reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 2. Rates and Rating Plans › 33-16-206. Hearings -- notice -- subject of hearing

33-16-206. Hearings -- notice -- subject of hearing.
(1) If the commissioner has good cause to believe the noncompliance to be willful or if within the period prescribed by the commissioner in the notice required by 33-16-205 the insurer, organization, group, or association does not make changes that may be necessary to correct the noncompliance specified by the commissioner or establish to the satisfaction of the commissioner that the specified noncompliance does not exist, then the commissioner may hold a public hearing in connection with the noncompliance, provided that within a reasonable period of time, which may not be less than 10 days before the date of hearing, the commissioner mails written notice specifying the matters to be considered at the hearing to the insurer, organization, group, or association. If notice has not been given as provided in 33-16-205, the notice must state in what manner and to what extent noncompliance is alleged to exist.
(2) The hearing may not include any additional subjects not specified in the notices required by 33-16-205 or this section.
History: En. Sec. 28, Ch. 362, L. 1969; R.C.M. 1947, 40-3661; amd. Sec. 1199, 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 › 33-16-211. Order prohibiting use of rate or rating system

33-16-211. Order prohibiting use of rate or rating system.
If, after a hearing pursuant to 33-16-206, the commissioner finds that any rate, rating plan, or rating system violates the provisions of this chapter applicable to it, the commissioner may issue an order to the insurer or rating organization that has been the subject of the hearing, specifying in what respects the violation exists and stating when, within a reasonable period of time, the further use of the rate or rating system by the insurer or rating organization in contracts of insurance made after that time is prohibited.
History: En. Sec. 29, Ch. 362, L. 1969; R.C.M. 1947, 40-3662(part); amd. Sec. 1200, 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 › 33-16-221. Short title

33-16-221. Short title.
Sections 33-16-221 through 33-16-225 may be cited as the "Mature Defensive Driving Act".
History: En. Sec. 1, Ch. 49, L. 1987.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 2. Rates and Rating Plans › 33-16-222. Requirement for rate reduction

33-16-222. Requirement for rate reduction.
(1) Any rates, rating schedules, or rating manuals for liability, bodily injury, or collision coverages of a motor vehicle insurance policy filed with the insurance department must provide for an appropriate premium reduction as determined by the insurer for an insured operator of a covered vehicle who is 55 years of age or older and who has successfully completed a highway traffic safety program as provided by 61-2-102 and 61-2-103.
(2) In addition to providing a premium reduction, an insurer may reimburse the fee for participating in the highway traffic safety program.
(3) The premium reduction used by the insurer is presumed appropriate unless credible data demonstrates otherwise.
History: En. Sec. 2, Ch. 49, L. 1987; amd. Sec. 11, Ch. 469, 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 › 33-16-223. Effective period of reduction

33-16-223. Effective period of reduction.
(1) The premium reduction required by 33-16-222 is effective for an insured for a 3-year period after successful completion of the approved course. Each person shall take an approved course every 3 years in order to continue to be eligible for the reduction in premium required by 33-16-222.
(2) An insurer may require, as a condition of maintaining the discount, any or all of the following:
(a) that the insured not be involved in an accident in which the insured is at fault;
(b) that the insured not be convicted of or plead guilty or nolo contendere to a moving traffic violation; or
(c) that the insured not have forfeited bail or collateral for a moving traffic violation.
History: En. Secs. 3, 6, Ch. 49, L. 1987; amd. Sec. 1201, Ch. 56, L. 2009; amd. Sec. 1, Ch. 111, L. 2019.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 2. Rates and Rating Plans › 33-16-224. Certificate

33-16-224. Certificate.
The organization offering the approved course shall issue a certificate to each person who successfully completes the course that qualifies the person for the premium discount required by 33-16-222.
History: En. Sec. 4, Ch. 49, L. 1987; amd. Sec. 1202, 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 › 33-16-225. When discount not applicable

33-16-225. When discount not applicable.
The provisions of 33-16-222 do not apply if the approved course is taken as punishment specified by a court or other governmental entity for a moving traffic violation.
History: En. Sec. 5, Ch. 49, L. 1987.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 2. Rates and Rating Plans › 33-16-230. Rate reduction for military defensive drivers -- effective period -- exclusions

