reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 12. Insurance Producer and Consultant Continuing Education Act › 33-17-1205. Compliance -- failure to comply -- rulemaking authority

33-17-1205. Compliance -- failure to comply -- rulemaking authority.
(1) Each individual subject to the requirements of 33-17-1203 shall file biennially in a format supplied by the commissioner certification as to the approved courses, lectures, seminars, and instructional programs successfully completed by that individual during the preceding biennium.
(2) If an individual fails to comply with this section, the individual's license lapses. An individual with a lapsed license may not conduct insurance business under another person's license, including a business entity license affiliation.
(3) In the continuing education affidavit, an insurance producer, adjuster, or public adjuster shall report to the commissioner the final disposition of any administrative action or the final disposition of any criminal action taken against the insurance producer, adjuster, or public adjuster in another jurisdiction or by another governmental agency in this state. As used in this subsection, "final disposition of any criminal action" means a plea agreement or sentence and judgment.
(4) Each person providing approved courses, lectures, seminars, and instructional programs, including insurance company education programs, shall file annually with the commissioner an alphabetical list of the names and addresses of all individuals who have successfully completed an approved continuing education activity during the preceding calendar year.
(5) The commissioner may, following the process provided for in 33-1-314, withdraw approval of all courses, lectures, seminars, and instructional programs of any person that fails to comply with subsection (4). The commissioner may, after having conducted a hearing pursuant to 33-1-701, impose a fine upon a person that has failed to comply with subsection (4). The fine may not exceed the penalty permitted by 33-1-317.
(6) The commissioner may adopt rules establishing the requirements for biennial filing and reporting of continuing education credits.
History: En. Sec. 5, Ch. 622, L. 1993; amd. Sec. 17, Ch. 316, L. 1999; amd. Sec. 23, Ch. 427, L. 2003; amd. Sec. 5, Ch. 38, L. 2005; amd. Sec. 19, Ch. 469, L. 2005; amd. Sec. 12, Ch. 139, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 12. Insurance Producer and Consultant Continuing Education Act › 33-17-1206. Rulemaking authority

33-17-1206. Rulemaking authority.
The commissioner may adopt rules to implement this part.
History: En. Sec. 6, Ch. 622, L. 1993.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 12. Insurance Producer and Consultant Continuing Education Act › 33-17-1207. Funding for continuing education program

33-17-1207. Funding for continuing education program.
All continuing education filing fees collected by the commissioner and fees paid to the commissioner for the review of initial applications for approval of continuing education courses or the periodic review of these courses must be turned over promptly to the state treasurer who shall place the money in the state special revenue fund to the credit of the state auditor's office to be used for the continuing education program. The funds allocated by this section to the state special revenue fund may be used only to defray the expenses of the state auditor's office in discharging its duties as prescribed by this part, subject to the applicable laws relating to the appropriation of state funds and to the deposit and expenditure of state money. The state auditor is responsible for the proper expenditure of this money as provided by law.
History: En. Sec. 9, Ch. 622, L. 1993; amd. Sec. 24, Ch. 427, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 14. Travel Insurance › 33-17-1403. Authorization

33-17-1403. Authorization.
Upon a limited lines travel insurance producer meeting the requirements provided for in 33-17-1402, a travel retailer is authorized to offer and disseminate travel insurance and receive related compensation when the travel retailer's insurance-related activities and those of its employees and authorized representatives are limited to offering and disseminating travel insurance on behalf of and under the direction of the limited lines travel insurance producer.
History: En. Sec. 3, Ch. 359, L. 2013.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 14. Travel Insurance › 33-17-1404. Responsibility -- enforcement -- penalties -- scope

33-17-1404. Responsibility -- enforcement -- penalties -- scope.
(1) The limited lines travel insurance producer is the supervising entity responsible for the acts of the travel retailer and shall use reasonable means to ensure compliance by the travel retailer with the provisions of this part.
(2) A limited lines travel insurance producer and any travel retailer offering and disseminating travel insurance under the limited lines travel insurance producer's license are subject to the enforcement provisions applicable to insurance producers generally.
(3) All other applicable provisions of the insurance code continue to apply to travel insurance, except that the specific provisions of this part supersede any general provisions of law that would otherwise be applicable to travel insurance.
History: En. Sec. 4, Ch. 359, L. 2013; amd. Sec. 3, Ch. 517, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 14. Travel Insurance › 33-17-1405. Travel protection plans

