Title 33, Title 33

This part may be cited as the "Self-Storage Insurance Act". The purpose of this act is to coordinate with the Self-Storage Facilities Act, Title 70, chapter 6, part 6, and allow for operators of the facilities to offer self-storage insurance to their renters.

As used in this part, the following definitions apply: (1) "Authorized representative" means an individual authorized by an operator to sell or offer self-storage insurance coverage in accordance with this part. (2) "Location" means any physical location in this state. (3) (a) "O…

(1) An operator must hold a limited lines insurance producer license in order to sell or offer self-storage insurance coverage. An operator is not required to hold a license solely to display and make available to renters and prospective renters brochures and other promotional ma…

(1) At each location where self-storage insurance coverage is offered to renters, written or electronic brochures or materials must be made available to renters that: (a) disclose that self-storage insurance may provide a duplication of coverage already provided by a renter's hom…

(1) An employee or authorized representative of an operator may sell and offer self-storage insurance coverage to a renter and is not subject to licensure as an insurance producer under this title provided that: (a) the operator obtains a limited lines insurance producer license …

(1) An applicant for a license under this part shall file with the commissioner an application on forms prescribed by the commissioner. The applicant may be a resident or nonresident of this state. (2) (a) The application must provide: (i) the name, residence address, and other i…

If an operator or its employee or authorized representative violates any provision of this part, the commissioner may do any of the following after notice and the opportunity for a hearing: (1) impose fines not to exceed $500 for each violation or $5,000 in the aggregate for viol…

This part may be cited as the "Montana Pet Insurance Act".

(1) The purpose of this part is to promote the public welfare by creating a comprehensive legal framework within which pet insurance may be sold in this state. (2) The requirements of this part apply to pet insurance policies that are issued to a resident of this state and are so…

(1) If a pet insurer uses any of the terms in this part in a policy of pet insurance, the pet insurer shall use the definition of each of those terms as set forth in this section and include the definition of the terms in the policy. (2) Nothing in this part prohibits or limits t…

(1) Before completing the sale of a pet insurance policy, a pet insurer transacting in pet insurance shall disclose the following to consumers: (a) if the policy excludes coverage due to any of the following: (i) a preexisting condition; (ii) a hereditary disorder; (iii) a congen…

(1) A pet insurer may issue policies that exclude coverage on the basis of one or more preexisting conditions with appropriate disclosure to the consumer. The pet insurer has the burden of proving that the preexisting condition exclusion applies to the condition for which a claim…

(1) A pet insurer and producer selling pet insurance may not: (a) market a wellness program as pet insurance; or (b) market a wellness program during the sale, solicitation, or negotiation of pet insurance. (2) If a wellness program is sold by a pet insurer and producer: (a) the …

(1) An insurance producer may not sell, solicit, or negotiate a pet insurance product until after the producer is appropriately licensed and has completed the required training identified in subsection (4), and completes the training once within every 24-month period after the in…

The commissioner may adopt rules implementing this part.

Violations of this part are subject to penalties and remedies set forth in 33-1-317, 33-1-318, and Title 33, chapter 18.

This chapter may be cited as the "Montana Title Insurance Act".

As used in this chapter, the following definitions apply: (1) "Abstract" means a written representation, provided pursuant to a contract and expected to be relied upon by the person who has contracted for the receipt of that representation, listing all recorded conveyances, instr…

(1) This chapter applies to all title insurers, title insurance rating organizations, title insurance producers, applicants for title insurance, title insurance policyholders, and all other persons engaged in title insurance business in this state. (2) This chapter does not autho…

(1) A title insurance policy is not an abstract of title or representation as to the condition of title to the stated property. (2) A preliminary report is not an abstract of title. The rights, duties, and liabilities applicable to the preparation and issuance of an abstract of t…

(1) A title insurer or title insurance producer may provide escrow, settlement, or closing services, or any combination of those services and may operate as an escrow, settlement, or closing agent subject to the provisions of subsections (2) through (9). (2) A title insurer or ti…

Title insurers and insurance producers may share rate proceeds between or among themselves in any combination and may accept commissions as provided in 33-17-1103, unless the sharing of rate proceeds is an unlawful rebate or inducement under this title or is a payment of a forwar…

(1) A title insurer shall establish and maintain the guaranty fund required under 33-2-517 and may invest in necessary plant and equipment and in other investments as authorized under this section. (2) In addition to other investments eligible under this part, a title insurer may…

(1) A title insurer shall file with the commissioner a complete schedule of rates to be charged by it for title insurance as to property located in this state. The rates must be all-inclusive of the total charge for insurance as specified in the policy and must be accompanied by …

(1) An insurer that transacts or is licensed to transact a class or kind of insurance other than title insurance is not eligible for the issuance or renewal of a license to transact the business of title insurance in this state and may not transact, underwrite, or issue title ins…

(1) A title insurer may not issue a title insurance policy unless it, its title insurance producer, or an approved attorney has conducted a reasonable search and examination of the title and made a determination of insurability of title in accordance with sound underwriting pract…

A title insurance producer must immediately report every loss claim to the title insurer that issued the policy against which the claim is presented.