33-16-230. Rate reduction for military defensive drivers -- effective period -- exclusions.
(1) (a) Any rates, rating schedules, or rating manuals for liability, bodily injury, or collision coverages of a motor vehicle insurance policy filed with the insurance department must provide for an appropriate premium reduction as determined by the insurer for a member of the Montana national guard who is an insured operator of a covered nonmilitary vehicle and who has successfully completed a defensive driving course referred to in 61-2-102(2).
(b) Any discount used by the insurer is presumed appropriate unless credible data demonstrates otherwise.
(2) The premium reduction required under subsection (1)(a) is effective for an insured for 3 years after successful completion of the approved course. Each person shall successfully complete a defensive driving course referred to in 61-2-102(2) every 3 years to remain eligible for the reduction provided in subsection (1)(a).
(3) Subsection (1)(a) does not apply if the approved course is taken as punishment specified by a court or other governmental entity for a moving traffic violation.
(4) An insurer may deny the discount under subsection (1)(a) if within 3 years prior to the insured's application for the rate reduction or during the period for which the rate reduction is provided:
(a) the insured was convicted of or plead guilty or nolo contendere to a moving traffic violation;
(b) the insured has forfeited bail or collateral for a moving traffic violation; or
(c) the insured was convicted by a court or found at fault in a motor vehicle accident.
History: En. Sec. 1, Ch. 576, L. 2005; amd. Sec. 2, Ch. 111, L. 2019.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 2. Rates and Rating Plans › 33-16-231. Repealed

33-16-231. Repealed.
Sec. 1, Ch. 79, L. 1995.
History: En. Sec. 2, Ch. 400, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 2. Rates and Rating Plans › 33-16-232. Repealed

33-16-232. Repealed.
Sec. 1, Ch. 79, L. 1995.
History: En. Sec. 3, Ch. 400, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 2. Rates and Rating Plans › 33-16-233. Repealed

33-16-233. Repealed.
Sec. 1, Ch. 79, L. 1995.
History: En. Sec. 4, Ch. 400, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 2. Rates and Rating Plans › 33-16-234. Repealed

33-16-234. Repealed.
Sec. 1, Ch. 79, L. 1995.
History: En. Sec. 5, Ch. 400, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 2. Rates and Rating Plans › 33-16-235. Repealed

33-16-235. Repealed.
Sec. 1, Ch. 79, L. 1995.
History: En. Sec. 6, Ch. 400, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 2. Rates and Rating Plans › 33-16-236. Repealed

33-16-236. Repealed.
Sec. 1, Ch. 79, L. 1995.
History: En. Sec. 7, Ch. 400, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 3. Insurers Acting in Concert › 33-16-301. Insurers authorized to act in concert

33-16-301. Insurers authorized to act in concert.
Subject to and in compliance with the provisions of this chapter authorizing insurers to be members or subscribers of rating or advisory organizations or to engage in joint underwriting or joint reinsurance, two or more insurers may act in concert with each other and with others with respect to any matters pertaining to the making of rates or rating systems, the preparation or making of insurance policy or bond forms, underwriting rules, surveys, inspections and investigations, the furnishing of loss or expense statistics or other information and data, or carrying on of research.
History: En. Sec. 8, Ch. 362, L. 1969; R.C.M. 1947, 40-3641.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 3. Insurers Acting in Concert › 33-16-302. Insurers with common ownership or cosureties on bond -- acting in concert

33-16-302. Insurers with common ownership or cosureties on bond -- acting in concert.
With respect to any matters pertaining to the making of rates or rating systems, the preparation or making of insurance policy or bond forms, underwriting rules, surveys, inspections and investigations, the furnishing of loss or expense statistics or other information and data, or carrying on of research, two or more admitted insurers having a common ownership or operating in this state under common management or control are hereby authorized to act in concert between or among themselves the same as if they constituted a single insurer, and to the extent that such matters relate to cosurety bonds, two or more admitted insurers executing such bonds are hereby authorized to act in concert between or among themselves the same as if they constituted a single insurer.
History: En. Sec. 9, Ch. 362, L. 1969; R.C.M. 1947, 40-3642.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 3. Insurers Acting in Concert › 33-16-303. Use of rates, rating systems, underwriting rules, and policy or bond forms of rating or advisory organizations -- agreements to adhere to

