reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 4. Nonresident Licensees › 33-17-401. Nonresident insurance producer -- license

33-17-401. Nonresident insurance producer -- license.
(1) A nonresident person, unless denied licensure pursuant to 33-17-1001, must be granted a license if:
(a) the person is currently licensed as a resident and is in good standing in the person's home state;
(b) the person has submitted the proper request for licensure and has paid the fees required by 33-2-708;
(c) the person has submitted or transmitted to the commissioner the application for licensure that the person submitted to the person's home state or a completed application in a form approved by the commissioner; and
(d) the person's home state awards nonresident insurance producer licenses to residents of this state on the same basis.
(2) A person licensed as a surplus lines producer in that person's home state must receive a nonresident surplus lines producer license upon meeting the requirements of subsection (1). Except for subsection (1), this section does not amend or supersede any provision of the surplus lines insurance law established in Title 33, chapter 2, part 3.
(3) A person licensed as a limited line credit insurance producer or other type of limited lines producer in that person's home state must receive a nonresident limited lines producer license upon meeting the requirements of subsection (1), granting the same scope of authority as granted under the license issued by the producer's home state. For the purposes of this subsection, limited lines insurance is any authority granted by a nonresident's home state that restricts the authority of the licensee to less than the total authority prescribed in the associated major lines pursuant to 33-17-214(2)(a) through (2)(e).
(4) If a nonresident insurance producer's state of residence suspends, revokes, or terminates the insurance producer's insurance license in that state, the insurance producer's Montana nonresident license automatically terminates. The nonresident insurance producer shall notify the commissioner that the insurance producer's state of residence has suspended, revoked, or terminated the insurance producer's insurance license in that state.
History: En. Sec. 1, Ch. 44, L. 1969; R.C.M. 1947, 40-3333; amd. Sec. 8, Ch. 345, L. 1979; amd. Sec. 9, Ch. 409, L. 1987; amd. Sec. 29, Ch. 713, L. 1989; amd. Sec. 6, Ch. 106, L. 2001; amd. Sec. 16, Ch. 469, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 4. Nonresident Licensees › 33-17-402. Repealed

33-17-402. Repealed.
Sec. 68, Ch. 713, L. 1989.
History: En. Sec. 2, Ch. 44, L. 1969; R.C.M. 1947, 40-3334.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 4. Nonresident Licensees › 33-17-403. Repealed

33-17-403. Repealed.
Sec. 68, Ch. 713, L. 1989.
History: En. Sec. 3, Ch. 44, L. 1969; R.C.M. 1947, 40-3335.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 4. Nonresident Licensees › 33-17-404. Repealed

33-17-404. Repealed.
Sec. 73, Ch. 227, L. 2001.
History: En. Sec. 4, Ch. 44, L. 1969; R.C.M. 1947, 40-3336; amd. Sec. 9, Ch. 345, L. 1979; amd. Sec. 1, Ch. 395, L. 1983; amd. Sec. 30, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 4. Nonresident Licensees › 33-17-405. Repealed

33-17-405. Repealed.
Sec. 54, Ch. 157, L. 2023.
History: En. Sec. 5, Ch. 44, L. 1969; R.C.M. 1947, 40-3337; amd. Sec. 31, Ch. 713, L. 1989; amd. Sec. 51, Ch. 379, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 4. Nonresident Licensees › 33-17-406. Nonresident insurance producer subject to insurance code

33-17-406. Nonresident insurance producer subject to insurance code.
A nonresident insurance producer is subject to the provisions of the Montana Insurance Code as though a resident of this state, unless otherwise provided.
History: En. Sec. 6, Ch. 44, L. 1969; R.C.M. 1947, 40-3338; amd. Sec. 32, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 4. Nonresident Licensees › 33-17-407. Nonresident insurance producer to pay taxes -- annual report required

33-17-407. Nonresident insurance producer to pay taxes -- annual report required.
(1) A nonresident insurance producer is subject to personal income, business income, or corporate income taxes for all income earned on insurance policies issued to cover subjects or risks residing, located, or to be performed in Montana and written within the boundaries of this state.
(2) A nonresident insurance producer shall file annually a Montana income tax return as required in Title 15.
History: En. Sec. 3, Ch. 395, L. 1983; amd. Sec. 33, Ch. 713, L. 1989; amd. Sec. 35, Ch. 268, L. 2013.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 4. Nonresident Licensees › 33-17-408. Reciprocity -- nonresident insurance producer licensing and continuing education

