reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 12. Insurance Fraud Protection › 33-1-1203. Powers and duties of commissioner -- confidentiality of documents

33-1-1203. Powers and duties of commissioner -- confidentiality of documents.
(1) The commissioner may:
(a) initiate independent inquiries and conduct independent investigations when the commissioner has reason to believe that insurance fraud may be, has been, or is currently being committed;
(b) respond to notice or complaints generated by federal, state, county, and local law enforcement officers, other entities with law enforcement responsibilities, or governmental agencies or units;
(c) review and respond to notices or reports of insurance fraud submitted by any person, select the incidents of suspected fraud that in the commissioner's judgment require further and more detailed investigation, and conduct the investigations;
(d) conduct independent examinations of insurance fraud to determine the extent of insurance fraud, deceit, or intentional misrepresentation;
(e) after investigation, report any meritorious alleged violation of the law to the appropriate prosecuting authority or licensing agencies; and
(f) assemble evidence, prepare charges, and prosecute, if requested, or otherwise assist any prosecuting authority that has jurisdiction, including the attorney general.
(2) Papers, records, documents, reports, materials, or other evidence relative to the subject of an insurance fraud investigation must remain confidential and must be treated as confidential criminal justice information as defined in 44-5-103. Evidence procured pursuant to this section may not be disseminated, except as provided in 44-5-303.
(3) The commissioner shall notify the person who or the entity that has given notice of an alleged insurance fraud pursuant to 33-1-1205(2) of receipt of the notice by the commissioner and of the disposition of the notice and any resulting investigation.
History: En. Sec. 3, Ch. 237, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 12. Insurance Fraud Protection › 33-1-1204. Cooperation with law enforcement, licensing authorities, and other fraud agencies

33-1-1204. Cooperation with law enforcement, licensing authorities, and other fraud agencies.
(1) The commissioner shall cooperate with law enforcement authorities and all other authorized agencies and related insurance and professional licensing boards of this and other states. As used in this section, the term "authorized agencies" means:
(a) the attorney general of the state of Montana;
(b) the prosecuting attorney responsible for prosecution;
(c) the department of insurance of other jurisdictions;
(d) the United States attorney's office when that office is charged with investigation of the fraud; or
(e) the federal bureau of investigation or any other federal agency charged with investigation of the fraud.
(2) The commissioner shall cooperate to the extent allowed by law with insurance fraud investigators, related organizations of this and other states, and insurance commissioners of other states.
(3) If the commissioner determines that sufficient evidence of the commission of an act of insurance fraud exists, the commissioner shall inform the appropriate prosecuting authority and professional licensing boards.
History: En. Sec. 4, Ch. 237, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 12. Insurance Fraud Protection › 33-1-1205. Duties of authorized insurers, adjusters, administrators, consultants, and producers -- notice exception

33-1-1205. Duties of authorized insurers, adjusters, administrators, consultants, and producers -- notice exception.
(1) Each insurer, independent adjuster, independent administrator, independent consultant, and independent producer shall cooperate fully with the commissioner with respect to the provisions of this part.
(2) Except as provided in subsection (4), an insurer, an officer, or an employee of the insurer, an independent adjuster, an independent administrator, an independent consultant, or an independent producer who has reason to believe that an insurance fraud has been or is being committed shall provide notice of the alleged insurance fraud to the commissioner within 60 days. A producer of an insurer who has reason to believe that an insurance fraud has been or is being committed shall report the alleged fraud to the insurer within 60 days of discovery of the alleged insurance fraud. The insurer shall review the report. If the insurer determines that there is reasonable likelihood that fraud has occurred, the insurer shall forward the report to the commissioner within 30 days of receipt of the report.
(3) Notice to the commissioner by an insurer who has reason to believe that an insurance fraud has been committed in connection with an insurance claim, application, or policy tolls any applicable time period, for the commissioner, in any applicable insurance statute or related insurance regulation, or any applicable provisions of Title 33, chapter 1, part 15, and tolls any time period arising under 33-18-232 or 33-18-242 regarding unfair claims settlement practices.
(4) Notice of an alleged insurance fraud involving an insurance claim or application submitted to the state compensation insurance fund or a policy issued by the state compensation insurance fund must be made within 60 days to the fraud detection and prevention unit established pursuant to 39-71-211.
History: En. Sec. 5, Ch. 237, L. 1995; amd. Sec. 4, Ch. 276, L. 1997; amd. Sec. 2, Ch. 531, L. 1997; amd. Sec. 15, Ch. 396, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 12. Insurance Fraud Protection › 33-1-1206. Persons not connected with insurance industry -- reward fund