33-16-303. Use of rates, rating systems, underwriting rules, and policy or bond forms of rating or advisory organizations -- agreements to adhere to.
(1) Members and subscribers of rating or advisory organizations may use the rates, rating systems, underwriting rules, or policy or bond forms of those organizations, either consistently or intermittently, but, except as provided in 33-16-105, 33-16-302, 33-16-305, 33-16-307, 33-16-1008, 33-16-1020 through 33-16-1023, and 33-16-1025 through 33-16-1036, may not agree with each other or rating organizations or others to adhere to the organizations' rates, systems, rules, or policy or bond forms.
(2) The fact that two or more admitted insurers, whether or not members or subscribers of a rating or advisory organization, use, either consistently or intermittently, the rates or rating systems made or adopted by a rating organization or the underwriting rules or policy or bond forms prepared by a rating or advisory organization is not sufficient in itself to support a finding that an agreement prohibited under subsection (1) exists and may be used only for the purpose of supplementing or explaining direct evidence of the existence of any agreement.
History: En. Sec. 10, Ch. 362, L. 1969; amd. Sec. 2, Ch. 558, L. 1977; R.C.M. 1947, 40-3643; amd. Sec. 19, Ch. 186, L. 1995; amd. Sec. 7, Ch. 320, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 3. Insurers Acting in Concert › 33-16-304. Exchange of information or experience data -- consultation with rating organizations and insurers

33-16-304. Exchange of information or experience data -- consultation with rating organizations and insurers.
Licensed rating organizations and admitted insurers are authorized to exchange information and experience data with rating organizations and insurers in this and other states and may consult with them with respect to ratemaking and the application of rating systems.
History: En. Sec. 11, Ch. 362, L. 1969; R.C.M. 1947, 40-3644.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 3. Insurers Acting in Concert › 33-16-305. Agreements for apportionment of casualty insurance -- approval of commissioner -- review of practices of adherents -- revocation of approval

33-16-305. Agreements for apportionment of casualty insurance -- approval of commissioner -- review of practices of adherents -- revocation of approval.
(1) Agreements may be made among admitted insurers with respect to the equitable apportionment among them of casualty insurance that may be afforded applicants who are in good faith entitled to but who are unable to procure the insurance through ordinary methods and with respect to the use of reasonable rate modifications for the insurance. The agreements are subject to the approval of the commissioner.
(2) All agreements must be submitted in writing to the commissioner for consideration and approval, together with information that the commissioner may reasonably require. The commissioner shall approve only agreements that are found to contemplate:
(a) the use of rates that meet the standards prescribed by this chapter; and
(b) activities and practices that are not unfair, unreasonable, or otherwise inconsistent with the provisions of this chapter.
(3) At any time after the agreements are in effect, the commissioner may review the practices and activities of the parties to the agreements and if, after a hearing upon not less than 10 days' notice to the parties, the commissioner finds that any practice or activity is unfair or unreasonable or is otherwise inconsistent with the provisions of this chapter, the commissioner may issue a written order to the parties to any agreement, specifying in what respects the act or practice is unfair or unreasonable or otherwise inconsistent with the provisions of this chapter and requiring the discontinuance of the activity or practice. For good cause and after hearing upon not less than 10 days' notice to the parties, the commissioner may revoke approval of any agreement referred to in this section.
History: En. Sec. 12, Ch. 362, L. 1969; R.C.M. 1947, 40-3645; amd. Sec. 1203, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 3. Insurers Acting in Concert › 33-16-306. Joint underwriters and reinsurers -- compliance

33-16-306. Joint underwriters and reinsurers -- compliance.
Upon compliance with the provisions of this chapter applicable thereto, any rating organization, advisory organization, and any group, association, or other organization of admitted insurers which engages in joint underwriting or joint reinsurance through such organization or by standing agreement among the members thereof may conduct operations in this state. As respects insurance risks or operations in this state, no insurer shall be a member or subscriber of any such organization, group, or association that has not complied with the provisions of this chapter applicable to it.
History: En. Sec. 13, Ch. 362, L. 1969; R.C.M. 1947, 40-3646.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 3. Insurers Acting in Concert › 33-16-307. Joint underwriting and joint reinsurance -- application -- restrictions on operations

33-16-307. Joint underwriting and joint reinsurance -- application -- restrictions on operations.
(1) Every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance through such group, association, or organization or by standing agreement among the members thereof, shall file with the commissioner:
(a) a copy of its constitution, its articles of incorporation, agreement, or association, and of its bylaws and rules governing its activities, all duly certified by the custodian of the originals thereof;
(b) a list of its members; and
(c) the name and address of a resident of this state upon whom notices or orders of the commissioner or process may be served.
(2) Every such group, association, or other organization shall notify the commissioner promptly of every change in its constitution, its articles of incorporation, agreement, or association, and its bylaws and rules governing the conduct of its business; its list of members; and the name and address of the resident of this state designated by it upon whom notices or orders of the commissioner or process affecting such group, association, or organization may be served.
(3) No such group, association, or organization shall engage in any unfair or unreasonable practice with respect to such activities.
History: En. Sec. 20, Ch. 362, L. 1969; R.C.M. 1947, 40-3653.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 3. Insurers Acting in Concert › 33-16-308. Advisory organizations -- application -- requisites -- restrictions on operations

