Montana Administrative Code

6.6.1911 MACP BENEFIT PLAN AND RATES (REPEALED) Authorizing statute(s): 33-22-1502, MCA Implementing statute(s): 33-22-1502, 33-22-1503, MCA History: NEW, 2010 MAR p. 1494, Eff. 6/25/10; REP, 2016 MAR p. 2413, Eff. 12/24/16.

6.6.1913 LEAD CARRIER CONTRACT (REPEALED) Authorizing statute(s): 33-22-1502, MCA Implementing statute(s): 33-22-1502, 33-22-1503, MCA History: NEW, 2010 MAR p. 1494, Eff. 6/25/10; REP, 2016 MAR p. 2413, Eff. 12/24/16.

6.6.1914 FRAUD, DUMPING AND RECISSION (REPEALED) Authorizing statute(s): 33-22-1502, MCA Implementing statute(s): 33-22-1502, 33-22-1503, MCA History: NEW, 2010 MAR p. 1494, Eff. 6/25/10; REP, 2016 MAR p. 2413, Eff. 12/24/16.

6.6.2001 PURPOSE AND APPLICABILITY (IS HEREBY REPEALED) Authorizing statute(s): 33-1-313, MCA Implementing statute(s): 33-18-1003, MCA History: NEW, 1985 MAR p. 1983, Eff. 12/27/85; REP, 1996 MAR p. 2158, Eff. 2/9/96.

6.6.2002 DEFINITIONS (IS HEREBY REPEALED) Authorizing statute(s): 33-1-313, MCA Implementing statute(s): 33-18-1003, MCA History: NEW, 1985 MAR p. 1983, Eff. 12/27/85; REP, 1996 MAR p. 2158, Eff. 2/9/96.

6.6.2003 MID-TERM CANCALLATION (IS HEREBY REPEALED) Authorizing statute(s): 33-1-313, MCA Implementing statute(s): 33-18-1003, MCA History: NEW, 1985 MAR p. 1983, Eff. 12/27/85; AMD, 1986 MAR p. 538, Eff. 4/11/86; REP, 1996 MAR p. 2158, Eff. 2/9/96.

6.6.2004 ANNIVERSARY CANCELLATION AND ANNIVERSARY RATE INCREASES (IS HEREBY REPEALED) Authorizing statute(s): 33-1-313, MCA Implementing statute(s): 33-18-1003, MCA History: NEW, 1985 MAR p. 1983, Eff. 12/27/85; REP, 1996 MAR p. 2158, Eff. 2/9/96.

6.6.2005 NON-RENEWAL (IS HEREBY REPEALED) Authorizing statute(s): 33-1-313, MCA Implementing statute(s): 33-18-1003, MCA History: NEW, 1985 MAR p. 1983, Eff. 12/27/85; REP, 1996 MAR p. 2158, Eff. 2/9/96.

6.6.2006 RENEWAL WITH ALTERED TERMS (IS HEREBY REPEALED) Authorizing statute(s): 33-1-313, MCA Implementing statute(s): 33-18-1003, MCA History: NEW, 1985 MAR p. 1983, Eff. 12/27/85; REP, 1996 MAR p. 2159, Eff. 5/24/96.

6.6.2007 INFORMATION ABOUT GROUNDS (IS HEREBY REPEALED) Authorizing statute(s): 33-1-313, MCA Implementing statute(s): 33-18-1003, MCA History: NEW, 1985 MAR p. 1983, Eff. 12/27/85; REP, 1996 MAR p. 2159, Eff. 5/24/96.

6.6.2008 HOMEOWNERS INSURANCE AFFECTED BY DAY-CARE OPERATIONS (IS HEREBY REPEALED) Authorizing statute(s): 33-1-313, MCA Implementing statute(s): 33-18-1003, MCA History: NEW, 1985 MAR p. 1983, 12/27/85; REP, 1996 MAR p. 2159, Eff. 5/24/96.

6.6.2009 UNFAIR TRADE PRACTICES (IS HEREBY REPEALED) Authorizing statute(s): 33-1-313, MCA Implementing statute(s): 33-18-1003, MCA History: NEW, 1985 MAR p. 1983, Eff. 12/27/85; REP, 1996 MAR p. 2159, Eff. 5/24/96.

6.6.201 AUTHORITY The rules contained in this regulation are adopted and promulgated by the commissioner of insurance under the authority of 33-1-313, MCA. Authorizing statute(s): 33-1-313, MCA Implementing statute(s): 33-18-201, MCA History: NEW, 1978 MAR p. 875, Eff. 12/15/78; …

6.6.2010 SEVERABILITY (IS HEREBY REPEALED) Authorizing statute(s): 33-1-313, MCA Implementing statute(s): 33-18-1003, MCA History: NEW, 1985 MAR p. 1983, Eff. 12/27/85; REP, 1996 MAR p. 2159, Eff. 5/24/96.