33-1-1206. Persons not connected with insurance industry -- reward fund.
(1) Any person who has knowledge of or who believes that an act of insurance fraud is being or has been committed may provide the commissioner with a report or information pertinent to the knowledge and belief and may provide additional information that the commissioner requests.
(2) The commissioner, in cooperation with authorized insurers, producers, and other interested parties, may establish a fund to reward persons who are not connected with the insurance industry and who provide information or furnish evidence leading to the arrest and conviction of persons responsible for insurance fraud. Participation in the fund must be purely voluntary. The books and records of the fund must be open and subject to review by the legislative auditor.
History: En. Sec. 6, Ch. 237, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 12. Insurance Fraud Protection › 33-1-1210. Immunity from liability

33-1-1210. Immunity from liability.
(1) In the absence of malice, an insurer, an officer, employee, or producer of the insurer, an independent adjuster, an administrator, a consultant, or any private person is not subject to civil liability for filing reports, providing information, or otherwise cooperating with an investigation or examination of insurance fraud conducted by the commissioner.
(2) A person listed in subsection (1) receives immunity if the person:
(a) cooperates with, furnishes evidence to, or provides information regarding any suspected insurance fraud to the commissioner, the national association of insurance commissioners, any nonprofit organization established to detect and prevent insurance fraud, or other insurer or producer; or
(b) complies with an order issued by a court of competent jurisdiction acting in response to a request by the commissioner to furnish evidence or provide testimony.
History: En. Sec. 7, Ch. 237, L. 1995.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 12. Insurance Fraud Protection › 33-1-1211. Administrative or civil penalties

33-1-1211. Administrative or civil penalties.
(1) If, after a hearing conducted under 33-1-701, the commissioner determines that a person has committed administrative or civil insurance fraud, the commissioner may:
(a) impose any penalty provided for in 33-1-317; or
(b) require the person to pay the costs of the proceeding.
(2) In addition to any other penalties, the commissioner shall require a person who commits administrative or civil insurance fraud to make restitution to the insurer or to any other person for all financial loss sustained as a result of the insurance fraud.
History: En. Sec. 8, Ch. 237, L. 1995; amd. Sec. 16, Ch. 396, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 13. Insurer Insurance Fraud Protection › 33-1-1301. Insurance, viatical settlement, medical care discount card, pharmacy discount card, and securities fraud education and prevention program -- definitions

33-1-1301. Insurance, viatical settlement, medical care discount card, pharmacy discount card, and securities fraud education and prevention program -- definitions.
(1) The commissioner may:
(a) establish an insurance, viatical settlement, medical care discount card, pharmacy discount card, and securities fraud education and prevention program; and
(b) conduct investigations of insurance, viatical settlement, medical care discount card, pharmacy discount card, and securities fraud.
(2) As used in this part:
(a) "medical care discount card" and "pharmacy discount card" have the meanings provided in 33-38-102; and
(b) "viatical settlement broker", "viatical settlement contract", and "viatical settlement provider" have the meanings provided in 33-20-1302.
History: En. Sec. 1, Ch. 390, L. 1997; amd. Sec. 2, Ch. 456, L. 2005; amd. Sec. 1, Ch. 272, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 13. Insurer Insurance Fraud Protection › 33-1-1302. Insurance, viatical settlement, medical care discount card, and pharmacy discount card administrative or civil fraud -- insurer

33-1-1302. Insurance, viatical settlement, medical care discount card, and pharmacy discount card administrative or civil fraud -- insurer.
(1) A person commits the act of insurance, viatical settlement, medical care discount card, or pharmacy discount card fraud when:
(a) in the course of offering or selling insurance, a medical care discount card, or a pharmacy discount card, the person misrepresents a material fact, known to the person to be untrue or made with reckless indifference as to whether it is true, with the intention of causing another person to rely upon the misrepresentation to that relying person's detriment; or
(b) with respect to a viatical settlement, the person violates the provisions of 33-1-1304.
(2) A person commits the act of insurance fraud or viatical settlement fraud by engaging in any transaction, act, practice, course of business, or course of dealing that involves a violation of insurable interest laws.
(3) The commissioner may, after having conducted a hearing pursuant to 33-1-701, impose the penalties provided for in 33-1-317 for a violation of 33-1-1304 or this section. Failure to pay a fine under this section results in a lien upon the assets and property of the person as provided in 33-1-318(3).
(4) In addition to any penalty provided for in 33-1-317, the commissioner may require a person regulated under this title who commits insurance, viatical settlement, medical care discount card, or pharmacy discount card fraud to make full restitution to the victim for all financial losses sustained as a result of the fraud with interest of 10% a year from the date of the fraud plus any costs and reasonable attorney fees, less the amount of any income, refund, or other benefit received by the victim from the insurance, viatical settlement, medical care discount card, or pharmacy discount card.
(5) The commissioner may require a person who commits a violation of this part to make full restitution to any person who may have sustained any losses as a result of the fraud with interest from the date of the loss plus any costs and reasonable attorney fees. The interest rate must be calculated as of the date of the order pursuant to 25-9-205.
(6) An insurer, insurance producer, or other person who sustained any losses and who was awarded restitution may bring suit to recover those sums, including any attorney fees, interest at the rate provided in 25-9-205, and costs incurred in obtaining a judgment.
(7) Failure of a person to pay any amount ordered under this section constitutes a forfeiture of the right to do business in this state.
History: En. Sec. 2, Ch. 390, L. 1997; amd. Sec. 3, Ch. 456, L. 2005; amd. Sec. 33, Ch. 44, L. 2007; amd. Sec. 2, Ch. 272, L. 2009; amd. Sec. 17, Ch. 396, L. 2017; amd. Sec. 3, Ch. 62, L. 2019.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 13. Insurer Insurance Fraud Protection › 33-1-1303. Reporting requirements