33-16-308. Advisory organizations -- application -- requisites -- restrictions on operations.
(1) No advisory organization shall conduct its operations in this state unless and until it has filed with the commissioner:
(a) a copy of its constitution, articles of incorporation, agreement, or association, and of its bylaws or rules governing its activities, all duly certified by the custodian of the originals thereof;
(b) a list of its members and subscribers; and
(c) the name and address of a resident of this state upon whom notices or orders of the commissioner or process may be served.
(2) Every such advisory organization shall notify the commissioner promptly of every change in its constitution, its articles of incorporation, agreement, or association, and of its bylaws and rules governing the conduct of its business; its list of members and subscribers; and the name and address of the resident of this state designated by it upon whom notices or orders of the commissioner or process affecting such organization may be served.
(3) No such advisory organization shall engage in any unfair or unreasonable practice with respect to such activities.
History: En. Sec. 19, Ch. 362, L. 1969; R.C.M. 1947, 40-3652.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 4. Rating Organizations › 33-16-401. Rating organizations -- compliance -- application

33-16-401. Rating organizations -- compliance -- application.
(1) No rating organization shall conduct its operations in this state without first filing with the commissioner a written application for and securing a license to act as a rating organization. Any rating organization may make application for and obtain a license as a rating organization if it shall meet the requirements for license set forth in this chapter.
(2) Every such rating organization shall file with its application:
(a) a copy of its constitution, its articles of incorporation, agreement, or association, and of its bylaws and rules governing the conduct of its business, all duly certified by the custodian or the originals thereof;
(b) a list of its members and subscribers;
(c) the name and address of a resident of this state upon whom notices or orders of the commissioner or process affecting such rating organization may be served; and
(d) a statement of its qualifications as a rating organization.
History: En. Sec. 14, Ch. 362, L. 1969; R.C.M. 1947, 40-3647.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 4. Rating Organizations › 33-16-402. Evidence prerequisite to license

33-16-402. Evidence prerequisite to license.
To obtain and retain a license, a rating organization shall provide satisfactory evidence to the commissioner that it will:
(1) permit any admitted insurer to become a member of or a subscriber to such rating organization at a reasonable cost and without discrimination or withdraw therefrom;
(2) neither have nor adopt any rule or exact any agreement, the effect of which would be to require any member or subscriber, as a condition to membership or subscribership, to adhere to its rates, rating plans, rating systems, underwriting rules, or policy or bond forms;
(3) neither adopt any rule nor exact any agreement, the effect of which would be to prohibit or regulate the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers;
(4) neither practice nor sanction any plan or act of boycott, coercion, or intimidation;
(5) neither enter into nor sanction any contract or act by which any person is restrained from lawfully engaging in the insurance business;
(6) notify the commissioner promptly of every change in its constitution, its articles of incorporation, agreement, or association, and of its bylaws and rules governing the conduct of its business; its list of members and subscribers; and the name and address of the resident of this state designated by it upon whom notices or orders of the commissioner or process affecting such organization may be served;
(7) comply with the provisions of 33-16-105 and 33-16-203.
History: En. Sec. 15, Ch. 362, L. 1969; R.C.M. 1947, 40-3648.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 4. Rating Organizations › 33-16-403. Examination of application and investigation of applicant -- issuance of license -- fee

