reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 22. Disability Insurance › Part 20. Small Business Health Insurance Purchasing Pool (Repealed) › 33-22-2005. Repealed

33-22-2005. Repealed.
Sec. 54, Ch. 151, L. 2017.
History: En. Sec. 5, Ch. 595, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 22. Disability Insurance › Part 20. Small Business Health Insurance Purchasing Pool (Repealed) › 33-22-2006. Repealed

33-22-2006. Repealed.
Sec. 54, Ch. 151, L. 2017.
History: En. Sec. 6, Ch. 595, L. 2005; amd. Sec. 3, Ch. 87, L. 2009; amd. Sec. 18, Ch. 227, L. 2011; amd. Sec. 2, Ch. 331, L. 2013.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 22. Disability Insurance › Part 20. Small Business Health Insurance Purchasing Pool (Repealed) › 33-22-2007. Repealed

33-22-2007. Repealed.
Sec. 54, Ch. 151, L. 2017.
History: En. Sec. 7, Ch. 595, L. 2005; amd. Sec. 4, Ch. 87, L. 2009; amd. Sec. 3, Ch. 331, L. 2013.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 22. Disability Insurance › Part 20. Small Business Health Insurance Purchasing Pool (Repealed) › 33-22-2008. Repealed

33-22-2008. Repealed.
Sec. 54, Ch. 151, L. 2017.
History: En. Sec. 8, Ch. 595, L. 2005; amd. Sec. 5, Ch. 87, L. 2009; amd. Sec. 19, Ch. 227, L. 2011; amd. Sec. 4, Ch. 331, L. 2013.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 22. Disability Insurance › Part 20. Small Business Health Insurance Purchasing Pool (Repealed) › 33-22-2009. Repealed

33-22-2009. Repealed.
Sec. 54, Ch. 151, L. 2017.
History: En. Sec. 9, Ch. 595, L. 2005; amd. Sec. 29, Ch. 396, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 22. Disability Insurance › Part 21. Fertility Preservation Services › 33-22-2101. Legislative findings -- purpose

33-22-2101. (Effective January 1, 2024) Legislative findings -- purpose.
(1) The legislature finds that young Montanans who are diagnosed with cancer often learn, shortly before they are to begin the medical treatment needed to save their lives, that the treatment may result in infertility, leaving them only a small window of time in which to decide whether to undergo medically necessary efforts to preserve their ability to have biological families.
(2) The legislature further finds that future fertility is a top quality of life priority for many young cancer patients and that the possibility of infertility may cause significant distress and grief during a time when cancer patients are also facing not only their diagnoses but also the prospects of treatment that may include surgery, chemotherapy, radiation, or a combination of those approaches.
(3) The legislature further finds that fertility preservation is medically necessary and considered part of the standard of care for age-eligible oncology patients.
(4) It is the intent of this part to ensure that fertility preservation services for cancer patients are covered by insurance plans in the same manner as other medically necessary care and that cancer patients are made aware of the options for fertility preservation services.
History: En. Sec. 1, Ch. 782, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 22. Disability Insurance › Part 21. Fertility Preservation Services › 33-22-2102. Definitions

33-22-2102. (Effective January 1, 2024) Definitions.
As used in this part, the following definitions apply:
(1) "Iatrogenic infertility" means an impairment of fertility caused directly or indirectly by surgery, chemotherapy, radiation, or other medical treatment.
(2) "Medical treatment that may directly or indirectly cause iatrogenic infertility" means treatment with a potential side effect of impaired fertility, as established by a national association for practitioners of reproductive medicine or clinical oncology.
(3) "Standard fertility preservation services" means procedures consistent with established medical practices and professional guidelines published by a national association for practitioners of reproductive medicine or clinical oncology.
History: En. Sec. 2, Ch. 782, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 22. Disability Insurance › Part 21. Fertility Preservation Services › 33-22-2103. Coverage of fertility preservation services

33-22-2103. (Effective January 1, 2024) Coverage of fertility preservation services.
(1) Each individual and group disability policy, certificate of insurance, and membership contract that is delivered, issued for delivery, renewed, extended, or modified in this state that provides coverage for hospital, medical, or surgical services must cover medically necessary costs for standard fertility preservation services when an insured member is diagnosed with cancer and the standard of care involves medical treatment that may directly or indirectly cause iatrogenic infertility.
(2) Coverage under this section may be subject to deductibles, coinsurance, and copayment provisions. Special deductible, coinsurance, copayment, or other limitations that are not generally applicable to other hospital, medical, or surgical services covered under the plan may not be imposed on coverage for fertility preservation services.
(3) This section does not apply to disability income, hospital indemnity, accident-only, vision, dental, or long-term care policies.
History: En. Sec. 3, Ch. 782, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 22. Disability Insurance › Part 21. Fertility Preservation Services › 33-22-2104. Cancer screening account

