reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 19. Insurance Information and Privacy Protection › Part 1. General Provisions › 33-19-103. Scope

33-19-103. Scope.
(1) The obligations imposed by this chapter apply to those insurance institutions, insurance producers, or insurance-support organizations that, on or after July 1, 1982:
(a) in the case of life, health, or disability insurance:
(i) collect, receive, or maintain information in connection with insurance transactions that pertains to natural persons who are residents of this state; or
(ii) engage in insurance transactions with applicants, individuals, or policyholders who are residents of this state; and
(b) in the case of property or casualty insurance:
(i) collect, receive, or maintain information in connection with insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state; or
(ii) engage in insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state.
(2) The rights granted by this chapter extend to:
(a) in the case of life, health, or disability insurance, the following persons who are residents of this state:
(i) natural persons who are the subject of information collected, received, or maintained in connection with insurance transactions; and
(ii) applicants, individuals, or policyholders who engage in or seek to engage in insurance transactions; and
(b) in the case of property or casualty insurance, the following persons:
(i) natural persons who are the subject of information collected, received, or maintained in connection with insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state; and
(ii) applicants, individuals, or policyholders who engage in or seek to engage in insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state.
(3) For the purposes of this section, a person is considered a resident of this state if the person's last-known mailing address, as shown in the records of the insurance institution, insurance producer, or insurance-support organization, is located in this state.
(4) This chapter does not apply to information collected from the public records of a governmental authority and maintained by an insurance institution or its representatives for the purpose of insuring the title to real property located in this state.
History: En. Sec. 3, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 19. Insurance Information and Privacy Protection › Part 2. Information Gathering › 33-19-201. Pretext interviews prohibited -- exception

33-19-201. Pretext interviews prohibited -- exception.
(1) Except as provided in subsection (2), an insurance institution, insurance producer, or insurance-support organization may not use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction.
(2) A pretext interview may be undertaken to obtain information from a person or institution that does not have a generally or statutorily recognized privileged relationship with the person about whom the information relates for the purpose of investigating a claim when based upon specific information available for review by the commissioner that there is a reasonable basis for suspecting criminal activity, fraud, material misrepresentation, or material nondisclosure in connection with the claim.
History: En. Sec. 5, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 19. Insurance Information and Privacy Protection › Part 2. Information Gathering › 33-19-203. Marketing and research surveys

33-19-203. Marketing and research surveys.
An insurance institution or insurance producer shall clearly specify the questions that are designed to obtain information from an individual in connection with an insurance transaction solely for marketing or research purposes.
History: En. Sec. 7, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 19. Insurance Information and Privacy Protection › Part 2. Information Gathering › 33-19-204. Repealed

33-19-204. Repealed.
Sec. 11, Ch. 341, L. 2001.
History: En. Sec. 8, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 3, Ch. 212, L. 1999.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 19. Insurance Information and Privacy Protection › Part 2. Information Gathering › 33-19-205. Investigative consumer reports

33-19-205. Investigative consumer reports.
(1) An insurance institution, insurance producer, or insurance-support organization may not prepare or request an investigative consumer report about an individual in connection with an insurance transaction involving an application for insurance, a policy renewal, a policy reinstatement, or a change in insurance benefits unless the insurance institution or insurance producer informs the individual:
(a) that the individual may request to be interviewed in connection with the preparation of the investigative consumer report; and
(b) that upon a request pursuant to 33-19-301, the individual is entitled to receive a copy of the investigative consumer report.
(2) If an investigative consumer report is to be prepared by an insurance institution or insurance producer, the insurance institution or insurance producer shall institute reasonable procedures to conduct a personal interview requested by an individual.
(3) If an investigative consumer report is to be prepared by an insurance-support organization, the insurance institution or insurance producer desiring the report shall inform the insurance-support organization as to whether a personal interview has been requested by the individual. The insurance-support organization shall institute reasonable procedures to conduct the interview, if requested.
History: En. Sec. 9, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 1210, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 19. Insurance Information and Privacy Protection › Part 2. Information Gathering › 33-19-206. Disclosure authorizations -- content -- conditions prohibited

