement that amends the plan solely to conform to a requirement imposed pursuant to this section may not be treated as a termination of the collective bargaining agreement.
(3) Nothing in this section may be construed to require a health insurance issuer to provide coverage for a medically inappropriate organ transplant.
History: En. Sec. 5, Ch. 487, L. 2021.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 3. Insurers -- Noninsurance-Related Prohibitions › 33-18-301. Prohibited relations with mortuaries

33-18-301. Prohibited relations with mortuaries.
(1) A life insurer and its board of directors, officers, employees, or representatives that sell any life insurance, other than funeral insurance as defined in 33-20-1501(1)(c)(ii), may not own, manage, supervise, operate, or maintain any mortuary, funeral, or undertaking establishment in Montana.
(2) (a) A life insurer may not contract or agree with any funeral director, mortician, or undertaker that the funeral director, mortician, or undertaker shall conduct the funeral or be named beneficiary of any person insured by the insurer.
(b) A life insurer may not sell, solicit, or negotiate life insurance, except stand-alone funeral insurance as provided in 33-20-1501, through a funeral director, mortician, undertaker, or any employee of a mortuary or undertaker.
(c) A life insurer that sells, solicits, or negotiates funeral insurance, as defined in 33-20-1501(1)(c)(ii), through a funeral director, mortician, undertaker, or any employee of a mortuary or undertaker shall comply with the provisions of 33-20-1501 and 33-20-1502.
(3) A funeral insurance policy or certificate and any solicitation material for the policy must comply with 33-20-1501.
(4) An attempt by the insurer or its representative to require the insured to designate a specific beneficiary, including but not limited to a funeral director, mortician, mortuary, or undertaker, constitutes a violation of this section punishable as a misdemeanor pursuant to subsection (5).
(5) A funeral director, mortician, or undertaker or any employee of a mortuary or undertaker who seeks to sell, solicit, or negotiate funeral insurance shall comply with this code, including the requirements of Title 33, chapter 17, and Title 33, chapter 20, part 15.
(6) Each violation of this section constitutes a misdemeanor punishable by a fine of not more than $1,000 or by imprisonment for not more than 6 months, or both.
History: En. Sec. 223, Ch. 286, L. 1959; R.C.M. 1947, 40-3521; amd. Sec. 23, Ch. 198, L. 1979; amd. Sec. 1, Ch. 229, L. 1981; amd. Sec. 55, Ch. 379, L. 1995; amd. Sec. 36, Ch. 472, L. 1999; amd. Sec. 6, Ch. 507, L. 2007; amd. Sec. 20, Ch. 151, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 3. Insurers -- Noninsurance-Related Prohibitions › 33-18-302. Defaming insurer prohibited

33-18-302. Defaming insurer prohibited.
No person shall make, publish, disseminate, or circulate, directly or indirectly, or aid, abet, or encourage the making, publishing, disseminating, or circulating of any oral or written statement or any pamphlet, circular, article, or literature which is false or maliciously critical of or derogatory to the financial condition of an insurer or of an organization proposing to become an insurer and which is calculated to injure any person engaged or proposing to engage in the business of insurance.
History: En. Sec. 209, Ch. 286, L. 1959; R.C.M. 1947, 40-3507.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 3. Insurers -- Noninsurance-Related Prohibitions › 33-18-303. Boycott, coercion, or intimidation prohibited

33-18-303. Boycott, coercion, or intimidation prohibited.
No person shall enter into any agreement to commit or by any concerted action commit any act of boycott, coercion, or intimidation resulting in or tending to result in unreasonable restraint of or monopoly in the business of insurance.
History: En. Sec. 210, Ch. 286, L. 1959; R.C.M. 1947, 40-3508.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 3. Insurers -- Noninsurance-Related Prohibitions › 33-18-304. Interlocking ownership and management -- restrictions