33-17-1405. Travel protection plans.
Travel protection plans may be offered for one price for the combined features that the travel protection plan offers in this state if:
(1) the travel protection plan clearly discloses to the consumer, at or prior to the time of purchase, that it includes travel insurance, travel assistance services, and cancellation fee waivers, as applicable, and provides information and an opportunity, at or prior to the time of purchase, for the consumer to obtain additional information regarding the features and pricing of each; and
(2) the fulfillment materials:
(a) describe and delineate the travel insurance, travel assistance services, and cancellation fee waivers in the travel protection plan; and
(b) include the travel insurance disclosures and the contact information for persons providing travel assistance services and cancellation fee waivers, as applicable.
History: En. Sec. 4, Ch. 517, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 14. Travel Insurance › 33-17-1407. Travel administrators

33-17-1407. Travel administrators.
(1) A person may not act or represent itself as a travel administrator for travel insurance in this state unless the person:
(a) is a licensed property and casualty insurance producer in this state for activities permitted under the producer's license; or
(b) holds a valid third-party administrator certificate in this state.
(2) A travel administrator and its employees are exempt from the licensing requirements of Title 33, chapter 17, part 3, for travel insurance it administers.
(3) An insurer is responsible for the acts of a travel administrator administering travel insurance underwritten by the insurer and is responsible for ensuring that the travel administrator maintains all books and records relevant to the insurer to be made available by the travel administrator to the commissioner on request.
History: En. Sec. 6, Ch. 517, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 14. Travel Insurance › 33-17-1408. Rulemaking

33-17-1408. Rulemaking.
The commissioner may adopt rules necessary to implement the provisions of this part.
History: En. Sec. 7, Ch. 517, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 15. Rental Vehicle Insurance › 33-17-1501. Definitions

33-17-1501. Definitions.
As used in this part, the following definitions apply:
(1) "Customer service representative" means an employee of a rental vehicle entity.
(2) "Present rental vehicle insurance information" means to present the option to acquire rental vehicle insurance to a renter.
(3) "Rental agreement" means a written agreement setting forth the terms and conditions governing the use of a vehicle that is provided by a rental vehicle entity for the rental or lease of a rental vehicle for a period of not more than 90 days.
(4) "Rental vehicle" means a motor vehicle that is designated as:
(a) a private passenger motor vehicle, including an automobile, a passenger van, a minivan, or a sport utility vehicle; or
(b) a cargo vehicle, including a cargo van, a pickup truck, or a truck with a gross weight of less than 26,000 pounds that does not require the operator to possess a commercial driver's license.
(5) "Rental vehicle entity" means an entity in the business of providing rental vehicles to the public under a rental agreement.
(6) "Rental vehicle insurance" means insurance that a renter purchases from a rental vehicle entity as part of the rental agreement in conjunction with the use of a rental vehicle.
(7) "Renter" means a person who obtains the use of a rental vehicle from a rental vehicle entity under the terms of a rental agreement.
History: En. Sec. 1, Ch. 409, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 15. Rental Vehicle Insurance › 33-17-1502. Rental vehicle entity license -- customer service representative requirements -- recordkeeping

33-17-1502. Rental vehicle entity license -- customer service representative requirements -- recordkeeping.
(1) A rental vehicle entity may obtain a business entity insurance producer license.
(2) A rental vehicle entity shall designate an individual licensed insurance producer who is responsible for the rental vehicle entity's compliance with the insurance laws of this state.
(3) A rental vehicle entity or customer service representative may not present rental vehicle insurance information to renters unless the rental vehicle entity is licensed and the customer service representative has been trained as required under 33-17-1503.
(4) A customer service representative may present rental vehicle insurance information only on behalf of a rental vehicle entity.
(5) A rental vehicle entity shall supervise a customer service representative who provides rental vehicle insurance under the provisions of this part.
(6) A rental vehicle entity shall submit to the commissioner an annual report listing each customer service representative presenting rental vehicle insurance information to the public.
History: En. Sec. 2, Ch. 409, L. 2003; amd. Sec. 20, Ch. 469, L. 2005; amd. Sec. 14, Ch. 63, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 15. Rental Vehicle Insurance › 33-17-1503. Training of customer service representative

