reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 6. Electronic Delivery of Insurance Notices or Documents › 33-15-602. Electronic delivery permitted

33-15-602. Electronic delivery permitted.
(1) Subject to the requirements of Title 30, chapter 18, 33-19-202(7)(c), and this part, a notice to a party or any other document that is required in an insurance transaction or that is to serve as evidence of insurance coverage may be delivered, stored, and presented by electronic means.
(2) Electronic delivery of a notice or document as provided in this part is equivalent to any delivery method otherwise required by law, including delivery by first-class mail, first-class mail postage prepaid, certified mail, or certificate of mailing.
(3) A requirement in law that a notice or document provided to a party expressly requires verification or acknowledgment of receipt of the notice or document may be delivered by electronic means only if the method used provides for verification or acknowledgment of receipt.
(4) If an insurer has reason to believe that a party is not receiving notices or documents that the insurer attempts to deliver by electronic means, including if the insurer attempts delivery by electronic means and receives a notice that the delivery by electronic means has failed, the insurer shall deliver the notices or documents by first-class mail or by any other delivery method required for the notices or documents.
(5) An insurer may not impose on a party a fee or charge because the party:
(a) refuses to consent to delivery of a notice or a document by electronic means; or
(b) withdraws consent to delivery of a notice or a document by electronic means.
History: En. Sec. 2, Ch. 369, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 6. Electronic Delivery of Insurance Notices or Documents › 33-15-603. Conditions for electronic delivery

33-15-603. Conditions for electronic delivery.
(1) An insurer may use electronic delivery of a notice or a document to a party under this part if the insurer meets the requirements of subsection (2) and the party:
(a) has affirmatively consented to the electronic delivery method and has not withdrawn the consent;
(b) is provided, before or at the time of giving consent, with a clear and conspicuous statement informing the party of:
(i) the right of the party at any time to have the notice or the document provided or made available in paper form or by another nonelectronic form;
(ii) the right of the party at any time to withdraw consent to have a notice or document delivered by electronic means and any conditions or consequences imposed if consent is withdrawn;
(iii) the specific notice or document or categories of notices or documents that may be delivered by electronic means during the course of the relationship between the insurer and the party;
(iv) the means, after consent is given, by which a party may obtain a paper copy of a notice or document delivered by electronic means; and
(v) the procedures for a party to follow to update information needed to contact the party electronically and to withdraw consent to have a notice or a document delivered by electronic means; and
(c) is provided, before or at the time of giving consent, with a statement of the hardware and software requirements for access to and retention of a notice or document delivered by electronic means. The party shall provide electronic consent to the hardware and software requirements or confirm consent electronically in a manner that reasonably demonstrates that the party can access information in the electronic form that will be used for notices or documents delivered by electronic means.
(2) After the party consents as provided in subsection (1), if a change occurs in hardware or software needed to access or retain a notice or document delivered by electronic means that creates a material risk that the party will not be able to access or retain a notice or document to which the consent applies, the insurer shall provide the party with a statement that:
(a) provides information regarding the revised hardware or software requirements for access to and retention of a notice or document delivered by electronic means; and
(b) recognizes the right of the party to withdraw consent without the imposition of any condition or consequence that was not disclosed under subsection (1)(b)(ii).
(3) Consent to delivery by electronic means remains in effect following a policy modification or renewal if the original consent makes clear that consent continues after a policy modification or renewal.
History: En. Sec. 3, Ch. 369, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 6. Electronic Delivery of Insurance Notices or Documents › 33-15-604. Withdrawal of consent to electronic delivery

33-15-604. Withdrawal of consent to electronic delivery.
(1) Withdrawal of consent to electronic delivery does not affect the legal effectiveness, validity, or enforceability of a notice or a document that is delivered by electronic means to a party before the withdrawal of consent is effective.
(2) (a) Except as provided in subsection (2)(b), withdrawal of consent by a party becomes effective 15 days after the insurer receives notice of the withdrawal pursuant to the insurer's noticed procedures.
(b) Except as provided in 33-15-603(2) or if a party updates contact information pursuant to the insurer's noticed procedures, a withdrawal becomes effective immediately upon the insurer learning that the electronic delivery method currently used is no longer an effective delivery mechanism with respect to the party.
(3) Failure by an insurer to comply with 33-15-603(2) may be treated, at the election of the party, as a withdrawal of consent, but the party shall communicate the withdrawal pursuant to the insurer's noticed procedures.
History: En. Sec. 4, Ch. 369, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 6. Electronic Delivery of Insurance Notices or Documents › 33-15-605. Protection of information

