reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-517. Repealed

33-7-517. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 647, Ch. 286, L. 1959; R.C.M. 1947, 40-5334.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-518. Repealed

33-7-518. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 663, Ch. 286, L. 1959; R.C.M. 1947, 40-5350.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-519. Repealed

33-7-519. Repealed.
Sec. 41, Ch. 586, L. 1991.
History: En. Sec. 664, Ch. 286, L. 1959; R.C.M. 1947, 40-5351; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 35, Ch. 798, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-520. Benefits

33-7-520. Benefits.
(1) A society may provide the following contractual benefits in any form:
(a) death benefits;
(b) endowment benefits;
(c) annuity benefits;
(d) temporary or permanent disability benefits;
(e) hospital, medical, or nursing benefits;
(f) monument or tombstone benefits to the memory of deceased members; and
(g) other benefits authorized for life insurers that are not inconsistent with this chapter.
(2) A society shall specify in its rules those persons who may be issued or covered by the contractual benefits in subsection (1), consistent with providing benefits to members and their dependents. A society may provide benefits on the lives of children under the minimum age for adult membership upon application of an adult person.
History: En. Sec. 16, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-521. Beneficiaries

33-7-521. Beneficiaries.
(1) The owner of a benefit contract may change the beneficiary or beneficiaries in accordance with the laws or rules of the society unless the owner waives this right by specifically requesting in writing that the beneficiary designation be irrevocable. A society may, through its laws or rules, limit the scope of beneficiary designations and shall provide that a revocable beneficiary may not have or obtain a vested interest in the proceeds of a certificate until the certificate becomes due and payable under the provisions of the benefit contract.
(2) A society may make provision for the payment of funeral benefits of up to $500 under a certificate due to a person equitably entitled to payment for the burial of a member.
(3) If, at the death of any person insured under a benefit contract, there is no lawful beneficiary to whom the proceeds are payable, the amount of the benefit, except to the extent that funeral benefits may be paid as provided in subsection (2), is payable to the estate of the deceased. If the owner of the certificate is a person other than the insured, the proceeds are payable to the owner.
History: En. Sec. 17, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-522. Benefits not attachable

33-7-522. Benefits not attachable.
Money or other benefits, charity, relief, or aid to be paid, provided, or rendered by a society is not liable to attachment, garnishment, or other process and may not be seized, taken, appropriated, or applied by any legal or equitable process or operation of law to pay any debt or liability of a member, a beneficiary, or any other person who may have a right to the benefit, either before or after payment by the society.
History: En. Sec. 18, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-524. Nonforfeiture benefits, cash surrender values, certificate loans, and other options

33-7-524. Nonforfeiture benefits, cash surrender values, certificate loans, and other options.
(1) For certificates issued prior to July 1, 1993, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan, or other option granted must comply with the provisions of law applicable immediately prior to July 1, 1992.
(2) For certificates issued on or after July 1, 1993, for which reserves are computed on the commissioner of insurance's 1941 standard ordinary mortality table, the commissioner's 1941 standard industrial mortality table, the commissioner's 1958 standard ordinary mortality table, the commissioner's 1980 standard mortality table, or any more recent table made applicable to life insurers, every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan, or other option granted may not be less than the corresponding amount ascertained in accordance with the laws of this state applicable to life insurers issuing policies containing similar benefits based upon the tables.
History: En. Sec. 20, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-525. Insurance producer defined -- fraternal benefit society insurance contracts

33-7-525. Insurance producer defined -- fraternal benefit society insurance contracts.
(1) The term "insurance producer", as used in this chapter, means any authorized or acknowledged insurance producer of a society who acts as an insurance producer in the solicitation, negotiation, or sale of a life insurance, accident and health insurance, or annuity contract.
(2) The term does not include any regular salaried officer or employee of a licensed society who devotes substantially all of the officer's or employee's services to activities other than the solicitation of fraternal insurance contracts from the public and who receives for the solicitation of the contracts no commission or other compensation directly dependent upon the amount of business obtained.
History: En. Sec. 657, Ch. 286, L. 1959; R.C.M. 1947, 40-5344(2); amd. Sec. 15, Ch. 303, L. 1981; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 8, Ch. 427, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-526. Repealed

33-7-526. Repealed.
Sec. 69, Ch. 472, L. 1999.
History: En. Secs. 657, 658, Ch. 286, L. 1959; R.C.M. 1947, 40-5344(1), 40-5345; amd. Sec. 16, Ch. 303, L. 1981; amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-527. Repealed