33-19-206. Disclosure authorizations -- content -- conditions prohibited.
If a disclosure authorization is required by this chapter, the following requirements apply:
(1) A valid authorization to disclose personal information must be in written form, or in electronic form as provided by applicable law, and must contain the following:
(a) the identity of the individual who is the subject of the personal information;
(b) a description of the types of personal information to be disclosed;
(c) a description of the entity or type of entity to which the licensee discloses personal information, the purpose of the disclosure, and how the information will be used;
(d) the signature of the individual who is the subject of the personal information or the individual who may by law allow the disclosure and the date on which the authorization is signed; and
(e) notice of the length of time for which the authorization is valid, notice that the individual may revoke the authorization at any time, and notice of the procedure for revocation.
(2) An authorization remains valid for a period stated in the authorization that does not exceed 24 contiguous months.
(3) An individual who is the subject of personal information and has signed an authorization may revoke the authorization at any time.
(4) A licensee shall retain the original authorization or a copy of it in the record of the individual who is the subject of personal information.
(5) A licensee may not condition enrollment, coverage, benefits, or rates on an individual's signing of a disclosure authorization unless the disclosure sought through the authorization is necessary for the licensee to perform an insurance function.
History: En. Sec. 6, Ch. 341, L. 2001.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 19. Insurance Information and Privacy Protection › Part 3. Disclosure of Information › 33-19-304. Information concerning previous adverse underwriting decisions

33-19-304. Information concerning previous adverse underwriting decisions.
An insurance institution, insurance producer, or insurance-support organization may not seek information in connection with an insurance transaction concerning:
(1) any previous adverse underwriting decision experienced by an individual unless the inquiry also requests the reasons for any previous adverse underwriting decision and the individual is advised of the source of the information; or
(2) any previous insurance coverage obtained by an individual through a residual market mechanism unless the inquiry also requests the reasons why insurance coverage was previously obtained through a residual market mechanism and the individual is advised of the source of information.
History: En. Sec. 13, Ch. 580, L. 1981; amd. Sec. 8, Ch. 518, L. 1983; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 19. Insurance Information and Privacy Protection › Part 3. Disclosure of Information › 33-19-305. Previous adverse underwriting decisions

33-19-305. Previous adverse underwriting decisions.
An insurance institution or insurance producer may not base an adverse underwriting decision in whole or in part:
(1) on the fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism, but an insurance institution or insurance producer may base an adverse underwriting decision on further information obtained from an insurance institution or insurance producer responsible for a previous adverse underwriting decision;
(2) on personal information received from an insurance-support organization whose primary source of information is insurance institutions, but an insurance institution or insurance producer may base an adverse underwriting decision on further personal information obtained as the result of information received from such insurance-support organization.
History: En. Sec. 14, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 19. Insurance Information and Privacy Protection › Part 3. Disclosure of Information › 33-19-308. Disclosure of underwriting information

33-19-308. Disclosure of underwriting information.
(1) An insurance institution or insurance-support organization shall, within 30 days of receiving a written request from an entity listed in subsection (2) that it provides coverage for, disclose to that entity the following information that the entity specifically requests about the entity's coverage:
(a) total premiums collected from the entity for the policy year; and
(b) total losses paid out with respect to the entity for the policy year.
(2) Any of the following entities may request information about the entity's coverage pursuant to this section:
(a) an association having a group health insurance program for its members;
(b) a group purchasing cooperative;
(c) a group health plan that is a multiple employer welfare arrangement;
(d) a self-insured group; and
(e) a business that provides group health insurance for its employees, except that a business with between 2 and 50 employees is not subject to the provisions of this section.
(3) Information disclosed pursuant to this section may not include any personal information pertaining to an individual covered by a group plan that has been obtained or administered by an entity listed in subsection (2).
(4) Information that is obtainable pursuant to the provisions of this section may not be requested more than once during any calendar year.
(5) An association provided for in subsection (2)(a) must be provided with reasonable information by its insurance institution or insurance-support organization to enable the association to receive a bid or quote for coverage from other insurance entities.
History: En. Sec. 1, Ch. 471, L. 2001.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 19. Insurance Information and Privacy Protection › Part 4. Enforcement › 33-19-401. Power of the commissioner

33-19-401. Power of the commissioner.
(1) The commissioner has the power to examine and investigate the affairs of every insurance institution or insurance producer doing business in this state to determine whether the insurance institution or insurance producer has been or is engaged in any conduct in violation of this chapter.
(2) The commissioner has the power to examine and investigate the affairs of every insurance-support organization acting on behalf of an insurance institution or insurance producer that either transacts business in this state or transacts business outside this state which has an effect on a person residing in this state in order to determine whether such insurance-support organization has been or is engaged in any conduct in violation of this chapter.
History: En. Sec. 16, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 19. Insurance Information and Privacy Protection › Part 4. Enforcement › 33-19-402. Repealed