33-15-605. Protection of information.
An insurer delivering a notice or a document by electronic means shall take appropriate and necessary measures reasonably calculated to ensure that the system for furnishing the notices or documents:
(1) results in actual receipt of transmitted information; and
(2) protects the confidentiality of personal information as defined in 33-19-104.
History: En. Sec. 5, Ch. 369, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 6. Electronic Delivery of Insurance Notices or Documents › 33-15-606. Validity of electronic delivery

33-15-606. Validity of electronic delivery.
The legal effectiveness, validity, or enforceability of a contract or policy of insurance executed by a party may not be denied solely because the contract or policy was delivered by electronic means if the insurer has obtained the electronic consent of the party as required in 33-15-603.
History: En. Sec. 6, Ch. 369, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 6. Electronic Delivery of Insurance Notices or Documents › 33-15-610. Application to other laws

33-15-610. Application to other laws.
The provisions of this part do not affect requirements related to content or timing of a notice or document required by laws affecting insurance policies, notices, or documents.
History: En. Sec. 7, Ch. 369, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 11. Property or Casualty Insurance -- Premium Changes, Cancellation, and Claim Information › 33-15-1101. Purpose -- applicability

33-15-1101. Purpose -- applicability.
(1) The purpose of this part is to protect the public with regard to insurance transactions that involve cancellation, renewal, nonrenewal, or premium increases on contracts of property or casualty insurance by:
(a) regulating the grounds for midterm cancellation of an insurance policy;
(b) except as provided in 33-15-1108, prohibiting midterm increases in premiums;
(c) increasing the opportunity for insureds to shop for replacement or substitute insurance;
(d) reducing the opportunity for breach of contract, misrepresentation by omission or untimely disclosure, and unfair discrimination among insureds; and
(e) increasing the opportunity for insurance producers to compete freely.
(2) This part applies to those forms of insurance defined in 33-1-206 and 33-1-210, except to the extent they conflict with chapter 23 of this title.
(3) This part does not limit the activities that may constitute undefined unfair trade practices prohibited by 33-18-1003. The commissioner may apply other provisions of this code to insurance transactions involving cancellation, renewal, nonrenewal, or premium increases on contracts of property or casualty insurance. Policies may provide terms more favorable to insureds than are required by this part. The rights provided by this part are in addition to and do not prejudice any other rights that the insured may have under common law, statutes, or rules.
History: En. Sec. 1, Ch. 120, L. 1987; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 1, Ch. 501, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 11. Property or Casualty Insurance -- Premium Changes, Cancellation, and Claim Information › 33-15-1102. Definitions

33-15-1102. Definitions.
As used in this part, the following definitions apply unless the context requires otherwise:
(1) "Anniversary date" means the month and day that rates, rating plans, and rating systems are initially applied to a policy in effect. The term includes each annual anniversary thereafter unless the insurer establishes a different date by a filing with the commissioner.
(2) "Cancellation" means the decision by the insurer to terminate an insurance policy prior to the expiration of its term.
(3) "Classification" means an arrangement of insurance risks into an underwriting or rating group according to a classification system used by an insurer as a basis for tabulating statistical experience and determining premium rates.
(4) "Classification system" means a schedule of classifications and a rule used by an insurer for determining the classifications applicable to an insured.
(5) "Insurer" means an insurer authorized to transact property or casualty insurance in this state or an unauthorized insurer transacting surplus lines insurance in this state.
(6) "Premium" means the contractual consideration charged to an insured for insurance for a specified period of time, regardless of the timing of actual charges.
(7) "Rate" means a monetary amount applied to the units of exposure assigned to a classification and used by an insurer to determine the premium for an insured.
(8) "Rating plan" means a rule used by an insurer to calculate:
(a) the premium for an insured; and
(b) the parameter values used in such calculation after application of classification premium rates to units of exposure.
(9) "Renewal" means an agreement between an insurer and an insured to extend or continue an existing insurance policy for 90 days or more.
History: En. Sec. 2, Ch. 120, L. 1987; amd. Sec. 4, Ch. 180, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 11. Property or Casualty Insurance -- Premium Changes, Cancellation, and Claim Information › 33-15-1103. Midterm cancellation