33-7-527. Repealed.
Sec. 29, Ch. 303, L. 1981.
History: En. Sec. 659, Ch. 286, L. 1959; R.C.M. 1947, 40-5346.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-528. Repealed

33-7-528. Repealed.
Sec. 29, Ch. 303, L. 1981.
History: En. Sec. 660, Ch. 286, L. 1959; R.C.M. 1947, 40-5347.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-529. Repealed

33-7-529. Repealed.
Sec. 29, Ch. 303, L. 1981.
History: En. Sec. 662, Ch. 286, L. 1959; R.C.M. 1947, 40-5349.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-530. Repealed

33-7-530. Repealed.
Sec. 29, Ch. 303, L. 1981.
History: En. Sec. 661, Ch. 286, L. 1959; R.C.M. 1947, 40-5348.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-531. Foreign or alien society -- admission

33-7-531. Foreign or alien society -- admission.
(1) A foreign or alien society may not transact business in this state without a license issued by the commissioner of insurance. A foreign or alien society desiring admission to this state shall comply substantially with the requirements and limitations of this chapter applicable to domestic societies. A society may be licensed to transact business in this state upon filing with the commissioner:
(a) a certified copy of its articles of incorporation;
(b) a copy of its bylaws, certified by its secretary or corresponding officer;
(c) a statement of its business, under oath of its president and secretary or corresponding officers, in a form prescribed by the commissioner, verified by an examination made by the supervising insurance official of its home state or other state, district, territory, province, or country satisfactory to the commissioner of this state;
(d) certification from the proper official of its home state, district, territory, province, or country that the society is legally incorporated and licensed to transact business in that jurisdiction;
(e) copies of its certificate forms; and
(f) other information the commissioner considers necessary.
(2) A foreign or alien society applying for authority to transact business in this state must have the qualifications required of domestic societies organized under this chapter.
History: En. Sec. 29, Ch. 586, L. 1991; amd. Sec. 14, Ch. 157, L. 2023.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-532. Insurance producer licensing -- fraternal benefit society

33-7-532. Insurance producer licensing -- fraternal benefit society.
(1) A society's insurance producer is considered to be an insurance producer and is subject to the same licensing requirements as insurance producers under Title 33, chapter 17.
(2) A society doing business in this state may not pay to a person who is not a licensed insurance producer of the society any commission or other compensation for any services in obtaining in this state any new contract of life, accident, or health insurance or any new annuity contract.
History: En. Sec. 33, Ch. 586, L. 1991; amd. Sec. 9, Ch. 427, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 7. Fraternal Benefit Societies › Part 5. Insurance Operations › 33-7-533. Unfair methods of competition and unfair or deceptive acts and practices

33-7-533. Unfair methods of competition and unfair or deceptive acts and practices.
A society authorized to do business in this state and its insurance producers are subject to the provisions of chapter 18 that relate to unfair or deceptive trade practices. However, nothing in chapter 18 may be construed as applying to or affecting the right of a society to determine its eligibility requirements for membership or be construed as applying to or affecting the offering of benefits exclusively to members or persons eligible for membership in the society by a subsidiary corporation or affiliated organization of the society.
History: En. Sec. 34, Ch. 586, L. 1991.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-101. Terminated

33-8-101. Terminated.
Sec. 1, Ch. 134, L. 1979.
History: En. 40-6001 by Sec. 1, Ch. 246, L. 1977; R.C.M. 1947, 40-6001.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-102. Terminated

33-8-102. Terminated.
Sec. 1, Ch. 134, L. 1979.
History: En. 40-6002 by Sec. 2, Ch. 246, L. 1977; R.C.M. 1947, 40-6002.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-103. Terminated

33-8-103. Terminated.
Sec. 1, Ch. 134, L. 1979.
History: En. 40-6003 by Sec. 3, Ch. 246, L. 1977; R.C.M. 1947, 40-6003(1) thru (4).
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-104. Terminated

33-8-104. Terminated.
Sec. 1, Ch. 134, L. 1979.
History: En. 40-6003 by Sec. 3, Ch. 246, L. 1977; R.C.M. 1947, 40-6003(5).
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-105. Terminated

33-8-105. Terminated.
Sec. 1, Ch. 134, L. 1979.
History: En. 40-6003 by Sec. 3, Ch. 246, L. 1977; R.C.M. 1947, 40-6003(6).
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-106. Terminated