33-18-304. Interlocking ownership and management -- restrictions.
(1) Any insurer may retain, invest in, or acquire the whole or any part of the capital stock of any other insurer or insurers or have a common management with any other insurer or insurers unless such retention, investment, acquisition, or common management is inconsistent with any other provision of this code or unless by reason thereof the business of such insurers with the public is conducted in a manner which substantially lessens competition generally in the insurance business or tends to create a monopoly therein.
(2) Any person otherwise qualified may be director of two or more insurers which are competitors unless the effect thereof is to lessen substantially competition between insurers generally or tends materially to create a monopoly.
History: En. Sec. 219, Ch. 286, L. 1959; R.C.M. 1947, 40-3517.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 3. Insurers -- Noninsurance-Related Prohibitions › 33-18-305. Political contributions prohibited -- penalty

33-18-305. Political contributions prohibited -- penalty.
(1) No insurer shall directly or indirectly pay or use or offer, consent, or agree to pay or use any money or property for or in aid of any political party, committee, or organization or for or in aid of any corporation or other body organized or maintained for political purposes or for or in aid of any candidate for political office or for nomination for such office or for any political purpose whatsoever or for the reimbursement or indemnification of any person for money or property so used.
(2) Any officer, director, stockholder, attorney, or insurance producer of any insurer which violates any of the provisions of this section, who participates in, aids, abets, or advises or consents to any such violation and any person who solicits or knowingly receives any money or property in violation of this section shall be guilty of a misdemeanor and be punished by imprisonment for not more than 1 year and a fine of not more than $1,000; and any officer or director aiding or abetting in any contribution made in violation of this section shall be liable to the insurer for the amount so contributed.
History: En. Sec. 220, Ch. 286, L. 1959; R.C.M. 1947, 40-3518; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 4. Insured's Relations With Insurer › 33-18-401. Repealed

33-18-401. Repealed.
Sec. 32, Ch. 396, L. 2017.
History: En. Sec. 224, Ch. 286, L. 1959; R.C.M. 1947, 40-3522; amd. Sec. 60, Ch. 713, L. 1989; amd. Sec. 3, Ch. 562, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 5. Miscellaneous Prohibitions › 33-18-502. Prohibited relations with long-term care facility

33-18-502. Prohibited relations with long-term care facility.
An insurance producer that owns, manages, supervises, operates, maintains, or works in a long-term care facility, as defined in 37-9-101, may not solicit, negotiate with, or sell a life or disability policy or certificate of insurance to a resident of a long-term care facility.
History: En. Sec. 5, Ch. 227, L. 2001.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 6. Montana Use of Credit Information in Personal Insurance › 33-18-601. Short title

33-18-601. Short title.
This part may be cited as the "Montana Use of Credit Information in Personal Insurance Act".
History: En. Sec. 1, Ch. 363, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 6. Montana Use of Credit Information in Personal Insurance › 33-18-602. Purpose

33-18-602. Purpose.
The purpose of this part is to regulate the use of credit information for personal insurance so that consumers are afforded certain protections with respect to the use of credit information.
History: En. Sec. 2, Ch. 363, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 6. Montana Use of Credit Information in Personal Insurance › 33-18-603. Scope

33-18-603. Scope.
This part applies to personal insurance and not to commercial insurance. For purposes of this part, "personal insurance" means private passenger automobile, home owners, motorcycle, mobile home owners, and noncommercial dwelling fire insurance policies and boat, personal watercraft, snowmobile, and recreational vehicle policies. These policies must be individually underwritten for personal, family, or household use. Other types of insurance may not be included as personal insurance for the purpose of this part.
History: En. Sec. 3, Ch. 363, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 6. Montana Use of Credit Information in Personal Insurance › 33-18-604. Definitions