33-17-1503. Training of customer service representative.
(1) A rental vehicle entity shall provide a training program for each customer service representative prior to allowing that customer service representative to present rental vehicle insurance information to renters.
(2) The rental vehicle entity shall present the training program to the commissioner for approval.
(3) The training may be in an electronic or video format and must cover the following areas:
(a) rental vehicle insurance;
(b) specific instruction that information may not be presented either by statement or conduct, express or implied, that would lead the renter to believe:
(i) that the purchase of rental vehicle insurance is required to rent a vehicle;
(ii) that the renter does not have a personal automobile insurance policy in place that provides coverage; or
(iii) that the customer service representative is qualified to evaluate the adequacy of the renter's existing insurance coverage.
(4) The training and education program must be submitted for review and approval pursuant to 33-17-1204 and 33-17-1205.
History: En. Sec. 3, Ch. 409, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 15. Rental Vehicle Insurance › 33-17-1504. Rental vehicle entity requirements

33-17-1504. Rental vehicle entity requirements.
A rental vehicle entity may not solicit, negotiate, or sell rental vehicle insurance unless:
(1) at every location where rental vehicle agreements are executed, the rental vehicle entity prominently displays and makes readily available written material to each renter who may purchase rental vehicle insurance that:
(a) summarizes the material terms, exclusions, limitations, and conditions of coverage offered to renters, including the identity of the insurer;
(b) describes the process for filing claims in the event that the renter elects to purchase the coverage, including a toll-free telephone number to report a claim;
(c) provides the rental vehicle entity's name, address, telephone number, and business entity license number, as well as the commissioner's consumer hotline telephone number;
(d) informs the renter that the rental vehicle entity may provide a duplication of coverage already provided by a renter's automobile insurance policy;
(e) informs the renter that the purchase by the renter of the rental vehicle insurance is not required in order to rent a vehicle; and
(f) informs the renter that neither the rental vehicle entity nor the customer service representative is qualified to evaluate the adequacy of the renter's existing insurance coverage.
(2) Evidence of the rental vehicle insurance coverage must be stated in the rental agreement.
(3) The cost of the rental vehicle insurance must be separately itemized in the rental agreement, unless preselection of coverage is made in a master, corporate, or group agreement.
History: En. Sec. 4, Ch. 409, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 15. Rental Vehicle Insurance › 33-17-1505. Recordkeeping and trust fund requirements

33-17-1505. Recordkeeping and trust fund requirements.
(1) A rental vehicle entity shall keep records of insurance transactions pursuant to 33-17-1101.
(2) The commissioner may not require a rental vehicle entity to hold rental vehicle insurance premium in a separate trust account pursuant to 33-17-1102 if the premium for rental vehicle insurance is itemized as part of the rental agreement.
History: En. Sec. 5, Ch. 409, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 16. Bail Bond Insurance License › 33-17-1601. Special qualifications for surety bail bond insurance license

33-17-1601. Special qualifications for surety bail bond insurance license.
(1) Before approving an application for a surety bail bond insurance license, the commissioner shall verify that the individual:
(a) is a natural person at least 21 years of age;
(b) is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) has obtained a high school diploma, a general equivalency diploma or equivalent document, or an equivalent education as determined by the commissioner;
(d) has complied with the requirements of 33-17-211; and
(e) has successfully completed the training required in 33-17-1602.
(2) An individual may not receive, renew, or hold a surety bail bond license if the individual:
(a) has been convicted of a felony in this state or of any offense committed in another state that would be a felony if committed in this state; or
(b) has been convicted of an offense involving dishonesty, a breach of trust, violence, threatened violence, or the unlawful use, sale, or possession of a controlled substance.
History: En. Sec. 1, Ch. 592, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 16. Bail Bond Insurance License › 33-17-1602. Surety bail bond insurance license -- basic course of training -- temporary license