(1) A title insurer or title insurance producer that issues a mortgagee's policy of title insurance on a loan made simultaneous to the purchase of all or part of the property securing the loan, when an owner's policy has not been ordered, shall inform the borrower in writing that…

(1) In addition to the causes provided in 33-17-1001, the commissioner may refuse to license an applicant or renew the license of a person as a title insurance producer or may suspend or revoke a title insurance producer's license or may fine a title insurance producer or applica…

(1) The commissioner may disapprove a title agency contract between a title insurance producer and title insurer, upon appropriate notice to the parties to the contract, if the commissioner finds that the contract, together with all amendments and related documents: (a) does not …

(1) Except as provided in subsection (2), a person may not: (a) give or accept a fee, rebate, or thing of value pursuant to an agreement or understanding that title insurance business will be referred to a title insurance producer; or (b) give or accept a portion, split, or perce…

(1) A person found to have violated the provisions of 33-25-401 is jointly and severally liable to the person charged for the title insurance business involved in the violation for an amount equal to three times the amount of the charge paid for the business. (2) In a civil actio…

A producer or associate may not, directly or indirectly, require as a condition, agreement, or understanding of providing another person a loan, loan extension, credit, sale, property, contract, lease, or service that the other person obtain title insurance of any kind from a par…

(1) In all cases where an undertaking or bond, with any number of sureties, is authorized or required by any law of this state, any corporation with a paid-up capital of not less than $100,000, incorporated under the laws of this state for the purpose of making, guaranteeing, or …

In all cases where an undertaking or bond or undertaking with sureties is authorized or required by any law of this state, the officer taking the same must, except in the case of corporations as mentioned in 33-26-101, require the sureties to accompany it with an affidavit that t…

A surety insurer authorized as such under this code shall have the power to become the surety on bonds and undertakings required by law, subject to all the rights and liabilities of private persons. This section shall not be deemed to limit in any way the powers, obligations, and…

(1) Whenever any bond, undertaking, recognizance, or other obligation is by law or the charter, ordinance, or rules of any municipality, board, body, organization or public officer required or permitted to be made, given, tendered, or filed, with surety or sureties, and whenever …

No foreign or other surety company shall be permitted to furnish the bond for any state, county, or city official, where such company requires in addition to the payment of reasonable premiums any indemnity or other security.

Any court or officer whose duty it is to pass upon the account of any person or corporation required by law to give a bond may, whenever such person or corporation has given any such surety company as surety upon such bond, allow in the settlement of such account a reasonable sum…

It is lawful for any executor, administrator, guardian, receiver, trustee, or other party of whom a bond, undertaking, or other obligation is required to agree with the entity's surety or sureties for the deposit of any or all money and assets for which the entity and the surety …

The commissioner may adopt rules regarding surety insurers who sell, solicit, or negotiate commercial bail bonds and effect arrests or surrenders pursuant to Title 46, chapter 9. The rules must include but are not limited to rules regarding the receipt of collateral, the descript…

A surety bail bond producer that collects any fees or interest other than the minimum premium shall disclose the fees or interest at the time the surety bail bond insurance contract is executed. All fees and interest must be acknowledged by all parties to the contract.

Sections 15-30-2118, 15-31-117, 15-31-118, and this chapter may be cited as the "Independent Liability Fund Act".

The purpose of 15-30-2118, 15-31-117, 15-31-118, and this chapter is to create a means by which small businesses operating in Montana may establish independent liability funds to set aside assets or make investments to meet any liability claims that might be made against the smal…

As used in 15-30-2118, 15-31-117, 15-31-118, and this chapter, the following definitions apply: (1) "Fiscal year" means the 12-month period used by a particular small business in preparing and filing its Montana individual income tax, corporate income tax, or alternative corporat…

(1) The commissioner has authority to implement this chapter and to make any rules and regulations required to carry out the purposes of this chapter. (2) The commissioner shall by rule establish criteria for ascertaining the inviolability and health of each independent liability…