33-17-408. Reciprocity -- nonresident insurance producer licensing and continuing education.
(1) The commissioner shall waive any requirements, except for the requirements of 33-17-401, for a nonresident applicant for an insurance producer's license who has a valid license from the applicant's home state if the applicant's home state awards nonresident licenses to residents of this state on the same basis.
(2) A nonresident insurance producer's satisfaction of the insurance producer's home state's continuing education requirements for licensed insurance producers constitutes satisfaction of this state's continuing education requirements if the nonresident insurance producer's home state recognizes the satisfactions of its continuing education requirements imposed upon insurance producers from this state on the same basis.
History: En. Sec. 8, Ch. 106, L. 2001.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 4. Nonresident Licensees › 33-17-409. Status of nonresident insurance producers -- biennial renewal of license -- payment of fees

33-17-409. Status of nonresident insurance producers -- biennial renewal of license -- payment of fees.
A nonresident insurance producer's license continues in force until lapsed, suspended, revoked, or terminated. The license lapses if the licensee fails to remit a biennial renewal fee.
History: En. Sec. 5, Ch. 427, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 4. Nonresident Licensees › 33-17-410. Service of process

33-17-410. Service of process.
Service of process against a nonresident person must be made pursuant to 35-7-113 or in any other manner permitted by law.
History: En. Sec. 17, Ch. 157, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 4. Nonresident Licensees › 33-17-411. Penalty

33-17-411. Penalty.
A nonresident insurance producer who violates a condition of the producer's Montana license or a provision of this part is subject to a fine by the commissioner of up to $50,000 for each violation and may, at the discretion of the commissioner, have the Montana nonresident license revoked or suspended for a period of up to 5 years.
History: En. Sec. 5, Ch. 395, L. 1983; amd. Sec. 34, Ch. 713, L. 1989; amd. Sec. 1204, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 5. Consultants › 33-17-501. Short title

33-17-501. Short title.
This part may be cited as "The Montana Insurance Consultant Licensure Act".
History: En. 40-3339 by Sec. 1, Ch. 144, L. 1975; R.C.M. 1947, 40-3339.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 5. Consultants › 33-17-502. Prohibition on representation as consultant -- receiving fee

33-17-502. Prohibition on representation as consultant -- receiving fee.
(1) A person not licensed as an insurance consultant in this state who identifies or represents to the public that the person is an insurance consultant without having been licensed as an insurance consultant under this part or a person who uses any other designation or title that is likely to mislead the public and represents to the public that the person has particular insurance qualifications other than those for which the person may be otherwise licensed or otherwise qualified may be fined pursuant to 33-1-317.
(2) A person not licensed as an insurance consultant with respect to the relevant kinds of insurance who receives a fee for examining, appraising, reviewing, or evaluating any insurance policy, annuity or pension contract, plan, or program or who makes recommendations or gives advice with regard to any insurance policy, annuity or pension contract, plan, or program without first having been licensed by the commissioner as an insurance consultant may be fined pursuant to 33-1-317.
(3) This part does not apply to:
(a) licensed attorneys at law in this state acting in their professional capacity; or
(b) an actuary or a certified public accountant who provides information, recommendations, advice, or services in a professional capacity if neither the actuary nor the certified public accountant or the actuary's or certified public accountant's employer receives any compensation directly or indirectly on account of any insurance, bond, annuity or pension contract that results in whole or part from that information, recommendation, advice, or services.
History: En. 40-3340, 40-3348 by Secs. 2, 10, Ch. 144, L. 1975; R.C.M. 1947, 40-3340, 40-3348; amd. Sec. 2, Ch. 86, L. 1979; amd. Sec. 40, Ch. 613, L. 1989; amd. Sec. 35, Ch. 713, L. 1989; amd. Sec. 44, Ch. 227, L. 2001; amd. Sec. 17, Ch. 427, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 5. Consultants › 33-17-503. Application -- residency -- fee -- expiration

33-17-503. Application -- residency -- fee -- expiration.
(1) Before a consultant license is issued or renewed, the prospective licensee shall:
(a) properly file with the office of the commissioner a written application in a form approved by the commissioner; and
(b) pay a fee pursuant to 33-2-708, which the commissioner shall forward to the state treasurer to be deposited in the state special revenue fund to the credit of the state auditor's office.
(2) To be licensed as a consultant, the prospective licensee:
(a) must be an individual 18 years of age or older; and
(b) (i) must be a resident of Montana or a resident of another state that permits residents of Montana regularly to act as consultants in the other state; or
(ii) if not a resident of this state, shall designate a home state in which the consultant does not maintain a place of business or residence if:
(A) the consultant's principal state of business or residence does not offer consultant licensure; and
(B) the consultant qualifies for the license as if the consultant were a resident of the designated home state.
(3) A consultant license continues in force until lapsed, suspended, revoked, or terminated.
History: En. 40-3341 by Sec. 3, Ch. 144, L. 1975; R.C.M. 1947, 40-3341; amd. Sec. 36, Ch. 713, L. 1989; amd. Sec. 52, Ch. 379, L. 1995; amd. Sec. 20, Ch. 380, L. 2003; amd. Sec. 17, Ch. 469, L. 2005; amd. Sec. 14, Ch. 169, L. 2013.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 5. Consultants › 33-17-504. Issuing license -- limitations