33-22-2104. Cancer screening account.
(1) There is a cancer screening account in the state special revenue fund established in 17-2-102 to the credit of the department of public health and human services.
(2) The account consists of:
(a) money collected from the donation provided for in 61-3-303(6)(d);
(b) other gifts and donations to the department for cancer screening efforts; and
(c) interest and income earned on the account.
(3) Money in the account must be used by the department of public health and human services to support cancer screening efforts.
History: En. Sec. 4, Ch. 782, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 1. General Provisions › 33-23-101. Repealed

33-23-101. Repealed.
Sec. 4, Ch. 425, L. 1979.
History: En. Sec. 411, Ch. 286, L. 1959; amd. Sec. 5, Ch. 234, L. 1977; R.C.M. 1947, 40-4401.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 1. General Provisions › 33-23-102. Existence of insurance not to be made evident

33-23-102. Existence of insurance not to be made evident.
No attempt may be made in the trial of an action brought against a political subdivision of the state, municipality, or any public body, corporation, commission, board, agency, organization, or other public entity to suggest the existence of any insurance which covers in whole or in part any judgment or award which may be rendered in favor of plaintiff.
History: En. Sec. 1, Ch. 240, L. 1963; amd. Sec. 6, Ch. 234, L. 1977; R.C.M. 1947, 40-4402; amd. Sec. 1, Ch. 425, L. 1979.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 1. General Provisions › 33-23-103. Casualty insurance policy -- conformity with state statutes

33-23-103. Casualty insurance policy -- conformity with state statutes.
A casualty insurance policy relative to a risk resident, located, or to be performed in this state must contain a provision or the equivalent thereto as follows:
"Conformity with Montana statutes. The provisions of this policy conform to the minimum requirements of Montana law and control over any conflicting statutes of any state in which the insured resides on or after the effective date of this policy."
History: En. Sec. 23, Ch. 798, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 2. Motor Vehicle Liability › 33-23-201. Motor vehicle liability policies to include uninsured motorist coverage -- rejection by insured

33-23-201. Motor vehicle liability policies to include uninsured motorist coverage -- rejection by insured.
(1) A motor vehicle liability policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle may not be delivered or issued for delivery in this state, with respect to any motor vehicle registered and principally garaged in this state, unless coverage is provided in the policy or supplemental to the policy, in limits for bodily injury or death set forth in 61-6-103, under provisions filed with and approved by the commissioner, for the protection of persons insured under the policy who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness, or disease, including death, resulting from the injury, sickness, or disease, caused by an accident arising out of the operation or use of the motor vehicle. An uninsured motor vehicle is a land motor vehicle, the ownership, the maintenance, or the use of which is not insured or bonded for bodily injury liability at the time of the accident.
(2) The named insured has the right to reject the coverage. Unless the named insured requests the coverage in writing, the coverage need not be provided in or supplemental to a renewal policy when the named insured had rejected the coverage in connection with the policy previously issued to the named insured by the same insurer.
History: En. Sec. 1, Ch. 31, L. 1967; amd. Sec. 2, Ch. 526, L. 1975; R.C.M. 1947, 40-4403; amd. Sec. 7, Ch. 139, L. 1987; amd. Sec. 40, Ch. 83, L. 1989; amd. Sec. 1233, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 2. Motor Vehicle Liability › 33-23-202. Reimbursement for total loss of motor vehicle based on actual replacement value

33-23-202. Reimbursement for total loss of motor vehicle based on actual replacement value.
Each motor vehicle insurance policy issued to residents of this state that provides that reimbursement for total loss of a motor vehicle be based on a "book" value rather than on the actual replacement value is void as to that provision, and reimbursement must be made for actual replacement value except as provided in 27-1-306.
History: En. Sec. 1, Ch. 182, L. 1969; R.C.M. 1947, 40-4404; amd. Sec. 8, Ch. 139, L. 1987; amd. Sec. 2, Ch. 71, L. 1997.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 2. Motor Vehicle Liability › 33-23-203. Limitation of liability under motor vehicle liability policy