33-17-1602. (Effective January 1, 2024) Surety bail bond insurance license -- basic course of training -- temporary license.
(1) Except as otherwise provided in this section, an applicant for a surety bail bond insurance license shall satisfactorily complete a basic course of training for bail enforcement agents that is approved by the commissioner.
(2) The basic course of training must consist of at least 40 hours of training that includes instruction in:
(a) the following areas of the law:
(i) constitutional law;
(ii) procedures for arresting a defendant and surrendering a defendant into custody;
(iii) civil liability;
(iv) the civil rights of a person who is detained in custody;
(v) the use of force; and
(vi) the history and principles of bail;
(b) procedures for field operations, including without limitation:
(i) handling a person with mental illness or a person who is under the influence of alcohol or a controlled substance; and
(ii) the care and custody of a prisoner;
(c) the skills required of bail enforcement agents, including without limitation:
(i) writing reports and completing forms;
(ii) methods of arrest;
(iii) nonlethal weapons;
(iv) the safe retention of weapons;
(v) qualifications for the use of firearms; and
(vi) defensive tactics; and
(d) the following subjects:
(i) first aid used in emergencies; and
(ii) cardiopulmonary resuscitation.
(3) In lieu of completing the basic course of training required by subsection (1), an applicant may submit proof to the commissioner that the applicant has completed a course of training required by a municipal, state, or federal law enforcement agency or a branch of the armed forces to carry out the duties of a peace officer.
(4) An applicant for a surety bail bond insurance license shall complete the training required by this section within 12 months after the date the applicant is employed by a licensed surety bail bond agent. The commissioner may issue a temporary license to an applicant who has not completed the training if the applicant is otherwise qualified to be issued a license as a surety bail bond agent. The temporary license:
(a) authorizes the applicant to act as a surety bail bond agent while employed by a licensed surety bail bond agent;
(b) is valid for up to 12 months; and
(c) may not be renewed.
History: En. Sec. 2, Ch. 592, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 1. General Provisions › 33-18-101. Purposes

33-18-101. Purposes.
The purpose of this chapter is to regulate trade practices in the business of insurance in accordance with the intent of congress as expressed in Public Law 79-15 (the McCarran-Ferguson Act, 15 U.S.C. 1011 through 1015), which was approved March 9, 1945, by defining or providing for determination of all such practices in this state which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined.
History: En. Sec. 203, Ch. 286, L. 1959; amd. Sec. 6, Ch. 320, L. 1977; R.C.M. 1947, 40-3501.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 1. General Provisions › 33-18-102. Unfair methods or deceptive practices prohibited -- refusal to renew

33-18-102. Unfair methods or deceptive practices prohibited -- refusal to renew.
(1) No person shall engage in this state in any trade practice which is defined in this chapter as or determined pursuant to this chapter to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.
(2) Nothing in this chapter shall be construed to prevent an insurer owned or controlled by an association or organization, including a mutual insurer formed to provide insurance to the members of an association or organization, from refusing to renew a casualty or liability policy for nonpayment of dues to the association or organization if payment of dues is a condition for obtaining or continuing such insurance.
History: En. Sec. 204, Ch. 286, L. 1959; R.C.M. 1947, 40-3502; amd. Sec. 2, Ch. 319, L. 1981; amd. Sec. 1, Ch. 143, L. 1983.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-201. Unfair claim settlement practices prohibited

33-18-201. Unfair claim settlement practices prohibited.
A person may not, with such frequency as to indicate a general business practice, do any of the following:
(1) misrepresent pertinent facts or insurance policy provisions relating to coverages at issue;
(2) fail to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies;
(3) fail to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies;
(4) refuse to pay claims without conducting a reasonable investigation based upon all available information;
(5) fail to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed;
(6) neglect to attempt in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear;
(7) compel insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by the insureds;
(8) attempt to settle a claim for less than the amount to which a reasonable person would have believed the person was entitled by reference to written or printed advertising material accompanying or made part of an application;
(9) attempt to settle claims on the basis of an application that was altered without notice to or knowledge or consent of the insured;
(10) make claims payments to insureds or beneficiaries not accompanied by statements setting forth the coverage under which the payments are being made;
(11) make known to insureds or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration;
(12) delay the investigation or payment of claims by requiring an insured, claimant, or physician of either to submit a preliminary claim report and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information;
(13) fail to promptly settle claims, if liability has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage; or
(14) fail to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement.
History: En. 40-3502.1 by Sec. 1, Ch. 320, L. 1977; R.C.M. 1947, 40-3502.1; amd. Sec. 1206, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-202. Misrepresentation and false advertising of policies prohibited