6.6.202 PURPOSE The purpose of this regulation is to require insurers to deliver to purchasers of life insurance information that will improve the buyer's ability to select the most appropriate plan of life insurance for the buyer's needs, improve the buyer's understanding of the…

6.6.203 SCOPE Except as identified in (2), this regulation shall apply to any solicitation, negotiation, or procurement of life insurance occurring within this state. This regulation shall apply to any issuer of life insurance contracts including fraternal benefit societies. Unle…

6.6.204 DEFINITIONS For the purposes of this regulation, the following definitions shall apply: A "buyer's guide" means the current Life Insurance Buyer's Guide adopted by the National Association of Insurance Commissioners (NAIC) or language contained in ARM 6.6.209 or language …

6.6.205 GENERAL RULES Each insurer shall maintain at its home office or principal office, a complete file containing one copy of each document authorized by the insurer for use pursuant to this regulation. Such file shall contain one copy of each authorized form for a period of t…

6.6.206 DISCLOSURE REQUIREMENTS The insurer shall provide, to all prospective purchasers, a buyer's guide and a policy summary prior to accepting the applicant's initial premium or premium deposit, unless the policy for which application is made contains an unconditional refund p…

6.6.207 FAILURE TO COMPLY Failure of an insurer to provide or deliver a buyer's guide or a policy summary as provided in ARM 6.6.206 shall constitute an omission which misrepresents the benefits, advantages, conditions, or terms of an insurance policy. Authorizing statute(s): 33-…

6.6.208 EFFECTIVE DATE This regulation shall apply to all solicitations of life insurance which commence on or after December 15, 1978. Authorizing statute(s): 33-1-313, MCA Implementing statute(s): 33-18-201, MCA History: NEW, 1978 MAR p. 875, Eff. 12/15/78; AMD, 2016 MAR p. 232…

6.6.209 SAMPLE BUYER'S GUIDE The following is a sample form: The face page of the Buyer's Guide shall read as follows: Life Insurance Buyer's Guide This guide can help you when you shop for life insurance. It discusses how to: find a policy that meets your needs and fits your bud…

6.6.210 FUNERAL PREARRANGEMENTS For a prearrangement that is funded or to be funded by a life insurance policy, the following information shall be adequately disclosed at the time an application is made or prior to accepting the applicant's initial premium or deposit: the fact th…

6.6.2101 DEFINITIONS The term "insurer" as used in this subchapter means any financial institution, or person, as those terms are defined in 49-2-101, 33-1-201, and 33-1-202, MCA, that issues, transacts, sells, or otherwise provides any type of insurance policy, plan, certificate…

6.6.2102 RATES AND PREMIUMS; PROPERTY AND CASUALTY INSURANCE Factors which an insurer may take into account to determine rates or premiums for motor vehicle liability and property coverage include, but are not limited to: the age of the driver; the sex of the driver; the marital …

6.6.2103 PAYMENT OR BENEFITS (REPEALED) Authorizing statute(s): 33-1-313, MCA Implementing statute(s): 33-1-502, 49-2-309, MCA History: NEW, 1986 MAR p. 194, Eff. 2/14/86; AMD, 2009 MAR p. 83, Eff. 1/30/09; REP, 2022 MAR p. 43, Eff. 1/15/22.

6.6.2104 JURISDICTION AND APPLICABILITY DATE Section 49-2-309, MCA, and this subchapter are applicable to all insurance policies, plans, and coverages subject to the laws of Montana and issued or entered into on or after October 1, 1985. Any term, payment, or benefit of an insura…

6.6.2106 UNFAIR DISCRIMINATION ON THE BASIS OF BLINDNESS Refusing to insure, or refusing to continue to insure, or limiting the amount, extent, or kind of coverage available to an individual, or charging an individual a different rate for the same coverage solely because of blind…

6.6.2201 LIENS, ENCUMBRANCES, AND STANDARDS OF INSURABILITY The provisions of subsections (2) and(3) of ARM 6.6.2201 do not apply to defects in title. Defects in title arise when a document or proceeding upon which title depends fails to accomplish its stated purpose. Defects of …

6.6.2202 ESCROW, CLOSING, OR SETTLEMENT SERVICES Escrow, closing, or settlement services are those activities undertaken by a title insurer or title agent acting in a fiduciary capacity with regard to a particular transaction or transactions, including the receipt and disbursemen…

6.6.2203 REBATES AND INDUCEMENTS "Rebate" means the payment or return of any charge or any portion thereof of the amount constituting the total rate for title insurance or services constituting the business of title insurance or the rates on file with the commissioner to any pers…

6.6.2301 DEFINITIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 33-8-205, MCA Implementing statute(s): Sec. 33-8-205, MCA History: EMERG, NEW, 1986 MAR p. 655, Eff. 4/25/86; EMERG, AMD, 1986 MAR p. 781, Eff. 5/16/86; NEW, 1986 MAR p. 1460, Eff. 8/29/86; REP, 1996 MAR p. 26…

6.6.2302 AGENT COMMISSION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 33-8-205, MCA Implementing statute(s): Sec. 33-8-205, MCA History: EMERG, NEW, 1986 MAR p. 655, Eff. 4/25/86; NEW, 1986 MAR p. 1460, Eff. 8/29/86; REP, 1996 MAR p. 265, Eff. 1/26/96.