33-17-504. Issuing license -- limitations.
The commissioner may issue a consultant license to an individual who has complied with the requirements of this chapter with respect to either life insurance, meaning all of those kinds of insurance authorized in 33-1-207, 33-1-208, 33-20-1001, 33-21-103, 33-22-501, and 33-22-601, or general insurance, meaning all of those kinds of insurance authorized in 33-1-206, 33-1-207, 33-1-209 through 33-1-212, 33-1-214 through 33-1-219, and 33-1-221 through 33-1-229, as specified in the license.
History: En. 40-3342 by Sec. 4, Ch. 144, L. 1975; R.C.M. 1947, 40-3342; amd. Sec. 13, Ch. 467, L. 1981; amd. Sec. 37, Ch. 713, L. 1989; amd. Sec. 19, Ch. 427, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 5. Consultants › 33-17-505. Qualification examination -- background examination

33-17-505. Qualification examination -- background examination.
(1) (a) In order to determine the competency of an applicant for a consultant license, the commissioner shall require the applicant to pass an examination.
(b) The commissioner may conduct the examination or make arrangements, including contracting with an outside testing service, for administering the examination and collecting the fees required by 33-17-503. The commissioner may arrange for the testing service to recover its cost of the examination from the applicant.
(2) The applicant shall submit to a licensing background examination that meets the requirements provided in 33-17-220.
History: En. 40-3343 by Sec. 5, Ch. 144, L. 1975; amd. Sec. 1, Ch. 146, L. 1977; R.C.M. 1947, 40-3343; amd. Sec. 1, Ch. 324, L. 1987; amd. Sec. 38, Ch. 713, L. 1989; amd. Sec. 15, Ch. 316, L. 1999; amd. Sec. 33, Ch. 472, L. 1999; amd. Sec. 15, Ch. 169, L. 2013.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 5. Consultants › 33-17-506. Repealed

33-17-506. Repealed.
Sec. 29, Ch. 399, L. 2007.
History: En. 40-3344 by Sec. 6, Ch. 144, L. 1975; R.C.M. 1947, 40-3344(part); amd. Sec. 39, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 5. Consultants › 33-17-507. Repealed

33-17-507. Repealed.
Sec. 29, Ch. 399, L. 2007.
History: En. 40-3344 by Sec. 6, Ch. 144, L. 1975; R.C.M. 1947, 40-3344(part); amd. Sec. 40, Ch. 713, L. 1989; amd. Sec. 34, Ch. 472, L. 1999.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 5. Consultants › 33-17-511. Consideration for services only on written memorandum

33-17-511. Consideration for services only on written memorandum.
A person licensed as an insurance consultant under this part may not receive a fee for examining, appraising, reviewing, or evaluating an insurance policy, a bond, an annuity, or a pension or profit-sharing contract, plan, or program or for making recommendations or giving advice with regard to any of the above unless the compensation is based upon a written memorandum that includes the insurance consultant's Montana insurance license number, is signed by the party to be charged, and specifies or clearly defines services to be provided and the amount or extent of the compensation. An insurance consultant shall retain a copy of every memorandum or contract for not less than 3 years after those services have been fully performed.
History: En. 40-3345 by Sec. 7, Ch. 144, L. 1975; R.C.M. 1947, 40-3345; amd. Sec. 41, Ch. 713, L. 1989; amd. Sec. 21, Ch. 380, L. 2003; amd. Sec. 7, Ch. 399, L. 2007.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 5. Consultants › 33-17-512. Limitation on type of consideration

33-17-512. Limitation on type of consideration.
A licensed insurance consultant may not receive a commission, service fee, brokerage fee, or other valuable consideration for the sale or service of a line of insurance, annuity, security, or pension trust if the consultant has received compensation from the client for consulting services on the same line of insurance, annuity, security, or pension trust sold or serviced within the preceding 12 months.
History: En. 40-3346 by Sec. 8, Ch. 144, L. 1975; R.C.M. 1947, 40-3346; amd. Sec. 42, Ch. 713, L. 1989; amd. Sec. 1, Ch. 215, L. 1993.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 5. Consultants › 33-17-513. Restrictions on insurers recommended by licensee

