Montana Code Annotated Title 33 Chapter 18

What this document is

Montana Code Annotated Title 33 Chapter 18 - Unfair Trade Practices, remainder (33-18-101 through 33-18-1006, excluding 33-18-201 and 33-18-202 already held by mt-ins-01 and mt-ins-03) is a state statute published by Montana Legislative Services Division (mca.legmt.gov). It is one of the Montana documents that insurance license exam questions are written from, including montana property & casualty practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• Mont. Code Ann. Sec. 33-18-203 (False or deceptive advertising prohibited)

  “an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the business of insurance or with respect to any person in the conduct of the person's insurance business that is untrue, deceptive, or misleading.”

• Mont. Code Ann. Sec. 33-18-204 (Twisting prohibited)

  “No person shall make or issue or cause to be made or issued any written or oral statement misrepresenting or making incomplete comparisons as to the terms, conditions, or benefits contained in any policy for the purpose of inducing or attempting or tending to induce the policyholder to lapse,...”

• Mont. Code Ann. Sec. 33-18-207(1) (Preferred rates to fictitious groups prohibited)

  “No insurer, whether an authorized insurer or an unauthorized insurer, shall make available through any rating plan or form, property, casualty, or surety insurance to any firm, corporation, or association of individuals, any preferred rate or premium based upon any fictitious group of such firm,...”

• Mont. Code Ann. Sec. 33-18-210(7) (Unfair discrimination and rebates prohibited, geographic location)

  “An insurer may not make or permit unfair discrimination between individuals or risks of the same class and of essentially the same hazards by refusing to issue, refusing to renew, canceling, or limiting the amount of insurance coverage on a property or casualty risk because of the geographic...”

• Mont. Code Ann. Sec. 33-18-216(4), (4)(a) (Unfair discrimination against victims of abuse prohibited)

  “The following acts, when based on the insured's status as a victim of abuse, are prohibited as unfairly discriminatory: (a) denying, refusing to issue, renew, or reissue, canceling, or otherwise terminating an insurance policy, certificate of coverage delivered or issued for delivery in Montana,...”

• Mont. Code Ann. Sec. 33-18-218(1) (Insurer costs prohibited, duty to defend, exception)

  “Except as provided in 33-18-219 and subsection (2) of this section, an insurer may not recover costs of defending an insured against claims asserted against the insured if the insurer is subsequently determined to not owe a duty to defend the insured.”

• Mont. Code Ann. Sec. 33-18-232(1) (Time for payment of claims)

  “An insurer shall pay or deny a claim within 30 days after receipt of a proof of loss unless the insurer makes a reasonable request for additional information or documents in order to evaluate the claim. If an insurer makes a reasonable request for additional information or documents, the insurer...”

• Mont. Code Ann. Sec. 33-18-221(1) (Designation of specific repair shops prohibited, lists allowed)

  “An insurance company, including its producers and adjusters, that issues or renews a policy of insurance in this state covering, in whole or part, a motor vehicle may not: (a) require that a person insured under the policy use a particular company or location for providing automobile glass...”

• Mont. Code Ann. Sec. 33-18-210(11)(a) (Unfair discrimination and rebates prohibited, private passenger automobile)

  “An insurer may not refuse to insure, refuse to continue to insure, charge higher rates, or limit the amount of coverage available to an individual under a private passenger automobile policy based solely on adverse information contained in an individual's claims history and driving record that is 3...”

• Mont. Code Ann. Sec. 33-18-102(2) (Unfair methods or deceptive practices prohibited, refusal to renew)

  “Nothing in this chapter shall be construed to prevent an insurer owned or controlled by an association or organization, including a mutual insurer formed to provide insurance to the members of an association or organization, from refusing to renew a casualty or liability policy for nonpayment of...”

• Mont. Code Ann. Sec. 33-18-211 (Stock operations and advisory board contracts)

  “No person shall issue or deliver or permit its insurance producers, officers, or employees to issue or deliver agency company stock or other capital stock or benefit certificates or shares in any common-law corporation or any advisory board contract or other similar contract of any kind promising...”

• Mont. Code Ann. Sec. 33-18-212(1), (2) (Illegal dealing in premiums, improper charges for insurance)

  “(1) A person may not willfully collect any sum as a premium or charge for insurance that is not then provided or is not in due course to be provided, subject to acceptance of the risk by the insurer, by an insurance policy issued by an insurer as authorized by this code. (2) A person may not...”

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More Montana sources

• Mont. Code Ann. s. 33-18-201: Unfair claim settlement practices prohibitedState statute
• Mont. Code Ann. s. 33-18-202: Misrepresentation and false advertising of policies prohibitedState statute
• Mont. Code Ann. ss. 33-20-104 to 33-20-119: Standard life insurance policy provisionsState statute
• Mont. Code Ann. s. 33-17-1001: Suspension, revocation, or refusal of licenseState statute
• Montana Code Annotated Title 33 Chapter 15 - The Insurance Contract (33-15-101 through 33-15-1126)State statute
• Montana Code Annotated Title 33 Chapter 17 - Insurance Producers, Adjusters, Consultants and Administrators (33-17-101 through 33-17-1205)State statute
• Montana Code Annotated Title 33 Chapter 20 - Life Insurance and Annuity Contracts (33-20-101 through 33-20-1606)State statute
• Montana Code Annotated Title 33 Chapter 22 Parts 1-6 - Disability Insurance: general provisions, individual policy provisions, coverage requirements, group and blanket (33-22-101 through 33-22-604)State statute