6.6.2303 APPLICATIONS AND APPLICATION FEES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 33-8-205, MCA Implementing statute(s): Sec. 33-8-221, MCA History: EMERG, NEW, 1986 MAR p. 655, Eff. 4/25/86; EMERG, AMD, 1986 MAR p. 781, Eff. 5/16/86; NEW, 1986 MAR p. 1460, Eff. 8/29/8…

6.6.2304 FISCAL ARRANGEMENT (IS HEREBY REPEALED) Authorizing statute(s): Sec. 33-8-205, MCA Implementing statute(s): Sec. 33-8-225, MCA History: EMERG, NEW, 1986 MAR p. 655, Eff. 4/25/86; EMERG, AMD, 1986 MAR p. 781, Eff. 5/16/86; NEW, 1986 MAR p. 1460, Eff. 8/29/86; REP, 1996 MA…

6.6.2305 UNAVAILABILITY (IS HEREBY RRPEALED) Authorizing statute(s): Sec. 33-8-205 and 33-8-212, MCA Implementing statute(s): Sec. 33-8-221(1) (c), MCA History: EMERG, NEW, 1986 MAR p. 655, Eff. 4/25/86; EMERG, AMD, 1986 MAR p. 781, Eff. 5/16/86; NEW, 1986 MAR p. 1460, Eff. 8/29/…

6.6.2306 ELIGIBLE APPLICANTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 33-8-205, MCA Implementing statute(s): Sec. 33-8-225(1), MCA History: EMERG, NEW, 1986 MAR p. 655, Eff. 4/25/86; NEW, 1986 MAR p. 1460, Eff. 8/29/86; REP, 1996 MAR p. 265, Eff. 1/26/96.

6.6.2307 LINES OF INSURANCE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 33-8-205, MCA Implementing statute(s): Sec. 33-8-227(3), MCA History: EMERG, NEW, 1986 MAR p. 655, Eff. 4/25/86; EMERG, AMD, 1986 MAR p. 781, Eff. 5/16/86; NEW, 1986 MAR p. 1460, Eff. 8/29/86; REP, 1996…

6.6.2308 EFFECTIVE DATE OF POLICY (IS HEREBY REPEALED) Authorizing statute(s): Sec. 33-8-205, MCA Implementing statute(s): Sec. 33-8-228, MCA History: EMERG, NEW, 1986 MAR p. 655, Eff. 4/25/86; NEW, 1986 MAR p. 1460, Eff. 8/29/86; REP, 1996 MAR p. 265, Eff. 1/26/96.

6.6.2309 SEVERABILITY (IS HEREBY REPEALED) Authorizing statute(s): Sec. 33-8-205, MCA Implementing statute(s): Sec. 33-8-201 through 33-8-231, MCA History: EMERG, NEW, 1986 MAR p. 655, Eff. 4/25/86; NEW, 1986 MAR p. 1460, Eff. 8/29/86; REP, 1996 MAR p. 265, Eff. 1/26/96.

6.6.2401 PURPOSE The purpose of these rules is to: adopt the Coordination of Benefits Model Regulation, as promulgated by the National Association of Insurance Commissioners (NAIC); establish a uniform order of benefit determination under which plans pay claims; establish uniform…

6.6.2402 APPLICABILITY AND SCOPE These rules apply to each contract providing health care benefits issued or delivered in Montana after the effective date of these rules, January 1, 2011. A contract providing health care benefits issued or delivered in Montana before the effectiv…

6.6.2403 DEFINITIONS As used in these rules, these words and terms have the following meanings, unless the context clearly indicates otherwise: "Allowable expense," except as set forth in (a) through (g), or where a statute requires a different definition, means any health care e…

6.6.2404 USE OF MODEL COB CONTRACT PROVISION Appendix A in ARM 6.6.2410 contains a model COB provision for use in group contracts. The use of this model COB provision is subject to the provisions of (2), (3), and (4), and to the provisions of ARM 6.6.2405. Appendix B in ARM 6.6.2…

6.6.2405 RULES FOR COORDINATION OF BENEFITS When a person is covered by two or more plans, the rules for determining the order of benefit payments are as follows: The primary plan must pay or provide its benefits as if the secondary plan or plans did not exist; If the primary pla…

6.6.2406 PROCEDURE TO BE FOLLOWED BY SECONDARY PLAN TO CALCULATE BENEFITS AND PAY A CLAIM In determining the amount to be paid by the secondary plan on a claim, should the plan wish to coordinate benefits, the secondary plan shall calculate the benefits it would have paid on the …

6.6.2407 NOTICE TO COVERED PERSONS A plan shall, in its explanation of benefits provided to covered persons, include the following language: "If you are covered by more than one health benefit plan, you should file all your claims with each plan." Authorizing statute(s): 33-1-313…