33-17-513. Restrictions on insurers recommended by licensee.
A person licensed as an insurance consultant under this part may not recommend or encourage the purchase of insurance, annuities, or securities from an authorized insurer in which the person or any member of the person's immediate family holds an executive position or holds a substantial interest.
History: En. 40-3347 by Sec. 9, Ch. 144, L. 1975; R.C.M. 1947, 40-3347; amd. Sec. 43, Ch. 713, L. 1989; amd. Sec. 1205, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 6. Administrators › 33-17-601. Repealed

33-17-601. Repealed.
Sec. 68, Ch. 713, L. 1989.
History: En. Sec. 1, Ch. 343, L. 1979; amd. Sec. 10, Ch. 409, L. 1987.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 6. Administrators › 33-17-602. Written agreement required

33-17-602. Written agreement required.
(1) A person may not act as an administrator without a written agreement between the person and the insurer. The written agreement must be retained as part of the official records of both the administrator and the insurer for the duration of the agreement and for 5 years thereafter. The written agreement must contain provisions that include the requirements of 33-17-612 through 33-17-617 insofar as these requirements relate to the functions performed by the administrator.
(2) The agreement must contain a provision with respect to the underwriting or other standards pertaining to the business underwritten by the insurer.
(3) Whenever a policy is issued to a trustee, a copy of the trust agreement and any amendments to it must be furnished to the insurer by the administrator and be retained as part of the official records of both the administrator and the insurer for the duration of the policy and for 5 years thereafter.
History: En. Sec. 2, Ch. 343, L. 1979; amd. Sec. 11, Ch. 409, L. 1987; amd. Sec. 44, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 6. Administrators › 33-17-603. Certificate of registration

33-17-603. Certificate of registration.
(1) Except as provided in 33-17-604, a person may not act as or represent to the public that the person is an administrator in this state unless the person holds a certificate of registration as an administrator.
(2) An application for a certificate of registration must be accompanied by a fee of $100. The commissioner shall issue the certificate unless the commissioner finds that the applicant is not competent, trustworthy, financially responsible, or of good personal and business reputation or that the applicant has had a previous application for a license denied for cause within 5 years.
(3) A certificate of registration must be renewed each year by the administrator paying a continuation fee of $100 on or before July 1. Upon payment, the certificate continues in force unless suspended, revoked, or otherwise terminated. The commissioner shall deposit the fee with the state treasurer to be credited to the general fund.
(4) A certificate of registration may be suspended or revoked if, after notice and hearing, the commissioner finds that the administrator has violated any of the requirements of this part or that the administrator is not competent, trustworthy, financially responsible, or of good personal and business reputation.
(5) Unless a certification requirement is waived, a person who acts as an administrator without a certificate of registration is subject to a fine of not less than $500 or more than $1,500.
History: En. Sec. 12, Ch. 343, L. 1979; amd. Sec. 45, Ch. 713, L. 1989; amd. Sec. 8, Ch. 798, L. 1991; amd. Sec. 53, Ch. 379, L. 1995; amd. Sec. 148, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 6. Administrators › 33-17-604. Waiver of certification requirements

33-17-604. Waiver of certification requirements.
The commissioner may waive the requirements of 33-17-603 for any person or class of persons. The factors taken into account in granting a waiver include but are not limited to:
(1) whether the person acting as an administrator is primarily in a business other than that of administrator;
(2) whether the financial strength and history of the organization indicates stability in its continuity of doing business;
(3) whether the regular duties being performed as an administrator are such that the covered persons are not likely to be injured by a waiver of the requirements.
History: En. Sec. 13, Ch. 343, L. 1979; amd. Sec. 46, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 6. Administrators › 33-17-605. Repealed

33-17-605. Repealed.
Sec. 19, Ch. 409, L. 1987.
History: En. Sec. 10, Ch. 343, L. 1979.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 6. Administrators › 33-17-611. Maintenance of information

33-17-611. Maintenance of information.
For the duration of the agreement required by 33-17-602 and for 5 years thereafter, each administrator shall maintain at its principal administrative office adequate books and records of all transactions between the administrator, insurers, and insured persons. These books and records must be maintained in accordance with prudent standards of insurance recordkeeping. The commissioner shall have access to these books and records for examination, audit, or inspection. Any trade secrets contained in the books and records, including but not limited to the identity and addresses of policyholders and certificate holders, are confidential, except that the commissioner may use the information in any proceedings instituted against the administrator. The insurer retains the right to continuing access to those books and records of the administrator sufficient to permit the insurer to fulfill all of its contractual obligations to insured persons, subject to any restrictions in the written agreement between the insurer and the administrator.
History: En. Sec. 3, Ch. 343, L. 1979; amd. Sec. 47, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 6. Administrators › 33-17-612. Approval of advertising