33-18-202. Misrepresentation and false advertising of policies prohibited.
No person shall make, issue, circulate, or cause to be made, issued, or circulated any estimate, illustration, circular, sales presentation, omission, comparison, or statement which:
(1) misrepresents the benefits, advantages, conditions, or terms of any insurance policy;
(2) misrepresents the dividends or share of the surplus to be received on any insurance policy;
(3) makes any false or misleading statement as to the dividends or share of surplus previously paid on any insurance policy;
(4) is misleading or is a misrepresentation as to the financial condition of any person or as to the legal reserve system upon which any life insurer operates;
(5) uses any name or title of any insurance policy or class of insurance policies misrepresenting the true nature thereof;
(6) is a misrepresentation for the purpose of effecting a pledge or assignment of or effecting a loan against any insurance policy; or
(7) misrepresents any insurance policy as being shares of stock.
History: En. Sec. 205, Ch. 286, L. 1959; R.C.M. 1947, 40-3503; amd. Sec. 1, Ch. 9, L. 1979.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-203. False or deceptive advertising prohibited

33-18-203. False or deceptive advertising prohibited.
A person may not make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication or in the form of a notice, circular, pamphlet, letter, or poster or over any radio or television station or in any other way, an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the business of insurance or with respect to any person in the conduct of the person's insurance business that is untrue, deceptive, or misleading.
History: En. Sec. 206, Ch. 286, L. 1959; R.C.M. 1947, 40-3504; amd. Sec. 1207, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-204. Twisting prohibited

33-18-204. Twisting prohibited.
No person shall make or issue or cause to be made or issued any written or oral statement misrepresenting or making incomplete comparisons as to the terms, conditions, or benefits contained in any policy for the purpose of inducing or attempting or tending to induce the policyholder to lapse, forfeit, surrender, retain, exchange, or convert any insurance policy.
History: En. Sec. 207, Ch. 286, L. 1959; R.C.M. 1947, 40-3505.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-205. Filing or publishing false financial statements or making false entries prohibited

33-18-205. Filing or publishing false financial statements or making false entries prohibited.
(1) No person shall file with any supervisory or other public official or make, publish, disseminate, circulate, or deliver to any person or place before the public or cause, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public any false statement of financial condition of an insurer with intent to deceive.
(2) No person shall make any false entry in any book, report, or statement of any insurer with intent to deceive any agent or examiner lawfully appointed to examine into its condition or into any of its affairs or any public official to whom such insurer is required by law to report or who has authority by law to examine into its condition or into any of its affairs or, with like intent, willfully omit to make a true entry of any material fact pertaining to the business of such insurer in any book, report, or statement of such insurer. Any person who aids or abets in any such violation of this section shall be punishable upon conviction by a fine of $1,000 or by imprisonment in the county jail for 6 months or both such fine and imprisonment.
History: En. Sec. 208, Ch. 286, L. 1959; amd. Sec. 1, Ch. 29, L. 1967; R.C.M. 1947, 40-3506.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-206. Unfair discrimination prohibited -- life insurance, annuities, and disability insurance

33-18-206. Unfair discrimination prohibited -- life insurance, annuities, and disability insurance.
(1) No person shall make or permit any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any contract of life insurance or of life annuity or in the dividends or other benefits payable thereon or in any other of the terms and conditions of such contract.
(2) No person shall make or permit any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of disability insurance or in the benefits payable thereunder or in any of the terms or conditions of such contract or in any other manner whatever.
(3) An insurer may not refuse to consider an application for life or disability insurance on the basis of a genetic condition, developmental delay, or developmental disability.
(4) The rejection of an application or the determining of rates, terms, or conditions of a life or disability insurance contract on the basis of genetic condition, developmental delay, or developmental disability constitutes unfair discrimination unless the applicant's medical condition and history and either claims experience or actuarial projections establish that substantial differences in claims are likely to result from the genetic condition, developmental delay, or developmental disability.
(5) As used in this section, the following definitions apply:
(a) "Developmental delay" means a delay of at least 1 1/2 standard deviations from the norm.
(b) "Developmental disability" means the singular of developmental disabilities as defined in 53-20-202.
(c) "Genetic condition" means a specific chromosomal or single-gene genetic condition.
History: En. Sec. 211, Ch. 286, L. 1959; R.C.M. 1947, 40-3509; amd. Sec. 1, Ch. 318, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-207. Preferred rates to fictitious groups prohibited -- approval of preferred group rates and forms

