reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-303. Contents of policies in general -- identification

33-15-303. Contents of policies in general -- identification.
(1) Each policy must specify:
(a) the names of the parties to the contract;
(b) the subject of the insurance;
(c) the risks insured against;
(d) the time when the insurance under the policy takes effect and the period during which the insurance is to continue;
(e) the premium;
(f) the conditions pertaining to the insurance.
(2) If under the policy the exact amount of premium is determinable only at stated intervals or termination of the contract, a statement of the basis and rates upon which the premium is to be determined and paid must be included.
(3) All policies and annuity contracts issued by insurers and the forms of policies and annuity contracts filed with the commissioner must have printed on the policy or annuity contract an appropriate designating letter or figure, combination of letters or figures, or terms identifying the respective forms of policies or contracts. Each form, including riders and endorsements, must be identified by a designating letter or figure placed in a lower, preferably left-hand, corner of the first page of the form. Whenever any change is made in any form, the designating letters, figures, or terms on the form must be correspondingly changed and the revision date must be noted next to the designating letters.
History: En. Sec. 275, Ch. 286, L. 1959; R.C.M. 1947, 40-3718; amd. Sec. 18, Ch. 303, L. 1981; amd. Sec. 18, Ch. 451, L. 1993; amd. Sec. 46, Ch. 379, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-304. Permissible content

33-15-304. Permissible content.
A policy may contain additional provisions not inconsistent with this code and which are:
(1) required to be inserted by the laws of the insurer's domicile;
(2) necessary, on account of the manner in which the insurer is constituted or operated, in order to state the rights and obligations of the parties to the contract; or
(3) desired by the insurer and neither prohibited by law nor in conflict with any provisions required to be included therein.
History: En. Sec. 276, Ch. 286, L. 1959; R.C.M. 1947, 40-3719.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-305. Prohibited content -- charter or bylaws

33-15-305. Prohibited content -- charter or bylaws.
No policy shall contain any provision purporting to make any portion of the charter, bylaws, or other constituent document of the insurer, other than the subscribers' agreement or power of attorney of a reciprocal insurer, a part of the contract unless such portion is set forth in full in the policy. Any policy provision in violation of this section shall be invalid.
History: En. Sec. 277, Ch. 286, L. 1959; R.C.M. 1947, 40-3720.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-306. Execution of policies -- facsimile signature

33-15-306. Execution of policies -- facsimile signature.
(1) Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney-in-fact, employee, or representative duly authorized by the insurer.
(2) A facsimile signature of any such executing individual may be used in lieu of an original signature.
(3) No insurance contract heretofore or hereafter issued and which is otherwise valid shall be rendered invalid by reason of the apparent execution thereof on behalf of the insurer by the imprinted facsimile signature of an individual not authorized so to execute as of the date of the policy.
History: En. Sec. 278, Ch. 286, L. 1959; R.C.M. 1947, 40-3721.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-307. Underwriters' and combination policies

33-15-307. Underwriters' and combination policies.
(1) Two or more authorized insurers may jointly issue and shall be jointly and severally liable on an underwriters' policy bearing their names. Any one insurer may issue policies in the name of an underwriter's department, and such policy shall plainly show the true name of the insurer.
(2) Two or more insurers may, with the approval of the commissioner, issue a combination policy which shall contain provisions substantially as follows:
(a) that the insurers executing the policy shall be severally liable for the full amount of any loss or damage, according to the terms of the policy, or for specified percentages or amounts thereof, aggregating the full amount of insurance under the policy; and
(b) that service of process or of any notice or proof of loss required by such policy, upon any of the insurers executing the policy, shall constitute service upon all such insurers.
(3) This section shall not apply to cosurety obligations.
History: En. Sec. 279, Ch. 286, Ch. 1959; R.C.M. 1947, 40-3722.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-308. Explanation of charges