33-23-203. Limitation of liability under motor vehicle liability policy.
(1) Unless a motor vehicle liability policy specifically provides otherwise, the limits of insurance coverage available under each part of the policy must be determined as follows, regardless of the number of motor vehicles insured under the policy, the number of policies issued by the same company covering the insured, or the number of separate premiums paid:
(a) the limits of insurance coverages available for any one accident are the limits specified for each coverage available under the policy insuring the motor vehicle involved in the accident;
(b) if the motor vehicle involved in the accident is not insured under a policy, the limits of the insurance coverages available for any one accident are the highest limits of the coverages specified under one policy for one motor vehicle insured under that policy; and
(c) the limits of the coverages specified under one policy or under more than one policy issued by the same company may not be added together to determine the limits of insurance coverages available under the policy or policies for any one accident if the premiums charged for the coverage by the insurer actuarially reflect the limiting of coverage separately to the vehicles covered by the policy and the premium rates have been filed with the commissioner.
(2) A motor vehicle liability policy may also provide for other reasonable limitations, exclusions, reductions of coverage, or subrogation clauses that are designed to prevent duplicate payments for the same element of loss under the motor vehicle liability policy or under another casualty policy that provides coverage for an injury that necessitates damages or benefit payments or to prevent the adding together of insurance coverage limits in one policy or from more than one policy issued by the same company.
(3) An insurer that charges a premium for a specified coverage shall clearly inform or notify the insured in writing of the limits of the coverage with respect to the premium charged and whether the coverage from one policy or motor vehicle may be added to the coverage of another policy or motor vehicle.
(4) This section is not intended to create coverage for a motor vehicle that would otherwise be uninsured.
History: En. Sec. 1, Ch. 212, L. 1981; amd. Sec. 9, Ch. 139, L. 1987; amd. Sec. 1, Ch. 263, L. 1997; amd. Sec. 1, Ch. 495, L. 1997; amd. Sec. 1, Ch. 201, L. 2007.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 2. Motor Vehicle Liability › 33-23-204. Definitions

33-23-204. Definitions.
As used in this part, the following definitions apply:
(1) (a) "Motor vehicle" means a vehicle propelled by its own power and designed primarily to transport persons or property on the highways of the state.
(b) The term does not include a bicycle or a moped, as defined in 61-8-102, an electric personal assistive mobility device, as defined in 61-1-101, or a motorized nonstandard vehicle, as defined in 61-1-101.
(2) "Motor vehicle liability policy" means a policy of automobile or motor vehicle insurance against liability required under Title 61, chapter 6, parts 1 and 3, and all additional coverages included in or added to the policy by rider, endorsement, or otherwise, whether or not required under Title 61, including, without limitation, uninsured, underinsured, and medical payment coverages.
History: En. Sec. 6, Ch. 139, L. 1987; amd. Sec. 2, Ch. 495, L. 1997; amd. Secs. 5, 11, 12, Ch. 468, L. 2005; amd. Sec. 38, Ch. 542, L. 2005; amd. Sec. 2, Ch. 374, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 2. Motor Vehicle Liability › 33-23-211. Limitations on basis for cancellation

33-23-211. Limitations on basis for cancellation.
(1) A notice of cancellation of a motor vehicle liability policy is effective only if it is based on one or more of the following reasons:
(a) nonpayment of premium; or
(b) the driver's license or motor vehicle registration of the named insured or of any other operator who either resides in the same household or customarily operates a motor vehicle insured under the policy has been under suspension or revocation during the policy period or, if the policy is a renewal, during its policy period or the 180 days immediately preceding its effective date.
(2) This section does not apply to any policy or coverage which has been in effect less than 60 days at the time notice of cancellation is mailed or delivered by the insurer unless it is a renewal policy.
(3) Modification of motor vehicle physical damage coverage by the inclusion of a deductible not exceeding $100 may not be deemed a cancellation of the coverage or of the policy.
(4) This section does not apply to nonrenewal of a motor vehicle liability policy.
History: En. Sec. 3, Ch. 262, L. 1971; R.C.M. 1947, 40-4407; amd. Sec. 10, Ch. 139, L. 1987.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 2. Motor Vehicle Liability › 33-23-212. Notice required for cancellation -- statement that insurer will specify reason upon request -- exception

33-23-212. Notice required for cancellation -- statement that insurer will specify reason upon request -- exception.
(1) A cancellation by an insurer of a motor vehicle liability insurance policy is not effective prior to the mailing or delivery to the named insured, at the address shown in the policy, of a written notice of the cancellation stating the date on which, not less than 45 days after the date of the mailing or delivery, the cancellation becomes effective. Other provisions of this code may not be construed as affecting the requirements provided in this subsection (1).
(2) A notice of cancellation of a policy to which 33-23-211 applies is not effective unless mailed or delivered by the insurer to the named insured at least 45 days prior to the effective date of cancellation. However, if cancellation is for nonpayment of premium, at least 10 days' notice of cancellation accompanied by the reason must be given. Unless the reason accompanies or is included in the notice of cancellation, the notice of cancellation must state or be accompanied by a statement that upon written request of the named insured, mailed or delivered to the insurer not less than 21 days prior to the effective date of cancellation, the insurer shall specify the reason for the cancellation.
(3) Subsection (2) does not apply to nonrenewal.
History: En. Secs. 1, 4, 7, Ch. 262, L. 1971; R.C.M. 1947, 40-4405, 40-4408, 40-4411; amd. Sec. 11, Ch. 139, L. 1987; amd. Sec. 41, Ch. 83, L. 1989; amd. Sec. 53, Ch. 472, L. 1999; amd. Sec. 4, Ch. 339, L. 2003; amd. Sec. 43, Ch. 380, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 2. Motor Vehicle Liability › 33-23-213. Notice to insured of ground for cancellation -- commissioner to ensure compliance

