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Montana Statutes, Title 33

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Montana/Statutes

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Title 33, Title 33

37 chapters · 1,713 sections in this title.

All chapters in Title 331,713 Ch 2, REGULATION OF INSURANCE COMPANIES311 Ch 22, DISABILITY INSURANCE227 Ch 20, LIFE INSURANCE154 Ch 1, ADMINISTRATION AND GENERAL PROVISIONS106 Ch 17, INSURANCE PRODUCERS, ADJUSTERS, CONS…80 Ch 15, THE INSURANCE CONTRACT72 Ch 18, UNFAIR TRADE PRACTICES67 Ch 3, DOMESTIC STOCK AND MUTUAL INSURERS65 Ch 16, RATES -- RATING AND ADVISORY ORGANIZ…62 Ch 4, FARM MUTUAL INSURERS51 Ch 32, HEALTH UTILIZATION REVIEW47 Ch 30, HEALTH SERVICE CORPORATIONS44 Ch 10, INSURANCE GUARANTY ASSOCIATIONS41 Ch 7, FRATERNAL BENEFIT SOCIETIES39

1,713 sections·Filtered byTitle 33✕

Mont. Code Ann. § 33-1-101 Short Title
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This title constitutes the "Montana Insurance Code".
Mont. Code Ann. § 33-1-102 Compliance Required -- Exceptions -- Health Service Corporations -- Health Maintenance Organizations -- Governmental Insurance Programs -- Service Contracts
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(1) A person may not transact a business of insurance in Montana or a business relative to a subject resident, located, or to be performed in Montana without complying with the applicable provisions of this code. (2) The provisions of this code do not apply with respect to: (a) d…
Mont. Code Ann. § 33-1-103 Particular Provisions Prevail
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Provisions of this code relative to a particular kind of insurance or a particular type of insurer or to a particular matter shall prevail over provisions relating to insurance in general or insurers in general or to such matter in general.
Mont. Code Ann. § 33-1-110 Limitations Of Provider Agreements
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(1) Notwithstanding any other provision of law, a provider who has entered into a provider agreement with a person as defined in 33-1-202 is not required to provide a discount or accept payment at the rate agreed to in the provider agreement for health care services that are prov…

Showing 1–50 of 1,713

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Mont. Code Ann. § 33-1-1101 Short Title

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This part may be cited as the "Jurisdiction to Determine Jurisdiction of Providers of Health Care Benefits Act".

Mont. Code Ann. § 33-1-1102 Authority And Jurisdiction Of Insurance Department

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Notwithstanding any other provision of law and except as provided in this part, any person or other entity that provides coverage in this state for medical, surgical, chiropractic, physical therapy, speech-language pathology, audiology, professional mental health, dental, hospita…

Mont. Code Ann. § 33-1-111 Eligibility Requirements Of Health Insurance Issuers

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(1) As a condition of doing business in the state of Montana, a health insurance issuer, a multiple employer welfare arrangement, a third-party administrator, a health maintenance organization, a pharmacy benefit manager, a health services corporation, or any other party that by …

Mont. Code Ann. § 33-1-1111 How To Show Jurisdiction

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A person or entity may show that it is subject to the jurisdiction of another agency of this or another state or any subdivision of this state or another state or the federal government by providing the commissioner with the appropriate certificate, license, or other document iss…

Mont. Code Ann. § 33-1-1112 Subject To State Laws

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A person or entity unable to show that it is subject to the jurisdiction of another agency of this or another state or any subdivision thereof or the federal government is subject to all appropriate provisions of this code regarding the conduct of its business.