33-16-403. Examination of application and investigation of applicant -- issuance of license -- fee.
(1) The commissioner shall examine each application for a license to act as a rating or advisory organization pursuant to this part or a workers' compensation advisory organization pursuant to part 10 and the documents filed with the application and may make a further investigation of the applicant, its affairs, and its proposed plan of business as the commissioner considers appropriate.
(2) The commissioner shall issue the license applied for within 60 days of its filing if, from the examination and investigation, the commissioner is satisfied that:
(a) the business reputation of the applicant and its officers is good;
(b) the facilities of the applicant are adequate to enable it to furnish the services it proposes to furnish; and
(c) the applicant and its proposed plan of operation conform to the requirements of this chapter.
(3) Otherwise, but only after a hearing upon notice, the commissioner shall, in writing, deny the application and notify the applicant of the decision and the reasons for the denial.
(4) The commissioner may grant an application in part only and issue a license to act as a rating, advisory, or workers' compensation advisory organization for one or more of the classes of insurance or subdivisions of the classes of insurance or class of risk, or a part or combination of a class of risk as are specified in the application, if the applicant qualifies for only a portion of the classes applied for.
(5) (a) Except as provided in subsection (5)(b), licenses issued pursuant to this section remain in effect until revoked as provided in this chapter. The fee for the license is $100 annually and must be deposited in the state special revenue fund to the credit of the state auditor's office.
(b) Each workers' compensation advisory organization is required to renew its license annually.
History: En. Sec. 16, Ch. 362, L. 1969; amd. Sec. 1, Ch. 206, L. 1973; R.C.M. 1947, 40-3649; amd. Sec. 20, Ch. 186, L. 1995; amd. Sec. 43, Ch. 227, L. 2001; amd. Sec. 19, Ch. 380, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 4. Rating Organizations › 33-16-404. Rules governing eligibility for membership

33-16-404. Rules governing eligibility for membership.
Subject to the approval of the commissioner, licensed rating organizations may make reasonable rules governing eligibility for membership.
History: En. Sec. 17, Ch. 362, L. 1969; R.C.M. 1947, 40-3650.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 4. Rating Organizations › 33-16-405. Insurers with common ownership or management

33-16-405. Insurers with common ownership or management.
If two or more insurers having a common ownership or operating in this state under common management are admitted for the classes or types of insurance for which a rating organization is licensed to make rates, the rating organization may require as a condition to membership or subscribership of one or more that all such insurers shall become members or subscribers.
History: En. Sec. 18, Ch. 362, L. 1969; R.C.M. 1947, 40-3651.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1001. Declaration of policy and purpose

33-16-1001. Declaration of policy and purpose.
(1) It is declared that the public welfare is served by the making of advisory premium rates for workers' compensation insurance coverage in concert.
(2) It is the purpose of this part to:
(a) authorize such ratemaking in concert and the operating of rating organizations thereto; and
(b) establish the general bases and standards for the making of such rates.
History: En. Sec. 1, Ch. 329, L. 1969; amd. Sec. 3, Ch. 558, L. 1977; R.C.M. 1947, 40-5601.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1002. Applicability of part

33-16-1002. Applicability of part.
This part, together and in conjunction with parts 1 through 4 of this chapter, applies to the making of premium rates for workers' compensation insurance issued under compensation plan No. 2 and plan No. 3 of the Workers' Compensation Act, Title 39, chapter 71, part 22 and part 23, respectively, or related employer's liability insurance, but does not apply to reinsurance.
History: En. Sec. 2, Ch. 329, L. 1969; amd. Sec. 4, Ch. 558, L. 1977; R.C.M. 1947, 40-5602; amd. Sec. 21, Ch. 186, L. 1995; amd. Sec. 8, Ch. 320, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1003. Certain reciprocal insurers excluded

33-16-1003. Certain reciprocal insurers excluded.
This part shall not apply as to any reciprocal insurer transacting workers' compensation insurance only and insuring solely the hazards or perils of its subscribers exclusively associated with a single industry.
History: En. Sec. 3, Ch. 329, L. 1969; R.C.M. 1947, 40-5603.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1004. Repealed

33-16-1004. Repealed.
Sec. 29, Ch. 186, L. 1995.
History: En. Secs. 4, 5, 6, Ch. 329, L. 1969; R.C.M. 1947, 40-5604, 40-5605, 40-5606; amd. Sec. 1, Ch. 480, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1005. Repealed

33-16-1005. Repealed.
Sec. 29, Ch. 186, L. 1995.
History: En. Sec. 16, Ch. 329, L. 1969; amd. Sec. 5, Ch. 558, L. 1977; R.C.M. 1947, 40-5616; amd. Sec. 3, Ch. 232, L. 1987; amd. Sec. 53, Ch. 613, L. 1989; amd. Sec. 14, Ch. 630, L. 1993.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1006. Repealed

33-16-1006. Repealed.
Sec. 5, Ch. 114, L. 1981.
History: En. Sec. 17, Ch. 329, L. 1969; R.C.M. 1947, 40-5617.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1011. Classification review committee -- membership -- term