33-19-402. Repealed.
Sec. 11, Ch. 341, L. 2001.
History: En. Sec. 17, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 19. Insurance Information and Privacy Protection › Part 4. Enforcement › 33-19-403. Service of process -- insurance-support organizations

33-19-403. Service of process -- insurance-support organizations.
For the purpose of this chapter, an insurance-support organization transacting business outside this state that has an effect on a person residing in this state is considered to have appointed the commissioner to accept service of process on its behalf. The party seeking service and the commissioner shall follow the procedure in 33-1-606 to effectuate service.
History: En. Sec. 18, Ch. 580, L. 1981; amd. Sec. 10, Ch. 60, L. 2019.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 19. Insurance Information and Privacy Protection › Part 4. Enforcement › 33-19-404. Repealed

33-19-404. Repealed.
Sec. 11, Ch. 341, L. 2001.
History: En. Sec. 19, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 19. Insurance Information and Privacy Protection › Part 4. Enforcement › 33-19-405. Civil penalty

33-19-405. Civil penalty.
A person who violates this chapter is subject to the civil penalty provided in 33-1-317.
History: En. Sec. 20, Ch. 580, L. 1981; amd. Sec. 4, Ch. 101, L. 1985; amd. Sec. 9, Ch. 341, L. 2001.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 19. Insurance Information and Privacy Protection › Part 4. Enforcement › 33-19-406. Repealed

33-19-406. Repealed.
Sec. 11, Ch. 341, L. 2001.
History: En. Sec. 21, Ch. 580, L. 1981; amd. Sec. 5, Ch. 101, L. 1985.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 19. Insurance Information and Privacy Protection › Part 4. Enforcement › 33-19-407. Individual remedies

33-19-407. Individual remedies.
(1) If any insurance institution, insurance producer, or insurance-support organization fails to comply with 33-19-301, 33-19-302, or 33-19-303 with respect to the rights granted under those sections, any person whose rights are violated may apply to the district court of this state or any other court of competent jurisdiction for appropriate equitable relief.
(2) An insurance institution, insurance producer, or insurance-support organization that discloses information in violation of 33-19-306 or 33-19-307 is liable for damages sustained by the individual to whom the information relates. However, an individual is not entitled to a monetary award that exceeds the actual damages sustained by the individual as a result of a violation of 33-19-306 or 33-19-307.
(3) In an action brought pursuant to this section, the court may award the cost of the action and reasonable attorney fees to the prevailing party.
(4) An action under this section must be brought within 2 years from the date the alleged violation is or should have been discovered.
(5) Except as specifically provided in this section, there is no remedy or recovery available to individuals, in law or in equity, for occurrences constituting a violation of any provision of this chapter.
History: En. Sec. 22, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 10, Ch. 341, L. 2001.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 19. Insurance Information and Privacy Protection › Part 4. Enforcement › 33-19-408. Immunity

33-19-408. Immunity.
A cause of action or claim for relief in the nature of defamation, invasion of privacy, or negligence does not arise against any person for disclosing personal or privileged information in accordance with this chapter, nor does such a cause of action or claim for relief arise against any person for furnishing personal or privileged information to an insurance institution, insurance producer, or insurance-support organization. However, this section does not provide immunity for disclosing or furnishing false information with malice or willful intent to injure any person.
History: En. Sec. 23, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 19. Insurance Information and Privacy Protection › Part 4. Enforcement › 33-19-409. Obtaining information under false pretenses

33-19-409. Obtaining information under false pretenses.
Any person who knowingly and willfully obtains information about an individual from an insurance institution, insurance producer, or insurance-support organization under false pretenses shall be fined not more than $10,000 or imprisoned for not more than 1 year, or both.
History: En. Sec. 24, Ch. 580, L. 1981; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-101. Scope

33-20-101. Scope.
(1) Except as provided in subsection (2), parts 1 through 5 of this chapter apply only to contracts of life insurance and annuities, other than reinsurance, group life insurance, and group annuities.
(2) Sections 33-20-114, 33-20-131, and 33-20-150 also apply to group life insurance, and 33-20-114, 33-20-124, and 33-20-150 also apply to group annuities.
History: En. Sec. 295, Ch. 286, L. 1959; R.C.M. 1947, 40-3801; amd. Sec. 149, Ch. 575, L. 1981; amd. Sec. 6, Ch. 699, L. 1991; amd. Sec. 22, Ch. 451, L. 1993; amd. Sec. 28, Ch. 531, L. 1997; amd. Sec. 2, Ch. 76, L. 1999; amd. Sec. 24, Ch. 380, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-102. Industrial life insurance defined