33-15-308. Explanation of charges.
An insurer, health service corporation, or health maintenance organization that issues policies, certificates, membership contracts, or subscriber contracts for delivery in this state on or after January 1, 2000, and that limits payment of health care services based on standards described as usual and customary, reasonable and customary, prevailing fee, allowable charges, a relative value schedule, or other comparable terms shall include, displayed in the schedule page or elsewhere in the policy, certificate, membership contract, or subscriber contract:
(1) a definition of the term or terms and an explanation of how the limitation of payment based on the term or terms is derived;
(2) if the standard of the term or terms is derived by the use of a database, a description of the database reasonably calculated to inform the insured or certificate holder of the method used to define the geographic or demographic area from which the data used to determine the term or terms is derived; and
(3) a statement informing the insured that the insured's health care provider may charge more than the limits established by the defined terms and that the additional charges may not be covered by the policy, certificate, membership contract, or subscriber contract.
History: En. Sec. 1, Ch. 173, L. 1995; amd. Sec. 1, Ch. 134, L. 1999.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-315. Validity of noncomplying forms

33-15-315. Validity of noncomplying forms.
Any insurance policy, rider, or endorsement hereafter issued and otherwise valid which contains any condition or provision not in compliance with the requirements of this code shall not be thereby rendered invalid but shall be construed and applied in accordance with such conditions and provisions as would have applied had such policy, rider, or endorsement been in full compliance with this code.
History: En. Sec. 281, Ch. 286, L. 1959; R.C.M. 1947, 40-3724.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-316. Construction of policies

33-15-316. Construction of policies.
Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any rider, endorsement, or application which is a part of the policy.
History: En. Sec. 282, Ch. 286, L. 1959; R.C.M. 1947, 40-3725.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-317. Insurance coverage of punitive damages

33-15-317. Insurance coverage of punitive damages.
(1) Insurance coverage does not extend to punitive or exemplary damages unless expressly included by the contract of insurance.
(2) Prior to renewal of any policy in effect on October 1, 1987, the insurer shall provide the insured with notice of nonrenewal of coverage of punitive or exemplary damages in the same manner as required by the commissioner of insurance for the renewal of policies with altered terms.
History: En. Sec. 3, Ch. 627, L. 1987.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-318. Safety program requirement in workers' compensation policies

33-15-318. Safety program requirement in workers' compensation policies.
A policy, contract, or agreement to insure an employer against a workers' compensation or occupational disease risk must require each insured employer to implement a safety program, as provided in 39-71-1507, as part of the policy, contract, or agreement to provide workers' compensation or occupational disease insurance coverage.
History: En. Sec. 11, Ch. 295, L. 1993.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-321. Life and disability insurance policy language simplification

33-15-321. Life and disability insurance policy language simplification.
Sections 33-15-321 through 33-15-329 may be cited as the "Life and Disability Insurance Policy Language Simplification Act".
History: En. Sec. 1, Ch. 302, L. 1981.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-322. Purpose

33-15-322. Purpose.
(1) The purpose of 33-15-321 through 33-15-329 is to establish minimum standards for language used in policies, contracts, and certificates of life, disability, credit life, and credit disability insurance delivered or issued for delivery in this state to facilitate ease of reading by insureds.
(2) Sections 33-15-321 through 33-15-329 are not intended to increase the risk assumed by insurance companies or other entities subject to 33-15-321 through 33-15-329 or to supersede their obligation to comply with the substance of other insurance legislation applicable to life, disability, credit life, or credit disability insurance policies. Sections 33-15-321 through 33-15-329 are not intended to impede flexibility and innovation in the development of policy forms or content or to lead to the standardization of policy forms or content.
History: En. Sec. 2, Ch. 302, L. 1981.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-323. Definitions

33-15-323. Definitions.
As used in 33-15-321 through 33-15-329, the following definitions apply:
(1) "Company" or "insurer" means any life or disability insurance company, fraternal benefit society, nonprofit health service corporation, nonprofit hospital service corporation, nonprofit medical service corporation, prepaid health plan, dental care plan, vision care plan, pharmaceutical plan, health maintenance organization, and all similar types of organizations.
(2) "Policy" or "policy form" means any:
(a) policy, contract, plan, or agreement of life or disability insurance, including credit life and credit disability insurance, delivered or issued for delivery in this state by any company subject to 33-15-321 through 33-15-329;
(b) certificate, contract, or policy issued by a fraternal benefit society; and
(c) certificate issued pursuant to a group insurance policy delivered or issued for delivery in this state.
History: En. Sec. 3, Ch. 302, L. 1981.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-324. Application -- exceptions