33-18-604. Definitions.
For the purposes of this part, the following definitions apply:
(1) "Adverse action" means, in regard to the terms of coverage or amount of coverage of any insurance, existing or applied for, in connection with the underwriting of personal insurance, any of the following:
(a) denial, nonrenewal, or cancellation of coverage;
(b) an increase in any charge for coverage;
(c) failure to give an otherwise available credit-related discount; or
(d) a reduction or any other adverse or unfavorable change in the terms of coverage or the amount of coverage.
(2) "Affiliate" means a company that controls, is controlled by, or is under common control with another company.
(3) "Applicant" means an individual who has applied to be covered by a personal insurance policy with an insurer.
(4) "Consumer" means an insured whose credit information is used or whose insurance score is calculated in the underwriting or rating of a personal insurance policy or of an applicant for a personal insurance policy.
(5) "Consumer reporting agency" means any entity that, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.
(6) "Credit information" means any credit-related information derived from a credit report, found on a credit report itself, or provided on an application for personal insurance. Information that is not credit-related may not be considered credit information regardless of whether it is contained in a credit report or in an application or is used to calculate an insurance score.
(7) "Credit report" means any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity that is used or expected to be used or collected in whole or in part for the purpose of serving as a factor to determine personal insurance premiums, eligibility for coverage, or tier placement.
(8) "Insurance score" means a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit information for the purposes of predicting the future insurance loss exposure of an individual applicant or insured.
History: En. Sec. 4, Ch. 363, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 6. Montana Use of Credit Information in Personal Insurance › 33-18-606. Dispute resolution and error correction

33-18-606. Dispute resolution and error correction.
If it is determined through the dispute resolution process set forth in the federal Fair Credit Reporting Act, 15 U.S.C. 1681i(a)(5), that the credit information of a current insured was incorrect or incomplete and if the insurer receives notice of that determination from either the consumer reporting agency or the insured, the insurer shall reunderwrite and rerate the consumer within 30 days of receiving the notice. After reunderwriting or rerating the insured, the insurer shall make any adjustments necessary consistent with its underwriting and rating guidelines. If an insurer determines that the insured has overpaid the premium, the insurer shall refund to the insured the amount of overpayment calculated back to the shorter of either the last 12 months of coverage or the actual policy period.
History: En. Sec. 6, Ch. 363, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 6. Montana Use of Credit Information in Personal Insurance › 33-18-607. Initial notification

33-18-607. Initial notification.
(1) If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or its agent shall disclose, either on the insurance application or at the time that the insurance application is taken, that it may obtain credit information in connection with the application. The disclosure must be either written or provided to an applicant in the same medium as the application for insurance. The insurer does not have to provide the disclosure statement required under this section to any insured on a renewal policy if the consumer has previously been provided a disclosure statement.
(2) Use of the following disclosure statement constitutes compliance with this section: "In connection with this application for insurance, we may review your credit report or obtain or use a credit-based insurance score based on the information contained in that credit report. We may use a third party in connection with the development of your insurance score."
History: En. Sec. 7, Ch. 363, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 6. Montana Use of Credit Information in Personal Insurance › 33-18-608. Adverse action notification

33-18-608. Adverse action notification.
If an insurer takes an adverse action based upon credit information, the insurer shall:
(1) provide notification to the consumer that an adverse action has been taken, in accordance with the requirements of the federal Fair Credit Reporting Act, 15 U.S.C. 1681m(a); and
(2) provide notification to the consumer explaining the reason for the adverse action. The reasons must be provided in sufficiently clear and specific language so that a person can identify the basis for the insurer's decision to take an adverse action. The notification must include a description of up to four factors that were the primary influences of the adverse action. The use of generalized terms, such as "poor credit history", "poor credit rating", or "poor insurance score", does not meet the explanation requirements of this subsection. Standardized credit explanations provided by consumer reporting agencies or other third-party vendors are considered to comply with this section.
History: En. Sec. 8, Ch. 363, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 6. Montana Use of Credit Information in Personal Insurance › 33-18-609. Filing

33-18-609. Filing.
(1) Insurers that use insurance scores to underwrite or rate risks shall file their scoring models or other scoring processes with the commissioner. A third party may file scoring models on behalf of insurers.
(2) A filing relating to credit information is considered a trade secret under the laws of this state.
History: En. Sec. 9, Ch. 363, L. 2005; amd. Sec. 21, Ch. 151, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 6. Montana Use of Credit Information in Personal Insurance › 33-18-610. Indemnification