33-17-612. Approval of advertising.
An administrator may use only such advertising pertaining to the business underwritten by an insurer as is approved by the insurer in advance of its use.
History: En. Sec. 4, Ch. 343, L. 1979.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 6. Administrators › 33-17-613. Collection of charges and premiums

33-17-613. Collection of charges and premiums.
(1) All insurance charges or premiums collected by an administrator on behalf of or for an insurer and return premiums received from the insurer are held by the administrator in a fiduciary capacity. These funds must be immediately remitted to the person entitled to them or must be deposited promptly in a fiduciary bank account established and maintained by the administrator. If deposited charges or premiums were collected on behalf of or for more than one insurer, the administrator shall require the bank in which the fiduciary account is maintained to keep records clearly recording the deposits in and withdrawals from the account on behalf of or for each insurer. The administrator shall promptly obtain and keep copies of all these records and, upon request of an insurer, shall furnish the insurer with copies of the records pertaining to deposits and withdrawals on behalf of or for the insurer.
(2) The administrator may not pay a claim by withdrawals from the fiduciary account. Withdrawals from the fiduciary account must be made, as provided in the written agreement between the administrator and the insurer, for:
(a) remittance to an insurer entitled to the remittance;
(b) deposit in an account maintained in the name of the insurer;
(c) transfer to and deposit in a claims paying account, with claims to be paid as provided in 33-17-615;
(d) payment to a group policyholder for remittance to the insurer entitled to the payment;
(e) payment to the administrator of its commission, fees, or charges; or
(f) remittance of return premiums to the person entitled to the premium.
History: En. Sec. 5, Ch. 343, L. 1979; amd. Sec. 48, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 6. Administrators › 33-17-614. Treatment of payments

33-17-614. Treatment of payments.
Whenever an insurer utilizes the services of an administrator under the terms of a written contract as required in 33-17-602, the payment to the administrator of any premiums or charges for insurance by or on behalf of the insured is considered to be received by the insurer and the payment of return premiums or claims by the insurer to the administrator is not considered payment to the insured or claimant until the payments are received by the insured or claimant. This section does not limit any right of the insurer against the administrator resulting from the administrator's failure to make payments to the insurer, insureds, or claimants.
History: En. Sec. 6, Ch. 343, L. 1979.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 6. Administrators › 33-17-615. Payment of claims

33-17-615. Payment of claims.
All claims paid by the administrator from funds collected on behalf of the insurer shall be paid only on drafts of and as authorized by such insurer.
History: En. Sec. 7, Ch. 343, L. 1979.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 6. Administrators › 33-17-616. Delivery of documents

33-17-616. Delivery of documents.
Any policies, certificates, booklets, termination notices, or other written communications delivered by the insurer to the administrator for delivery to its policyholders shall be delivered by the administrator promptly after receipt of instructions from the insurer to do so.
History: En. Sec. 8, Ch. 343, L. 1979.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 6. Administrators › 33-17-617. Claim adjustment and settlement

33-17-617. Claim adjustment and settlement.
With respect to any policies where an administrator adjusts or settles claims, the compensation to the administrator with regard to the policies shall in no way be contingent on claim experience. This section does not prevent the compensation of an administrator from being based on premiums or charges collected or number of claims paid or processed.
History: En. Sec. 9, Ch. 343, L. 1979.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 6. Administrators › 33-17-618. Insured persons to be notified of availability of administrator

33-17-618. Insured persons to be notified of availability of administrator.
Whenever the services of an administrator are utilized, the administrator shall provide a written notice, approved by the insurer, to insured individuals, advising them of the identity of and relationship between the administrator, the policyholder, and the insurer. Whenever an administrator collects funds, the administrator shall identify and state, separately in writing, to the person paying to the administrator any charge or premium for insurance coverage the amount of such charge or premium specified by the insurer for the insurance coverage.
History: En. Sec. 11, Ch. 343, L. 1979.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 10. Revocation, Suspension, and Penalties › 33-17-1002. Procedure following suspension or revocation