33-8-106. Terminated.
Sec. 1, Ch. 134, L. 1979.
History: En. 40-6004 by Sec. 4, Ch. 246, L. 1977; R.C.M. 1947, 40-6004(1).
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-107. Terminated

33-8-107. Terminated.
Sec. 1, Ch. 134, L. 1979.
History: En. 40-6004 by Sec. 4, Ch. 246, L. 1977; R.C.M. 1947, 40-6004(2)(a) thru (2)(e).
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-108. Terminated

33-8-108. Terminated.
Sec. 1, Ch. 134, L. 1979.
History: En. 40-6004 by Sec. 4, Ch. 246, L. 1977; R.C.M. 1947, 40-6004(2)(f).
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-109. Terminated

33-8-109. Terminated.
Sec. 1, Ch. 134, L. 1979.
History: En. 40-6005 by Sec. 5, Ch. 246, L. 1977; R.C.M. 1947, 40-6005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-110. Terminated

33-8-110. Terminated.
Sec. 1, Ch. 134, L. 1979.
History: En. 40-6006 by Sec. 6, Ch. 246, L. 1977; R.C.M. 1947, 40-6006.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-111. Terminated

33-8-111. Terminated.
Sec. 1, Ch. 134, L. 1979.
History: En. 40-6007 by Sec. 7, Ch. 246, L. 1977; R.C.M. 1947, 40-6007.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-112. Terminated

33-8-112. Terminated.
Sec. 1, Ch. 134, L. 1979.
History: En. 40-6008 by Sec. 8, Ch. 246, L. 1977; R.C.M. 1947, 40-6008.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-113. Terminated

33-8-113. Terminated.
Sec. 1, Ch. 134, L. 1979.
History: En. 40-6009 by Sec. 9, Ch. 246, L. 1977; R.C.M. 1947, 40-6009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-114. Terminated

33-8-114. Terminated.
Sec. 1, Ch. 134, L. 1979.
History: En. 40-6010 by Sec. 10, Ch. 246, L. 1977; R.C.M. 1947, 40-6010.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-115. Terminated

33-8-115. Terminated.
Sec. 1, Ch. 404, L. 1987.
History: En. Sec. 1, Ch. 301, L. 1985.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-116. Terminated

33-8-116. Terminated.
Sec. 1, Ch. 404, L. 1987.
History: En. Sec. 2, Ch. 301, L. 1985.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-117. Terminated

33-8-117. Terminated.
Sec. 1, Ch. 404, L. 1987.
History: En. Sec. 3, Ch. 301, L. 1985.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-118. Terminated

33-8-118. Terminated.
Sec. 1, Ch. 404, L. 1987.
History: En. Sec. 4, Ch. 301, L. 1985.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-119. Terminated

33-8-119. Terminated.
Sec. 1, Ch. 404, L. 1987.
History: En. Sec. 5, Ch. 301, L. 1985.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-120. Terminated

33-8-120. Terminated.
Sec. 1, Ch. 404, L. 1987.
History: En. Sec. 6, Ch. 301, L. 1985.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-121. Terminated

33-8-121. Terminated.
Sec. 1, Ch. 404, L. 1987.
History: En. Sec. 7, Ch. 301, L. 1985.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-122. Terminated

33-8-122. Terminated.
Sec. 1, Ch. 404, L. 1987.
History: En. Sec. 8, Ch. 301, L. 1985.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-123. Terminated

33-8-123. Terminated.
Sec. 1, Ch. 404, L. 1987.
History: En. Sec. 9, Ch. 301, L. 1985.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 1. Medical Liability (Terminated) › 33-8-124. Terminated

33-8-124. Terminated.
Sec. 1, Ch. 404, L. 1987.
History: En. Sec. 10, Ch. 301, L. 1985.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 2. Montana Insurance Assistance Plan (Terminated) › 33-8-201. Terminated

33-8-201. Terminated.
Sec. 22, Ch. 11, Sp. L. March 1986.
History: En. Sec. 1, Ch. 11, Sp. L. March 1986.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 2. Montana Insurance Assistance Plan (Terminated) › 33-8-202. Terminated

33-8-202. Terminated.
Sec. 22, Ch. 11, Sp. L. March 1986.
History: En. Sec. 2, Ch. 11, Sp. L. March 1986.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 2. Montana Insurance Assistance Plan (Terminated) › 33-8-203. Terminated

33-8-203. Terminated.
Sec. 22, Ch. 11, Sp. L. March 1986.
History: En. Sec. 3, Ch. 11, Sp. L. March 1986.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 2. Montana Insurance Assistance Plan (Terminated) › 33-8-204. Terminated