33-15-324. Application -- exceptions.
(1) Sections 33-15-321 through 33-15-329 apply to all policies delivered or issued for delivery in this state by any company on or after the date such forms must be approved under 33-15-321 through 33-15-329, but nothing in 33-15-321 through 33-15-329 applies to:
(a) a policy which is a security subject to federal jurisdiction;
(b) a group policy covering a group of 1,000 or more lives at date of issue, other than a group credit life insurance policy or a group credit disability insurance policy, but a certificate issued pursuant to a group policy delivered or issued for delivery in this state is not exempt;
(c) a group annuity contract which serves as a funding vehicle for pension, profit-sharing, or deferred compensation plans;
(d) a form used in connection with, as a conversion from, as an addition to, or in exchange pursuant to a contractual provision for a policy delivered or issued for delivery on a form approved or permitted to be issued prior to the dates such forms must be approved under 33-15-321 through 33-15-329; or
(e) the renewal of a policy delivered or issued for delivery prior to the dates such forms must be approved under 33-15-321 through 33-15-329.
(2) Sections 33-15-321 through 33-15-329 provide the exclusive manner for determining language simplification standards for any policy forms.
(3) A non-English language policy delivered or issued for delivery in this state is in compliance with 33-15-325(1)(a) if the insurer certifies that the policy is translated from an English language policy which complies with 33-15-325(1)(a).
History: En. Sec. 4, Ch. 302, L. 1981.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-326. Construction -- time period

33-15-326. Construction -- time period.
Nothing in 33-15-321 through 33-15-329 may be construed to negate any law of this state permitting the issuance of any policy form after it has been on file for the time period specified.
History: En. Sec. 6, Ch. 302, L. 1981.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-327. Powers of the commissioner

33-15-327. Powers of the commissioner.
The commissioner may authorize a lower score than the Flesch reading ease score required in 33-15-325(1)(a) whenever, in in the commissioner's sole discretion, the commissioner finds that a lower score:
(1) will provide a more accurate reflection of the readability of a policy form;
(2) is warranted by the nature of a particular policy form or type or class of policy forms; or
(3) is caused by certain policy language that is drafted to conform to the requirements of any state law, regulation, or agency interpretation.
History: En. Sec. 7, Ch. 302, L. 1981; amd. Sec. 1187, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-328. Approval of forms

33-15-328. Approval of forms.
A policy form meeting the requirements of 33-15-325(1)(a) may be approved by the commissioner notwithstanding the provisions of other laws that specify content of policies if the approved policy form provides policyholders and claimants protection not less favorable than they would be entitled to under such laws.
History: En. Sec. 8, Ch. 302, L. 1981.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-329. Applicability schedule

33-15-329. Applicability schedule.
(1) Except as provided in 33-15-324, the provisions of 33-15-321 through 33-15-329 apply to all policy forms filed on or after July 1, 1983. A policy form may not be delivered or issued for delivery in this state on or after July 1, 1986, unless approved by the commissioner or permitted to be issued under 33-15-321 through 33-15-329. Any policy form that has been approved or permitted to be issued prior to July 1, 1986, and that meets the standards set by 33-15-321 through 33-15-329 is not required to be refiled for approval but may continue to be lawfully delivered or issued for delivery in this state upon the filing with the commissioner of a list of the forms identified by form number and accompanied by a certificate as to each form in the manner provided in 33-15-325(4).
(2) The commissioner may extend the dates in subsection (1).
History: En. Sec. 10, Ch. 302, L. 1981; amd. Sec. 1188, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-333. Short title

33-15-333. Short title.
Sections 33-15-333 through 33-15-340 may be cited as the "Property and Casualty Insurance Policy Language Simplification Act".
History: En. Sec. 1, Ch. 416, L. 1993.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-334. Purpose

33-15-334. Purpose.
(1) The purpose of 33-15-333 through 33-15-340 is to establish minimum language and format standards to make property and casualty policies easier to read.
(2) Sections 33-15-333 through 33-15-340 are not intended to increase the risk assumed under policies subject to 33-15-333 through 33-15-340. Sections 33-15-333 through 33-15-340 are not intended to impede flexibility and innovation in the development of policy forms or content. Sections 33-15-333 through 33-15-340 do not grant authority to the commissioner to mandate the standardization of policy forms or content.
History: En. Sec. 2, Ch. 416, L. 1993.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-335. Definitions