33-1-1303. Reporting requirements.
(1) An insurer, insurance producer, or other person who has reason to believe that insurance, viatical settlement, medical care discount card, or pharmacy discount card fraud has occurred shall report the suspected fraud to the commissioner or to the insurance producer's or other person's insurer within 60 days of discovery of the occurrence. An insurer shall review a report given to the insurer, and if the insurer determines that there is a reasonable likelihood that fraud has occurred the insurer shall forward the report to the commissioner within 30 days of receipt.
(2) In the absence of malice, an insurer, insurance producer, or other person may not be subjected to civil liability for reporting or providing information or otherwise cooperating with an investigation of insurance, viatical settlement, medical care discount card, or pharmacy discount card fraud.
History: En. Sec. 3, Ch. 390, L. 1997; amd. Sec. 34, Ch. 44, L. 2007; amd. Sec. 4, Ch. 272, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 14. Property and Casualty Actuarial Opinion Act › 33-1-1401. Short title

33-1-1401. Short title.
This part may be cited as the "Property and Casualty Actuarial Opinion Act".
History: En. Sec. 1, Ch. 50, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 14. Property and Casualty Actuarial Opinion Act › 33-1-1402. Actuarial opinion of reserves and supporting documentation -- definition

33-1-1402. Actuarial opinion of reserves and supporting documentation -- definition.
(1) Every property and casualty insurer doing business in this state, unless otherwise exempted by its domiciliary commissioner, shall annually submit the opinion of an appointed actuary entitled "Statement of Actuarial Opinion". The insurer shall file this opinion in accordance with the appropriate NAIC property and casualty annual statement instructions.
(2) (a) Every property and casualty resident domestic insurer that is required to submit a statement of actuarial opinion shall annually submit an actuarial opinion summary written by the insurer's appointed actuary. This actuarial opinion summary must be filed in accordance with the appropriate NAIC property and casualty annual statement instructions and is considered to be a document supporting the actuarial opinion required in subsection (1).
(b) A foreign or alien authorized insurer shall provide to the commissioner the actuarial opinion summary upon request.
(3) (a) An actuarial report and its underlying work papers as required by the appropriate NAIC property and casualty annual statement instructions must be prepared to support each actuarial opinion.
(b) If the insurer fails to provide a supporting actuarial report or work papers at the request of the commissioner or the commissioner determines that the supporting actuarial report or work papers provided by the insurer are otherwise unacceptable to the commissioner, the commissioner may engage a qualified actuary at the expense of the insurer to review the opinion and basis for the opinion and prepare a supporting actuarial report or work papers.
(4) The appointed actuary is not liable for damages to any person, other than the insurer and the commissioner, for any act, error, omission, decision, or conduct with respect to the actuary's opinion except in cases of fraud or willful misconduct on the part of the appointed actuary.
(5) For the purposes of this part, "actuarial report" means a document or presentation prepared as a formal means of conveying the actuary's professional conclusions and recommendations and communicating the methods and procedures used to reach the conclusions and recommendations, including any supporting documents.
History: En. Sec. 2, Ch. 50, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 14. Property and Casualty Actuarial Opinion Act › 33-1-1403. Confidentiality