33-15-1103. Midterm cancellation.
(1) An insurer may not cancel an insurance policy before either the expiration of the agreed term or 1 year from the effective date of the policy or renewal date, whichever is less, except:
(a) for reasons specifically allowed by statute;
(b) for failure to pay a premium when due; or
(c) on grounds stated in the policy which pertain to the following:
(i) material misrepresentation;
(ii) substantial change in the risk assumed, except to the extent that the insurer should reasonably have foreseen the change or contemplated the risk when the contract was written;
(iii) substantial breaches of contractual duties, conditions, or warranties;
(iv) determination by the commissioner that continuation of the policy would place the insurer in violation of this code;
(v) financial impairment of the insurer; or
(vi) any other reason approved by the commissioner.
(2) Except as provided in 33-23-401, cancellation under subsection (1) is not effective until 10 days after a notice of cancellation is either delivered or mailed to the insured.
(3) Subsections (1) and (2) do not apply to a newly issued insurance policy if the policy has been in effect less than 60 days at the time the notice of cancellation is mailed or delivered. A cancellation under this subsection is not effective until 10 days after the notice is delivered or mailed to the insured.
(4) If a policy has been issued for a term longer than 1 year and if either the premium is prepaid or an agreed term is guaranteed for additional premium consideration, the insurer may not cancel the policy except:
(a) for reasons specifically allowed by statute;
(b) for failure to pay a premium when due; or
(c) on grounds stated in the policy which pertain to those grounds listed in subsection (1)(c).
History: En. Sec. 3, Ch. 120, L. 1987; amd. Sec. 1, Ch. 263, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 11. Property or Casualty Insurance -- Premium Changes, Cancellation, and Claim Information › 33-15-1104. Anniversary cancellation -- anniversary rate increases

33-15-1104. Anniversary cancellation -- anniversary rate increases.
(1) An insurer may issue a policy for a term longer than 1 year or for an indefinite term if the policy contains a clause that allows cancellation by the insurer if the insurer gives notice 45 days prior to an anniversary date.
(2) If a policy has been issued for a term longer than 1 year and for additional premium consideration an annual premium has been guaranteed, the insurer may not increase the annual premium for the term of that policy.
History: En. Sec. 4, Ch. 120, L. 1987; amd. Sec. 1, Ch. 339, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 11. Property or Casualty Insurance -- Premium Changes, Cancellation, and Claim Information › 33-15-1105. Nonrenewal -- renewal premium

33-15-1105. Nonrenewal -- renewal premium.
(1) (a) An insured has a right to reasonable notice of nonrenewal. Unless otherwise provided by statute or unless a longer term is provided in the policy, at least 45 days prior to the expiration date provided in the policy, an insurer who does not intend to renew a policy beyond the agreed expiration date shall mail or deliver to the insured a notice of the intention not to renew. The insurer shall also mail or deliver a copy to the insured's insurance producer.
(b) Notification of nonrenewal to the insured's insurance producer via electronic transfer of data or by an electronic data retrieval device meets the requirement of a mailed or delivered copy.
(2) An insurer shall give notice of premium due not more than 60 days or less than 30 days before the due date of a renewal premium. The notice must clearly state the effect of nonpayment of the premium on or before the due date.
(3) Subsections (1) and (2) do not apply if:
(a) the insured has obtained insurance elsewhere, has accepted replacement coverage, or has requested or agreed to nonrenewal; or
(b) the policy is expressly designated as nonrenewable.
(4) An insurer may not refuse to renew a property and casualty insurance policy on the basis of a single loss occurring during the policy period unless the insurer has previously disclosed in writing to the insured, at the time that the insured applied for the insurance or prior to the insured's renewal, that a single loss is among the insurer's criteria for nonrenewal.
(5) (a) For the purposes of this subsection (5), the following definitions apply:
(i) "Claim" means a contact with an insurer by an insured or third party for the purpose of seeking payment. An inquiry into coverage on a property and casualty insurance policy is not claim activity unless:
(A) a payment is made;
(B) a reserve is established or loss adjustment expenses are incurred; or
(C) a written, formal denial of the claim is issued to the insured or claimant.
(ii) "Inquiry" means a request for information regarding the terms, conditions, or coverages offered under a property and casualty insurance policy that does not result in a claim.
(b) An insurer may not use a direct or indirect inquiry as the basis for declining or not renewing insurance coverage or a binder of insurance coverage or for increasing the insurance premium.
(c) An inquiry may not be considered a claim under 33-18-201.
(d) An insurer may not submit to any insurance-support organization or consumer reporting agency an insured's name if the insured made an inquiry about terms or coverage of an insurance policy.
History: En. Sec. 5, Ch. 120, L. 1987; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 21, Ch. 531, L. 1997; amd. Sec. 1, Ch. 364, L. 1999; amd. Sec. 2, Ch. 339, L. 2003; amd. Sec. 2, Ch. 263, L. 2005; amd. Sec. 1, Ch. 498, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 11. Property or Casualty Insurance -- Premium Changes, Cancellation, and Claim Information › 33-15-1106. Renewal with altered terms