33-15-335. Definitions.
As used in 33-15-333 through 33-15-340, the following definitions apply:
(1) "Casualty insurance" does not include accident and health or disability insurance.
(2) "Policy" or "policy form" means any written contract of property or casualty insurance delivered or issued for delivery in this state by or on behalf of any insurer licensed in this state.
History: En. Sec. 3, Ch. 416, L. 1993.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-336. Applicability

33-15-336. Applicability.
(1) Other statutes of this state setting simplification standards for language or format do not apply to property and casualty policies.
(2) Sections 33-15-333 through 33-15-340 do not apply to policies in manuscript form or to the following kinds of insurance:
(a) ocean marine;
(b) surety and financial institution bonds;
(c) reinsurance; or
(d) commercial lines policies, including but not limited to commercial aviation.
(3) A non-English policy is considered in compliance with 33-15-337 if it was translated from an English policy that complies with 33-15-337.
History: En. Sec. 4, Ch. 416, L. 1993; amd. Sec. 25, Ch. 472, L. 1999; amd. Sec. 16, Ch. 157, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-338. Powers of commissioner

33-15-338. Powers of commissioner.
(1) At the commissioner's discretion, the commissioner may extend any dates under 33-15-333 through 33-15-340.
(2) The commissioner has sole authority to enforce the provisions of 33-15-333 through 33-15-340 or to seek remedies for its violation.
(3) The commissioner may authorize a lower score than the Flesch reading ease score required in 33-15-337 when, in the commissioner's discretion, a lower score:
(a) will provide a more accurate reflection of the readability of a policy;
(b) is warranted by the nature of a particular policy or type or class of policy; or
(c) is caused by certain policy language that is drafted to conform to the requirements of any state law, regulation, or agency interpretation.
History: En. Sec. 6, Ch. 416, L. 1993.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-339. Compliance with other statutorily required language

33-15-339. Compliance with other statutorily required language.
The requirements of any other laws that specify the language or content of a policy may be met by a policy complying with the provisions of 33-15-337. However, the policy must provide protection that, considered as a whole, is not less favorable to the insured than is required by the other laws.
History: En. Sec. 7, Ch. 416, L. 1993.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 3. Policy Provisions › 33-15-340. Liability and coverage not imputed

33-15-340. Liability and coverage not imputed.
The existence or nonexistence of coverage or liability under a policy may not be construed from policy approval by the commissioner.
History: En. Sec. 8, Ch. 416, L. 1993.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 4. Application, Issuance, Renewal, Assignment, and Return › 33-15-401. Application required -- life and disability insurance

33-15-401. Application required -- life and disability insurance.
No life or disability insurance contract upon an individual, except a contract of group life insurance or of group or blanket disability insurance, shall be made or effectuated unless at the time of the making of the contract the individual insured, being of competent legal capacity to contract, applies therefor or has consented thereto in writing, except in the following cases:
(1) A spouse may effectuate such insurance upon the other spouse.
(2) Any person having an insurable interest in the life of a minor or any person upon whom a minor is dependent for support and maintenance may effectuate insurance upon the life of or pertaining to such minor.
(3) Family policies insuring any two or more members of a family may be issued on an application signed by either parent, a stepparent, or by a husband or wife.
History: En. Sec. 268, Ch. 286, L. 1959; R.C.M. 1947, 40-3711.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 4. Application, Issuance, Renewal, Assignment, and Return › 33-15-402. Application as evidence -- copy to insured -- alteration

33-15-402. Application as evidence -- copy to insured -- alteration.
(1) An application for the issuance of any life or disability insurance policy or annuity contract may not be admissible in evidence in any action relative to the policy or contract unless a true copy of the application was attached to or otherwise made a part of the policy or contract when issued. This provision does not apply to industrial life insurance policies.
(2) If any policy of life or disability insurance delivered in this state is reinstated or renewed and the insured or the beneficiary or assignee of the policy makes written request to the insurer for a copy of the application, if any, for reinstatement or renewal, the insurer shall, within 30 days after receipt of the request at its home office or at any of its branch offices, deliver or mail to the person making the request a copy of the application. If the copy is not delivered or mailed after having been requested, the insurer is precluded from introducing the application in evidence in any action or proceeding based upon or involving the policy or its reinstatement or renewal. In the case of a request from a beneficiary, the time within which the insurer is required to furnish a copy of the application may not begin to run until after receipt of evidence satisfactory to the insurer of the beneficiary's vested interest in the policy or contract.
(3) As to kinds of insurance other than life or disability insurance, an application for insurance signed by or on behalf of the insured may not be admissible in evidence in any action between the insured and the insurer arising out of the policy applied for if the insurer has failed, at expiration of 30 days after receipt by the insurer of written demand by or on behalf of the insured, to furnish to the insured a copy of the application reproduced by any legible means.
(4) An alteration of any written application for any life or disability insurance policy may not be made by any person other than the applicant without the applicant's written consent, except that insertions may be made by the insurer, for administrative purposes only, in a manner that clearly indicates that the insertions are not to be ascribed to the applicant.
History: En. Sec. 269, Ch. 286, L. 1959; R.C.M. 1947, 40-3712; amd. Sec. 1189, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 4. Application, Issuance, Renewal, Assignment, and Return › 33-15-403. Representations in applications -- benefit precluded and rescission allowed if fraudulent or material