33-8-204. Terminated.
Sec. 22, Ch. 11, Sp. L. March 1986.
History: En. Sec. 15, Ch. 11, Sp. L. March 1986.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 2. Montana Insurance Assistance Plan (Terminated) › 33-8-205. Terminated

33-8-205. Terminated.
Sec. 22, Ch. 11, Sp. L. March 1986.
History: En. Sec. 16, Ch. 11, Sp. L. March 1986.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 2. Montana Insurance Assistance Plan (Terminated) › 33-8-211. Terminated

33-8-211. Terminated.
Sec. 22, Ch. 11, Sp. L. March 1986.
History: En. Sec. 4, Ch. 11, Sp. L. March 1986.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 2. Montana Insurance Assistance Plan (Terminated) › 33-8-212. Terminated

33-8-212. Terminated.
Sec. 22, Ch. 11, Sp. L. March 1986.
History: En. Sec. 5, Ch. 11, Sp. L. March 1986.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 2. Montana Insurance Assistance Plan (Terminated) › 33-8-213. Terminated

33-8-213. Terminated.
Sec. 22, Ch. 11, Sp. L. March 1986.
History: En. Sec. 6, Ch. 11, Sp. L. March 1986; amd. Sec. 16, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 2. Montana Insurance Assistance Plan (Terminated) › 33-8-214. Terminated

33-8-214. Terminated.
Sec. 22, Ch. 11, Sp. L. March 1986.
History: En. Sec. 7, Ch. 11, Sp. L. March 1986.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 2. Montana Insurance Assistance Plan (Terminated) › 33-8-221. Terminated

33-8-221. Terminated.
Sec. 22, Ch. 11, Sp. L. March 1986.
History: En. Sec. 8, Ch. 11, Sp. L. March 1986.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 2. Montana Insurance Assistance Plan (Terminated) › 33-8-222. Terminated

33-8-222. Terminated.
Sec. 22, Ch. 11, Sp. L. March 1986.
History: En. Sec. 9, Ch. 11, Sp. L. March 1986.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 2. Montana Insurance Assistance Plan (Terminated) › 33-8-225. Terminated

33-8-225. Terminated.
Sec. 22, Ch. 11, Sp. L. March 1986.
History: En. Sec. 10, Ch. 11, Sp. L. March 1986.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 2. Montana Insurance Assistance Plan (Terminated) › 33-8-226. Terminated

33-8-226. Terminated.
Sec. 22, Ch. 11, Sp. L. March 1986.
History: En. Sec. 11, Ch. 11, Sp. L. March 1986.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 2. Montana Insurance Assistance Plan (Terminated) › 33-8-227. Terminated

33-8-227. Terminated.
Sec. 22, Ch. 11, Sp. L. March 1986.
History: En. Sec. 12, Ch. 11, Sp. L. March 1986.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 2. Montana Insurance Assistance Plan (Terminated) › 33-8-228. Terminated

33-8-228. Terminated.
Sec. 22, Ch. 11, Sp. L. March 1986.
History: En. Sec. 13, Ch. 11, Sp. L. March 1986.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 8. Insurance Assistance Plans (Terminated) › Part 2. Montana Insurance Assistance Plan (Terminated) › 33-8-231. Terminated

33-8-231. Terminated.
Sec. 22, Ch. 11, Sp. L. March 1986.
History: En. Sec. 14, Ch. 11, Sp. L. March 1986.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 9. Professional Liability Insurance › Part 1. General Provisions › 33-9-101. Definitions

33-9-101. Definitions.
As used in this part, the following definitions apply:
(1) "Health care provider" means any person, corporation, facility, or institution of a governmental unit of any state licensed by that state to provide health care, including but not limited to physician, osteopath, registered nurse, licensed practical nurse, dentist, optometrist, podiatrist, hospital, hospital-related facility, or long-term care facility.
(2) "Other professional" means an attorney, certified public accountant, public accountant, architect, veterinarian, pharmacist, and professional engineer licensed or otherwise legally authorized by a state to render professional services.
History: En. 40-4759 by Sec. 1, Ch. 119, L. 1977; R.C.M. 1947, 40-4759(intro.), (2), (3).
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 9. Professional Liability Insurance › Part 1. General Provisions › 33-9-102. Professionals as members, stockholders, or subscribers of mutual, stock, or reciprocal insurers