33-16-1011. Classification review committee -- membership -- term.
(1) There is a classification review committee.
(2) The committee is composed of five voting members, consisting of:
(a) two representatives of private insurance carriers writing workers' compensation insurance in Montana. The members must be appointed by the Montana commissioner of insurance.
(b) one licensed independent insurance producer who resides in Montana, appointed by the commissioner of insurance;
(c) one representative of the state compensation insurance fund who is an employee of the state fund and who is appointed by the executive director of the state fund; and
(d) one representative of an employer who is insured by either a private insurance carrier or the state compensation insurance fund, appointed by the commissioner of insurance.
(3) Each member shall hold office for a period of 3 years. An appointee who fills the vacancy of a member whose term has not expired shall fill only the remaining term and may be reappointed for a full term.
(4) Before appointments are to be made by the commissioner of insurance under subsections (2)(a), (2)(b), and (2)(d), established private organizations representing insurance carriers, independent insurance producers, and employers may submit names of individuals they recommend for appointments. The commissioner of insurance shall consider the names submitted before appointments are made. However, the commissioner of insurance is not required to appoint any person from the names submitted.
(5) The committee must be staffed by the advisory organization designated under 33-16-1023 and be funded by the advisory organization. Committee members may, if they request, be paid their actual and necessary travel expenses.
(6) Documents and other information concerning the committee's actions must be made available for public review in the office of the commissioner of insurance.
History: En. Sec. 18, Ch. 329, L. 1969; amd. Sec. 6, Ch. 558, L. 1977; R.C.M. 1947, 40-5618; amd. Sec. 1, Ch. 114, L. 1981; MCA 1979, 33-16-1007; redes. 33-16-1011 by Code Commissioner, 1981; amd. Sec. 54, Ch. 613, L. 1989; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 1, Ch. 528, L. 1993; amd. Sec. 14, Ch. 630, L. 1993; amd. Sec. 22, Ch. 186, L. 1995; amd. Sec. 2, Ch. 290, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1020. Competitive market -- hearing

33-16-1020. Competitive market -- hearing.
(1) A competitive market is presumed to exist unless the commissioner, after hearing, issues an order stating that a reasonable degree of competition does not exist in the market. The order may not expire later than 1 year after issuance.
(2) In determining whether a reasonable degree of competition exists, the commissioner shall consider the following factors:
(a) the number of insurers actively engaged in providing coverage;
(b) market shares and changes in market shares;
(c) ease of entry into the market;
(d) market concentration among plan No. 2 insurers as measured by the Herfindahl-Hirschman index;
(e) whether long-term profitability for insurers in the market is unreasonably high in relation to the risks being insured;
(f) whether long-term profitability for insurers in the market is reasonable in relation to industries of comparable business risks; and
(g) generally accepted and relevant tests relating to competitive market structure, market performance, and market conduct.
(3) The workers' compensation insurance market may not be determined to be noncompetitive if the market concentration of the 50 largest insurers writing workers' compensation insurance under plan No. 2 satisfied the U.S. department of justice merger guidelines for an unconcentrated market.
(4) The commissioner's determinations must be made on the basis of findings of fact and conclusions of law.
History: En. Sec. 2, Ch. 186, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1021. Ratemaking standards -- review by commissioner

33-16-1021. Ratemaking standards -- review by commissioner.
(1) Rates may not be excessive, inadequate, or unfairly discriminatory.
(2) (a) Except as provided in subsection (2)(b), rates in a competitive market are not excessive. Rates in a noncompetitive market are excessive if they are likely to produce a long-run profit that is unreasonably high in relation to services rendered.
(b) Rates for the state fund may not be determined to be excessive unless the rate clearly is likely to produce an excess of assets over what is reasonably necessary to pay developed losses, contingencies, expenses, and a reasonable level of surplus.
(3) A rate may not be determined to be inadequate unless:
(a) the rate is clearly insufficient to sustain projected losses and expenses;
(b) the rate is unreasonably low and the use of the rate by the insurer has had or, if continued, will tend to create a monopoly in the market; or
(c) funds equal to the full, ultimate cost of anticipated losses and loss adjustment expenses are not produced when prospective loss costs are applied to anticipated payrolls.
(4) Unfair discrimination exists if, after allowing for practical limitations, price differentials fail to reflect equitably the differences in expected losses and expenses. A rate is not unfairly discriminatory because different premiums result for policyholders with different loss exposures or expense levels.
(5) In determining whether rates comply with standards under subsection (1), consideration must be given to:
(a) past and prospective loss experience within and outside Montana, in accordance with accepted actuarial principles;
(b) catastrophe hazards and contingencies;
(c) past and prospective expenses within and outside Montana;
(d) loadings for leveling premium rates over time for dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers;
(e) a reasonable margin for underwriting profit; and
(f) all other relevant factors within and outside Montana.
(6) The systems of expense provisions included in the rates for use by an insurer or group of insurers may differ from those of any other insurer or group of insurers to reflect the requirements of the operating methods of the insurer or group of insurers.
(7) The rate may contain provisions of contingencies and an allowance permitting a reasonable profit. In determining the reasonableness of a profit, consideration must be given to all investment income attributable to premiums and the reserves associated with those premiums.
(8) The commissioner may investigate and determine whether rates in Montana are excessive, inadequate, or unfairly discriminatory. In any investigation and determination, the commissioner shall also consider the factors specified in 33-16-1020.
History: En. Sec. 3, Ch. 186, L. 1995; amd. Sec. 29, Ch. 472, L. 1999; amd. Sec. 10, Ch. 320, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1022. Dividends -- regulation or prohibition