33-23-213. Notice to insured of ground for cancellation -- commissioner to ensure compliance.
Whenever an insurer gives notice of cancellation of a motor vehicle liability policy, upon request of the insured, the insurer, within 15 days of receipt of the request, shall furnish to the insured a statement setting forth the ground or grounds upon which the notice of cancellation is based. If the insurer fails to comply with the provisions of this section, the insured may apply to the commissioner for a certificate of the facts or information desired. The commissioner shall exercise any power conferred upon the commissioner by law that may be necessary to ensure compliance with this section.
History: En. Sec. 2, Ch. 262, L. 1971; R.C.M. 1947, 40-4406; amd. Sec. 12, Ch. 139, L. 1987; amd. Sec. 1234, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 2. Motor Vehicle Liability › 33-23-214. Advance notice required for nonrenewal -- exceptions

33-23-214. Advance notice required for nonrenewal -- exceptions.
(1) An insurer shall renew a motor vehicle liability policy unless it mails or delivers to the named insured, at the address shown in the policy, at least 45 days' advance notice of its intention not to renew. The notice must contain or be accompanied by a statement that upon written request made not later than 1 month following the termination date of the policy of the named insured mailed or delivered to the insurer, the insurer will notify the insured in writing, within 15 days of the insured's request, of the reason or reasons for the nonrenewal.
(2) Notwithstanding the failure of an insurer to comply with this section, the motor vehicle liability policy must terminate on the effective date of any other replacement or succeeding motor vehicle liability policy procured by the insured with respect to any motor vehicle designated in both policies.
(3) This section does not apply where the named insured has failed to discharge when due any of the insured's obligations in connection with the payment of premiums for the policy or the renewal of the policy or any installment payments for the policy, whether payable directly to the insurer or its insurance producer or indirectly under any premium finance plan or extension of credit.
(4) This section does not apply in any of the following cases:
(a) if the insurer has manifested its willingness to renew;
(b) in case of nonpayment of premium. However, notwithstanding the failure of an insurer to comply with this section, the policy must terminate on the effective date of any other insurance policy with respect to any motor vehicle designated in both policies.
(c) if the insured's insurance producer or broker has secured other coverage acceptable to the insured at least 20 days prior to the anniversary date of the policy or termination of the policy period.
(5) Renewal of a motor vehicle liability policy does not constitute a waiver or estoppel with respect to grounds for cancellation which existed before the effective date of the renewal.
(6) A notice of nonrenewal of a motor vehicle liability policy under this section, for a policy that has a term of less than 6 months, is effective only when based on one or more of the reasons listed in 33-23-211.
History: En. Sec. 5, Ch. 262, L. 1971; amd. Sec. 1, Ch. 249, L. 1975; R.C.M. 1947, 40-4409; amd. Sec. 13, Ch. 139, L. 1987; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 5, Ch. 339, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 2. Motor Vehicle Liability › 33-23-215. No liability for statements in connection with cancellation or nonrenewal

33-23-215. No liability for statements in connection with cancellation or nonrenewal.
There may be no liability on the part of and no cause of action of any nature may arise against the commissioner or against any insurer, its authorized representative, its insurance producers, its employees, or any firm, person, or corporation furnishing to the insurer information as to reasons for cancellation or nonrenewal for any statement made by any of them in any written notice of cancellation or nonrenewal or for statements made or evidence submitted at any hearings conducted in connection therewith.
History: En. Sec. 8, Ch. 262, L. 1971; R.C.M. 1947, 40-4412; amd. Sec. 14, Ch. 139, L. 1987; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 2. Motor Vehicle Liability › 33-23-216. Retention and proof of notice

33-23-216. Retention and proof of notice.
(1) A notice of cancellation or of intention not to renew or of reasons for cancellation of insurance issued under terms of this chapter must be retained for a period of 3 years by the insurer or the insurer's insurance producer within this state and must be made available within this state for examination or inspection by the commissioner or the insurer's insurance producers at any time within the 3-year period upon reasonable notice.
(2) Proof of mailing of notice of cancellation or of intention not to renew or of reasons for cancellation to the named insured at the address shown in the policy or to the named insured's last-known address is sufficient proof of notice.
History: En. Sec. 6, Ch. 262, L. 1971; amd. Sec. 2, Ch. 469, L. 1977; R.C.M. 1947, 40-4410; amd. Sec. 15, Ch. 139, L. 1987; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 1235, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 2. Motor Vehicle Liability › 33-23-217. Return of unearned premiums

33-23-217. Return of unearned premiums.
If an insurer cancels a motor vehicle policy covering a commercial or private motor vehicle for nonpayment of a premium, the insurer shall process the cancellation on a pro rata basis. The insurer shall return whatever gross unearned premium is due under the motor vehicle policy to the insured. For purposes of this section, the term "unearned premium" means that part of the original premium, including deposits, not yet earned by the insurer and therefore due the insured if the policy is canceled.
History: En. Sec. 1, Ch. 121, L. 1987.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 2. Motor Vehicle Liability › 33-23-221. Definitions