33-15-1106. Renewal with altered terms.
(1) If an insurer offers or purports to renew a policy but on less favorable terms, at a higher rate, or at a higher rating plan, the new terms, rate, or rating plan take effect on the policy renewal date only if the insurer has mailed or delivered notice of the new terms, rate, or rating plan to the insured at least 45 days before the expiration date.
(2) This section does not apply if the increase in the rate or the rating plan, or both, results from a classification change based on the altered nature or extent of the risk insured against.
History: En. Sec. 6, Ch. 120, L. 1987; amd. Sec. 4, Ch. 699, L. 1991; amd. Sec. 22, Ch. 531, L. 1997; amd. Sec. 3, Ch. 339, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 11. Property or Casualty Insurance -- Premium Changes, Cancellation, and Claim Information › 33-15-1107. Information about grounds for nonrenewal

33-15-1107. Information about grounds for nonrenewal.
(1) If the insurer or insurance producer receives a written request from an insured within 60 business days from the date on which the insurer mailed a notice of cancellation or nonrenewal to the insured, the insurer or insurance producer shall, within 21 days of receiving the insured's written request, furnish the insured the information that the insurer or insurance producer used to make its decision. A notice is not effective unless it contains adequate information about the insured's right to make the request.
(2) This section does not apply if the ground for cancellation or nonrenewal is nonpayment of the premium and the reason is stated in the notice.
History: En. Sec. 7, Ch. 120, L. 1987; amd. Sec. 26, Ch. 472, L. 1999.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 11. Property or Casualty Insurance -- Premium Changes, Cancellation, and Claim Information › 33-15-1108. Limitation on midterm premium increases

33-15-1108. Limitation on midterm premium increases.
(1) In any case involving property or casualty insurance that is subject to this part, the insurer may not unilaterally increase the rate charged or decrease the coverage provided for the contract period unless:
(a) there is a change in risk during that period because of the addition or removal of persons or property that was included in the rate at last renewal;
(b) the risk was misrepresented by the insured; or
(c) the insured requests a policy change that increases the rate because of that specific request.
(2) This section does not prohibit the cancellation of a policy for any other reason permitted by the policy or by law during an initial policy period not to exceed 60 days.
History: En. Sec. 2, Ch. 501, L. 2003; amd. Sec. 10, Ch. 62, L. 2019.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 11. Property or Casualty Insurance -- Premium Changes, Cancellation, and Claim Information › 33-15-1111. Home owner insurance not affected by day-care operations

33-15-1111. Home owner insurance not affected by day-care operations.
(1) No insurer writing home owner insurance in this state may deny an applicant home owner insurance or cancel or refuse to renew a home owner insurance policy covering a dwelling located in this state for the principal reason that an insured under the policy operates at the insured location a day-care facility, as defined in 52-2-703, that satisfies the requirements of 52-2-723 or 52-2-724.
(2) This section does not prevent an insurer from excluding or limiting coverage with respect to liability or property losses arising out of an insured's business pursuits, including those related to the operation of a day-care facility.
History: En. Sec. 8, Ch. 120, L. 1987.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 11. Property or Casualty Insurance -- Premium Changes, Cancellation, and Claim Information › 33-15-1121. Unfair trade practices

33-15-1121. Unfair trade practices.
(1) The failure of an insurer to comply with this part constitutes an unfair trade practice under 33-18-1003.
(2) Midterm premium increases and policy coverage reductions not in compliance with this part that are attempted or executed constitute unfair trade practices under 33-18-1003.
History: En. Sec. 9, Ch. 120, L. 1987.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 15. The Insurance Contract › Part 11. Property or Casualty Insurance -- Premium Changes, Cancellation, and Claim Information › 33-15-1126. Disclosure of certain claim information on insurance policies

33-15-1126. Disclosure of certain claim information on insurance policies.
(1) On request of a policyholder, an insurer shall provide to the policyholder, or to an insurance producer designated by the policyholder, a list of claims charged against the policy.
(2) The information must include:
(a) the date and description of the claim;
(b) details relating to the cause and disposition of the claim; and
(c) a list of the claims charged against the policy, including payments made on each claim.
(3) The information must be provided within 10 days of the policyholder's request.
(4) The information provided under this section is confidential insurance information. The information may be used by the policyholder for internal management purposes or for procuring insurance products but may not be disclosed for any other purpose without the express written consent of the insurer.
(5) This section does not apply to workers' compensation insurance.
History: En. Sec. 1, Ch. 267, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 1. General Provisions › 33-16-101. Purpose and intent