33-16-1022. Dividends -- regulation or prohibition.
(1) An advisory organization may not adopt a rule that would regulate or prohibit the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers.
(2) A plan for the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers is not a rating plan or system. A plan for the payment of dividends, savings, or unabsorbed premium deposits does not relieve an insurer from complying with any requirement of this chapter regarding rating plans or systems.
(3) It is an unfair trade practice under 33-18-1003 to make the payment of a dividend or any portion of it conditioned upon renewal of the policy or contract.
History: En. Sec. 4, Ch. 186, L. 1995; amd. Sec. 30, Ch. 472, L. 1999.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1023. Membership in advisory organization

33-16-1023. Membership in advisory organization.
(1) The commissioner shall designate one workers' compensation advisory organization to assist the commissioner in gathering, compiling, and reporting relevant statistical information. Each workers' compensation insurer shall record and report its workers' compensation experience to the designated advisory organization as set forth in the uniform statistical plan approved by the commissioner.
(2) Each workers' compensation insurer must be a member or subscriber of the designated workers' compensation advisory organization. Each workers' compensation insurer may adhere to the policy forms filed by the advisory organization.
(3) Each workers' compensation insurer shall adhere to a uniform classification system and uniform experience rating plan that has been filed by the designated advisory organization with the commissioner and approved by the commissioner.
(4) Each workers' compensation insurer shall use the forms and adhere to the rules that the designated advisory organization shall develop and file with the commissioner. The forms and rules must be reasonably related to the recording and reporting of data pursuant to the uniform statistical plan, the uniform experience rating plan, and the uniform classification system.
(5) The methodology of the experience rating plan required under subsection (3) must be based on:
(a) reasonable eligibility standards;
(b) incentives for loss prevention; and
(c) a premium differential to encourage safety.
(6) The designated advisory organization or an insurer may file rating plans with the commissioner that provide for prospective or retrospective premium adjustment based on an insured's expected or actual loss experience, including but not limited to scheduled rating adjustments, retrospective rating plans, optional deductible plans under 39-71-435, a construction industry premium credit plan under 39-71-2211, or other plans as authorized by statute or approved by the commissioner.
History: En. Sec. 5, Ch. 186, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1024. Repealed

33-16-1024. Repealed.
Sec. 22, Ch. 320, L. 2015.
History: En. Sec. 6, Ch. 186, L. 1995; amd. Sec. 5, Ch. 276, L. 1997.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1025. Interchange of rating plan -- data exchange -- cooperative action in ratemaking -- violation of part

33-16-1025. Interchange of rating plan -- data exchange -- cooperative action in ratemaking -- violation of part.
(1) Reasonable rules and plans may be adopted by the commissioner for the interchange of data necessary for the application of rating plans.
(2) To ensure conformity in administering rate regulatory laws, the commissioner, each insurer, and the advisory organization designated by the commissioner may exchange information and experience data with insurance regulatory officials, insurers, and advisory organizations in other states and may consult with them with respect to ratemaking and the application of rating systems.
(3) Cooperation among advisory organizations or among insurers and advisory organizations in ratemaking or in other matters within the scope of this part is authorized, but the filings resulting from the cooperation are subject to all provisions of this part.
(4) The commissioner may review the cooperative activities and practices. If, after hearing, any cooperative activity or practice is found to violate the provisions of this part, a written order may be issued specifying that the activity or practice violates the provision of this part and requiring the discontinuance of the activity or practice.
History: En. Sec. 7, Ch. 186, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1026. Rate filings