33-1-1403. Confidentiality.
(1) The statement of actuarial opinion must be provided with the annual statement in accordance with the appropriate NAIC property and casualty annual statement instructions and is a public record within the meaning of 2-6-1002.
(2) (a) Actuarial reports, work papers, and actuarial opinion summaries retained by the commissioner are trade secrets and are privileged. The materials must be given confidential treatment, are not subject to subpoena, and are not subject to discovery, and the materials are not admissible in evidence in any private civil litigation.
(b) Subsection (2)(a) does not limit the commissioner's authority to release the documents to the actuarial board for counseling and discipline if the material is required for the board's professional disciplinary proceedings and if the board establishes procedures satisfactory to the commissioner to preserve the confidentiality of the documents.
(3) This section does not limit the commissioner's authority to use the actuarial reports, work papers, actuarial opinion summaries, or other information in furtherance of any regulatory or legal action brought as part of the commissioner's official duties.
(4) The commissioner and any person who receives actuarial reports, work papers, actuarial opinion summaries, or other information while acting under the authority of the commissioner may not testify in any private civil action concerning the documents or information subject to the provisions of subsection (2).
(5) To assist in the performance of the commissioner's duties, the commissioner may provide and receive documents and information pursuant to 33-1-311.
(6) A waiver of privilege or claim of confidentiality in the actuarial reports, work papers, or actuarial opinion summaries does not result from disclosure to the commissioner under this section or result from the exchange of documents and information authorized in subsections (2)(b) and (5).
History: En. Sec. 3, Ch. 50, L. 2009; amd. Sec. 52, Ch. 348, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 15. Insurance Fraud Penalties › 33-1-1501. No limitation on prosecutions

33-1-1501. No limitation on prosecutions.
Nothing in this part limits the prosecution of any conduct defined as an offense in Title 45.
History: En. Sec. 1, Ch. 396, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 15. Insurance Fraud Penalties › 33-1-1502. Application of criminal law and procedure

33-1-1502. Application of criminal law and procedure.
(1) Unless a rule or statute specifically states otherwise, the provisions of Titles 45 and 46 apply to the enforcement of the offenses provided for in this part.
(2) In any prosecution for the offenses provided for and charged under this part, for the purposes of and in addition to the provisions of 46-2-101 and 46-3-110, offenses are deemed to have been committed in any of the following locations:
(a) the county or judicial district in which the purported loss, damage, or accident occurs;
(b) the county or judicial district in which the insurance policy provides coverage or, in the case of motor vehicle insurance, where the vehicle is garaged; or
(c) the county or judicial district in which money or other insurance proceeds were received for the fraudulent act.
History: En. Sec. 2, Ch. 396, L. 2017; amd. Sec. 6, Ch. 157, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 15. Insurance Fraud Penalties › 33-1-1503. Statute of limitations

33-1-1503. Statute of limitations.
(1) A prosecution for a felony stated in this part must be commenced within 5 years after it was committed.
(2) A prosecution for a misdemeanor stated in this part must be commenced within 3 years after it was committed.
(3) An offense is committed either when every element occurs or, when the offense is based upon a continuing course of conduct, at the time when the course of conduct is terminated. Time starts to run on the day after the offense is committed.
(4) A prosecution is commenced either when an indictment is found or an information or complaint is filed.
History: En. Sec. 3, Ch. 396, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 15. Insurance Fraud Penalties › 33-1-1504. Criminal insurance fraud

33-1-1504. Criminal insurance fraud.
(1) A person commits the offense of insurance fraud when the person purposely or knowingly:
(a) for the purpose of obtaining any money or benefit, presents or causes to be presented to any person any written or oral statement, including computer-generated documents, containing false, incomplete, or misleading information concerning any fact or thing material to, as part of, or in support of a claim for payment or other benefit pursuant to an insurance policy;
(b) presents or causes to be presented to or by an insurer, as defined in 33-1-201, or to an insurance producer or administrator, as defined in 33-17-102, a materially false or altered application of insurance;
(c) as a health care provider as defined in 33-38-102, submits a false or altered bill or report of physical condition to an insurer; or
(d) presents or causes to be presented false, incomplete, or misleading insurance documents to any person.
(2) (a) A person convicted of criminal insurance fraud involving a benefit or benefits with a value not exceeding $1,500 shall be fined not more than $1,500 or be imprisoned in the county detention center for not more than 6 months, or both.
(b) A person convicted of the offense of insurance fraud involving a benefit or benefits with a value exceeding $1,500 shall be fined an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both.
(c) A person convicted of the offense of insurance fraud involving a common scheme as defined in 45-2-101 shall be fined an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both.
History: En. Sec. 4, Ch. 396, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 15. Insurance Fraud Penalties › 33-1-1505. Theft of viatical settlement proceeds