33-20-102. Industrial life insurance defined.
For the purposes of this code, industrial life insurance is that form of life insurance written under policies of face amount of $2,000 or less bearing the words "industrial policy" imprinted on the face thereof as part of the descriptive matter and under which premiums are payable monthly or more often.
History: En. Sec. 296, Ch. 286, L. 1959; amd. Sec. 1, Ch. 30, L. 1969; R.C.M. 1947, 40-3802.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-103. Standard provisions required -- exceptions

33-20-103. Standard provisions required -- exceptions.
(1) A policy of life insurance, other than group and pure endowments with or without return of premiums or of premiums and interest, may not be delivered or issued for delivery in this state unless it contains in substance all of the applicable provisions as required by 33-20-104 through 33-20-108, 33-20-110 through 33-20-116, and 33-20-131.
(2) This section does not apply to annuity contracts or to any provision of a life insurance policy, or contract supplemental to an annuity contract or life insurance policy, relating to disability benefits or to additional benefits in the event of death by accident or accidental means. However, the provisions of 33-20-114 do apply to annuity contracts.
(3) Any provision or portions of a provision not applicable to single premium or term policies may not to that extent be incorporated in single premium or term policies.
History: En. Sec. 297, Ch. 286, L. 1959; R.C.M. 1947, 40-3803; amd. Sec. 83, Ch. 370, L. 1987; amd. Sec. 25, Ch. 380, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-104. Grace period

33-20-104. Grace period.
There shall be a provision that a grace period of 30 days or, at the option of the insurer, of 1 month of not less than 30 days or of 4 weeks in the case of industrial life insurance policies, the premiums for which are payable more frequently than monthly, shall be allowed within which the payment of any premium after the first may be made, during which period of grace the policy shall continue in full force; but if a claim arises under the policy during such period of grace, the amount of any premium due or overdue may be deducted from the policy proceeds.
History: En. Sec. 298, Ch. 286, L. 1959; R.C.M. 1947, 40-3804.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-105. Incontestability

33-20-105. Incontestability.
(1) There must be a provision that the policy, exclusive of provisions relating to disability benefits or to additional benefits in the event of death by accident or accidental means, is incontestable, except for nonpayment of premiums, after the policy has been in force during the lifetime of the insured for a period of 2 years from the policy date of issue.
(2) (a) Life insurance coverage issued as the result of an exchange or a conversion of existing life insurance coverage with the same insurer or its subsidiaries is incontestable, except for nonpayment of premiums, under the following conditions:
(i) the person who is covered is alive; and
(ii) the policy that is being exchanged or converted has been in effect for 2 years from the date of issue.
(b) This subsection (2) does not apply to any amount of insurance provided by the new policy that exceeds the coverage amount that was exchanged or converted.
History: En. Sec. 299, Ch. 286, L. 1959; R.C.M. 1947, 40-3805; amd. Sec. 26, Ch. 380, L. 2003; amd. Sec. 23, Ch. 469, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-106. Entire contract

33-20-106. Entire contract.
There shall be a provision that the policy, or the policy and the application therefor if a copy of such application is endorsed upon or attached to the policy when issued, shall constitute the entire contract between the parties and, if the application is so made a part of the policy, that all statements contained in the application shall, in the absence of fraud, be deemed representations and not warranties.
History: En. Sec. 300, Ch. 286, L. 1959; R.C.M. 1947, 40-3806.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-107. Misstatement of age

33-20-107. Misstatement of age.
There shall be a provision that if the age of the insured or of any other person whose age is considered in determining the premium has been misstated, any amount payable or benefit accruing under the policy shall be such as the premium would have purchased at the correct age or ages.
History: En. Sec. 301, Ch. 286, L. 1959; R.C.M. 1947, 40-3807.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-108. Dividends