33-15-403. Representations in applications -- benefit precluded and rescission allowed if fraudulent or material.
(1) All statements and descriptions in any application for an insurance policy or annuity contract or in negotiations for an insurance policy or annuity contract by or on behalf of the insured or annuitant are considered representations and not warranties.
(2) Misrepresentations, omissions, concealment of facts, and incorrect statements preclude a benefit and allow rescission under the policy or contract if:
(a) the representations are fraudulent;
(b) the representations are material either to the acceptance of the risk or to the hazard assumed by the insurer; or
(c) the insurer in good faith would either not have issued the policy or contract or would not have issued a policy or contract in as large an amount or at the same premium or rate or would not have provided coverage with respect to the hazard resulting in the loss if the true facts had been made known to the insurer as required either by the application for the policy or contract or otherwise; and
(d) the questions in the application are sufficiently specific so that a reasonable person would understand the requirement to provide the particular facts and that the applicant's response was material to the insurer's decision to provide coverage or to determine the premium or rate to be charged for the coverage.
(3) Subsection (2)(c) does not apply to nonrenewal or discontinuation of group health insurance offered in connection with a group health plan in the small group market or large group market, as those terms are defined in 33-22-140.
(4) If the parties to an insurance policy disagree regarding the propriety of rescission of a policy or a contract under this section, the district courts of this state have jurisdiction to determine the relative rights of the parties under the Uniform Declaratory Judgments Act in Title 27, chapter 8.
(5) This section may not be construed to limit or impair the powers and authority of the commissioner under this title.
History: En. Sec. 270, Ch. 286, L. 1959; R.C.M. 1947, 40-3713; amd. Sec. 1, Ch. 416, L. 1997; amd. Sec. 1, Ch. 315, L. 2019.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 4. Application, Issuance, Renewal, Assignment, and Return › 33-15-411. Binders for temporary insurance

33-15-411. Binders for temporary insurance.
(1) Binders or other contracts for temporary insurance may be made orally or in writing and shall be deemed to include all the usual terms of the policy as to which the binder was given, together with such applicable endorsements as are designated in the binder, except as superseded by the clear and express terms of the binder.
(2) No binder shall be valid beyond the issuance of the policy with respect to which it was given or beyond 90 days from its effective date, whichever period is the shorter.
(3) If the policy has not been issued, a binder may be extended or renewed beyond such 90 days with the written approval of the insurer.
(4) This section shall not apply to life or disability insurance.
History: En. Sec. 283, Ch. 286, L. 1959; R.C.M. 1947, 40-3726.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 4. Application, Issuance, Renewal, Assignment, and Return › 33-15-412. Delivery of policy

33-15-412. Delivery of policy.
(1) Subject to the insurer's requirements as to payment of premium, every policy shall be mailed or delivered to the insured or to the person entitled thereto within a reasonable period of time after its issuance, except where a condition required by the insurer has not been met by the insured.
(2) In event the original policy is delivered or is so required to be delivered to or for deposit with any vendor, mortgagee, or pledgee of any motor vehicle or aircraft and in which policy any interest of the vendee, mortgagor, or pledgor in or with reference to such vehicle or aircraft is insured, a duplicate of such policy setting forth the name and address of the insurer, insurance classification of vehicle or aircraft, type of coverage, limits of liability, premiums for the respective coverages, and duration of the policy or memorandum thereof containing the same such information shall be delivered by the vendor, mortgagee, or pledgee to each such vendee, mortgagor, or pledgor named in the policy or coming within the group of persons designated in the policy to be so included. If the policy does not provide coverage of legal liability for injury to persons or damage to the property of third parties, a statement of such fact shall be printed, written, or stamped conspicuously on the face of such duplicate policy or memorandum.
History: En. Sec. 284, Ch. 286, L. 1959; R.C.M. 1947, 40-3727.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 4. Application, Issuance, Renewal, Assignment, and Return › 33-15-413. Renewal by certificate