33-1-1505. Theft of viatical settlement proceeds.
(1) A person commits the offense of theft of viatical settlement proceeds when the person purposely or knowingly obtains or exerts unauthorized control over money, funds, premiums, credits, or other property of a viatical settlement provider, viatical settlement broker, insurer, insured, policy owner, or any other person engaged in the business of viatical settlements.
(2) For purposes of this section, "viatical settlement provider" and "viatical settlement broker" have the meanings provided in 33-20-1302.
(3) (a) A person convicted of theft of viatical settlement proceeds involving property with a value not exceeding $1,500 shall be fined not more than $1,500 or be imprisoned in the county detention center for not more than 6 months, or both.
(b) A person convicted of the offense of theft of viatical settlement proceeds involving property with a value exceeding $1,500 shall be fined an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both.
(c) A person convicted of the offense of theft of viatical settlement proceeds involving a common scheme as defined in 45-2-101 shall be fined an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both.
History: En. Sec. 5, Ch. 396, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 15. Insurance Fraud Penalties › 33-1-1506. Theft of medical care discount card fee

33-1-1506. Theft of medical care discount card fee.
(1) A person commits the offense of theft of medical care discount card fee when the person purposely or knowingly obtains or exerts unauthorized control over any amount of money paid by a user or consumer to a health care provider, a medical care discount card provider, or a medical care discount card supplier for a medical care discount card.
(2) For purposes of this section, "medical care discount card", "health care provider", and "medical care discount card provider" have the meanings provided in 33-38-102.
(3) (a) A person convicted of theft of medical care discount card fee involving a value not exceeding $1,500 shall be fined not more than $1,500 or be imprisoned in the county detention center for not more than 6 months, or both.
(b) A person convicted of the offense of theft of medical care discount card fee involving a value exceeding $1,500 shall be fined an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both.
(c) A person convicted of the offense of theft of medical care discount card fee involving a common scheme as defined in 45-2-101 shall be fined an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both.
History: En. Sec. 6, Ch. 396, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 15. Insurance Fraud Penalties › 33-1-1507. Theft of pharmacy discount card fee

33-1-1507. Theft of pharmacy discount card fee.
(1) A person commits the offense of theft of pharmacy discount card fee when the person purposely or knowingly obtains or exerts unauthorized control over any amount of money paid by a user or consumer to a prescription drug provider or a pharmacy discount card supplier for a pharmacy discount card.
(2) For purposes of this section, "pharmacy discount card", "pharmacy discount card supplier", and "prescription drug provider" have the meanings provided in 33-38-102.
(3) (a) A person convicted of theft of pharmacy discount card fee involving a value not exceeding $1,500 shall be fined not more than $1,500 or be imprisoned in the county detention center for not more than 6 months, or both.
(b) A person convicted of the offense of theft of pharmacy discount card fee involving a value exceeding $1,500 shall be fined an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both.
(c) A person convicted of the offense of theft of pharmacy discount card fee involving a common scheme as defined in 45-2-101 shall be fined an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both.
History: En. Sec. 7, Ch. 396, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 15. Insurance Fraud Penalties › 33-1-1508. Theft of insurance premium

33-1-1508. Theft of insurance premium.
(1) A person commits the offense of theft of insurance premium when the person purposely or knowingly exerts unauthorized control over money paid as insurance premium:
(a) by failing to provide insurance premium received for a particular insurance policy to the insurer; or
(b) knowing that insurance coverage will not be provided.
(2) For purposes of this section "insurance premium" has the same meaning as "premium" provided in 33-15-102.
(3) (a) A person convicted of theft of insurance premium involving a value not exceeding $1,500 shall be fined not more than $1,500 or be imprisoned in the county detention center for not more than 6 months, or both.
(b) A person convicted of the offense of theft of insurance premium involving a value exceeding $1,500 shall be fined an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both.
(c) A person convicted of the offense of theft of insurance premium involving a common scheme as defined in 45-2-101 shall be fined an amount not to exceed $50,000 or be imprisoned in a state prison for a term not to exceed 10 years, or both.
History: En. Sec. 8, Ch. 396, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 15. Insurance Fraud Penalties › 33-1-1509. License offenses