33-9-102. Professionals as members, stockholders, or subscribers of mutual, stock, or reciprocal insurers.
A health care provider or other professional may be a member of a mutual insurer, a stockholder of a stock insurer, or a subscriber of a reciprocal insurer, whether the mutual, stock, or reciprocal insurer is domestic, foreign, or alien, for the purpose of protecting the provider or professional by insurance against loss, damage, or expense incident to a claim arising out of a breach of contract, pecuniary or personal injury to or death of any person, or other loss as the result of negligence in rendering professional services by any health care provider or other professional.
History: En. 40-4760 by Sec. 2, Ch. 119, L. 1977; R.C.M. 1947, 40-4760; amd. Sec. 1176, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 9. Professional Liability Insurance › Part 1. General Provisions › 33-9-103. Incorporation and regulation

33-9-103. Incorporation and regulation.
A domestic mutual, stock, or reciprocal insurer, organized for the purpose of transacting insurance business as set forth in 33-9-102, shall organize under the provisions of Title 33 and be regulated as therein provided. The provisions of this part govern whenever in conflict with other laws or parts of laws of any state.
History: En. 40-4761 by Sec. 3, Ch. 119, L. 1977; R.C.M. 1947, 40-4761.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 9. Professional Liability Insurance › Part 1. General Provisions › 33-9-104. Initial qualifications

33-9-104. Initial qualifications.
No original certificate of authority for a mutual, stock, or reciprocal insurer may be issued by the commissioner until applications representing 250 members of the profession under consideration have been received by the commissioner or in the case of health care providers that are hospitals, hospital-related facilities, or long-term care facilities, applications representing 50% of the beds in the state or states affected, and until the commissioner has determined that such insurer or insurers have bona fide applications representing the number of applicants required.
History: En. 40-4762 by Sec. 4, Ch. 119, L. 1977; R.C.M. 1947, 40-4762.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 9. Professional Liability Insurance › Part 1. General Provisions › 33-9-105. Foreign or alien insurers -- certification

33-9-105. Foreign or alien insurers -- certification.
Any mutual, stock, or reciprocal insurer organized under the laws of another state substantially similar to this part for the purpose of transacting the kind of business described in this part may, upon an application and without prior operating experience or examination, be admitted to solicit applications. If the necessary number of applications is obtained, the insurer may do business in this state if the commissioner finds such admission is in the public interest. Thereafter the insurer shall make all reports and be subject to taxation, examination, and supervision by the commissioner to the same extent and in the same manner as are other foreign or alien insurers.
History: En. 40-4763 by Sec. 5, Ch. 119, L. 1977; R.C.M. 1947, 40-4763.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 10. Insurance Guaranty Associations › Part 1. Casualty and Property Insurance Guaranty Associations › 33-10-101. Short title, purpose, scope, and construction

33-10-101. Short title, purpose, scope, and construction.
(1) This part shall be known and may be cited as the "Montana Insurance Guaranty Association Act".
(2) The purpose of this part is to provide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer, to assist in the detection and prevention of insurer insolvencies, and to provide an association to assess the cost of such protection among insurers.
(3) This part shall apply to all kinds of direct insurance, except life, title, surety, disability, credit, mortgage guaranty, and ocean marine insurance.
(4) This part shall be liberally construed to effect the purpose under subsection (2) which shall constitute an aid and guide to interpretation.
History: En. Secs. 1, 2, 3, 4, Ch. 63, L. 1971; R.C.M. 1947, 40-5701, 40-5702, 40-5703, 40-5704; amd. Sec. 3, Ch. 139, L. 1987.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 10. Insurance Guaranty Associations › Part 1. Casualty and Property Insurance Guaranty Associations › 33-10-102. Definitions