Mont. Code Ann. § 33-1-1113 Examination

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A person or entity which is unable to show under 33-1-1111 that it is subject to the jurisdiction of another agency of this or another state or a subdivision thereof or the federal government must submit to an examination by the commissioner to determine the organization and solv…

Mont. Code Ann. § 33-1-1114 Disclosure

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(1) A production agency or administrator that advertises, sells, transacts, or administers the coverage in this state described in 33-1-1102 and that is required to submit to an examination by the insurance commissioner under 33-1-1113 shall, if such coverage is not fully insured…

Mont. Code Ann. § 33-1-115 Operation Of State Fund As Authorized Insurer -- Issuance Of Certificate Of Authority -- Exceptions -- Use Of Calendar Year -- Risk-Based Capital -- Reporting Requirements

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(1) The state fund provided for in 39-71-2313 is an authorized insurer and, except as provided in this section, is subject to the provisions in Title 33 that are generally applicable to authorized workers' compensation insurers in this state and the provisions of Title 39, chapte…

Mont. Code Ann. § 33-1-1201 Short Title -- Purpose

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(1) This part may be cited as the "Insurance Fraud Protection Act". (2) The purpose of this part is to facilitate the detection of insurance fraud and reduce the occurrence of insurance fraud through the development of fraud prevention programs, improved investigative and prosecu…

Mont. Code Ann. § 33-1-1202 Administrative Or Civil Insurance Fraud

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A person commits the act of administrative or civil insurance fraud when the person: (1) for the purpose of obtaining any money or benefit, presents or causes to be presented to any insurer, purported insurer, producer, or administrator, as defined in 33-17-102, any written or or…

Mont. Code Ann. § 33-1-1203 Powers And Duties Of Commissioner -- Confidentiality Of Documents

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(1) The commissioner may: (a) initiate independent inquiries and conduct independent investigations when the commissioner has reason to believe that insurance fraud may be, has been, or is currently being committed; (b) respond to notice or complaints generated by federal, state,…

Mont. Code Ann. § 33-1-1204 Cooperation With Law Enforcement, Licensing Authorities, And Other Fraud Agencies

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(1) The commissioner shall cooperate with law enforcement authorities and all other authorized agencies and related insurance and professional licensing boards of this and other states. As used in this section, the term "authorized agencies" means: (a) the attorney general of the…

Mont. Code Ann. § 33-1-1205 Duties Of Authorized Insurers, Adjusters, Administrators, Consultants, And Producers -- Notice Exception

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(1) Each insurer, independent adjuster, independent administrator, independent consultant, and independent producer shall cooperate fully with the commissioner with respect to the provisions of this part. (2) Except as provided in subsection (4), an insurer, an officer, or an emp…

Mont. Code Ann. § 33-1-1206 Persons Not Connected With Insurance Industry -- Reward Fund

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(1) Any person who has knowledge of or who believes that an act of insurance fraud is being or has been committed may provide the commissioner with a report or information pertinent to the knowledge and belief and may provide additional information that the commissioner requests.…

Mont. Code Ann. § 33-1-1210 Immunity From Liability

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(1) In the absence of malice, an insurer, an officer, employee, or producer of the insurer, an independent adjuster, an administrator, a consultant, or any private person is not subject to civil liability for filing reports, providing information, or otherwise cooperating with an…

Mont. Code Ann. § 33-1-1211 Administrative Or Civil Penalties

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(1) If, after a hearing conducted under 33-1-701, the commissioner determines that a person has committed administrative or civil insurance fraud, the commissioner may: (a) impose any penalty provided for in 33-1-317; or (b) require the person to pay the costs of the proceeding. …

Mont. Code Ann. § 33-1-1301 Insurance, Viatical Settlement, Medical Care Discount Card, Pharmacy Discount Card, And Securities Fraud Education And Prevention Program -- Definitions

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(1) The commissioner may: (a) establish an insurance, viatical settlement, medical care discount card, pharmacy discount card, and securities fraud education and prevention program; and (b) conduct investigations of insurance, viatical settlement, medical care discount card, phar…

Mont. Code Ann. § 33-1-1302 Insurance, Viatical Settlement, Medical Care Discount Card, And Pharmacy Discount Card Administrative Or Civil Fraud -- Insurer

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(1) A person commits the act of insurance, viatical settlement, medical care discount card, or pharmacy discount card fraud when: (a) in the course of offering or selling insurance, a medical care discount card, or a pharmacy discount card, the person misrepresents a material fac…