33-1-1509. License offenses.
(1) A person commits the offense of conducting an insurance transaction without a license when the person purposely or knowingly solicits, negotiates, or sells insurance, as defined in 33-1-201, without first obtaining a license to conduct insurance transactions from the commissioner of insurance pursuant to Title 33.
(2) Except as provided in subsection (1), a person commits the offense of operating without a required license when the person purposely or knowingly engages in the acts of an insurance adjuster, insurance consultant, public adjuster, or temporary insurance producer, as those acts are set out in 33-17-102, 33-17-103, 33-17-216, and 33-17-1502, without first obtaining a license from the commissioner of insurance pursuant to Title 33.
(3) A corporation or other entity commits the offenses stated in this section when:
(a) a director, officer, servant, employee, or other person who is authorized to act on behalf of the entity commits the prohibited acts; or
(b) a manager or similarly empowered agent of the entity authorizes, requests, or commands the commission of the prohibited acts.
(4) A person convicted of a license offense shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.
History: En. Sec. 9, Ch. 396, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 15. Insurance Fraud Penalties › 33-1-1510. Surplus lines insurance offenses

33-1-1510. Surplus lines insurance offenses.
(1) A person commits the offense of surplus lines offense if the person knowingly or negligently:
(a) issues or delivers a false policy or cover note or certification of insurance, as those documents are described in 33-2-308, related to the terms of a surplus lines insurance policy; or
(b) fails to notify an insured of a material change in the coverage described in 33-2-308 in writing within 30 days of any material change in the insurance coverage.
(2) A person convicted of a surplus lines insurance offense shall be fined not less than $50 or more than $1,000 or be imprisoned in the county detention center for not less than 30 days or more than 90 days, or both.
History: En. Sec. 10, Ch. 396, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 15. Insurance Fraud Penalties › 33-1-1511. Failure or refusal to cooperate with commissioner

33-1-1511. Failure or refusal to cooperate with commissioner.
(1) A person commits the offense of failure or refusal to cooperate with the insurance commissioner when the person purposely or knowingly fails or refuses to cooperate with the commissioner during a dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of any insurer or an investigation of such matters described in Title 33, chapter 2, part 13.
(2) A corporation or other entity commits the offense of failure or refusal to cooperate with the insurance commissioner when:
(a) a director, officer, servant, employee, or other person who is authorized to act on behalf of the entity purposely or knowingly fails or refuses to cooperate with the commissioner during a dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of any insurer or an investigation of such matters described in Title 33, chapter 2, part 13; or
(b) a manager or similarly empowered agent of the entity purposely or knowingly authorizes, requests, or commands the failure or refusal to cooperate with the commissioner during a dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of any insurer or an investigation of such matters described in Title 33, chapter 2, part 13.
(3) For purposes of this section, cooperation includes but is not limited to:
(a) responding in writing within 60 days to any written inquiry from the commissioner requesting a response;
(b) making available to the commissioner any information in the insurer's possession, custody, or control, regardless of the form in which the information exists; or
(c) engaging in the necessary procedures related to dissolution, liquidation, rehabilitation, sequestration, conservation, or receivership of an insurer.
(4) A person or entity convicted of failure or refusal to cooperate with the insurance commissioner shall be fined an amount not to exceed $10,000 or be imprisoned in a county detention facility for a term not to exceed 1 year, or both.
History: En. Sec. 11, Ch. 396, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 1. Administration and General Provisions › Part 15. Insurance Fraud Penalties › 33-1-1512. Records and assets offenses

33-1-1512. Records and assets offenses.
(1) A person commits the offense of unlawful removal or unlawful concealment of records or assets when, with the purpose to prevent the commissioner from fulfilling the duties set out in Title 33, the person purposely or knowingly removes from this state the records or assets required by 33-3-401 of a domestic insurer as defined in 33-1-201.
(2) A corporation or other entity commits the offense of unlawful removal or unlawful concealment of records or assets when, with the purpose to prevent the commissioner from fulfilling the duties set out in Title 33:
(a) a director, officer, servant, employee, or other person who is authorized to act on behalf of the entity purposely or knowingly removes from this state or conceals the records or assets required by 33-3-401 of a domestic insurer as defined in 33-1-201; or
(b) a manager or similarly empowered agent of the entity purposely or knowingly authorizes, requests, or commands the removal from this state or concealment of the records or assets required by 33-3-401 of a domestic insurer as defined in 33-1-201.
(3) A person or entity convicted of the unlawful removal or unlawful concealment of records or assets shall be fined an amount not to exceed $10,000 or be imprisoned in the state prison for a term not to exceed 5 years, or both.
History: En. Sec. 12, Ch. 396, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 2. Regulation of Insurance Companies › Part 1. Authorization of Insurers › 33-2-101. Certificate of authority required