33-10-102. Definitions.
As used in this part, the following definitions apply:
(1) "Association" means the Montana insurance guaranty association created under 33-10-103.
(2) (a) "Covered claim" means an unpaid claim, including one for unearned premiums, that arises out of and is within the coverage and not in excess of the applicable limits of an insurance policy to which this part applies issued by an insurer, if the insurer becomes an insolvent insurer after July 1, 1971, and:
(i) the claimant or insured is a resident of this state at the time of the insured event; or
(ii) the property from which the claim arises is permanently located in this state.
(b) Covered claim does not include any amount:
(i) awarded as punitive or exemplary damages;
(ii) sought as a return of premium under a retrospective rating plan; or
(iii) due a reinsurer, insurer, insurance pool, or underwriting association as subrogation recoveries, reinsurance recoveries, contribution, or indemnification. A reinsurer, insurer, insurance pool, or underwriting association may not assert a claim for any amount against the insured of the insolvent insurer other than to the extent that the claim exceeds the policy limits of the insolvent insurer's policy.
(3) "Insolvent insurer" means an insurer:
(a) authorized to transact insurance in this state either at the time the policy was issued or when the insured event occurred; and
(b) against whom an order of liquidation has been entered with a finding of insolvency by a court of competent jurisdiction in the insurer's state of domicile.
(4) "Member insurer" means a person who:
(a) writes any kind of insurance to which this part applies under 33-10-101(3), including the exchange of reciprocal or interinsurance contracts; and
(b) is licensed to transact insurance in this state.
(5) (a) "Net direct written premiums" means direct gross premiums written in this state on insurance policies to which this part applies, less return premiums on the policies and dividends paid or credited to policyholders of policies to which this part applies.
(b) Net direct written premiums does not include premiums on contracts between insurers or reinsurers.
(6) "Person" means any individual, corporation, partnership, association, or voluntary organization.
History: En. Sec. 5, Ch. 63, L. 1971; R.C.M. 1947, 40-5705(1), (3) thru (7); amd. Sec. 24, Ch. 472, L. 1999; amd. Sec. 35, Ch. 227, L. 2001; amd. Sec. 17, Ch. 380, L. 2003.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 10. Insurance Guaranty Associations › Part 1. Casualty and Property Insurance Guaranty Associations › 33-10-103. Creation of the association

33-10-103. Creation of the association.
There is created a nonprofit unincorporated legal entity to be known as the Montana insurance guaranty association. All insurers defined as member insurers shall be and remain members of the association as a condition of their authority to transact insurance in this state. The association shall perform its functions under a plan of operation established and approved under 33-10-106 and shall exercise its powers through a board of directors established under 33-10-104.
History: En. Sec. 6, Ch. 63, L. 1971; R.C.M. 1947, 40-5706.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 10. Insurance Guaranty Associations › Part 1. Casualty and Property Insurance Guaranty Associations › 33-10-104. Board of directors -- commissioner approval -- compensation

33-10-104. Board of directors -- commissioner approval -- compensation.
(1) The board of directors of the association consists of not less than seven or more than nine persons serving terms as established in the plan of operation. Two of the members must be appointed from the public at large by the commissioner. The other members of the board must be member insurers and must be selected by member insurers subject to the approval of the commissioner. Vacancies on the board must be filled for the remaining period of the term in the same manner as initial appointments.
(2) In approving selections to the board, the commissioner shall consider among other things whether all member insurers are fairly represented.
(3) Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors.
History: En. Sec. 7, Ch. 63, L. 1971; R.C.M. 1947, 40-5707(part); amd. Sec. 1, Ch. 65, L. 1995; amd. Sec. 10, Ch. 169, L. 2013.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 10. Insurance Guaranty Associations › Part 1. Casualty and Property Insurance Guaranty Associations › 33-10-106. Plan of operation -- delegation to other organization

33-10-106. Plan of operation -- delegation to other organization.
(1) (a) The association shall submit to the commissioner a plan of operation and any amendments to the plan of operation that are necessary or suitable to ensure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments to the plan become effective upon approval in writing by the commissioner.
(b) If at any time the association fails to submit suitable amendments to the plan, the commissioner shall, after notice and hearing, adopt and promulgate reasonable rules that are necessary or advisable to effectuate the provisions of this part. The rules continue in force until modified by the commissioner or superseded by a plan submitted by the association and approved by the commissioner.
(2) All member insurers shall comply with the plan of operation.
(3) The plan of operation must:
(a) establish the procedures under which all the powers and duties of the association under 33-10-105 and 33-10-116 will be performed;
(b) establish procedures for handling assets of the association;
(c) establish the amount and method of reimbursing members of the board of directors under 33-10-104;
(d) establish procedures by which claims may be filed with the association and establish acceptable forms of proof of covered claims;
(e) establish regular places and times for meetings of the board of directors;
(f) establish procedures for records to be kept of all financial transactions of the association, its insurance producers, and the board of directors;
(g) provide that any member insurer aggrieved by any final action or decision of the association may appeal to the commissioner within 30 days after the action or decision;
(h) establish the procedures under which selections for the board of directors will be submitted to the commissioner;
(i) contain additional provisions necessary or proper for the execution of the powers and duties of the association.
(4) The plan of operation may provide that any or all powers and duties of the association, except those under 33-10-105(3)(b) and 33-10-116, are delegated to a corporation, association, or other organization that performs or will perform functions similar to those of the association or its equivalent in two or more states. A corporation, association, or organization must be reimbursed as a servicing facility would be reimbursed and must be paid for its performance of any other functions of the association. A delegation under this subsection takes effect only with the approval of both the board of directors and the commissioner and may be made only to a corporation, association, or organization that extends protection not substantially less favorable and effective than that provided by this part.
History: En. Sec. 9, Ch. 63, L. 1971; R.C.M. 1947, 40-5709(part); amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 35, Ch. 44, L. 2007.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 10. Insurance Guaranty Associations › Part 1. Casualty and Property Insurance Guaranty Associations › 33-10-107. Tax exemption