Mont. Code Ann. § 33-1-1303 Reporting Requirements

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(1) An insurer, insurance producer, or other person who has reason to believe that insurance, viatical settlement, medical care discount card, or pharmacy discount card fraud has occurred shall report the suspected fraud to the commissioner or to the insurance producer's or other…

Mont. Code Ann. § 33-1-1304 Viatical Settlement Fraud

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Viatical settlement fraud consists of but is not limited to the following committed by a person or the person's agents or employees: (1) acts or omissions by any person who, knowingly and with intent to defraud, for the purpose of depriving another of property or for pecuniary ga…

Mont. Code Ann. § 33-1-1401 Short Title

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This part may be cited as the "Property and Casualty Actuarial Opinion Act".

Mont. Code Ann. § 33-1-1402 Actuarial Opinion Of Reserves And Supporting Documentation -- Definition

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(1) Every property and casualty insurer doing business in this state, unless otherwise exempted by its domiciliary commissioner, shall annually submit the opinion of an appointed actuary entitled "Statement of Actuarial Opinion". The insurer shall file this opinion in accordance …

Mont. Code Ann. § 33-1-1403 Confidentiality

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(1) The statement of actuarial opinion must be provided with the annual statement in accordance with the appropriate NAIC property and casualty annual statement instructions and is a public record within the meaning of 2-6-1002. (2) (a) Actuarial reports, work papers, and actuari…

Mont. Code Ann. § 33-1-1501 No Limitation On Prosecutions

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Nothing in this part limits the prosecution of any conduct defined as an offense in Title 45.

Mont. Code Ann. § 33-1-1502 Application Of Criminal Law And Procedure

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(1) Unless a rule or statute specifically states otherwise, the provisions of Titles 45 and 46 apply to the enforcement of the offenses provided for in this part. (2) In any prosecution for the offenses provided for and charged under this part, for the purposes of and in addition…

Mont. Code Ann. § 33-1-1503 Statute Of Limitations

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(1) A prosecution for a felony stated in this part must be commenced within 5 years after it was committed. (2) A prosecution for a misdemeanor stated in this part must be commenced within 3 years after it was committed. (3) An offense is committed either when every element occur…

Mont. Code Ann. § 33-1-1504 Criminal Insurance Fraud

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(1) A person commits the offense of insurance fraud when the person purposely or knowingly: (a) for the purpose of obtaining any money or benefit, presents or causes to be presented to any person any written or oral statement, including computer-generated documents, containing fa…

Mont. Code Ann. § 33-1-1505 Theft Of Viatical Settlement Proceeds

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(1) A person commits the offense of theft of viatical settlement proceeds when the person purposely or knowingly obtains or exerts unauthorized control over money, funds, premiums, credits, or other property of a viatical settlement provider, viatical settlement broker, insurer, …

Mont. Code Ann. § 33-1-1506 Theft Of Medical Care Discount Card Fee

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(1) A person commits the offense of theft of medical care discount card fee when the person purposely or knowingly obtains or exerts unauthorized control over any amount of money paid by a user or consumer to a health care provider, a medical care discount card provider, or a med…

Mont. Code Ann. § 33-1-1507 Theft Of Pharmacy Discount Card Fee

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(1) A person commits the offense of theft of pharmacy discount card fee when the person purposely or knowingly obtains or exerts unauthorized control over any amount of money paid by a user or consumer to a prescription drug provider or a pharmacy discount card supplier for a pha…

Mont. Code Ann. § 33-1-1508 Theft Of Insurance Premium

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(1) A person commits the offense of theft of insurance premium when the person purposely or knowingly exerts unauthorized control over money paid as insurance premium: (a) by failing to provide insurance premium received for a particular insurance policy to the insurer; or (b) kn…

Mont. Code Ann. § 33-1-1509 License Offenses

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(1) A person commits the offense of conducting an insurance transaction without a license when the person purposely or knowingly solicits, negotiates, or sells insurance, as defined in 33-1-201, without first obtaining a license to conduct insurance transactions from the commissi…