33-15-413. Renewal by certificate.
Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable may be renewed or extended at the option of the insurer and upon a currently authorized policy form and at the premium rate then required therefor, for a specific additional period or periods by certificate or by endorsement of the policy, and without requiring the issuance of a new policy.
History: En. Sec. 285, Ch. 286, L. 1959; R.C.M. 1947, 40-3728.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 4. Application, Issuance, Renewal, Assignment, and Return › 33-15-414. Assignment

33-15-414. Assignment.
(1) A policy or group certificate issued under a policy may be assignable or not assignable, as provided by its terms.
(2) Subject to its terms relating to the assignability, any life or disability policy or group certificate under either, under the terms of which the beneficiary may be changed upon the sole request of the insured or owner, may be assigned either by pledge or by transfer of title, by an assignment executed by the insured or owner, alone and delivered to the insurer, whether or not the pledgee or assignee is the insurer.
(3) An assignment valid under this section may transfer to the assignee all the rights, privileges, and incidents of ownership of the assignor in the policy or group certificate, including but not limited to the rights to designate beneficiaries and of a group certificate holder to have an individual policy issued in accordance with 33-20-1209 and 33-20-1210. Any assignment entitles the insurer to deal with the assignee as the owner or pledgee of the policy in accordance with the terms of the assignment until the insurer has received at its home office written notice of termination of the assignment or pledge or written notice by or on behalf of some other person claiming some interest in the policy in conflict with the assignment. However, the insurer may not be prejudiced by any payment made or action taken inconsistent with the terms of any assignment before the insurer has received and had reasonable time to act on written notice of the assignment.
(4) This section acknowledges, declares, and codifies the existing right of assignment of interests under insurance policies. An assignment otherwise valid is not invalid because it was made prior to July 1, 1971.
(5) An insurance producer may not have an ownership interest in any policy, by assignment or otherwise, unless the insurance producer has an insurable interest, as defined in 33-15-201, in the life of the insured, except with permission of the commissioner.
History: En. Sec. 286, Ch. 286, L. 1959; amd. Sec. 1, Ch. 167, L. 1971; R.C.M. 1947, 40-3729; amd. Sec. 41, Ch. 227, L. 2001.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 4. Application, Issuance, Renewal, Assignment, and Return › 33-15-415. Notice of right to return policy

33-15-415. Notice of right to return policy.
Each individual life or disability insurance policy, except a single-premium nonrenewable disability policy, issued for delivery in this state or issued after January 1, 1996, must contain a notice stating in substance that if the person to whom the policy is issued is not satisfied for any reason, the person may return the policy within 10 days of its delivery or a longer period if provided by the policy and have refunded directly to the person the premium paid. A policy returned pursuant to this section is void from the beginning.
History: En. Sec. 75, Ch. 379, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 4. Application, Issuance, Renewal, Assignment, and Return › 33-15-416. Dating of insurance applications -- antedating prohibited

33-15-416. Dating of insurance applications -- antedating prohibited.
An application for issuance of an insurance policy may not be antedated by any person in order to obtain or provide coverage for losses or injuries incurred prior to the date of application.
History: En. Sec. 77, Ch. 379, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 5. Claims and Benefits › 33-15-501. Payment discharges insurer -- notice to contrary

33-15-501. Payment discharges insurer -- notice to contrary.
Whenever the proceeds of or payments under a life or disability insurance policy or annuity contract heretofore or hereafter issued become payable in accordance with the terms of such policy or contract or the exercise of any right or privilege thereunder and the insurer makes payment thereof in accordance with the terms of the policy or contract or in accordance with any written assignment thereof, the person then designated in the policy or contract or by such assignment as being entitled thereto shall be entitled to receive such proceeds or payments and to give full acquittance therefor, and such payments shall fully discharge the insurer from all claims under the policy or contract unless, before payment is made, the insurer has received at its home office written notice by or on behalf of some other person that such other person claims to be entitled to such payment or some interest in the policy or contract.
History: En. Sec. 287, Ch. 286, L. 1959; R.C.M. 1947, 40-3730.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 5. Claims and Benefits › 33-15-502. Minor may give acquittance