33-10-107. Tax exemption.
The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions except taxes levied on real or personal property.
History: En. Sec. 15, Ch. 63, L. 1971; R.C.M. 1947, 40-5715.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 10. Insurance Guaranty Associations › Part 1. Casualty and Property Insurance Guaranty Associations › 33-10-108. Prevention of insolvencies -- directors' and commissioner's action

33-10-108. Prevention of insolvencies -- directors' and commissioner's action.
(1) It is the duty of the board of directors, upon majority vote, to notify the commissioner of any information indicating that any member insurer may be insolvent or in a financial condition hazardous to the policyholders or the public.
(2) The board of directors may, upon majority vote, request that the commissioner order an examination of any member insurer that the board in good faith believes may be in a financial condition hazardous to the policyholders or the public. Within 30 days of the receipt of the request, the commissioner shall begin the examination. The examination may be conducted as a national association of insurance commissioners examination or may be conducted by persons that the commissioner designates. The cost of the examination must be paid by the association, and the examination report must be treated as are other examination reports. The examination report may not be released to the board of directors prior to its release to the public, but this does not preclude the commissioner from complying with subsection (3). The commissioner shall notify the board of directors when the examination is completed. The request for an examination must be kept on file by the commissioner, but it may not be open to public inspection prior to the release of the examination report to the public.
(3) It is the duty of the commissioner to report to the board of directors when the commissioner has reasonable cause to believe that any member insurer examined or being examined at the request of the board of directors may be insolvent or in a financial condition hazardous to the policyholders or the public.
(4) The board of directors may, upon majority vote, make reports and recommendations to the commissioner upon any matter germane to the solvency, liquidation, rehabilitation, or supervision of any member insurer. The reports and recommendations may not be considered public documents.
(5) The board of directors may, upon majority vote, make recommendations to the commissioner for the detection and prevention of insurer insolvencies.
(6) The board of directors shall, at the conclusion of any insurer insolvency in which the association was obligated to pay covered claims, prepare a report on the history and causes of the insolvency, based on the information available to the association, and submit the report to the commissioner.
History: En. Sec. 13, Ch. 63, L. 1971; R.C.M. 1947, 40-5713; amd. Sec. 140, Ch. 575, L. 1981; amd. Sec. 1177, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 10. Insurance Guaranty Associations › Part 1. Casualty and Property Insurance Guaranty Associations › 33-10-109. Notice of insolvencies -- suspension -- other powers and duties of commissioner

33-10-109. Notice of insolvencies -- suspension -- other powers and duties of commissioner.
(1) The commissioner shall:
(a) notify the association of the existence of an insolvent insurer not later than 3 days after the commissioner receives notice of the determination of the insolvency;
(b) upon request of the board of directors, provide the association with a statement of the net direct written premiums of each member insurer.
(2) The commissioner may:
(a) require that the association notify the insureds of the insolvent insurer and any other interested parties of the determination of insolvency and of their rights under this part. The notification must be by mail at their last-known addresses, where available, but if sufficient information for notification by mail is not available, notice by publication in a newspaper of general circulation is sufficient.
(b) suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer that fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative, the commissioner may levy a fine on any member insurer that fails to pay an assessment when due. The fine may not exceed 5% of the unpaid assessment a month, except that a fine may not be less than $100 a month.
(c) revoke the designation of any servicing facility if the commissioner finds claims are being handled unsatisfactorily.
(3) Any final action or order of the commissioner under this part must be subject to judicial review in a court of competent jurisdiction.
History: En. Sec. 10, Ch. 63, L. 1971; R.C.M. 1947, 40-5710; amd. Sec. 1178, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 10. Insurance Guaranty Associations › Part 1. Casualty and Property Insurance Guaranty Associations › 33-10-110. Immunity