33-20-108. Dividends.
(1) There shall be a provision in participating policies that, beginning not later than the end of the third policy year, the insurer shall annually ascertain and apportion the divisible surplus, if any, that will accrue on the policy anniversary or other dividend date specified in the policy, provided the policy is in force and all premiums to that date are paid.
(2) Except as hereinafter provided, any dividend becoming payable shall at the option of the party entitled to elect such option be either:
(a) payable in cash; or
(b) applied to any one of such other dividend options as may be provided by the policy.
(3) If any such other dividend options are provided, the policy shall further state which option shall be automatically effective if such party shall not have elected some other option. If the policy specifies a period within which such other dividend option may be elected, such period shall be not less than 30 days following the date on which such dividend is due and payable.
(4) The annually apportioned dividend shall be deemed to be payable in cash within the meaning of subsection (2)(a) above even though the policy provides that payment of such dividend is to be deferred for a specified period, provided such period does not exceed 6 years from the date of apportionment and that interest will be added to such dividend at a specified rate.
(5) If a participating policy provides that the benefit under any paid-up nonforfeiture provision is to be participating, it may provide that any divisible surplus becoming payable or apportioned while the insurance is in force under such nonforfeiture provision shall be applied in the manner set forth in the policy.
(6) In participating industrial life insurance policies, in lieu of the provision required in subsections (1) through (5) above, there shall be a provision that, beginning not later than the end of the fifth policy year, the policy shall participate annually in the divisible surplus, if any, in the manner set forth in the policy.
History: En. Sec. 302, Ch. 286, L. 1959; R.C.M. 1947, 40-3808.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-110. Table of values

33-20-110. Table of values.
There shall be a table showing in figures the loan value, if required under 33-20-131, and the cash surrender values and nonforfeiture benefits in accordance with 33-20-202(1)(e), either during the first 20 policy years or during the term of the policy, whichever is shorter.
History: En. Sec. 304, Ch. 286, L. 1959; R.C.M. 1947, 40-3810.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-111. Table of installments

33-20-111. Table of installments.
In case the policy provides that the proceeds may be payable in installments which are determinable at issue of the policy, there shall be a table showing the amounts of the guaranteed installments.
History: En. Sec. 305, Ch. 286, L. 1959; R.C.M. 1947, 40-3811.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-112. Reinstatement

33-20-112. Reinstatement.
There shall be a provision that the policy will be reinstated at any time within 3 years, or 2 years in the case of industrial life insurance policies, from the date of premium default upon written application therefor, the production of evidence of insurability satisfactory to the insurer, the payment of all premiums in arrears, and the payment or reinstatement of any other indebtedness to the insurer upon the policy, with interest on all premiums in arrears at a rate not exceeding 6% per annum compounded annually and with interest on any indebtedness at a rate as provided in 33-20-132 through 33-20-136, unless:
(1) the policy has been surrendered for its cash surrender value;
(2) its cash surrender value has been exhausted; or
(3) the paid-up term insurance, if any, has expired.
History: En. Sec. 306, Ch. 286, L. 1959; R.C.M. 1947, 40-3812; amd. Sec. 7, Ch. 191, L. 1985.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-113. Payment of premiums

33-20-113. Payment of premiums.
There shall be a provision relative to the payment of premiums.
History: En. Sec. 307, Ch. 286, L. 1959; R.C.M. 1947, 40-3813.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-114. Payment of claims -- interest

33-20-114. Payment of claims -- interest.
(1) There must be a provision, which may be made by endorsement, that when a claim is made upon the death of the insured, settlement must be made upon receipt of proof of death and, at the insurer's option, surrender of the policy or proof of the interest of the claimant, or both.
(2) There must be a provision, which may be made by endorsement, that settlement must be made within 60 days of receipt of proof of death and that if settlement is made after the first 30 days, the settlement must include interest from the 30th day until settlement. Interest must be paid at the monthly average discount rate on 90-day AA asset-backed commercial paper in effect at the federal reserve bank in the ninth federal reserve district at the time of proof of death or at the rate stated in the policy, whichever is greater. The settlement period and interest provisions of this subsection apply to all claims upon deaths filed with an insurer, regardless of whether those provisions are included in the policy.
History: En. Sec. 308, Ch. 286, L. 1959; R.C.M. 1947, 40-3814; amd. Sec. 1, Ch. 469, L. 1985; amd. Sec. 27, Ch. 380, L. 2003; amd. Sec. 15, Ch. 63, L. 2015.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-115. Beneficiary -- industrial policies