33-23-221. Definitions.
As used in 33-23-221 through 33-23-226, the following definitions apply:
(1) "Benefit" means any rebate, discount, abatement, credit, reduction of premium, or other advantage to the policyholder provided under the terms of a telematics agreement.
(2) "Policyholder" means a person who is a present named insured in a motor vehicle liability policy as defined in 33-23-204.
(3) "Recorded data" means the data collected, stored, or transmitted by a recording device identifying performance or operation information about a motor vehicle including:
(a) speed;
(b) direction;
(c) location; and
(d) internal controls and diagnostics, such as steering performance, brake performance, or computer diagnostics.
(4) "Recording device" means a device, mechanism, or system installed in or used in conjunction with a motor vehicle that collects, stores, or transmits recorded data. The term includes the following to the extent that they involve recorded data:
(a) event data recorders;
(b) sensing and diagnostic modules;
(c) electronic control modules;
(d) automatic crash notification systems;
(e) geographic information systems;
(f) cellular phones;
(g) personal digital assistants; and
(h) any other device that collects, stores, or transmits recorded data.
(5) "Telematics agreement" means a written agreement between an insurer and a policyholder of the insurer regarding use of a recording device in a motor vehicle to collect or store recorded data or transmit recorded data to the insurer or to a third party designated by the insurer.
History: En. Sec. 1, Ch. 304, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 2. Motor Vehicle Liability › 33-23-222. Telematics agreement disclosures

33-23-222. Telematics agreement disclosures.
(1) A telematics agreement must be signed by the policyholder.
(2) A telematics agreement must disclose the following:
(a) if the insurer or a third party designated by the insurer provides the recording device, the categories of recorded data the recording device is capable of collecting, storing, or transmitting;
(b) the identification of any third party that may collect, store, transmit, or receive the recorded data in relation to the terms of the telematics agreement;
(c) the categories of recorded data that may be collected, stored, or transmitted;
(d) the purposes for which the insurer or a third party may use the recorded data;
(e) the length of time the insurer or third party may collect, store, transmit, or otherwise retain the data; and
(f) the terms of any benefit associated with the telematics agreement.
History: En. Sec. 2, Ch. 304, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 2. Motor Vehicle Liability › 33-23-223. Insurer obligations for telematics agreement -- termination

33-23-223. Insurer obligations for telematics agreement -- termination.
(1) An insurer may provide a benefit to a policyholder for participating in a telematics agreement.
(2) Except as provided in subsection (4), an insurer may not cancel, refuse to issue, or refuse to renew a motor vehicle insurance policy solely because a policyholder refuses to:
(a) enter into or consent to a telematics agreement; or
(b) provide access to recorded data from a recording device.
(3) An insurer:
(a) may not reduce coverage, increase a premium, place in a less favorable rate tier, or deny a claim to a policyholder if the policyholder refuses to enter into or consent to a telematics agreement, except as provided in subsection (4) or (7); and
(b) may not, based upon analysis of recorded data collected in connection with the telematics agreement, reduce coverage, increase a premium, place in a less favorable rate tier, deny a claim, or reduce or refuse to provide a benefit to a policyholder, except as provided in subsections (4), (5), and (7).
(4) Subsections (2) and (3) do not apply to a motor vehicle insurance policy:
(a) based upon the policyholder driving a minimum or maximum number of miles or driving within a certain range of miles; and
(b) that requires a policyholder to use a recording device for purposes of determining mileage.
(5) An insurer may adjust the benefit provided under subsection (1) to the extent that an analysis of the recorded data collected through the telematics agreement accurately represents the policyholder's driving habits.
(6) An insurer offering a telematics agreement shall offer all its policyholders under that policy type an equal opportunity to enter into a telematics agreement except to the extent the recording device used under the telematics agreement is not compatible with the motor vehicle of the policyholder.
(7) (a) An insurer may terminate a telematics agreement and any associated benefit if a policyholder materially fails to comply with a term of the telematics agreement.
(b) Termination of a telematics agreement and any associated benefit under this subsection (7) does not constitute a midterm premium increase as provided in 33-15-1108.
(8) An insurer shall terminate a telematics agreement and any associated benefit upon the request of the policyholder.
History: En. Sec. 3, Ch. 304, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 2. Motor Vehicle Liability › 33-23-224. Ownership of data

33-23-224. Ownership of data.
Recorded data collected, stored, or transmitted by a recording device under a telematics agreement:
(1) is personal information as defined in 33-19-104; and
(2) may not be used by an insurer or third party named in the telematics agreement for uses other than those disclosed in the telematics agreement.
History: En. Sec. 4, Ch. 304, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 2. Motor Vehicle Liability › 33-23-225. Application -- exclusion