33-10-110. Immunity.
There is not any liability on the part of and a cause of action of any nature may not be brought against any member insurer or its agents or employees, the association or the association's agents or employees, the board of directors, or the commissioner or the commissioner's representatives for any action taken by them in the performance of their powers and duties under this part.
History: En. Sec. 17, Ch. 63, L. 1971; R.C.M. 1947, 40-5717; amd. Sec. 1, Ch. 713, L. 1989; amd. Sec. 2, Ch. 29, L. 2005.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 10. Insurance Guaranty Associations › Part 1. Casualty and Property Insurance Guaranty Associations › 33-10-111. Stay of proceedings -- reopening of default judgments

33-10-111. Stay of proceedings -- reopening of default judgments.
(1) All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this state must be stayed for 6 months from the date the insolvency is determined or an ancillary proceeding is instituted in the state, whichever is later, or must be stayed for any additional time as may be determined by the court in order to permit proper defense by the association of all pending causes of action.
(2) As to any covered claims arising from a judgment under any decision, verdict, or finding based on the default of the insolvent insurer or its failure to defend an insured, the association either on its own behalf or on behalf of the insured may apply to have the judgment, order, decision, verdict, or finding set aside by the same court or administrator that made the judgment, order, decision, verdict, or finding and must be permitted to defend against the claim on the merits.
History: En. Sec. 18, Ch. 63, L. 1971; R.C.M. 1947, 40-5718; amd. Sec. 54, Ch. 596, L. 1993.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 10. Insurance Guaranty Associations › Part 1. Casualty and Property Insurance Guaranty Associations › 33-10-112. Examination of association

33-10-112. Examination of association.
The association shall be subject to examination and regulation by the commissioner. The board of directors shall submit, not later than March 30 of each year, a financial report for the preceding calendar year in a form approved by the commissioner.
History: En. Sec. 14, Ch. 63, L. 1971; R.C.M. 1947, 40-5714.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 10. Insurance Guaranty Associations › Part 1. Casualty and Property Insurance Guaranty Associations › 33-10-113. Claims -- notice

33-10-113. Claims -- notice.
Notice of claims to the receiver or liquidator of the insolvent insurer shall be deemed notice to the association or its insurance producer, and a list of such claims shall be periodically submitted to the association or similar organization in another state by the receiver or liquidator.
History: En. Sec. 9, Ch. 63, L. 1971; R.C.M. 1947, 40-5709(part); amd. Sec. 1, Ch. 713, L. 1989.
2023 Montana Code Annotated › Title 33. Insurance and Insurance Companies › Chapter 10. Insurance Guaranty Associations › Part 1. Casualty and Property Insurance Guaranty Associations › 33-10-114. Claims -- effect as to insured and receiver

33-10-114. Claims -- effect as to insured and receiver.
(1) Any person recovering under this part is considered to have assigned the person's rights under the policy to the association to the extent of the person's recovery from the association. Every insured or claimant seeking the protection of this part shall cooperate with the association to the same extent that the person would have been required to cooperate with the insolvent insurer. The association does not have a cause of action against the insured of the insolvent insurer for any sums it has paid out except causes of action that the insolvent insurer would have had if the sums had been paid by the insolvent insurer. In the case of an insolvent insurer operating on a plan with assessment liability, payments of claims of the association may not operate to reduce the liability of insureds to the receiver, liquidator, or statutory successor for unpaid assessments.
(2) The association has the right to recover from the following persons the amount of any "covered claim" paid on behalf of the person pursuant to this part:
(a) any insured whose net worth, on December 31 of the year preceding the date the insurer becomes an insolvent insurer, exceeds $50 million and whose liability obligations to other persons are satisfied in whole or in part by payments made under this part; and
(b) any person who is an affiliate of the insolvent insurer and whose liability obligations to other persons are satisfied in whole or in part by payments made under this part.
(3) The receiver, liquidator, or statutory successor of an insolvent insurer is bound by settlements of covered claims by the association or a similar organization in another state. The court having jurisdiction shall grant the claims priority equal to that which the claimant would have been entitled in the absence of this part against the assets of the insolvent insurer. The expenses of the association or similar organization in handling claims must be accorded the same priority as the liquidator's expenses.
(4) The association shall periodically file with the receiver or liquidator of the insolvent insurer statements of the covered claims paid by the association and estimates of anticipated claims on the association which shall preserve the rights of the association against the assets of the insolvent insurer.
History: En. Sec. 11, Ch. 63, L. 1971; R.C.M. 1947, 40-5711; amd. Sec. 55, Ch. 596, L. 1993.