33-20-115. Beneficiary -- industrial policies.
(1) An industrial life insurance policy shall have the name of the beneficiary designated thereon with a reservation of the right to designate or change the beneficiary after the issuance of the policy.
(2) The policy may also provide that no designation or change of beneficiary shall be binding on the insurer until endorsed on the policy by the insurer and that the insurer may refuse to endorse the name of any proposed beneficiary who does not appear to the insurer to have an insurable interest in the life of the insured.
(3) The policy may also provide that if the beneficiary designated in the policy does not make a claim under the policy or does not surrender the policy with due proof of death within the period stated in the policy, which shall not be less than 30 days after the death of the insured, or if the beneficiary is the estate of the insured or is a minor or dies before the insured or is not legally competent to give a valid release, then the insurer may make any payment thereunder to the personal representative of the insured or to any relative of the insured by blood or legal adoption or connection by marriage or to any person appearing to the insurer to be equitably entitled thereto by reason of having been named beneficiary or by reason of having incurred expense for the maintenance, medical attention, or burial of the insured.
(4) The policy may also include a similar provision applicable to any other payment due under the policy.
(5) The provisions of 33-20-114(2) shall be incorporated into an industrial life insurance policy and are applicable as set out in that subsection.
History: En. Sec. 309, Ch. 286, L. 1959; R.C.M. 1947, 40-3815; amd. Sec. 150, Ch. 575, L. 1981; amd. Sec. 2, Ch. 469, L. 1985.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-116. Title

33-20-116. Title.
There shall be a title on the policy, briefly describing the same.
History: En. Sec. 310, Ch. 286, L. 1959; R.C.M. 1947, 40-3816.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-117. Nonforfeiture rights -- policies issued before operative date

33-20-117. Nonforfeiture rights -- policies issued before operative date.
(1) This section applies only to policies of life insurance issued prior to the operative date of 33-20-213.
(2) In the event of default in payment of any premium due on any policy, if not less than 3 full years' premiums have been paid, there must be secured to the insured, without action on the insured's part, either paid-up or extended insurance as specified in the policy, the net value of which must be at least equal to the entire net reserve held by the insurer of the policy, less 2 1/2% of the amount insured by the policy and dividend additions, if any, and less any outstanding indebtedness to the insurer on the policy at the time of default. There must be secured to the insured the right to surrender the policy to the insurer at its home office within 1 month after the date of default for cash value otherwise available for the purchase of the paid-up or extended insurance.
History: En. Sec. 326, Ch. 286, L. 1959; R.C.M. 1947, 40-3832; amd. Sec. 1211, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-118. Contestability -- excluded or restricted coverage

33-20-118. Contestability -- excluded or restricted coverage.
A clause in any policy of life insurance providing that such policy shall be incontestable after a specified period shall preclude only a contest of the validity of the policy and shall not preclude the assertion at any time of defenses based upon provisions in the policy which exclude or restrict coverage, whether or not such restrictions or exclusions are excepted in such clause.
History: En. Sec. 311, Ch. 286, L. 1959; R.C.M. 1947, 40-3817.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-119. Incontestability -- limitation on liability after reinstatement of life insurance or annuity

33-20-119. Incontestability -- limitation on liability after reinstatement of life insurance or annuity.
(1) A reinstated policy of life insurance or annuity contract may be contested on account of fraud or misrepresentation of facts material to the reinstatement only for the same period following reinstatement and with the same conditions and exceptions as the policy provides with respect to contestability after original issuance.
(2) When any life insurance policy or annuity contract is reinstated, such reinstated policy or contract may exclude or restrict liability to the same extent that such liability might have been or was excluded or restricted when the policy or contract was originally issued, and such exclusion or restriction shall be effective from the date of reinstatement.
History: En. Sec. 322, Ch. 286, L. 1959; R.C.M. 1947, 40-3828.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-120. Policy settlements -- holding proceeds -- indebtedness deducted from proceeds

33-20-120. Policy settlements -- holding proceeds -- indebtedness deducted from proceeds.
(1) Any life insurer shall have the power to hold under agreement the proceeds of any policy issued by it, upon such terms and restrictions as to revocation by the policyholder and control by beneficiaries and with such exemptions from the claims of creditors of beneficiaries other than the policyholder as set forth in the policy or as agreed to in writing by the insurer and the policyholder. Upon maturity of a policy, in the event the policyholder has made no such agreement, the insurer shall have the power to hold the proceeds of the policy under an agreement with the beneficiaries. The insurer shall not be required to segregate the funds so held but may hold them as part of its general assets.
(2) In determining the amount due under any life insurance policy heretofore or hereafter issued, deduction may be made of:
(a) any unpaid premiums or installments thereof for the current policy year due under the terms of the policy; and
(b) the amount of principal and accrued interest of any policy loan or other indebtedness against the policy then remaining unpaid.
History: En. Secs. 323, 324, Ch. 286, L. 1959; R.C.M. 1947, 40-3829, 40-3830.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-121. Prohibited provisions -- limitations on liability