33-16-101. Purpose and intent.
(1) The purpose of this chapter is to promote the public welfare by regulating insurance rates as herein provided to the end that they shall not be excessive, inadequate, or unfairly discriminatory, to authorize the existence and operation of qualified rating organizations and advisory organizations and require that specified rating services of such rating organizations be generally available to all admitted insurers, and to authorize cooperation between insurers in ratemaking and other related matters.
(2) It is the express intent of this chapter to permit and encourage competition between insurers on a sound financial basis, and nothing in this chapter is intended to give the commissioner power to fix and determine a rate level by classification or otherwise.
History: En. Sec. 1, Ch. 362, L. 1969; R.C.M. 1947, 40-3634.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 1. General Provisions › 33-16-102. Definitions

33-16-102. Definitions.
In this chapter, the following definitions apply:
(1) "Advisory organization" means each person, other than an admitted insurer, whether located within or outside this state, who prepares policy forms or makes underwriting rules incident to but not including the making of rates, rating plans, or rating systems or who collects and furnishes to admitted insurers or rating organizations loss or expense statistics or other statistical information and data and acts in an advisory, as distinguished from a ratemaking, capacity. A licensed attorney, acting in the usual course of the profession, may not be considered an advisory organization.
(2) "Dividend" means:
(a) a noncontractual and nonrecoverable payment or credit declared by an insurer's board of directors and paid out or credited out of earned surplus to policyholders, members, or subscribers; or
(b) in the absence of earned surplus, a noncontractual and nonrecoverable payment or credit declared by an insurer's board of directors and paid to policyholders, members, or subscribers with the written permission of the commissioner. The commissioner may grant permission only if the payment of the dividend or credit will not reduce the insurer's capital and surplus below an amount three times the minimum capital required under 33-2-109.
(3) "Member" means an insurer who participates in or is entitled to participate in the management of a rating, advisory, or other organization.
(4) "Rating organization" means each person, other than an admitted insurer, whether located within or outside this state, with the object or purpose of making rates, rating plans, or rating systems. Two or more admitted insurers who act in concert for the purpose of making rates, rating plans, or rating systems and who do not operate within the specific authorizations contained in 33-16-105, 33-16-302, 33-16-304, 33-16-305, and 33-16-307 must be considered a rating organization. A single insurer may not be considered a rating organization.
(5) "Subscriber" means an insurer who is furnished at its request with rates and rating manuals by a rating organization of which the insurer is not a member or with advisory services by an advisory organization of which it is not a member.
(6) "Willful" or "willfully", in relation to an act or omission that constitutes a violation of this chapter, means with actual knowledge or belief that the act or omission constitutes a violation and with specific intent to commit the violation.
History: En. Secs. 2, 3, 4, 5, Ch. 362, L. 1969; R.C.M. 1947, 40-3635, 40-3636, 40-3637, 40-3638; amd. Sec. 27, Ch. 472, L. 1999; amd. Sec. 42, Ch. 227, L. 2001.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 1. General Provisions › 33-16-103. Application

33-16-103. Application.
This chapter applies to all insurers and all kinds of insurance, except that nothing contained in this chapter applies to:
(1) life insurance;
(2) disability insurance, except medicare supplement insurance subject to the provisions of chapter 22, part 9;
(3) reinsurance, except joint reinsurance as provided in 33-16-307;
(4) insurance against loss of or damage to aircraft, their hulls, accessories, and equipment, or against liability, other than workers' compensation and employers' liability, arising out of the ownership, maintenance, or use of aircraft;
(5) insurance of vessels or craft, their cargoes, marine builders' risks, marine protection and indemnity, or other risks commonly insured under marine, as distinguished from inland marine, insurance policies; or
(6) surplus lines insurance as defined in 33-2-301.
History: En. Sec. 6, Ch. 362, L. 1969; amd. Sec. 1, Ch. 558, L. 1977; R.C.M. 1947, 40-3639; amd. Sec. 1, Ch. 126, L. 1981; amd. Sec. 1, Ch. 400, L. 1989; amd. Sec. 1, Ch. 682, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 1. General Provisions › 33-16-104. Payment of dividends, savings, or unabsorbed premium deposits not prohibited or regulated -- plan for payment not rating system