33-18-610. Indemnification.
An insurer shall indemnify, defend, and hold insurance producers harmless from and against all liability, fees, and costs arising out of or relating to the actions, errors, or omissions of an insurance producer that obtains or uses credit information or insurance scores for an insurer if the insurance producer follows the instructions of or procedures established by the insurer and complies with any applicable law or regulation. This section may not be construed to provide a consumer or other insured with a cause of action that does not exist in the absence of this section.
History: En. Sec. 10, Ch. 363, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 6. Montana Use of Credit Information in Personal Insurance › 33-18-611. Sale of policy term information by consumer reporting agency

33-18-611. Sale of policy term information by consumer reporting agency.
(1) A consumer reporting agency may not provide or sell data or lists that include any information that in whole or in part was submitted in conjunction with an insurance inquiry about a consumer's credit information or a request for a credit report or insurance score. This information includes but is not limited to the expiration dates of an insurance policy or any other information that may identify time periods during which a consumer's insurance may expire and the terms and conditions of the consumer's insurance coverage.
(2) The restrictions provided in subsection (1) do not apply to data or lists that the consumer reporting agency supplies to the insurance producer from whom information was received, the insurer on whose behalf the insurance producer acted, or the insurer's affiliates or holding companies.
(3) This section may not be construed to restrict any insurer from being able to obtain a claims history report or a motor vehicle report.
History: En. Sec. 11, Ch. 363, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 6. Montana Use of Credit Information in Personal Insurance › 33-18-612. Refund for expunged record

33-18-612. Refund for expunged record.
An insurance company that charges an additional premium based on insurance points assessed against a policyholder as a result of a charge or conviction that was expunged because of identity theft pursuant to 46-24-219 shall refund the additional premiums to the policyholder upon notification and verification of the expungement.
History: En. Sec. 5, Ch. 195, L. 2007.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 9. Restrictions on Use of Genetic Information › 33-18-901. Definitions

33-18-901. Definitions.
Unless the context indicates otherwise, the following definitions apply to this part:
(1) "Genetic information" means, unless otherwise provided by Public Law 104-191, information derived from genetic testing or medical evaluation to determine the presence or absence of variations or mutations, including carrier status, in an individual's genetic material or genes that are scientifically or medically believed to cause a disease, disorder, or syndrome or are associated with a statistically increased risk of developing a disease, disorder, or syndrome that is asymptomatic at the time of testing.
(2) "Genetic testing" or "genetic test" means a test used to diagnose a presymptomatic genetic factor, including analysis of human deoxyribonucleic acid or ribonucleic acid, chromosomes, proteins, or metabolites. The term does not include a routine physical examination or a chemical, blood, or urine analysis, unless conducted or analyzed purposefully or knowingly to obtain genetic information, or a family history.
(3) "Genetic trait" means any medically or scientifically identified genetic factor, known or presumed to be present in the individual or a biological relative but not presently associated with any manifestations of the disorder in the individual, that could cause a disorder or be statistically associated with an increased risk of development of a disorder.
(4) "Group policy" includes:
(a) the group insurance program authorized by Title 2, chapter 18, part 7;
(b) the state employee group insurance program required by Title 2, chapter 18, part 8; and
(c) a self-funded multiple employer welfare arrangement that is not regulated pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001, et seq.
History: En. Sec. 3, Ch. 334, L. 1999.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 9. Restrictions on Use of Genetic Information › 33-18-902. Requirement for genetic testing -- limitations

33-18-902. Requirement for genetic testing -- limitations.
(1) An insurer, health service corporation, health maintenance organization, fraternal benefit society, or other issuer of an individual or group policy or certificate of insurance may not require an individual to obtain a genetic test unless the test is otherwise required by law for reasons including but not limited to the following:
(a) to establish parentage;
(b) to determine the presence of metabolic disorders in a newborn by testing conducted pursuant to newborn screening and protocols;
(c) in connection with a criminal investigation or prosecution; or
(d) for remains identification.
(2) This section does not apply to transactions of life, disability income, or long-term care insurance.
History: En. Sec. 4, Ch. 334, L. 1999.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 9. Restrictions on Use of Genetic Information › 33-18-903. Discrimination on basis of genetic traits prohibited