33-23-225. Application -- exclusion.
(1) The provisions of 33-23-221 through 33-23-226 apply to a telematics agreement entered into between a policyholder and an insurer.
(2) The provisions of 33-23-221 through 33-23-226 do not apply to a manufacturer of a motor vehicle or supplier of an aftermarket device or services or to its respective subsidiaries or affiliates that embed in or provide a recording device for a motor vehicle as long as the manufacturer or supplier or the respective subsidiaries or affiliates is not acting as an insurer.
History: En. Sec. 5, Ch. 304, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 2. Motor Vehicle Liability › 33-23-226. Rulemaking

33-23-226. Rulemaking.
The commissioner may adopt rules necessary to implement the provisions of 33-23-221 through 33-23-226.
History: En. Sec. 6, Ch. 304, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 3. Professional Liability › 33-23-301. Cancellation or increase of premium rates by reason of unfounded claims prohibited

33-23-301. Cancellation or increase of premium rates by reason of unfounded claims prohibited.
Whenever an action for damages is filed against or a claim or demand for damages is made to an insurer of a physician and surgeon, dentist, registered nurse, nursing home administrator, licensed physical therapist, podiatrist, psychologist, osteopath, chiropractor, pharmacist, optometrist, or veterinarian, duly licensed as such under the laws of this state, or against a licensed hospital or long-term care facility as the employer of any such person, in an action, claim, or demand for error, omission, professional negligence, or performance of services without consent, and such action, claim, or demand is later determined to be unfounded and no payment is made by the insurer to the claimant on behalf of such licensee or licensed hospital or long-term care facility or is finally determined to establish nonliability to plaintiff by such licensee or licensed hospital or long-term care facility, the fact of such litigation, claim, or demand shall not be a ground for cancellation or for any increase in insurance premium rates of the professional liability insurance during the term of the policy.
History: En. Sec. 1, Ch. 210, L. 1971; amd. Sec. 1, Ch. 303, L. 1973; R.C.M. 1947, 40-4413.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 3. Professional Liability › 33-23-302. Cancellation or alteration of policy -- increase of premium rates -- written notice required

33-23-302. Cancellation or alteration of policy -- increase of premium rates -- written notice required.
Any insurer who insures a person licensed in the practice of medicine, as defined in 37-3-102, a dentist, registered nurse, nursing home administrator, registered physical therapist, podiatrist, licensed psychologist, osteopath, chiropractor, pharmacist, optometrist, or veterinarian, licensed under the laws of this state, or a licensed hospital or long-term care facility as the employer of any person identified in this section against liability for error, omission, professional negligence, or performance of services without consent may not cancel or alter the policy insuring the person or increase the premium rates on the policy without first providing the insured 60 days' written notice of the insurer's intention to cancel or alter the policy or increase the premium rates.
History: En. Sec. 1, Ch. 14, L. 1971; amd. Sec. 2, Ch. 303, L. 1973; R.C.M. 1947, 40-4414; amd. Sec. 18, Ch. 798, L. 1991; amd. Sec. 6, Ch. 339, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 3. Professional Liability › 33-23-310. Medical malpractice insurance report by insurer

33-23-310. Medical malpractice insurance report by insurer.
(1) If requested in writing by the commissioner, each insurer engaged in issuing medical malpractice professional liability insurance in this state shall, within 60 days, provide a report to the commissioner containing the following categories of information, as directed by the commissioner, for one or more professions provided in subsection (2)(b):
(a) the number of medical malpractice insureds as of December 31 of the preceding calendar year;
(b) the amount of direct premiums written and direct premiums paid for medical malpractice insurance during the preceding calendar year;
(c) the number of medical malpractice claims made against its insureds during the preceding calendar year;
(d) the number of medical malpractice claims that were closed and that had a direct loss paid during the preceding calendar year, together with the total amount of direct losses paid for all closed claims for that year;
(e) the number of medical malpractice claims that were still open and had no direct losses paid as of December 31 of the preceding calendar year;
(f) the number of claims filed against its insureds in state and federal courts during the preceding calendar year, including the number of claims that were closed:
(i) without settlement during the preceding calendar year;
(ii) with a settlement during the preceding calendar year and the total amount paid for those claims;
(iii) during the preceding calendar year and that went to trial and the number that resulted in a judgment or verdict for the plaintiff, the number that resulted in a judgment or verdict for the insured, and the number that resulted in some other judgment or verdict;
(g) the total direct losses paid for claims against its medical malpractice insureds that went to trial and were closed during the preceding year; and
(h) other information and statistics that the commissioner of insurance requires.
(2) For purposes of this section:
(a) "insurer" has the meaning provided in 33-1-201; and
(b) "profession" includes the categories of physician, osteopath, podiatrist, dentist, optometrist, registered nurse, licensed practical nurse, or health care facility as defined in 50-5-101.
History: En. Sec. 1, Ch. 213, L. 2005; amd. Sec. 29, Ch. 157, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 3. Professional Liability › 33-23-311. Repealed