33-16-104. Payment of dividends, savings, or unabsorbed premium deposits not prohibited or regulated -- plan for payment not rating system.
Nothing in this chapter may be construed to prohibit or regulate the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers. A plan for the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers may not be considered a rating plan or system. A plan for the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers does not relieve the insurer from complying with any requirements of this chapter regarding rating plans or systems.
History: En. Sec. 33, Ch. 362, L. 1969; R.C.M. 1947, 40-3666; amd. Sec. 28, Ch. 472, L. 1999.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 1. General Provisions › 33-16-105. Maintenance of records

33-16-105. Maintenance of records.
Every insurer, rating organization, or advisory organization and every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance shall maintain reasonable records, of the type and kind reasonably adapted to its method of operation, of its experience or the experience of its members and of the data, statistics, or information collected or used by it in connection with the rates, rating plans, rating systems, underwriting rules, policy or bond forms, surveys or inspections made or used by it so that such records will be available at all reasonable times to enable the commissioner to determine whether such organization, insurer, group, or association and, in the case of an insurer or rating organization, every rate, rating plan, and rating system made or used by it complies with the provisions of this chapter applicable to it. The maintenance of such records in the office of a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this section for any insurer maintaining membership or subscribership in such organization, to the extent that the insurer uses the rates, rating plans, rating systems, or underwriting rules of such organization. Such records shall be maintained in an office within this state or shall be made available for examination or inspection within this state by the commissioner at any time upon reasonable notice.
History: En. Sec. 21, Ch. 362, L. 1969; amd. Sec. 1, Ch. 469, L. 1977; R.C.M. 1947, 40-3654(1).
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 1. General Provisions › 33-16-106. Examination by commissioner of rating organizations, admitted insurers, officers, managers, insurance producers, and employees -- expense

33-16-106. Examination by commissioner of rating organizations, admitted insurers, officers, managers, insurance producers, and employees -- expense.
(1) (a) The commissioner may, as often as may be reasonable and necessary, make or cause to be made an examination of each licensed rating organization. The commissioner may, as often as may be reasonable and necessary, make or cause to be made an examination of any advisory organization or group, association, or other organization of insurers that engages in joint underwriting or joint reinsurance.
(b) In lieu of an examination, the commissioner may accept the report of an examination made by the insurance supervisory official of another state or by the national association of insurance commissioners.
(c) In examining any organization, group, or association pursuant to this section, the commissioner shall ascertain whether an organization, group, or association and, in the case of a rating organization, any rate or rating system made or used by it, complies with the requirements and standards of this chapter applicable to it.
(2) The commissioner may, at any reasonable time, make or cause to be made an examination of every admitted insurer transacting any class of insurance to which the provisions of this chapter are applicable to ascertain whether the insurer and every rate and rating system used by it for every class of insurance complies with the requirements and standards of this chapter applicable to it. The examination may not be a part of a periodic general examination participated in by representatives of more than one state.
(3) The officers, managers, insurance producers, and employees of any organization, group, association, or insurer may be examined at any time under oath and shall exhibit all books, records, accounts, documents, or agreements governing its method of operation, together with all data, statistics, and information of every kind and character collected or considered by an organization, group, association, or insurer in the conduct of the operations to which the examination relates.
(4) The reasonable cost of any examination authorized by this article must be paid by the organization, group, association, or insurer to be examined.
History: En. Secs. 22, 23, 24, 25, Ch. 362, L. 1969; R.C.M. 1947, 40-3655, 40-3656, 40-3657, 40-3658; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 19, Ch. 451, L. 1993.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 1. General Provisions › 33-16-107. Information not to be willfully withheld

33-16-107. Information not to be willfully withheld.
No person, insurer, or organization shall willfully withhold information from or knowingly give false or misleading information to the commissioner or to any rating organization, advisory organization, insurer, or group, association, or other organization of insurers which will affect the rates, rating systems, or premiums for the classes of insurance to which the provisions of this chapter are applicable.
History: En. Sec. 32, Ch. 362, L. 1969; R.C.M. 1947, 40-3665(a).
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 1. General Provisions › 33-16-111. Issuance of order -- suspension or revocation of certificate of authority or license