33-18-903. Discrimination on basis of genetic traits prohibited.
(1) Unless otherwise required by law, an insurer, health service corporation, health maintenance organization, fraternal benefit society, or other issuer of an individual or group policy or certificate of insurance may not, on the basis of a person's genetic traits:
(a) fail or refuse to accept an application for a policy or certificate of insurance;
(b) fail or refuse to issue a policy or certificate of insurance to an applicant;
(c) cancel a policy or certificate of insurance;
(d) refuse to renew a policy or certificate of insurance;
(e) charge a higher rate or premium for a policy or certificate of insurance; or
(f) offer or provide different terms, conditions, or benefits or place a limitation on coverage under a policy or certificate of insurance.
(2) An insurer, health service corporation, health maintenance organization, fraternal benefit society, or other issuer of an individual or group policy or certificate of insurance may not underwrite or condition coverage on the basis of:
(a) a requirement or agreement that the individual undergo genetic testing; or
(b) genetic information about a member of the individual's family.
(3) Discrimination may not be made in the fees or commissions of agents or brokers for writing or renewing an individual or group policy of insurance on the basis of an individual's genetic traits.
(4) This section does not apply to transactions of life, disability income, or long-term care insurance.
(5) This section does not prohibit an insurer, health service corporation, health maintenance organization, fraternal benefit society, or other issuer of an individual or group policy or certificate of insurance from discriminating as otherwise allowed by law on the basis of other factors unrelated to genetic traits.
History: En. Sec. 5, Ch. 334, L. 1999.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 9. Restrictions on Use of Genetic Information › 33-18-904. Seeking genetic information for nontherapeutic purposes prohibited

33-18-904. Seeking genetic information for nontherapeutic purposes prohibited.
(1) An insurer, health service corporation, health maintenance organization, fraternal benefit society, or other issuer of an individual or group policy or certificate of insurance may not seek genetic information about an individual for a purpose that is:
(a) unrelated to assessing or managing the individual's current health;
(b) inappropriate in an asymptomatic individual; or
(c) unrelated to research in which a subject is not personally identifiable.
(2) This section does not apply to transactions of life, disability income, or long-term care insurance.
History: En. Sec. 6, Ch. 334, L. 1999.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 10. Enforcement › 33-18-1001. Complaint handling -- record

33-18-1001. Complaint handling -- record.
(1) An insurer shall maintain a complete record of all the complaints which it has received since the date of its last examination under 33-1-401. This record shall indicate the total number of complaints, their classification by line of insurance, the nature of each complaint, the disposition of the complaints, and the time it took to process each complaint.
(2) For purposes of this section, "complaint" means any written communication primarily expressing a grievance.
History: En. 40-3502.2 by Sec. 2, Ch. 320, L. 1977; R.C.M. 1947, 40-3502.2.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 10. Enforcement › 33-18-1002. Power of commissioner to examine insurers

33-18-1002. Power of commissioner to examine insurers.
The commissioner may examine and investigate the affairs of every person engaged in the business of insurance in this state in order to determine whether such person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by this chapter.
History: En. 40-3502.3 by Sec. 3, Ch. 320, L. 1977; R.C.M. 1947, 40-3502.3.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 10. Enforcement › 33-18-1003. Undefined unfair practices -- procedures for determining and restraining