33-23-311. Repealed.
Sec. 73, Ch. 227, L. 2001.
History: (1)En. 40-2827 by Sec. 1, Ch. 212, L. 1977; Sec. 40-2827, R.C.M. 1947; (2)En. 40-2828 by Sec 2, Ch. 212, L. 1977; Sec. 40-2828, R.C.M. 1947; (3)En. 40-2829 by Sec. 3, Ch. 212, L. 1977; Sec. 40-2829, R.C.M. 1947; R.C.M. 1947, 40-2827, 40-2828, 40-2829.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 3. Professional Liability › 33-23-312. Cancellation or nonrenewal of all policies

33-23-312. Cancellation or nonrenewal of all policies.
Any insurer insuring a person described in 33-23-302 who elects to cancel or not renew all policies for all persons identified in 33-23-302 shall provide notice of the decision to cancel or not renew coverage to all affected persons described in 33-23-302 at least 120 days prior to cancellation or nonrenewal.
History: En. Sec. 7, Ch. 339, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 4. Homes › 33-23-401. Written notice required for cancellation or nonrenewal of insurance policies on homes

33-23-401. Written notice required for cancellation or nonrenewal of insurance policies on homes.
An insurer may not cancel or refuse to renew any policy insuring private residences, including but not limited to fire, home owner, theft, or liability insurance on any home occupied by the insured as a domicile, without first giving to the insured 45 days' notice in writing, including in the notice a statement of the specific reason or reasons for canceling or not renewing the policy, except that a policy may be canceled for nonpayment of premiums, in which case, the notice to the insured may not be less than 20 days.
History: En. Secs. 1, 2, Ch. 374, L. 1971; amd. Secs. 1, 2, Ch. 82, L. 1975; R.C.M. 1947, 40-4415, 40-4416; amd. Sec. 8, Ch. 339, L. 2003; amd. Sec. 3, Ch. 263, L. 2005; amd. Sec. 30, Ch. 396, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 5. Medical Malpractice Insurance Joint Underwriting Association (Repealed) › 33-23-501. Repealed

33-23-501. Repealed.
Sec. 2, Ch. 21, L. 2021.
History: En. Sec. 1, Ch. 475, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 5. Medical Malpractice Insurance Joint Underwriting Association (Repealed) › 33-23-502. Repealed

33-23-502. Repealed.
Sec. 2, Ch. 21, L. 2021.
History: En. Sec. 2, Ch. 475, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 5. Medical Malpractice Insurance Joint Underwriting Association (Repealed) › 33-23-503. Repealed

33-23-503. Repealed.
Sec. 2, Ch. 21, L. 2021.
History: En. Sec. 3, Ch. 475, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 5. Medical Malpractice Insurance Joint Underwriting Association (Repealed) › 33-23-507. Repealed

33-23-507. Repealed.
Sec. 2, Ch. 21, L. 2021.
History: En. Sec. 4, Ch. 475, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 5. Medical Malpractice Insurance Joint Underwriting Association (Repealed) › 33-23-508. Repealed

33-23-508. Repealed.
Sec. 2, Ch. 21, L. 2021.
History: En. Sec. 5, Ch. 475, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 5. Medical Malpractice Insurance Joint Underwriting Association (Repealed) › 33-23-509. Repealed

33-23-509. Repealed.
Sec. 2, Ch. 21, L. 2021.
History: En. Sec. 6, Ch. 475, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 5. Medical Malpractice Insurance Joint Underwriting Association (Repealed) › 33-23-510. Repealed

33-23-510. Repealed.
Sec. 2, Ch. 21, L. 2021.
History: En. Sec. 7, Ch. 475, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 5. Medical Malpractice Insurance Joint Underwriting Association (Repealed) › 33-23-511. Repealed

33-23-511. Repealed.
Sec. 2, Ch. 21, L. 2021.
History: En. Sec. 8, Ch. 475, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 5. Medical Malpractice Insurance Joint Underwriting Association (Repealed) › 33-23-512. Repealed

33-23-512. Repealed.
Sec. 2, Ch. 21, L. 2021.
History: En. Sec. 9, Ch. 475, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 5. Medical Malpractice Insurance Joint Underwriting Association (Repealed) › 33-23-513. Repealed

33-23-513. Repealed.
Sec. 2, Ch. 21, L. 2021.
History: En. Sec. 10, Ch. 475, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 5. Medical Malpractice Insurance Joint Underwriting Association (Repealed) › 33-23-514. Repealed

33-23-514. Repealed.
Sec. 2, Ch. 21, L. 2021.
History: En. Sec. 11, Ch. 475, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 5. Medical Malpractice Insurance Joint Underwriting Association (Repealed) › 33-23-515. Repealed

33-23-515. Repealed.
Sec. 2, Ch. 21, L. 2021.
History: En. Sec. 12, Ch. 475, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 5. Medical Malpractice Insurance Joint Underwriting Association (Repealed) › 33-23-519. Repealed

