INSURANCE DEPARTMENT

6.6.1320 CONTENTS AND FORM OF PROXIES AND PROXY STATEMENTS The form of proxy shall: Indicate in bold-face type whether or not the proxy is solicited on behalf of the management; Provide a specifically designated blank space for dating the proxy; and Identify clearly and impartial…

6.6.1321 PROXIES--DISCRETIONARY AUTHORITY A proxy may confer discretionary authority with respect to other matters which may come before the meeting, provided the persons on whose behalf the solicitation is made are not aware a reasonable time prior to the time the solicitation i…

6.6.1322 PROXIES--PROHIBITED AUTHORITY No proxy may confer authority to vote for the election of any person to any office for which a bona fide nominee is not named in the proxy statement, or to vote at any annual meeting other than the next annual meeting (or any adjournment the…

6.6.1323 MATERIALS SUBJECT TO FILING REQUIREMENTS Two preliminary copies of the proxy statement and form of proxy and any other soliciting material to be furnished concurrently to stockholders shall be filed with the commissioner of insurance at least 10 days prior to the date co…

6.6.1324 PROHIBITED ACTIONS AND SOLICITATIONS No domestic stock insurer subject to this sub-chapter, and no director, officer, or employee of such an insurer, and no other person, may solicit or permit the use of his name to solicit, by mail or otherwise, any proxy, consent, or a…

6.6.1325 PROHIBITED STATEMENTS No solicitation subject to this sub-chapter may be made by means of a proxy statement, form of proxy, notice of meeting, or other communication, written or oral, containing any statement which: Is, at the time and in the light of the circumstances u…

6.6.1326 UNDATED OR POSTDATED PROXIES PROHIBITED No person making a solicitation subject to this sub-chapter may solicit any undated or postdated proxy or any proxy which pro-vides that it shall be considered dated as of any date after it is signed by the stockholder. Authorizing…

6.6.1401 APPLICABILITY This sub-chapter applies to any solicitation made by a person or group for the purpose of opposing any solicitation which is subject to sub-chapter 13 of this chapter and which was made by any other person or group with respect to the election or removal of…

6.6.1402 DEFINITIONS As used in this sub-chapter, unless the context indicates otherwise: "Solicit" and "solicitation" include: Any request for a proxy, whether or not accompanied by or included in a form of proxy; or Any request to execute, not execute, or revoke a proxy; or The…

6.6.1403 MATERIALS SUBJECT TO FILING REQUIREMENTS A solicitation subject to this sub-chapter may not be made by any person other than the management of an insurer unless at least 5 business days prior to the solicitation, or within a shorter period which the commissioner of insur…

6.6.1404 SOLICITATIONS PRIOR TO FURNISHING REQUIRED WRITTEN PROXY STATEMENT Notwithstanding the provisions of ARM 6.6.1304(1) , a solicitation subject to this sub-chapter may be made prior to furnishing stockholders a written proxy statement containing the information specified i…

6.6.1405 FILING REQUIREMENTS FOR SOLICITATIONS PRIOR TO PROXY STATEMENTS Two copies of any soliciting material Copies of soliciting material in the form of speeches, press releases, and radio or televisions scripts need not be filed with the commissioner prior to use or publicati…

6.6.1406 ANNUAL REPORT COMMENTING ON SOLICITATION--FILING REQUIREMENTS Two copies of any portion of the annual report to stockholders referred to in ARM 6.6.1304(2) and (3) , which comments upon or refers to any solicitation subject to this sub-chapter or to any participant in th…

6.6.1407 STATEMENTS FILED IN ELECTION CONTESTS--IDENTITY OF INSURER AND SOLICITOR OF PROXIES Each statement filed by or on behalf of a participant other than an insurer, in a proxy solicitation in an election contest, shall state the name and address of the insurer. Each statemen…

6.6.1408 STATEMENTS FILED IN ELECTION CONTESTS--SOLICITOR'S STOCK INTERESTS Each statement filed by or on behalf of a participant other than an insurer, in a proxy solicitation in an election contest, shall state: The amount of each class of stock of the insurer which the solicit…

6.6.1409 STATEMENTS FILED IN ELECTION CONTESTS--ADDITIONAL REQUIREMENTS AND SIGNATURE Each statement filed by or on behalf of a participant other than an insurer, in a proxy solicitation in an election contest, shall state: The time and circumstances under which the solicitor bec…

6.6.1501 CROP HAIL INSURANCE RATES All crop hail insurance rates, used by an insurer authorized to transact crop hail or multiple peril insurance, shall be based on the latest available cumulative crop hail insurance statistics for this state. Authorizing statute(s): Sec. 33-16-2…

6.6.1502 CROP HAIL INSURANCE RATE FILINGS Any crop hail insurer proposing to use rates or advisory final average loss costs other than those filed by the national crop insurance services shall first file the proposed rates or advisory final average loss costs with the commissione…

6.6.1503 CROP HAIL INSURANCE RATE DEVIATION FILINGS A crop hail insurer proposing to use rates or advisory final average loss costs, based upon the rates or advisory final average loss costs filed by the national crop insurance services but which deviate from those rates or advis…