33-18-207. Preferred rates to fictitious groups prohibited -- approval of preferred group rates and forms.
(1) No insurer, whether an authorized insurer or an unauthorized insurer, shall make available through any rating plan or form, property, casualty, or surety insurance to any firm, corporation, or association of individuals, any preferred rate or premium based upon any fictitious group of such firm, corporation, or association of individuals.
(2) No form or plan of insurance covering any group or combination of persons or risks shall be written or delivered within or outside this state to cover persons or risks in this state at any preferred rate or on any form other than as offered to persons not in such group or combination and to the public generally unless such form, plan of insurance, and the rates or premiums to be charged therefor have been submitted to and approved by the commissioner as being not unfairly discriminatory and as not otherwise being in conflict with subsection (1) above or with any provision of parts 1 through 4 of chapter 16 to the extent that parts 1 through 4 are, by their terms, applicable thereto.
(3) This section does not apply to life insurance, disability insurance, workers' compensation insurance written for industry or business associations, or annuity contracts. However, workers' compensation group insurance rates are subject to all applicable provisions of chapter 16, part 10.
History: En. Sec. 222, Ch. 286, L. 1959; amd. Sec. 1, Ch. 292, L. 1977; R.C.M. 1947, 40-3520.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-208. Contract to contain agreements -- rebates prohibited -- life, disability, and annuity contracts

33-18-208. Contract to contain agreements -- rebates prohibited -- life, disability, and annuity contracts.
Except as otherwise expressly provided by law, no person shall knowingly:
(1) permit or offer to make or make any contract of life insurance, life annuity, or disability insurance or agreement as to such contract other than as plainly expressed in the contract issued thereon;
(2) pay or allow or give or offer to pay, allow, or give, directly or indirectly, as inducement to such insurance or annuity any rebate of premiums payable on the contract or any special favor or advantage in the dividends or other benefits thereon or any paid employment or contract for services of any kind or any valuable consideration or inducement whatever not specified in the contract;
(3) directly or indirectly give or sell or purchase or offer or agree to give, sell, purchase, or allow as inducement to such insurance or annuity or in connection therewith and whether or not to be specified in the policy or contract, any agreement of any form or nature promising returns and profits or any stocks, bonds, or other securities or interest present or contingent therein or as measured thereby of any insurance company or other corporation, association, or partnership or any dividends or profits accrued or to accrue thereon; or
(4) offer, promise, or give anything of value whatsoever not specified in the contract.
History: En. Sec. 212, Ch. 286, L. 1959; R.C.M. 1947, 40-3510.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-209. Exceptions to discrimination and rebates provision

33-18-209. Exceptions to discrimination and rebates provision.
Nothing in 33-18-206 and 33-18-208 shall be construed as including within the definition of discrimination or rebates any of the following practices:
(1) in the case of any contract of life insurance or life annuity, paying bonuses to policyholders or otherwise abating their premiums in whole or in part out of surplus accumulated from nonparticipating insurance, provided that any such bonuses or abatement of premiums shall be fair and equitable to policyholders and for the best interests of the insurer;
(2) in the case of life insurance policies issued on the industrial debit, preauthorized check, bank draft, or similar plans, making allowance to policyholders who have continuously for a specified period made premium payments directly to an office of the insurer or by preauthorized check, bank draft, or similar plans, in an amount which fairly represents the saving in collection expense;
(3) readjustment of the rate of premium for a group insurance policy based on the loss or expense experience thereunder, at the end of the first or any subsequent policy year of insurance thereunder, which may be made retroactive only for such policy year;
(4) reduction of premium rate for policies of large amount but not exceeding savings in issuance and administration expenses reasonably attributable to such policies as compared with policies of similar plan issued in smaller amounts;
(5) issuing life or disability insurance policies on a salary savings or payroll deduction plan at reduced rate reasonably commensurate with the savings made by the use of such plan.
History: En. Sec. 213, Ch. 286, L. 1959; R.C.M. 1947, 40-3511.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-211. Stock operations and advisory board contracts