33-2-101. Certificate of authority required.
(1) Except as expressly otherwise provided in this code, a person acting as an insurer and an insurer transacting insurance in this state must have a subsisting certificate of authority issued by the commissioner.
(2) An insurer that has or maintains in Montana any office, representative, or facility for the solicitation or servicing of any kind of insurance in any other state must be authorized to transact the same kind of insurance in this state.
History: En. Sec. 46, Ch. 286, L. 1959; R.C.M. 1947, 40-2801; amd. Sec. 1, Ch. 562, L. 2005; amd. Sec. 18, Ch. 396, L. 2017.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 2. Regulation of Insurance Companies › Part 1. Authorization of Insurers › 33-2-102. Exceptions to certificate of authority requirement

33-2-102. Exceptions to certificate of authority requirement.
A certificate of authority shall not be required of an insurer, not otherwise authorized in this state, as to the following transactions:
(1) transactions relative to its policies lawfully written in Montana or liquidation of assets and liabilities of the insurer (other than collection of new premiums), all as resulting from its former authorized operations in Montana;
(2) transactions relative thereto subsequent to issuance of a policy covering only subjects of insurance not resident, located, or expressly to be performed in Montana at time of issuance, and which coverage was lawfully solicited, written, and delivered outside Montana;
(3) transactions pursuant to surplus lines coverages lawfully written pursuant to part 3 of this chapter;
(4) reinsurance, except as to domestic reinsurers.
History: En. Sec. 47, Ch. 286, L. 1959; R.C.M. 1947, 40-2802.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 2. Regulation of Insurance Companies › Part 1. Authorization of Insurers › 33-2-103. Admission for investment only

33-2-103. Admission for investment only.
A foreign insurer may transact business in this state without certificate of authority for the purpose and to the extent only of investing its funds in Montana real estate or in securities secured thereby by complying with the applicable laws of this state other than this code. Such an insurer shall not be subject to any other provision of this code.
History: En. Sec. 48, Ch. 286, L. 1959; R.C.M. 1947, 40-2803.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 2. Regulation of Insurance Companies › Part 1. Authorization of Insurers › 33-2-104. Representing or aiding unauthorized insurer prohibited

33-2-104. Representing or aiding unauthorized insurer prohibited.
(1) A person may not directly or indirectly act as insurance producer in this state for, or otherwise represent or aid on behalf of another, any insurer not authorized to transact insurance in this state in the solicitation, negotiation, or effectuation of insurance or of annuity contracts, inspection of risks, fixing of rates, investigation or adjustment of losses, collection of premiums, or any other transaction of insurance with respect to subjects of insurance resident, located or to be performed in this state.
(2) This section does not apply to:
(a) acceptance of service of process by the commissioner under 33-1-613; or
(b) surplus lines insurance and other transactions for which a certificate of authority is not required of an insurer as stated in 33-2-102.
History: En. Sec. 176, Ch. 286, L. 1959; R.C.M. 1947, 40-3401; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 2, Ch. 562, L. 2005; amd. Sec. 19, Ch. 396, L. 2017; amd. Sec. 4, Ch. 62, L. 2019.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 2. Regulation of Insurance Companies › Part 1. Authorization of Insurers › 33-2-105. Suits by unauthorized insurers prohibited

33-2-105. Suits by unauthorized insurers prohibited.
Except as to transactions permitted under 33-2-102, no unauthorized insurer shall institute or file or cause to be instituted or filed any suit, action, or proceeding in this state to enforce any right, claim, or demand arising out of any insurance transaction in this state until such insurer has obtained a certificate of authority to transact such insurance in this state.
History: En. Sec. 177, Ch. 286, L. 1959; R.C.M. 1947, 40-3402; amd. Sec. 8, Ch. 198, L. 1979.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 2. Regulation of Insurance Companies › Part 1. Authorization of Insurers › 33-2-106. General eligibility of insurers

33-2-106. General eligibility of insurers.
(1) To qualify for and hold authority to transact insurance in this state, an insurer must be otherwise in compliance with this code and with its charter powers and must be an incorporated stock insurer, an incorporated mutual insurer, or a reciprocal insurer, all of the same general type as may hereafter be formed as a domestic insurer under this code.
(2) No foreign insurer shall be authorized to transact insurance in Montana which does not maintain reserves as required by part 5 of this chapter applicable to the kind or kinds of insurance transacted by such insurer, wherever transacted in the United States, or which transacts business anywhere in the United States on the assessment plan, stipulated premium plan, or any similar plan.
(3) No foreign insurer which is directly or indirectly owned or controlled in whole or in substantial part by any government or governmental agency shall be authorized to transact insurance in Montana unless it was so owned and first so authorized prior to January 1, 1957. Membership or subscribership in a mutual or reciprocal insurer by virtue of being a policyholder thereof, ownership of stock or other security which does not have voting rights with respect to the management of the insurer, or supervision of an insurer by public authority shall not be deemed to be an ownership or control of the insurer for the purposes of this provision.
History: En. Sec. 49, Ch. 286, L. 1959; R.C.M. 1947, 40-2804.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 2. Regulation of Insurance Companies › Part 1. Authorization of Insurers › 33-2-107. Name -- dissimilar