33-20-121. Prohibited provisions -- limitations on liability.
(1) A policy of life insurance may not be delivered or issued for delivery in this state if it contains a provision:
(a) for a period shorter than that provided by statute within which an action at law or in equity may be commenced on the policy; or
(b) that excludes or restricts liability for death caused in a certain specified manner or occurring while the insured has a specified status, except that a policy may contain provisions excluding or restricting coverage as specified in the policy in the event of death:
(i) as a result, directly or indirectly, of war, declared or undeclared, or of action by military forces or of an act or hazard of war or action or of service in the military, naval, or air forces or in civilian forces auxiliary to those military forces or from any cause while a member of military, naval, or air forces of a country at war, declared or undeclared, or of a country engaged in military action;
(ii) as a result of aviation, air travel, or flight;
(iii) as a result of a specified hazardous occupation or occupations;
(iv) while the insured is a resident outside the continental United States and Canada; or
(v) within 2 years from the date of issue of the policy as a result of suicide. If a life insurance policy contains a dependent rider, the dependent coverage may be continued upon payment of the premium for the dependent rider.
(2) A policy that contains an exclusion or restriction pursuant to subsection (1) must also provide that in the event of death under the circumstances to which the exclusion or restriction is applicable, the insurer will pay an amount not less than a reserve determined according to the commissioner's reserve valuation method on the basis of the mortality table and interest rate specified in the policy for the calculation of nonforfeiture benefits or, if the policy does not provide for nonforfeiture benefits, computed according to a mortality table and interest rate determined by the insurer and specified in the policy or by any other method more favorable to the policyholder, with adjustment for indebtedness or dividend credit.
(3) This section does not apply to industrial life insurance, group life insurance, disability insurance, reinsurance, or annuities or to a provision in a life insurance policy relating to disability benefits or to additional benefits in the event of death by accident or accidental means.
(4) This section does not prohibit a provision that in the opinion of the commissioner is more favorable to the policyholder than a provision permitted by this section.
History: En. Sec. 320, Ch. 286, L. 1959; R.C.M. 1947, 40-3826; amd. Sec. 28, Ch. 198, L. 1979; amd. Sec. 7, Ch. 699, L. 1991; amd. Sec. 23, Ch. 451, L. 1993; amd. Sec. 6, Ch. 490, L. 1997; amd. Sec. 38, Ch. 472, L. 1999.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-122. Prohibited provisions -- industrial life insurance

33-20-122. Prohibited provisions -- industrial life insurance.
No policy of industrial life insurance shall contain any of the following provisions:
(1) a provision by which the insurer may deny liability under the policy for the reason that the insured has previously obtained other insurance from the same insurer;
(2) a provision giving the insurer the right to declare the policy void because the insured has had any disease or ailment, whether specified or not, or because the insured has received institutional, hospital, medical, or surgical treatment or attention, except a provision which gives the insurer the right to declare the policy void if the insured has, within 2 years prior to the issuance of the policy, received institutional, hospital, medical, or surgical treatment or attention and if the insured or claimant under the policy fails to show that the condition occasioning such treatment or attention was not of a serious nature or was not material to the risk;
(3) a provision giving the insurer the right to declare the policy void because the insured has been rejected for insurance, unless such right be conditioned upon a showing by the insurer that knowledge of such rejection would have led to a refusal by the insurer to make such contract.
History: En. Sec. 321, Ch. 286, L. 1959; R.C.M. 1947, 40-3827.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-123. Prohibited policy plans -- life insurance policies or annuity contracts

33-20-123. Prohibited policy plans -- life insurance policies or annuity contracts.
(1) No insurer shall issue for delivery or deliver in this state any life insurance policy or annuity contract issued under any plan for the segregation of policyholders into mathematical groups and providing benefits for a surviving policyholder of a group arising out of the death of another policyholder of such group or under any other similar plan.
(2) No insurer shall issue for delivery or deliver in this state any life insurance policy or annuity contract providing benefits or values for surviving or continuing policyholders contingent upon the lapse or termination of the policies of other policyholders, whether by death or otherwise. This provision shall not be deemed to prohibit the payment or allowance of regular annual dividends or "savings" under participating forms of policies or contracts or prohibit the annual distribution to policyholders or beneficiaries of sums representing in part gains to the insurer from lapses, surrenders, or mortality either in general or as resulting from particular classifications of policies.
History: En. Sec. 327, Ch. 286, L. 1959; R.C.M. 1947, 40-3833.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-124. Policy provisions -- conformity with state statutes