33-18-211. Stock operations and advisory board contracts.
No person shall issue or deliver or permit its insurance producers, officers, or employees to issue or deliver agency company stock or other capital stock or benefit certificates or shares in any common-law corporation or any advisory board contract or other similar contract of any kind promising returns and profits as an inducement to insurance.
History: En. Sec. 215, Ch. 286, L. 1959; R.C.M. 1947, 40-3513; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-212. Illegal dealing in premiums -- improper charges for insurance

33-18-212. Illegal dealing in premiums -- improper charges for insurance.
(1) A person may not willfully collect any sum as a premium or charge for insurance that is not then provided or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance policy issued by an insurer as authorized by this code.
(2) A person may not willfully collect as a premium or charge for insurance any sum in excess of or less than the premium or charge applicable to the insurance and, as specified in the policy, in accordance with the applicable classifications and rates filed with or approved by the commissioner; or in cases in which classifications, premiums, or rates are not required by this code to be filed or approved, the premiums and charges may not be in excess of or less than those specified in the policy and as fixed by the insurer. This provision may not prohibit the charging and collection, by surplus lines insurance producers licensed under chapter 2, part 3, of the amount of applicable state and federal taxes in addition to the premium required by the insurer. This provision may not prohibit the charging and collection, by a life insurer, of amounts actually to be expended for medical examination of an applicant for life insurance or for reinstatement of a life insurance policy.
(3) This section does not prohibit the charging and collection of a flat fee by a surplus lines insurance producer as specified in 33-2-320 for transaction of surplus lines insurance policies.
History: En. Sec. 221, Ch. 286, L. 1959; R.C.M. 1947, 40-3519; amd. Sec. 1, Ch. 86, L. 1979; amd. Sec. 29, Ch. 537, L. 1987; amd. Sec. 41, Ch. 613, L. 1989; amd. Secs. 1, 2, Ch. 713, L. 1989; amd. Sec. 54, Ch. 379, L. 1995; amd. Sec. 3, Ch. 223, L. 2015; amd. Sec. 28, Ch. 396, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-213. Extension of credit to policyholder

33-18-213. Extension of credit to policyholder.
Notwithstanding any other provision of law, an insurance producer, as defined in 33-17-102, may extend credit to a policyholder in connection with the issuance or servicing of any policy procured or negotiated by the insurance producer, but any credit so extended must satisfy one of the following requirements:
(1) if credit is extended to a policyholder for not more than 30 days from the date the premium is due and the credit is not evidenced by a written instrument, no interest may be charged; or
(2) if credit is extended to a policyholder for more than 30 days from the date the premium is due and the credit is not evidenced by a written instrument, interest may be charged for credit extended after 30 days at a rate not more than 1 1/2% a month on the unpaid balance; or
(3) if the extension of credit to a policyholder is evidenced by a written instrument signed by the policyholder, any interest charged for such credit shall be clearly stated in the instrument and may not exceed the legal rate of interest authorized in 31-1-107.
History: En. Sec. 1, Ch. 128, L. 1981; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-214. Repealed

33-18-214. Repealed.
Sec. 35, Ch. 63, L. 2015.
History: En. Sec. 3, Ch. 357, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-215. Postclaim underwriting prohibited -- condition

33-18-215. Postclaim underwriting prohibited -- condition.
An insurer, health service corporation, or health maintenance organization may not place an elimination rider on or rescind coverage provided by a disability policy, certificate, or subscriber contract after a policy, certificate, or contract has been issued unless the insured has made a material misrepresentation or fraudulent misstatement on the application or has failed to pay the premium when due.
History: En. Sec. 1, Ch. 53, L. 1997.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-217. Military discount exception to rebate and discount prohibition for property or casualty insurance

33-18-217. Military discount exception to rebate and discount prohibition for property or casualty insurance.
(1) The prohibition against rebates or discounts provided for in 33-18-210 does not apply with respect to property or casualty insurance sales to:
(a) an active, retired, or honorably separated member of the United States armed forces, including a member of a reserve component as defined in 37-1-138; or
(b) a spouse, surviving spouse, dependent, or heir of a United States armed forces member referred to in subsection (1)(a).
(2) This section does not permit unfair discrimination based on rank or pay grade.
History: En. Sec. 1, Ch. 98, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-218. Insurer costs prohibited -- duty to defend -- exception