33-15-502. Minor may give acquittance.
(1) Any minor domiciled in this state who has attained the age of 16 years shall be deemed competent to receive and to give full acquittance and discharge for a payment or payments in aggregate amount not exceeding $3,000 in any one year made by a life insurer under the maturity, death, or settlement agreement provisions in effect or elected by such minor under a life insurance policy or annuity contract, provided such policy, contract, or agreement shall provide for the payment or payments to such minor and if prior to such payment the insurer has not received written notice of the appointment of a duly qualified guardian of the property of the minor. No such minor shall be deemed competent to alienate the right to or to anticipate such payments. This section shall not be deemed to restrict the rights of minors set forth in 33-15-103.
(2) This section shall not be deemed to require any insurer to determine whether any other insurer may be effecting a similar payment to the same minor.
History: En. Sec. 288, Ch. 286, L. 1959; R.C.M. 1947, 40-3731.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 5. Claims and Benefits › 33-15-503. Forms for proof of loss to be furnished

33-15-503. Forms for proof of loss to be furnished.
An insurer shall furnish, upon written request of any person claiming to have a loss under an insurance contract issued by such insurer, forms of proof of loss for completion by such person, but such insurer shall not, by reason of the requirement so to furnish forms, have any responsibility for or with reference to the completion of such proof or the manner of any such completion or attempted completion.
History: En. Sec. 289, Ch. 286, L. 1959; R.C.M. 1947, 40-3732.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 5. Claims and Benefits › 33-15-504. Claims administration not waiver

33-15-504. Claims administration not waiver.
Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer shall be deemed to constitute a waiver of any provision of a policy or of any defense of the insurer thereunder:
(1) acknowledgment of the receipt of notice of loss or claim under the policy;
(2) furnishing forms for reporting a loss or claim, for giving information relative thereto, or for making proof of loss or receiving or acknowledging receipt of any such forms or proofs completed or uncompleted;
(3) investigating any loss or claim under any policy or engaging in negotiations looking toward a possible settlement of any such loss or claim.
History: En. Sec. 290, Ch. 286, L. 1959; R.C.M. 1947, 40-3733.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 5. Claims and Benefits › 33-15-511. Exemption from execution of life insurance proceeds

33-15-511. Exemption from execution of life insurance proceeds.
(1) If a policy of insurance is effected by any person on the person's own life or on another life in favor of a person other than the applicant or, except in cases of transfer with intent to defraud creditors, if a policy of life insurance is assigned or in any way made payable to any person, the lawful beneficiary or assignee of the policy, other than the insured or the person effecting the insurance or executors or administrators of the insured or the person effecting the insurance, is entitled to its proceeds and avails against the creditors and representatives of the insured and of the person effecting the policy whether or not the right to change the beneficiary is reserved or permitted and whether or not the policy is made payable to the person whose life is insured if the beneficiary or assignee predecease that person. However, subject to the statute of limitations, the amount of any premiums for the insurance paid with intent to defraud creditors with interest on the premiums accrues to the creditor's benefit from the proceeds of the policy, but the insurer issuing the policy must be discharged of all liability by payment of its proceeds in accordance with its terms unless before the payment the insurer received written notice at its home office, by or in behalf of a creditor, of a claim to recover for transfer made or premiums paid with intent to defraud creditors, with specifications of the amount claimed.
(2) For the purposes of subsection (1), a policy must also be considered to be payable to a person other than the insured if and to the extent that a facility-of-payment clause or similar clause in the policy permits the insurer to discharge its obligation after the death of the individual insured by paying the death benefits to a person as permitted by the clause.
History: En. Sec. 291, Ch. 286, L. 1959; R.C.M. 1947, 40-3734; amd. Sec. 1190, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 5. Claims and Benefits › 33-15-512. Exemption from execution of proceeds of group life -- exception