33-16-111. Issuance of order -- suspension or revocation of certificate of authority or license.
If, after a hearing pursuant to 33-16-206, the commissioner finds:
(1) that an insurer, a rating organization, an advisory organization, or a group, association, or other organization of insurers that engages in joint underwriting or joint reinsurance is in violation of the provisions of this chapter applicable to it, other than the provisions dealing with rates, rating plans, or rating systems, the commissioner may issue an order to the insurer, organization, group, or association that has been the subject of the hearing, specifying in what respects the violation exists and requiring compliance within a reasonable time;
(2) that the violation of any of the provisions of this chapter applicable to it by any insurer or rating organization that has been the subject of hearing was willful, the commissioner may suspend or revoke, in whole or in part, the certificate of authority of the insurer or the license of the rating organization with respect to the class of insurance that has been the subject matter of the hearing;
(3) that any rating organization has willfully engaged in any fraudulent or dishonest act or practices, the commissioner may suspend or revoke, in whole or in part, the license of the organization, in addition to any other penalty provided in this chapter.
History: En. Sec. 29, Ch. 362, L. 1969; R.C.M. 1947, 40-3662(part); amd. Sec. 1194, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 1. General Provisions › 33-16-112. Failure to comply with order -- suspension or revocation of license or certificate

33-16-112. Failure to comply with order -- suspension or revocation of license or certificate.
In addition to other penalties provided in this code, the commissioner may suspend or revoke, in whole or in part, the license of any rating organization or the certificate of authority of any insurer with respect to the class or classes of insurance specified in the order that fails to comply within the time limited by the order or any extension of the order that the commissioner may grant, with an order of the commissioner lawfully made pursuant to 33-16-111 and 33-16-211 and effective pursuant to 33-16-113.
History: En. Sec. 30, Ch. 362, L. 1969; R.C.M. 1947, 40-3663; amd. Sec. 1195, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 1. General Provisions › 33-16-113. Appeal from order or decision of commissioner

33-16-113. Appeal from order or decision of commissioner.
Any person, insurer, or rating organization aggrieved by any order or decision made by the commissioner under this chapter may appeal to the district court of the county where the aggrieved party may reside or has a principal place of business in this state or to the district court of Lewis and Clark County, Montana. The appeal must be taken within 30 days from the making and filing of the order or decision by filing in the office of the commissioner a notice of the appeal in writing. The commissioner shall, within 20 days after filing of the notice, make and return to the district court a full and complete certified transcript of the finding and order appealed from and of all parts relative to the finding and order on file in the commissioner's office, including the notice of appeal. Upon filing of the certified transcript, all matters involved in the appeal must be brought on for trial upon the merits at the next term of the court after the filing of the transcript unless otherwise ordered by the court. Upon the trial, the findings of fact on which the order is based must be prima facie evidence of the matters stated. During the pendency of the proceedings upon review, the order of the commissioner is suspended, but in the event of a final determination against any insurer, any overcharge by the insurer during review must be refunded to the persons entitled to the refund.
History: En. Sec. 31, Ch. 362, L. 1969; R.C.M. 1947, 40-3664; amd. Sec. 1196, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 1. General Provisions › 33-16-114. Penalty

33-16-114. Penalty.
(1) A person, insurer, organization, group, or association that fails to comply with a final order of the commissioner under this chapter is liable to the state in an amount not exceeding $50. If the failure is willful, the person or entity is liable to the state in an amount not exceeding $5,000 for the failure. The commissioner shall collect the amount payable and may bring an action in the name of the people of the state of Montana to enforce collection. The penalties may be in addition to any other penalties provided by law.
(2) A willful violation of the provisions of this chapter by any person is a misdemeanor.
History: En. Sec. 32, Ch. 362, L. 1969; R.C.M. 1947, 40-3665(b), (c); amd. Sec. 1197, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 1. General Provisions › 33-16-115. Acts done by authority of chapter not violation of other laws

33-16-115. Acts done by authority of chapter not violation of other laws.
No act done, action taken, or agreement made pursuant to the authority conferred by this chapter shall constitute a violation of or grounds for prosecution or civil proceedings under any other law of this state heretofore or hereafter enacted which does not specifically refer to insurance.
History: En. Sec. 34, Ch. 362, L. 1969; R.C.M. 1947, 40-3667.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 1. General Provisions › 33-16-116. Administration or enforcement -- supplementation or modification

33-16-116. Administration or enforcement -- supplementation or modification.
The administration and enforcement of this chapter shall be governed solely by the provisions of this chapter. Except as provided in this chapter, no other law relating to insurance and no other provisions in this code heretofore or hereafter enacted shall apply to or be construed as supplementing or modifying the provisions of this chapter unless such other law or other provision expressly so provides and specifically refers to the sections of this chapter which it intends to supplement or modify.
History: En. Sec. 35, Ch. 362, L. 1969; R.C.M. 1947, 40-3668.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 2. Rates and Rating Plans › 33-16-202. Recording and reporting of loss and expense experience