33-18-218. Insurer costs prohibited -- duty to defend -- exception.
(1) Except as provided in 33-18-219 and subsection (2) of this section, an insurer may not recover costs of defending an insured against claims asserted against the insured if the insurer is subsequently determined to not owe a duty to defend the insured.
(2) An insurer may recover costs of defending an insured against claims asserted against the insured when the insurer is subsequently determined to not owe a duty to defend the insured if:
(a) the insurance policy or contract contains language giving the insurer the right to seek reimbursement or recover those costs from the insured;
(b) the insurer provides written notice to the insured that the insurer may seek reimbursement or recovery of those costs from the insured at the time the insurer assumes the defense of the claim or when an insurer discovers facts that lead the insurer to question whether a claim is covered, whichever is later; and
(c) the insurer institutes an action to determine whether the insurer owes the insured a duty to defend within 120 days of determining whether a question exists as to whether a claim is covered under the policy.
(3) The insured has the right to recover, or seek reimbursement of, those costs from a third party pursuant to a contract or agreement or as otherwise provided by law, but only to the extent an insurer has recovered those costs.
(4) Nothing in this section compromises an insurer's right to seek recovery or reimbursement of costs under this section from any party other than the insured against whom the claim has been asserted.
History: En. Sec. 1, Ch. 419, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-219. Exceptions to applicability

33-18-219. Exceptions to applicability.
Section 33-18-218 does not apply and an insurer may seek reimbursement from an insured for any amount paid by the insurer in defending any claim asserted against an insured if:
(1) the insured made fraudulent or material misrepresentations or concealed or omitted facts or information in the application for insurance, and the insurer, in good faith, would not have issued the policy or contract if the true facts had been made known to the insurer;
(2) the insured made fraudulent or material misrepresentations or concealed or omitted facts or information in the submission of the claim; or
(3) the insurance policy or contract is a professional liability insurance policy or contract.
History: En. Sec. 2, Ch. 419, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-221. Designation of specific repair shops prohibited -- lists allowed

33-18-221. Designation of specific repair shops prohibited -- lists allowed.
(1) An insurance company, including its producers and adjusters, that issues or renews a policy of insurance in this state covering, in whole or part, a motor vehicle may not:
(a) require that a person insured under the policy use a particular company or location for providing automobile glass replacement, glass repair services, or glass products insured in whole or part by the policy; or
(b) engage in any act or practice of intimidation, coercion, or threat for or against an insured person to use a particular company or location to provide automobile glass replacement, glass repair services, or glass products insured, in whole or in part, under the terms of an insurance policy.
(2) (a) An insurance company may provide an insured with a list that includes the names of particular companies or locations providing automobile glass replacement, glass repair services, or glass products if some of the listed companies or locations are reasonably close and convenient to the insured. The insurance company may restrict the list to those companies or locations that meet reasonable standards of quality, service, and safety.
(b) The insured may use a nonlisted company or location at the insured's sole discretion, and subject to the provisions of subsections (2)(c) and (3), the insurance company will fully and promptly pay for the cost of automobile glass replacement, glass repair services, or glass products provided, less any deductible under the terms of the policy.
(c) If the insured does not use a list as provided in subsection (2)(a), the insurer may require the insured to obtain not more than three competitive bids to establish the cost of automobile glass replacement, glass repair services, or glass products provided.
(3) This section does not require an insurer to pay more for automobile glass replacement, glass repair services, or glass products than the market price as defined in 33-18-222.
(4) Notwithstanding the provisions of subsections (1) through (3), an insurance company may agree to pay the full cost of glass replacement or repair.
History: En. Sec. 1, Ch. 554, L. 1993; amd. Sec. 2, Ch. 526, L. 1999; amd. Sec. 2, Ch. 345, L. 2001; amd. Sec. 1, Ch. 192, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 18. Unfair Trade Practices › Part 2. Insurer's Relations With Insured and Claimant › 33-18-222. Market price

33-18-222. Market price.
(1) For purposes of 33-18-221, 33-18-223, and 33-18-224, "market price" means the:
(a) price agreed upon between the insurer and the business; or
(b) prevailing competitive rate that is reasonable and necessary in the local area where the repairs are to be performed.
(2) The market price may not be less than cost as provided in 30-14-209.
History: En. Sec. 2, Ch. 554, L. 1993; amd. Sec. 3, Ch. 526, L. 1999; amd. Sec. 3, Ch. 345, L. 2001; amd. Sec. 2, Ch. 192, L. 2009.