33-15-512. Exemption from execution of proceeds of group life -- exception.
(1) A policy of group life insurance or the proceeds of the policy payable to the individual insured or to the beneficiary under the policy may not be liable, either before or after payment, to be applied by any legal or equitable process to pay any debt or liability of the insured individual, of the individual's beneficiary, or of any other person having a right under the policy. The proceeds of the policy, when not made payable to a named beneficiary or to a third person pursuant to a facility-of-payment clause, may not constitute a part of the estate of the individual insured for the payment of the individual's debts.
(2) This section does not apply to group life insurance issued pursuant to Title 33, chapter 20, parts 10, 11, and 12, to a creditor covering the creditor's debtors to the extent that the proceeds are applied to payment of the obligation for the purpose of which the insurance was issued.
History: En. Sec. 292, Ch. 286, L. 1959; R.C.M. 1947, 40-3735; amd. Sec. 1191, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 5. Claims and Benefits › 33-15-513. Exemption from execution of proceeds of disability insurance

33-15-513. Exemption from execution of proceeds of disability insurance.
The proceeds or other payments of all contracts of disability insurance and of provisions providing benefits on account of the insured's disability that are supplemental to life insurance or annuity contracts are exempt from all liability for any debt of the insured and from any debt of the beneficiary existing at the time the proceeds are made available for the insured's use.
History: En. Sec. 293, Ch. 286, L. 1959; R.C.M. 1947, 40-3736; amd. Sec. 1192, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 5. Claims and Benefits › 33-15-514. Exemption from execution of proceeds of annuity contracts -- assignability of rights

33-15-514. Exemption from execution of proceeds of annuity contracts -- assignability of rights.
(1) The benefits, rights, privileges, and options that under any annuity contract are due or prospectively due the annuitant may not be subject to execution, the annuitant may not be compelled to exercise any rights, powers, or options, and creditors may not be allowed to interfere with or terminate the contract, except:
(a) as to amounts paid for or as premium on any annuity with intent to defraud creditors, with interest, and of which the creditor has given the insurer written notice at its home office prior to the making of the payments to the annuitant out of which the creditor seeks to recover. The notice must specify the amount claimed or the facts that will enable the insurer to ascertain the amount and must set forth the facts that will enable the insurer to ascertain the annuity contract, the annuitant, and the payments sought to be avoided on the ground of fraud.
(b) the total exemption of benefits presently due and payable to any annuitant periodically or at stated times under all annuity contracts under which the person is an annuitant may not at any time exceed $250 a month for the length of time represented by the installments and the periodic payments in excess of $350 a month must be subject to garnishee execution;
(c) if the total benefits presently due and payable to any annuitant under all annuity contracts under which the person is an annuitant at any time exceed payment at the rate of $350 a month, then the court may order the annuitant to pay to a judgment creditor or apply on the judgment, in installments, the portion of the excess benefits that appear to the court to be just and proper, after due regard for the reasonable requirements of the judgment debtor and the debtor's family, if dependent upon the debtor, as well as any payments required to be made by the annuitant to other creditors under prior court orders.
(2) If the contract provides, the benefits, rights, privileges, or options accruing under the contract to a beneficiary or assignee may not be transferable or subject to commutation, and if the benefits are payable periodically or at stated times, the same exemptions contained in this section for the annuitant apply with respect to the beneficiary or assignee.
(3) An annuity contract within the meaning of this section is any obligation to pay certain sums at stated times during life or lives or for a specified term or terms, issued for a valuable consideration, regardless of whether or not the sums are payable to one or more persons, jointly or otherwise, but does not include payments under life insurance contracts at stated times during life or lives or for a specified term or terms.
History: En. Sec. 294, Ch. 286, L. 1959; R.C.M. 1947, 40-3737; amd. Sec. 1193, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 6. Electronic Delivery of Insurance Notices or Documents › 33-15-601. Definitions

33-15-601. Definitions.
As used in this part, the following definitions apply:
(1) "Delivered by electronic means", "delivery by electronic means", or "electronic delivery" means:
(a) delivery to an electronic mail address at which a party has consented to receive notices or documents; or
(b) (i) posting on an electronic network or site accessible by the internet through use of a mobile application, computer, mobile device, tablet, or any other electronic device; and
(ii) sending separate notice of the posting to the electronic mail address at which the party has consented to receive notice of the posting or using any other delivery method to which the party has consented.
(2) "Party" means a recipient of a notice or document required as part of an insurance transaction and includes an applicant, insured, policyholder, certificate holder, or annuity contract holder.
History: En. Sec. 1, Ch. 369, L. 2015.