33-23-519. Repealed.
Sec. 2, Ch. 21, L. 2021.
History: En. Sec. 13, Ch. 475, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 5. Medical Malpractice Insurance Joint Underwriting Association (Repealed) › 33-23-520. Repealed

33-23-520. Repealed.
Sec. 2, Ch. 21, L. 2021.
History: En. Sec. 14, Ch. 475, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 5. Medical Malpractice Insurance Joint Underwriting Association (Repealed) › 33-23-521. Repealed

33-23-521. Repealed.
Sec. 2, Ch. 21, L. 2021.
History: En. Sec. 15, Ch. 475, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 5. Medical Malpractice Insurance Joint Underwriting Association (Repealed) › 33-23-522. Repealed

33-23-522. Repealed.
Sec. 2, Ch. 21, L. 2021.
History: En. Sec. 16, Ch. 475, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 5. Medical Malpractice Insurance Joint Underwriting Association (Repealed) › 33-23-523. Repealed

33-23-523. Repealed.
Sec. 2, Ch. 21, L. 2021.
History: En. Sec. 17, Ch. 475, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 5. Medical Malpractice Insurance Joint Underwriting Association (Repealed) › 33-23-524. Repealed

33-23-524. Repealed.
Sec. 2, Ch. 21, L. 2021.
History: En. Sec. 18, Ch. 475, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 5. Medical Malpractice Insurance Joint Underwriting Association (Repealed) › 33-23-525. Repealed

33-23-525. Repealed.
Sec. 2, Ch. 21, L. 2021.
History: En. Sec. 19, Ch. 475, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 23. Casualty Insurance › Part 5. Medical Malpractice Insurance Joint Underwriting Association (Repealed) › 33-23-526. Repealed

33-23-526. Repealed.
Sec. 2, Ch. 21, L. 2021.
History: En. Sec. 20, Ch. 475, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 24. Property Insurance › Part 1. General Provisions › 33-24-101. Measure of the indemnity -- rescission for fraud

33-24-101. Measure of the indemnity -- rescission for fraud.
If there is no valuation in the policy and unless a basis more favorable to the insured is provided for in the policy, the measure of indemnity in an insurance against fire is the expense, at the time that the loss is payable, of replacing the thing lost or injured, in the condition in which it was at the time of the injury; but a valuation, fraudulent in fact, entitles the insurer to rescind the contract.
History: En. Sec. 409, Ch. 286, L. 1959; R.C.M. 1947, 40-4301.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 24. Property Insurance › Part 1. General Provisions › 33-24-102. Insuring improvements -- insurance equal to true value

33-24-102. Insuring improvements -- insurance equal to true value.
Whenever any policy of insurance is written to insure any improvements upon real property in this state against loss or damage and the property insured is considered to be a total loss, without criminal fault on the part of the insured or the insured's assigns, the amount of insurance written in the policy must be taken conclusively to be the true value of the property insured and the true amount of loss and measure of damages. The payment of money as a premium for insurance must be prima facie evidence that the party paying the insurance premium is the owner of the property insured. However, any insurance company may assert fraud in obtaining the policy as a defense to a suit on the policy.
History: En. Sec. 410, Ch. 286, L. 1959; R.C.M. 1947, 40-4302; amd. Sec. 25, Ch. 303, L. 1981; amd. Sec. 1236, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 24. Property Insurance › Part 1. General Provisions › 33-24-103. Specific valuation -- loss equal to insured value

33-24-103. Specific valuation -- loss equal to insured value.
(1) This section applies to policies, except motor vehicle insurance policies, that insure specific listed items of personal property against any loss or damage.
(2) If the insurer places specific valuations upon particular items of covered property and bases the premium charge on these valuations, then the insurer shall compute any total loss or total damage to the property, when covered, at the stated valuation with no deductions or offsets except for the selected deductible in the policy.
History: En. 40-4303 by Sec. 1, Ch. 96, L. 1974; R.C.M. 1947, 40-4303; amd. Sec. 26, Ch. 303, L. 1981; amd. Sec. 37, Ch. 469, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 24. Property Insurance › Part 1. General Provisions › 33-24-104. Tax lien on insured property destroyed by fire

33-24-104. Tax lien on insured property destroyed by fire.
If taxes are due and unpaid on property covered by fire insurance and damaged or destroyed by fire, the government entity owed the taxes has a lien on fire insurance proceeds paid in relation to that property in the amount of the unpaid taxes.
History: En. Sec. 2, Ch. 447, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 24. Property Insurance › Part 1. General Provisions › 33-24-105. Property insurance policy -- conformity with state statutes

33-24-105. Property insurance policy -- conformity with state statutes.
A property insurance policy relative to a risk resident, located, or to be performed in this state must contain a provision or the equivalent thereto as follows:
"Conformity with Montana statutes. The provisions of this policy conform to the minimum requirements of Montana law and control over any conflicting statutes of any state in which the insured resides on or after the effective date of this policy."
History: En. Sec. 24, Ch. 798, L. 1991.