33-18-1003. Undefined unfair practices -- procedures for determining and restraining.
(1) If the commissioner believes that any person engaged in the insurance business is engaging in this state in any method of competition or in any act or practice in the conduct of the business that is not defined in this chapter but that the method of competition is unfair or that the act or practice is unfair or deceptive and that a proceeding by the commissioner in respect to the act or practice would be in the public interest, the commissioner shall, after a hearing of which notice of the hearing and of the charges against the person are given to the person, make a written report of the findings of fact relative to the charges and serve a copy of the report upon the person and any intervenor at the hearing.
(2) If the report charges a violation of this chapter and if the method of competition, act, or practice has not been discontinued, the commissioner may, through the attorney general of this state, at any time after the service of the report cause an action to be instituted to enjoin and restrain the person from engaging in the method, act, or practice. In the action, the court may grant a restraining order or injunction upon terms that may be just, but the people of this state may not be required to give security before the issuance of any order or injunction. If a stenographic record of the proceedings in the hearing before the commissioner was made, a certified transcript, including all evidence taken and the report and findings, must be received in evidence in the action.
(3) If the commissioner's report made under subsection (1) or order on hearing made under 33-18-1004 does not charge a violation of this chapter, then any intervenor in the proceedings may appeal from the report or order on hearing within the time and in the manner provided in this code for appeals from the commissioner generally.
History: En. Sec. 217, Ch. 286, L. 1959; R.C.M. 1947, 40-3515; amd. Sec. 1208, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 10. Enforcement › 33-18-1004. Desist orders for prohibited practices

33-18-1004. Desist orders for prohibited practices.
(1) If, after a hearing of the charges of which notice of the hearing and of the charges against the person was given to the person, the commissioner finds that a person in this state has engaged or is engaging in any act or practice defined in or prohibited under this chapter, the commissioner shall order the person to desist from the acts or practices.
(2) The desist order becomes final upon expiration of the time allowed for appeals from the commissioner's orders if an appeal is not taken or, in event of an appeal, upon final decision of the court if the court affirms the commissioner's order or dismisses the appeal. An intervenor in the hearing has the right to appeal as provided in 33-18-1003(3).
(3) In event of an appeal, to the extent that the commissioner's order is affirmed, the court shall issue its own order commanding obedience to the terms of the commissioner's order.
(4) An order of the commissioner pursuant to this section or order of court to enforce it does not in any way relieve or absolve a person affected by the order from any other liability, penalty, or forfeiture under law.
(5) This section may not be considered to affect or prevent the imposition of any penalty provided by this code or by other law for violation of any other provision of this chapter, whether or not the hearing is called or held or the desist order is issued.
History: En. Sec. 216, Ch. 286, L. 1959; amd. Sec. 7, Ch. 320, L. 1977; R.C.M. 1947, 40-3514; amd. Sec. 1209, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 10. Enforcement › 33-18-1005. Penalty for violation of cease and desist orders

33-18-1005. Penalty for violation of cease and desist orders.
(1) Any person who violates a cease and desist order issued pursuant to 33-18-1004 is subject to a civil penalty not to exceed $1,000. Each day of violation constitutes a separate violation. The total penalty may not exceed a $10,000 aggregate. The department may institute and maintain in the name of the state any enforcement proceedings hereunder. Upon request of the department, the attorney general or the county attorney of the county in which the violation occurred shall petition the district court to impose, assess, and recover the civil penalty.
(2) An action under subsection (1) of this section is not a bar to enforcement of this chapter or rules or orders made under it by injunction or other appropriate remedies.
(3) Moneys collected hereunder shall be deposited in the state general fund.
History: En. 40-3514.1 by Sec. 4, Ch. 320, L. 1977; R.C.M. 1947, 40-3514.1.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 10. Enforcement › 33-18-1006. Desist orders for prohibited practices

33-18-1006. Desist orders for prohibited practices.
Violations of 33-18-221 through 33-18-224 are subject to cease and desist orders of the commissioner issued under 33-18-1004.
History: En. Sec. 5, Ch. 554, L. 1993; amd. Sec. 37, Ch. 472, L. 1999; amd. Sec. 6, Ch. 526, L. 1999; amd. Sec. 6, Ch. 345, L. 2001; amd. Sec. 2, Ch. 407, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 19. Insurance Information and Privacy Protection › Part 1. General Provisions › 33-19-102. Purpose

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