33-16-202. Recording and reporting of loss and expense experience.
(1) The commissioner may promulgate and may modify reasonable rules and statistical plans, reasonably adapted to each of the rating systems used, which must be used by each insurer in the recording and reporting of its loss and countrywide expense experience, in order that the experience of all insurers may be made available at least annually in form and detail as necessary to aid the commissioner in determining whether rates comply with the applicable standards of this chapter. The rules and plans may also provide for the recording and reporting of expense experience items that are specially applicable to this state and are not susceptible of determination by a prorating of countrywide expense experience.
(2) In promulgating rules and plans, the commissioner shall give consideration to the rating systems in use in this state and, in order that the rules and plans may be as uniform as is practicable among the several states, to the rules and to the form of the plans used for rating systems in other states. An insurer may not be required to record or report its loss experience on a classification basis that is inconsistent with the rating system used by it.
(3) The commissioner may designate one or more rating organizations or other agencies to assist in gathering and making compilations of loss and expense experience, and the compilations must be made available, subject to reasonable rules promulgated by the commissioner, to insurers and rating organizations.
History: En. Sec. 36, Ch. 362, L. 1969; R.C.M. 1947, 40-3669; amd. Sec. 47, Ch. 379, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 2. Rates and Rating Plans › 33-16-203. Rates filed

33-16-203. Rates filed.
(1) Every insurer, rating organization, or advisory organization shall file with the commissioner all rates intended for use within this state, together with supporting data sufficient to substantiate the filing. The filing required by this subsection may be made by rating organizations on behalf of their members and subscribers. However, this provision does not prohibit a member or subscriber from filing rates on its own behalf. Any deviations from a rating organization's rates by a member or subscriber must be filed with the commissioner and must be accompanied by supporting data.
(2) Rates filed must provide for a premium reduction to:
(a) qualified insured operators 55 years of age or older in accordance with 33-16-222; or
(b) qualified members of the Montana national guard in accordance with 33-16-230.
History: En. Sec. 21, Ch. 362, L. 1969; amd. Sec. 1, Ch. 469, L. 1977; R.C.M. 1947, 40-3654(2); amd. Sec. 1, Ch. 241, L. 1979; amd. Sec. 7, Ch. 49, L. 1987; amd. Sec. 2, Ch. 576, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 2. Rates and Rating Plans › 33-16-204. Review of rates on request by aggrieved person

33-16-204. Review of rates on request by aggrieved person.
(1) A person aggrieved by any rate charged, rating plan, rating system, or underwriting rule followed or adopted by an insurer or rating organization may request the insurer or rating organization to review the manner in which the rate, plan, system, or rule has been applied with respect to insurance afforded the person. The request may be made by the person's authorized representative and must be written.
(2) If the request is not granted within 30 days after it is made, the requester may treat it as rejected.
(3) Any person aggrieved by the action of an insurer or rating organization in refusing the review requested or in failing or refusing to grant all or part of the relief requested may file a written complaint and request for hearing with the commissioner, specifying the grounds relied upon. If the commissioner has information concerning a similar complaint, the commissioner may deny the hearing. If the commissioner believes that probable cause for the complaint does not exist or that the complaint is not made in good faith, the commissioner shall deny the hearing. Otherwise, and if the commissioner finds that the complaint charges a violation of this chapter and that the complainant would be aggrieved if the violation is proven, the commissioner shall proceed as provided in 33-16-205.
History: En. Sec. 26, Ch. 362, L. 1969; R.C.M. 1947, 40-3659; amd. Sec. 1198, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 2. Rates and Rating Plans › 33-16-205. Noncompliance of rates -- notice

33-16-205. Noncompliance of rates -- notice.
If, after examination of an insurer, rating organization, advisory organization, or group, association, or other organization of insurers that engages in joint underwriting or joint reinsurance or upon the basis of other information or upon sufficient complaint as provided in 33-16-204, the commissioner has good cause to believe that the insurer, organization, group, or association or any rate, rating plan, or rating system made or used by the insurer or rating organization does not comply with the requirements and standards of this chapter applicable to it, the commissioner shall, unless the commissioner has good cause to believe that the noncompliance is willful, give notice, in writing, to the insurer, organization, group, or association stating in what manner and to what extent the noncompliance is alleged to exist and specifying a reasonable time, not less than 10 days after receipt, in which the noncompliance may be corrected.
History: En. Sec. 27, Ch. 362, L. 1969; R.C.M. 1947, 40-3660; amd. Sec. 9, Ch. 416, L. 1999.