33-17-1002. Procedure following suspension or revocation.
(1) Upon suspension, revocation, or refusal of a license, the commissioner shall notify the licensee or applicant by mail addressed to the licensee or applicant at the last-known address contained in the records of the commissioner. Notice is effectuated when mailed.
(2) The commissioner may reissue a license that has lapsed if the licensee has paid the lapsed license reinstatement fee pursuant to 33-2-708 and has filed certification of completion of continuing education requirements for the preceding biennium within 1 year of the lapse occurring.
(3) The commissioner may not again issue a license under this code to a person whose license has been revoked until after expiration of 1 year and until the person again qualifies for a license in accordance with this code. If the commissioner revokes a person's license, the commissioner may refuse to issue a license to the person for up to 5 years after the revocation. A person whose license has been revoked twice is not again eligible for any license under this code.
(4) If the license of a business entity is suspended or revoked, a member, officer, or director of the business entity may not be licensed or be designated in a license to exercise the business entity's powers during the period of the suspension or revocation unless the commissioner determines upon substantial evidence that the member, officer, or director was not personally at fault and did not acquiesce in the matter on account of which the license was suspended or revoked.
History: En. Sec. 174, Ch. 286, L. 1959; R.C.M. 1947, 40-3330; amd. Sec. 13, Ch. 409, L. 1987; amd. Sec. 50, Ch. 713, L. 1989; amd. Sec. 21, Ch. 427, L. 2003; amd. Sec. 15, Ch. 271, L. 2009; amd. Sec. 8, Ch. 139, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 10. Revocation, Suspension, and Penalties › 33-17-1003. Repealed

33-17-1003. Repealed.
Sec. 35, Ch. 63, L. 2015.
History: En. Sec. 175, Ch. 286, L. 1959; R.C.M. 1947, 40-3331; amd. Sec. 51, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 10. Revocation, Suspension, and Penalties › 33-17-1004. Acting without license

33-17-1004. Acting without license.
In addition to the requirements and penalties described in 33-17-201 and 33-17-411, a person who, in this state, acts without having authority to do so by virtue of a license issued and in force pursuant to this chapter is subject to the provisions of 33-1-317 and 33-1-318.
History: En. 40-3332 by Sec. 1, Ch. 256, L. 1967; R.C.M. 1947, 40-3332; amd. Sec. 22, Ch. 198, L. 1979; amd. Sec. 7, Ch. 395, L. 1983; amd. Sec. 14, Ch. 409, L. 1987; amd. Sec. 52, Ch. 713, L. 1989; amd. Sec. 6, Ch. 493, L. 2003; amd. Sec. 9, Ch. 139, L. 2015; amd. Sec. 26, Ch. 396, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 10. Revocation, Suspension, and Penalties › 33-17-1005. Restrictions on acting as legal guardian of insured or policyholder

33-17-1005. Restrictions on acting as legal guardian of insured or policyholder.
(1) Except as otherwise approved by the commissioner or court order, an insurance producer may not act as a legal guardian of an insured or policyholder if the insurance producer conducts insurance business with the insured or policyholder when the insurance business includes but is not limited to the solicitation, offer, sale, or replacement of insurance or a contract.
(2) This section does not apply to immediate family members.
History: En. Sec. 1, Ch. 493, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 11. Conduct of Business by Insurance Producers › 33-17-1101. Place of business -- display of license -- records

33-17-1101. Place of business -- display of license -- records.
(1) A resident insurance producer shall maintain a place or places of business in this state accessible to the public. A nonresident insurance producer may maintain a place or places of business in this state. An insurance producer's place or places of business must be a place in which transactions are conducted under the insurance producer's license. The address of the primary place of business must appear on the license. This section does not prohibit the maintenance of a place of business in a licensee's place of residence.
(2) The license or, if the insurance producer has more than one place of business, a copy of the license must be conspicuously displayed in a part of the place of business customarily open to the public.
(3) On request, resident and nonresident insurance producers are required to identify themselves and provide their license number to persons with whom they sell, solicit, or negotiate insurance.
(4) The insurance producer shall keep at a place of business complete records pertaining to transactions under the license for a period of at least 3 years after completion of the respective transactions, except that a title insurance producer, as defined in 33-25-105, shall retain records as provided in 33-25-214 and 33-25-216.
History: En. Sec. 167, Ch. 286, L. 1959; R.C.M. 1947, 40-3323; amd. Sec. 10, Ch. 345, L. 1979; amd. Sec. 20, Ch. 519, L. 1985; amd. Sec. 15, Ch. 409, L. 1987; amd. Sec. 53, Ch. 713, L. 1989; amd. Sec. 1, Ch. 261, L. 1997; amd. Sec. 16, Ch. 169, L. 2013; amd. Sec. 18, Ch. 157, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 11. Conduct of Business by Insurance Producers › 33-17-1102. Reporting and accounting for premiums -- misappropriation