6.6.1504 CROP HAIL INSURANCE RATE MODIFICATIONS OR CHANGES--MULTIPLE PERIL COVERAGE A filing or submission, pertaining to multiple peril coverage for which rate changes or modifications are proposed, will be accepted only if notice of the proposed changes or modifications is prov…

6.6.1505 CROP HAIL INSURERS--EXPERIENCE REPORTING Each insurer writing crop hail insurance in Montana shall annually report its crop hail experience to the national crop insurance services. Authorizing statute(s): Sec. 33-16-202, MCA Implementing statute(s): Sec. 33-16-201, MCA H…

6.6.1506 PREMIUM DEFERRAL AND CASH DISCOUNTS Discounts based on the time or date of premium payment shall be permitted. Cash discounts based on full payment of premium will be permitted, with a maximum discount not to exceed 6% of the premium. The premium payment must be paid in …

6.6.1507 EFFECTIVE DATE OF CROP INSURANCE POLICIES No crop insurance policy issued in Montana shall be effective prior to 12:01 a.m. of the day following the day that the application is bound by the producer or insurer. Authorizing statute(s): Sec. 33-16-202, MCA Implementing sta…

6.6.1508 INSURER GROUPS AND MANAGING GENERAL AGENTS Differing crop hail insurance rates or rating plans for affiliated insurance companies within a group or for different companies under the control of the same managing general agency shall not be permitted. No exposure to loss u…

6.6.1601 PURPOSE The purpose of this subchapter is to provide for the protection of consumers by examination, licensure, bonding, and regulation of public adjusters. Authorizing statute(s): 33-1-313, 33-17-102, MCA Implementing statute(s): 33-17-102, 33-17-301, MCA History: NEW, …

6.6.1602 DEFINITIONS (REPEALED) Authorizing statute(s): 33-1-313, 33-17-102, MCA Implementing statute(s): 33-17-102(1)(c), MCA History: NEW, 1983 MAR p. 1530, Eff. 10/28/83; REP, 2018 MAR p. 1022, Eff. 5/26/18.

6.6.1603 LICENSE REQUIRED--PENALTY (REPEALED) Authorizing statute(s): 33-1-313, 33-17-102, MCA Implementing statute(s): 33-17-102(1)(c), MCA History: NEW, 1983 MAR p. 1530, Eff. 10/28/83; REP, 2018 MAR p. 1022, Eff. 5/26/18.

6.6.1604 QUALIFICATIONS FOR A PUBLIC ADJUSTER'S LICENSE (REPEALED) Authorizing statute(s): 33-1-313, 33-17-102, MCA Implementing statute(s): 33-17-102(1)(c), MCA History: NEW, 1983 MAR p. 1530, Eff. 10/28/83; REP, 2018 MAR p. 1022, Eff. 5/26/18.

6.6.1605 SEPARATE LICENSES Separate licenses are required for independent adjusters and public adjusters. No person may be concurrently licensed both as an independent adjuster and a public adjuster. Authorizing statute(s): 33-1-313, 33-17-102, MCA Implementing statute(s): 33-17-…

6.6.1606 EXAMINATION FOR PUBLIC ADJUSTER'S LICENSE (REPEALED) Authorizing statute(s): 33-1-313, 33-17-102, MCA Implementing statute(s): 33-17-102(1)(c), MCA History: NEW, 1983 MAR p. 1530, Eff. 10/28/83; REP, 2018 MAR p. 1022, Eff. 5/26/18.

6.6.1607 SCOPE OF EXAMINATION Each examination of a licensee as a public adjuster shall be as the commissioner may prescribe and shall be of sufficient scope reasonably to test the applicant's knowledge relative to a kind of insurance which may be dealt with under the license app…

6.6.1608 EXAMINATIONS--FORM--TIME The examination shall be given at such times and places within this state as the commissioner deems necessary. The commissioner may require a waiting period of reasonable duration before giving a new examination to an applicant who has failed to …

6.6.1609 THE COMMISSIONER SHALL PRESCRIBE THE FORM OF THE ADJUSTER'S LICENSE (REPEALED) Authorizing statute(s): 33-1-313, 33-17-102, MCA Implementing statute(s): 33-17-102(1)(c), MCA History: NEW, 1983 MAR p. 1530, Eff. 10/28/83; REP, 2018 MAR p. 1022, Eff. 5/26/18.

6.6.1610 THE COMMISSIONER SHALL COLLECT IN ADVANCE THE FEES FOR A PUBLIC ADJUSTER'S LICENSE The commissioner shall collect in advance the fees for an adjuster's license listed in 33-2-708, MCA. Authorizing statute(s): 33-1-313, 33-17-301, MCA Implementing statute(s): 33-2-708, MC…

6.6.1611 PUBLIC ADJUSTER'S BOND Prior to the issuance of a license as a public adjuster, the applicant shall file with the commissioner a surety bond in favor of the people of Montana in the amount of $5,000, executed by a surety company authorized to do business in the state. Th…

6.6.1612 PLACE OF BUSINESS (REPEALED) Authorizing statute(s): 33-1-313, 33-17-102, MCA Implementing statute(s): 33-17-102(1)(c), MCA History: NEW, 1983 MAR p. 1530, Eff. 10/28/83; REP, 2018 MAR p. 1022, Eff. 5/26/18.