33-2-107. Name -- dissimilar.
(1) No insurer shall be authorized to transact insurance in this state which has or uses a name so similar to that of another insurer already so authorized as likely to mislead the public.
(2) No life insurer shall be authorized which has or uses a name deceptively similar to that of another insurer authorized to transact insurance in this state within the preceding 10 years if life insurance policies originally issued by such other insurer are still outstanding in this state.
(3) No insurer shall be so authorized which has or uses a name which tends to deceive or mislead as to the type of organization of the insurer.
(4) In case of conflict of names between two insurers or a conflict otherwise prohibited under the foregoing subsections of this section, the commissioner may permit or require the more recently authorized insurer to use in Montana such supplementation or modification of its name or such business name as may reasonably be necessary to avoid such conflict.
History: En. Sec. 50, Ch. 286, L. 1959; R.C.M. 1947, 40-2805.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 2. Regulation of Insurance Companies › Part 1. Authorization of Insurers › 33-2-108. Combinations of insuring powers

33-2-108. Combinations of insuring powers.
(1) Except as provided in subsections (2), (3), and (4) and 33-25-213, an insurer which otherwise qualifies therefor may be authorized to transact any one kind or combination of kinds of insurance as defined in 33-1-205 through 33-1-212.
(2) A life insurer may also grant annuities but shall not be authorized to transact any other kind of insurance other than disability, except that if the insurer is otherwise qualified therefor, the commissioner shall continue to so authorize any life insurer which, immediately prior to January 1, 1961, was lawfully authorized to transact in this state a kind or kinds of insurance in addition to life and disability.
(3) A reciprocal insurer shall not transact life insurance.
(4) A title insurer shall be a stock insurer.
History: En. Sec. 51, Ch. 286, L. 1959; R.C.M. 1947, 40-2806; amd. Sec. 16, Ch. 519, L. 1985.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 2. Regulation of Insurance Companies › Part 1. Authorization of Insurers › 33-2-109. Capital or surplus funds required

33-2-109. Capital or surplus funds required.
(1) To qualify for authority to transact any one kind of insurance, as defined in 33-1-205 through 33-1-212, or combinations of kinds of insurance as shown below, an insurer shall possess and maintain unimpaired paid-in capital stock, if a stock insurer, or surplus, if a mutual or foreign reciprocal insurer, in an amount not less than is applicable under the schedules below and shall possess when first authorized to transact insurance any additional funds as surplus as required under 33-2-110:
(a) Kind or kindsMinimum capital or
of insurancesurplus required
Life  $200,000
Disability  200,000
Life and disability  300,000
Credit life and disability   50,000
Property  400,000
Marine  400,000
Casualty
All lines, except workers' compensation  400,000
All lines, including workers' compensation  600,000
Surety  500,000
Title  200,000
Multiple lines, two or more of property, marine,
casualty, or surety  800,000
(b) For insurers licensed on or after October 1, 1999:
Kind or kinds Minimum capital or
of insurance surplus required
Life  $600,000
Disability  500,000
Life and disability  750,000
Credit life and disability  150,000
Property  500,000
Marine  500,000
Casualty
All lines, except workers' compensation  500,000
All lines, including workers' compensation  750,000
Surety  500,000
Title  500,000
Multiple lines, two or more of property, marine,
casualty, or surety  1,000,000
(2) Surplus requirements for qualification to transact one or more kinds of insurance for domestic mutual insurers are governed by Title 33, chapter 3, and surplus requirements for domestic reciprocal insurers are governed by Title 33, chapter 5.
(3) Capital and surplus requirements must be based upon all the kinds of insurance actually transacted or to be transacted by the insurer in any areas in which it operates, whether or not only a portion of the kinds are to be transacted in this state.
(4) A life insurer may also grant annuities without additional capital or additional surplus.
(5) For a credit life and disability insurer that is not a resident domestic insurer as defined in 33-1-201 and 33-1-202, the capital or surplus required by this section is an amount equal to four times the minimum capital or surplus required for credit life and disability pursuant to subsection (1).
History: En. Sec. 52, Ch. 286, L. 1959; amd. Sec. 1, Ch. 319, L. 1977; R.C.M. 1947, 40-2807(part); amd. Sec. 2, Ch. 303, L. 1981; amd. Sec. 3, Ch. 202, L. 1983; amd. Sec. 12, Ch. 472, L. 1999.