33-17-1102. Reporting and accounting for premiums -- misappropriation.
(1) All insurance premiums or return premiums received by an insurance producer must be held in a separate trust account. The insurance producer shall at all times act in a fiduciary capacity and shall, in the applicable regular course of business, account for and pay the insurance premiums or return premiums the insurance producer receives to the insured, insurer, or insurance producer entitled to them. Except for a title insurance producer as defined in 33-25-105, an insurance producer may deposit and commingle in the same separate deposit all funds belonging to others so long as the amount of the deposit held for each respective person is reasonably ascertainable from the records and accounts of the licensee.
(2) Any insurance producer not lawfully entitled to the funds may not divert or appropriate the funds or any portion of the funds to the insurance producer's own use.
History: En. Sec. 168, Ch. 286, L. 1959; amd. Sec. 51, Ch. 359, L. 1977; R.C.M. 1947, 40-3324; amd. Sec. 21, Ch. 519, L. 1985; amd. Sec. 16, Ch. 409, L. 1987; amd. Sec. 54, Ch. 713, L. 1989; amd. Sec. 22, Ch. 380, L. 2003; amd. Sec. 27, Ch. 396, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 11. Conduct of Business by Insurance Producers › 33-17-1103. Accepting and paying commissions, fees, or consideration

33-17-1103. Accepting and paying commissions, fees, or consideration.
(1) An insurer or insurance producer may not pay, directly or indirectly, a commission, service fee, brokerage fee, or other valuable consideration to a person for services as an insurance producer unless the person performing the service holds a valid license with regard to the kind or kinds of insurance for which the service was rendered at the time the service was performed. A person not properly licensed in accordance with this chapter at the time the person performs the service as an insurance producer may not accept a commission, service fee, brokerage fee, or other valuable consideration for the service. This section does not prevent payment or receipt of renewal or other deferred commissions to or by a person entitled to receive the payment under this section.
(2) An insurance producer may not directly or indirectly share the insurance producer's commissions or other compensation received or to be received by the insurance producer on account of a transaction under the insurance producer's license with any person not also licensed under this chapter as to the same kind or kinds of insurance involved in the transactions. This provision does not affect payment of the regular salaries due to employees of the licensee, the distribution in regular course of business of compensation and profits among members or stockholders if the licensee is a business entity, or use of funds for family or personal purposes.
(3) Surplus lines producers may share commissions with a property and casualty insurance producer pursuant to 33-2-306.
History: En. Sec. 169, Ch. 286, L. 1959; R.C.M. 1947, 40-3325; amd. Sec. 11, Ch. 345, L. 1979; amd. Sec. 17, Ch. 409, L. 1987; amd. Sec. 55, Ch. 713, L. 1989; amd. Sec. 46, Ch. 227, L. 2001; amd. Sec. 8, Ch. 399, L. 2007; amd. Sec. 16, Ch. 271, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 11. Conduct of Business by Insurance Producers › 33-17-1104. Repealed

33-17-1104. Repealed.
Sec. 68, Ch. 713, L. 1989.
History: En. Sec. 170, Ch. 286, L. 1959; R.C.M. 1947, 40-3326; amd. Sec. 18, Ch. 409, L. 1987.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 11. Conduct of Business by Insurance Producers › 33-17-1107. Repealed

33-17-1107. Repealed.
Sec. 73, Ch. 227, L. 2001.
History: En. Sec. 1, Ch. 699, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 11. Conduct of Business by Insurance Producers › 33-17-1111. Repealed

33-17-1111. Repealed.
Sec. 73, Ch. 227, L. 2001.
History: En. Sec. 67, Ch. 286, L. 1959; amd. Sec. 1, Ch. 72, L. 1963; R.C.M. 1947, 40-2822; amd. Sec. 12, Ch. 345, L. 1979; amd. Sec. 2, Ch. 395, L. 1983; amd. Sec. 56, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 11. Conduct of Business by Insurance Producers › 33-17-1112. Repealed

33-17-1112. Repealed.
Sec. 73, Ch. 227, L. 2001.
History: En. Sec. 68, Ch. 286, L. 1959; R.C.M. 1947, 40-2823; amd. Sec. 57, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 11. Conduct of Business by Insurance Producers › 33-17-1113. Repealed

33-17-1113. Repealed.
Sec. 73, Ch. 227, L. 2001.
History: En. Sec. 69, Ch. 286, L. 1959; R.C.M. 1947, 40-2824; amd. Sec. 58, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 17. Insurance Producers, Adjusters, Consultants, and Administrators › Part 11. Conduct of Business by Insurance Producers › 33-17-1114. Repealed

33-17-1114. Repealed.
Sec. 73, Ch. 227, L. 2001.
History: En. Sec. 70, Ch. 286, L. 1959; R.C.M. 1947, 40-2825; amd. Sec. 59, Ch. 713, L. 1989.
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 › 33-17-1201. Short title