6.6.1613 POWERS CONFERRED BY THE PUBLIC ADJUSTER'S LICENSE Public adjusters shall adjust first party physical damage claims only. Authorizing statute(s): 33-1-313, 33-17-102, MCA Implementing statute(s): 33-17-102, MCA History: NEW, 1983 MAR p. 1530, Eff. 10/28/83; AMD, 2018 MAR …

6.6.1614 DENIAL, SUSPENSION OR REVOCATION OF LICENSE (REPEALED) Authorizing statute(s): 33-1-313, 33-17-102, MCA Implementing statute(s): 33-17-102(1)(c), MCA History: NEW, 1983 MAR p. 1530, Eff. 10/28/83; REP, 2018 MAR p. 1022, Eff. 5/26/18.

6.6.1615 PROCEDURE FOR REFUSAL, SUSPENSION OR REVOCATION (REPEALED) Authorizing statute(s): 33-1-313, 33-7-102, MCA Implementing statute(s): 33-17-102(1)(c), MCA History: NEW, 1983 MAR p. 1530, Eff. 10/28/83; REP, 2018 MAR p. 1022, Eff. 5/26/18.

6.6.1616 NONRESIDENT PUBLIC ADJUSTERS (REPEALED) Authorizing statute(s): 33-1-313, 33-17-102, MCA Implementing statute(s): 33-17-102(1)(c), MCA History: NEW, 1983 MAR p. 1813, Eff. 12/16/83; REP, 2018 MAR p. 1022, Eff. 5/26/18.

6.6.1701 GENERAL BUSINESS PRACTICE OR GENERAL COURSE OF BUSINESS PRACTICE General business practice or general course of business practice shall be taken to mean multiple unfair claim settlement practice violations by the same company in different cases. This rule applies under C…

6.6.1801 PURPOSE The purpose of these rules is to permit individual life insurance policies to provide the same cash surrender values and paid-up nonforfeiture benefits for both men and women. No change in minimum valuation standards is implied by this rule. Authorizing statute(s…

6.6.1802 DEFINITIONS For purposes of these rules, the following definitions apply: "1980 CSO Table, with or without 10-year select mortality factors" means that mortality table, consisting of separate rates or mortality for male and female lives, developed by the society of actua…

6.6.1803 ADOPTION OF TABLES ALTERNATE TO THE 1980 CSO AND 1980 CET FOR NONFORFEITURE PURPOSES UNDER AN EMPLOYER SPONSORED RETIREMENT BENEFIT PROGRAM For any policy of insurance on the life of either a male or female insured delivered or issued for delivery in this state after Oct…

6.6.1804 UNFAIR DISCRIMINATION (REPEALED) Authorizing statute(s): 33-1-313, 33-20-208(8)(f), MCA Implementing statute(s): 33-20-208(8), MCA History: NEW, 1983 MAR p. 1814, Eff. 12/16/83; REP, 2017 MAR p. 1887, Eff. 10/14/17.

6.6.1805 SEPARABILITY If any provision of this rule or the application thereof to any person or circumstance is for any reason held to be invalid, the remainder of the regulation and the application of such provision to other persons or circumstances shall not be affected thereby…

6.6.1901 INSURANCE ARRANGEMENT REPORTING REQUIREMENTS (IS HEREBY REPEALED) Authorizing statute(s): 33-22-1502, MCA Implementing statute(s): 33-22-1503, MCA History: NEW, 1985 MAR p. 1322, Eff. 9/13/85; REP, 2001 MAR p. 343, Eff. 2/23/01.

6.6.1902 APPLICABILITY OF INSURANCE CODE (IS HEREBY REPEALED) Authorizing statute(s): 33-22-1502, MCA Implementing statute(s): 33-22-1502, MCA History: NEW, 1985 MAR p. 1322, Eff. 9/13/85; REP, 2001 MAR p. 343, Eff. 2/23/01.

6.6.1903 GENERAL REQUIREMENTS OF THE MONTANA COMPREHENSIVE HEALTH CARE ASSOCIATION (IS HEREBY REPEALED) Authorizing statute(s): 33-22-1502, MCA Implementing statute(s): 33-22-1503 and 33-22-1521, MCA History: NEW, 1985 MAR p. 1322, Eff. 9/13/85; REP, 2001 MAR p. 343, Eff. 2/23/01…

6.6.1904 GENERAL REGULATIONS FOR THE BOARD OF DIRECTORS (IS HEREBY REPEALED) Authorizing statute(s): 33-22-1502, MCA Implementing statute(s): 33-22-1504, MCA History: NEW, 1985 MAR p. 1322, Eff. 9/13/85; REP, 2001 MAR p. 343, Eff. 2/23/01.