33-16-1026. Rate filings.
(1) A workers' compensation advisory organization shall file with the commissioner:
(a) workers' compensation rates and rating plans that are limited to prospective loss costs;
(b) each workers' compensation policy form to be used by its members or subscribers;
(c) the uniform classification plan and rules of the advisory organization;
(d) the uniform experience rating plan and rules of the advisory organization; and
(e) any other information that the commissioner requests and is entitled to receive under this part.
(2) Each insurer shall file with the commissioner all rates, supplementary rate information, and any changes and amendments made by it for use in this state as required by the commissioner under 33-16-1027(2).
(3) An insurer may establish rates and supplementary rate information based upon the factors in 33-16-1021. An insurer may adopt by reference, with or without deviation, the prospective loss costs filed by the advisory organization designated under 33-16-1023 or the rates and supplementary rate information filed by another insurer.
(4) An insurer may not make or issue a contract or policy of insurance under this part, except in accordance with the filings that are in effect for the insurer as provided in this part.
(5) In addition to other prohibitions in this part, an advisory organization may not file rates, supplementary rate information, or supporting information on behalf of an insurer.
(6) If each rate in a schedule of workers' compensation rates for specific classifications of risks filed by an insurer is not lower than the prospective loss costs contained in the schedule of workers' compensation rates for those classifications filed by the designated advisory organization under subsection (1), the schedule of rates filed by the insurer is not subject to 33-16-1027(1) but becomes effective upon filing.
History: En. Sec. 8, Ch. 186, L. 1995; amd. Sec. 146, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1027. Rate filing review

33-16-1027. Rate filing review.
(1) The commissioner shall review each insurance filing to ensure compliance with the following guidelines:
(a) The effective date of each workers' compensation insurer or advisory organization filing must be the date specified in the filing. The effective date of the filing may not be earlier than 30 days after the date on which the filing is received by the commissioner or the date of receipt of the information furnished in support of the filing, if the supporting information is required by the commissioner.
(b) Upon written application of the insurer or advisory organization, the commissioner may authorize a filing that becomes effective before the expiration of the period described in subsection (1)(a).
(c) A filing is considered to have met the requirements of this part unless disapproved by the commissioner within the period described in subsection (1)(a) or any extension of the period.
(2) Whenever a filing is not accompanied by the information required under this section, the commissioner shall inform the filer of the deficiency within 30 days of the initial filing. The filing is considered made when the required information is furnished or when the filer certifies to the commissioner that the additional information requested by the commissioner is not maintained or cannot be provided.
History: En. Sec. 9, Ch. 186, L. 1995; amd. Sec. 23, Ch. 531, L. 1997.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 16. Rates -- Rating and Advisory Organizations › Part 10. Workers' Compensation Rates and Advisory Organizations › 33-16-1028. Improper rates -- hearing

33-16-1028. Improper rates -- hearing.
(1) If the commissioner finds that a rate is not in compliance with 33-16-1021 or that a rate has been set in violation of 33-16-1032, the commissioner shall order that its use be discontinued for any policy issued or renewed after the date of the order, and the order may prospectively provide for premium adjustment of any policy then in force.
(2) The order must be issued within 30 days after the close of a hearing, if one is requested by the insurer, or within a reasonable time fixed by the commissioner. The order expires 1 year after its effective date unless rescinded earlier by the commissioner.
(3) If the commissioner disapproves a rate under subsection (1), disapproval must take effect not less than 15 days after the commissioner's order and the last previous rate in effect for the insurer must be reimposed for a period of 1 year unless the commissioner approves a rate under the provisions of subsection (5) or (6).
(4) A determination made by the commissioner under this section must be in accordance with accepted actuarial standards on the basis of findings of fact and conclusions of law.
(5) For a period of 1 year after the effective date of a disapproval order under subsection (1), a rate adopted to replace one disapproved under the order may not be used until it has been filed with the commissioner and approved within 30 days.
(6) Whenever an insurer does not have legally effective rates pursuant to subsection (1), the commissioner shall, on the insurer's request, specify interim rates for the insurer that are adequate to protect the interests of all parties. The commissioner may order that a specified portion of the premiums be placed in a special reserve established by the insurer. When new rates become legally effective, the commissioner shall order the reserved funds or any overcharge in the interim rates to be distributed appropriately, except that minimal adjustments may not be required.
History: En. Sec. 10, Ch. 186, L. 1995.