33-17-1201. Short title.
This part may be cited as the "Insurance Producer, Adjuster, and Consultant Continuing Education Act".
History: En. Sec. 1, Ch. 622, L. 1993; amd. Sec. 1, Ch. 38, L. 2005.
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 › 33-17-1202. Purpose

33-17-1202. Purpose.
The purposes of this part are to:
(1) protect insurance consumers and dedicated insurance producers, adjusters, public adjusters, and consultants by requiring continuing education for insurance producers, adjusters, public adjusters, and consultants;
(2) better educate insurance producers, adjusters, public adjusters, and consultants about changes in insurance law, products, ethical conduct as an insurance producer, adjuster, or consultant, marketing, and management; and
(3) provide standards for the qualification of instructors, courses, and materials.
History: En. Sec. 2, Ch. 622, L. 1993; amd. Sec. 2, Ch. 38, L. 2005; amd. Sec. 10, 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 › 33-17-1203. Continuing education -- basic requirements -- exceptions

33-17-1203. Continuing education -- basic requirements -- exceptions.
(1) Unless exempt under subsection (3):
(a) an individual licensed to act as an insurance producer, adjuster, public adjuster, or consultant other than an individual licensed only for surety bail bonds or for limited lines credit insurance shall, during each 24-month period, complete at least 24 credit hours of approved continuing education, including at least 3 hours of ethics credits and at least 1 credit hour on changes in Montana insurance statutes and administrative rules;
(b) an individual licensed to act as an insurance producer only for surety bail bonds, prepaid legal insurance, or limited lines credit insurance shall, during each biennium, complete 5 credit hours of approved continuing education, including at least 1 credit hour on changes in Montana insurance statutes and administrative rules and the remaining credit hours in the areas of insurance law, ethics, or topics specific to surety bail bonds, prepaid legal insurance, or limited lines credit insurance.
(2) The commissioner may, for good cause, grant an extension of time, not to exceed 1 year, during which the requirements imposed by subsection (1) may be completed.
(3) The minimum continuing education requirements do not apply to:
(a) an individual holding a temporary license issued under 33-17-216; or
(b) an insurance producer, adjuster, public adjuster, or consultant otherwise exempted by the commissioner.
History: En. Sec. 3, Ch. 622, L. 1993; amd. Sec. 2, Ch. 98, L. 1995; amd. Sec. 1, Ch. 456, L. 1997; amd. Sec. 27, Ch. 531, L. 1997; amd. Sec. 35, Ch. 472, L. 1999; amd. Sec. 37, Ch. 7, L. 2001; amd. Sec. 7, Ch. 106, L. 2001; amd. Sec. 22, Ch. 427, L. 2003; amd. Sec. 3, Ch. 38, L. 2005; amd. Sec. 18, Ch. 469, L. 2005; amd. Sec. 8, Ch. 313, L. 2009; amd. Sec. 1, Ch. 398, L. 2009; amd. Sec. 2, Ch. 324, L. 2013; amd. Sec. 11, 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 › 33-17-1204. Review and approval of continuing education courses by commissioner

33-17-1204. Review and approval of continuing education courses by commissioner.
(1) The commissioner shall approve only those continuing education courses, lectures, seminars, and instructional programs that the commissioner determines would improve the product knowledge, management, ethics, or marketing capability of the licensee. Course content, instructors, material, instructional format, and the sponsoring organization must be approved and periodically reviewed by the commissioner. The fee for approval of a course, lecture, seminar, or instructional program is listed in 33-2-708(2). The commissioner shall also determine the number of credit hours to be awarded for completion of an approved continuing education activity.
(2) The commissioner may enter into a contract with a person to review and recommend for approval continuing education courses, lectures, seminars, and instructional programs that the commissioner determines would improve the product knowledge, management, ethics, or marketing capability of the licensee.
(3) In conducting periodic review of course content, instructors, material, instructional format, or a sponsoring organization, the commissioner may exercise any investigative power of the commissioner provided for in 33-1-311 or 33-1-315.
(4) If after review or investigation the commissioner determines an approved continuing education activity is not being operated in compliance with the standards established under this section, the commissioner may revoke approval, place the activity under probationary approval, or issue a cease and desist order under 33-1-318.
History: En. Sec. 4, Ch. 622, L. 1993; amd. Sec. 16, Ch. 316, L. 1999; amd. Sec. 47, Ch. 227, L. 2001; amd. Sec. 23, Ch. 380, L. 2003; amd. Sec. 4, Ch. 38, L. 2005; amd. Sec. 17, Ch. 271, L. 2009; amd. Sec. 1, Ch. 7, L. 2023.