33-20-124. Policy provisions -- conformity with state statutes.
Each policy regulated by this part must contain a provision or the equivalent thereto as follows:
"Conformity with Montana statutes. The provisions of this policy conform to the minimum requirements of Montana law and control over any conflicting statutes of any state in which the insured resides on or after the effective date of this policy."
History: En. Sec. 22, Ch. 798, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-127. Life insurance policy with long-term care provision or accelerated benefits provision -- summary required

33-20-127. Life insurance policy with long-term care provision or accelerated benefits provision -- summary required.
At the time of policy delivery, a summary must be delivered to the insured for an individual life insurance policy that provides accelerated benefits within the policy or by rider. An individual life insurance policy that provides long-term care benefits must provide a summary as described in 33-22-1123. In the case of direct response solicitations, the insurer shall deliver the summary upon the applicant's request but not later than the time of policy delivery. In addition to complying with all applicable requirements, the summary must also include:
(1) an explanation of how the long-term care benefits or accelerated benefits interact with other components of the policy, including deductions from death benefits;
(2) an illustration of the amount of benefits, the length of benefits, and the guaranteed lifetime benefits, if any, for each covered person;
(3) any exclusions, reductions, and limitations of long-term care benefits and accelerated benefits; and
(4) if applicable to the policy type:
(a) a disclosure of the effects of exercising other rights under the policy;
(b) a disclosure of guaranties related to long-term care costs of insurance charges; and
(c) current and projected maximum lifetime benefits.
History: En. Sec. 3, Ch. 152, L. 1991; amd. Sec. 24, Ch. 451, L. 1993; amd. Sec. 1, Ch. 32, L. 2007.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-128. Life insurance policy paying long-term benefits -- monthly report

33-20-128. Life insurance policy paying long-term benefits -- monthly report.
When a long-term care benefit, funded through a life insurance vehicle by the acceleration of the death benefit, is in benefit payment status, a monthly report must be provided to the policyholder as provided for in 33-22-1123 and this section. The report must include the following information for the month for which the report is issued:
(1) the amount of long-term care benefits paid out during the month;
(2) an explanation of any changes in the policy, including without limitation death benefits or cash values, resulting from long-term care benefits having been paid out; and
(3) the amount of long-term care benefits existing or remaining.
History: En. Sec. 4, Ch. 152, L. 1991; amd. Sec. 2, Ch. 416, L. 1997; amd. Sec. 2, Ch. 32, L. 2007.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-132. Variable policy loan interest rates -- purpose

33-20-132. Variable policy loan interest rates -- purpose.
The purpose of 33-20-132 through 33-20-136 is to permit and set guidelines for life insurers to include in life insurance policies issued after October 1, 1985, a provision for periodic adjustment of policy loan interest rates.
History: En. Sec. 1, Ch. 191, L. 1985.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-133. Variable interest rates -- exclusions from application

33-20-133. Variable interest rates -- exclusions from application.
The provisions of 33-20-132 through 33-20-136 do not apply to:
(1) term policies;
(2) term insurance benefits provided by rider or supplemental policy provisions; or
(3) industrial life insurance policies except as provided in 33-20-112.
History: En. Sec. 2, Ch. 191, L. 1985.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-134. Variable interest rates -- published monthly average defined

33-20-134. Variable interest rates -- published monthly average defined.
For purposes of 33-20-132 through 33-20-136, the "published monthly average" means:
(1) Moody's corporate bond yield average--monthly average corporates, as published by Moody's investors service, incorporated; or
(2) in the event that Moody's corporate bond yield average--monthly average corporates is no longer published, a substantially similar average, established by rule of the commissioner.
History: En. Sec. 3, Ch. 191, L. 1985.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 20. Life Insurance › Part 1. Policy Provisions › 33-20-136. Variable interest rates -- applicability to policies issued before October 1985

33-20-136. Variable interest rates -- applicability to policies issued before October 1985.
The provisions of 33-20-132 through 33-20-135 do not apply to any insurance contract issued before October 1, 1985, unless the policyholder agrees in writing to the applicability of such provisions.
History: En. Sec. 5, Ch. 191, L. 1985.