Mont. Code Ann. § 33-1-1510 Surplus Lines Insurance Offenses

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(1) A person commits the offense of surplus lines offense if the person knowingly or negligently: (a) issues or delivers a false policy or cover note or certification of insurance, as those documents are described in 33-2-308, related to the terms of a surplus lines insurance pol…

Mont. Code Ann. § 33-1-1511 Failure Or Refusal To Cooperate With Commissioner

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(1) A person commits the offense of failure or refusal to cooperate with the insurance commissioner when the person purposely or knowingly fails or refuses to cooperate with the commissioner during a dissolution, liquidation, rehabilitation, sequestration, conservation, or receiv…

Mont. Code Ann. § 33-1-1512 Records And Assets Offenses

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(1) A person commits the offense of unlawful removal or unlawful concealment of records or assets when, with the purpose to prevent the commissioner from fulfilling the duties set out in Title 33, the person purposely or knowingly removes from this state the records or assets req…

Mont. Code Ann. § 33-1-201 Definitions -- Insurance In General -- General Terms

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For the purposes of this code, the following definitions apply unless the context requires otherwise: (1) "Alien insurer" is an insurer formed under the laws of any country other than the United States or its states, districts, territories, and commonwealths. (2) "Authorized insu…

Mont. Code Ann. § 33-1-202 Definitions -- Entities

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For the purposes of this code, the following definitions apply unless the context requires otherwise: (1) "Commissioner" means the commissioner of insurance of the state of Montana. (2) "Department" means the department of insurance of the state of Montana. (3) "Person" includes …

Mont. Code Ann. § 33-1-205 Definitions Of Kinds Of Insurance Not Mutually Exclusive

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It is intended that certain insurance coverages may come within the definitions of two or more kinds of insurance as defined in this part, and the inclusion of such coverage within one definition shall not exclude it as to any other kind of insurance within the definition of whic…

Mont. Code Ann. § 33-1-206 Casualty Insurance

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(1) Casualty insurance includes: (a) vehicle insurance, which is insurance against loss of or damage to any land vehicle or aircraft or any draft or riding animal or to property while contained in or on or being loaded or unloaded in or from a land vehicle, aircraft, or animal fr…

Mont. Code Ann. § 33-1-207 Disability Insurance

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(1) Disability insurance, including credit disability insurance, is insurance of human beings: (a) against bodily injury, disablement, or death by accident or accidental means or the medical expense or indemnity involved; or (b) against disablement or medical expense or indemnity…

Mont. Code Ann. § 33-1-208 Life Insurance

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Life insurance, including credit life insurance, is insurance on human lives. The transaction of life insurance includes the granting of endowment benefits, additional benefits in event of death or dismemberment by accident or accidental means, additional benefits in event of the…

Mont. Code Ann. § 33-1-209 Marine Protection And Indemnity And Wet Marine Insurance

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(1) Marine and transportation insurance means insurance against loss of or damage to: (a) vessels, craft, aircraft, vehicles, goods, freights, cargoes, merchandise, effects, disbursements, profits, money, securities, choses in action, evidences of debt, valuable papers, bottomry,…

Mont. Code Ann. § 33-1-210 Property Insurance

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Property insurance is insurance on real or personal property of every kind and of every interest therein, whether on land, water, or in the air, against loss or damage from any and all hazard or cause, and against loss consequential upon such loss or damage, other than noncontrac…

Mont. Code Ann. § 33-1-211 Surety Insurance

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Surety insurance includes: (1) fidelity insurance, which is insurance guaranteeing the fidelity of persons holding positions of public or private trust; (2) insurance guaranteeing the performance of contracts, other than insurance policies, and guaranteeing and executing bonds, u…

Mont. Code Ann. § 33-1-212 Title Insurance

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Title insurance is insurance of owners of property or others having an interest therein or liens or encumbrances thereon against loss by encumbrance, defective titles, invalidity, or adverse claim to title.

Mont. Code Ann. § 33-1-214 Mechanical Breakdown Insurance

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(1) Mechanical breakdown insurance means a policy, contract, or agreement issued by an authorized insurer that provides for the repair, replacement, or service for the operational or structural failure of the property because of a defect in materials or workmanship or because of …