Montana

33-18-201. Unfair claim settlement practices prohibited. No person may, with such frequency as to indicate a general business practice, do any of the following:
     (1) misrepresent pertinent facts or insurance policy provisions relating to coverages at issue;
     (2) fail to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies;
     (3) fail to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies;
     (4) refuse to pay claims without conducting a reasonable investigation based upon all available information;
     (5) fail to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed;
     (6) neglect to attempt in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear;
     (7) compel insureds to institute litigation to recover amounts due under an insurance policy by offering substantially less than the amounts ultimately recovered in actions brought by such insureds;
     (8) attempt to settle a claim for less than the amount to which a reasonable man would have believed he was entitled by reference to written or printed advertising material accompanying or made part of an application;
     (9) attempt to settle claims on the basis of an application which was altered without notice to or knowledge or consent of the insured;
     (10) make claims payments to insureds or beneficiaries not accompanied by statements setting forth the coverage under which the payments are being made;
     (11) make known to insureds or claimants a policy of appealing from arbitration awards in favor of insureds or claimants for the purpose of compelling them to accept settlements or compromises less than the amount awarded in arbitration;
     (12) delay the investigation or payment of claims by requiring an insured, claimant, or physician of either to submit a preliminary claim report and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information;
     (13) fail to promptly settle claims, if liability has become reasonably clear, under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage; or
     (14) fail to promptly provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement.

more>> http://data.opi.state.mt.us/bills/mca/33/18/33-18-201.htm

Unfair Trade Practices Act

     33-18-202. Misrepresentation and false advertising of policies prohibited. No person shall make, issue, circulate, or cause to be made, issued, or circulated any estimate, illustration, circular, sales presentation, omission, comparison, or statement which:
     (1) misrepresents the benefits, advantages, conditions, or terms of any insurance policy;
     (2) misrepresents the dividends or share of the surplus to be received on any insurance policy;
     (3) makes any false or misleading statement as to the dividends or share of surplus previously paid on any insurance policy;
     (4) is misleading or is a misrepresentation as to the financial condition of any person or as to the legal reserve system upon which any life insurer operates;
     (5) uses any name or title of any insurance policy or class of insurance policies misrepresenting the true nature thereof;
     (6) is a misrepresentation for the purpose of effecting a pledge or assignment of or effecting a loan against any insurance policy; or
     (7) misrepresents any insurance policy as being shares of stock.

more>> http://data.opi.state.mt.us/bills/mca/33/18/33-18-202.htm

33-18-206. Unfair discrimination prohibited -- life insurance, annuities, and disability insurance. (1) No person shall make or permit any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any contract of life insurance or of life annuity or in the dividends or other benefits payable thereon or in any other of the terms and conditions of such contract.
     (2) No person shall make or permit any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of disability insurance or in the benefits payable thereunder or in any of the terms or conditions of such contract or in any other manner whatever.
     (3) An insurer may not refuse to consider an application for life or disability insurance on the basis of a genetic condition, developmental delay, or developmental disability.
     (4) The rejection of an application or the determining of rates, terms, or conditions of a life or disability insurance contract on the basis of genetic condition, developmental delay, or developmental disability constitutes unfair discrimination unless the applicant's medical condition and history and either claims experience or actuarial projections establish that substantial differences in claims are likely to result from the genetic condition, developmental delay, or developmental disability.
     (5) As used in this section, the following definitions apply:
     (a) "Developmental delay" means a delay of at least 1 1/2 standard deviations from the norm.
     (b) "Developmental disability" means the singular of developmental disabilities as defined in 53-20-202.
     (c) "Genetic condition" means a specific chromosomal or single-gene genetic condition.

more>> http://data.opi.state.mt.us/bills/mca/33/18/33-18-206.htm or for whole table of contents of the unfair trade practices chapter: http://data.opi.state.mt.us/bills/mca_toc/33_18_2.htm

Imitation Crash Parts Regulations

We have not found any law yet.

Anti-Steering Regulations

33-18-221. Designation of specific repair shops prohibited -- lists allowed. (1) 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 replacement, glass repair services, or glass products insured in whole or part by the policy; or
(b) engage in any act or practice of intimidation, coercion, or threat for or against an insured person to use a particular company or location to provide automobile glass replacement, glass repair services, or glass products insured, in whole or in part, under the terms of an insurance policy.
more>> http://data.opi.state.mt.us/bills/mca/33/18/33-18-221.htm

33-18-224. Designation of specific automobile body repair shops prohibited. (1) An insurance company, including its producers and adjusters, that issues or renews a policy of insurance in this state covering, in whole or in part, a motor vehicle may not:
     (a) require that a person insured under the policy use a particular automobile repair business or location; or
     (b) engage in any act or practice that intimidates, coerces, or threatens an insured person or that provides an incentive or inducement for an insured person to use a particular automobile repair business or location.
     (2) For the purposes of this section, an incentive or inducement does not include:
     (a) providing an insured person or a customer with a list of all established automobile repair businesses or locations reasonably close to the insured person or customer that offer a warranty for the automobile repair services provided by the businesses or locations;
more>> http://data.opi.state.mt.us/bills/mca/33/18/33-18-224.htm

     33-18-223. Prohibited activities -- glass broker defined. (1) It is unlawful for an insurance company, individually or with others, to directly or indirectly:
     (a) establish an agreement with any person to act as a glass broker for the insurance company under which the glass broker sets a price that must be met by a glass repair shop as a condition for doing glass replacement or glass repair work for the insurance company;
     (b) establish an agreement with a glass broker that requires a glass repair shop to bill through that glass broker as a condition of doing glass replacement or glass repair work; or
     (c) establish a price that must be met by a glass repair shop as a condition for doing glass replacement or glass repair work that is below the lowest prevailing market price as provided in 33-18-222.
     (2) As used in this section, "glass broker" means an automobile glass company that acts as a third-party agent for the insurer whenever the glass broker enters into agreements with other automobile glass dealers to perform glass replacement or glass repair work.

more>> http://data.opi.state.mt.us/bills/mca/33/18/33-18-223.htm

Timely Notification

No person may, with such frequency as to indicate a general business practice, do any of the following:

(2) fail to acknowledge and act reasonably promptly upon communications with respect to claims arising under insurance policies;
(3) fail to adopt and implement reasonable standards for the prompt investigation of claims arising under insurance policies;

more>> http://data.opi.state.mt.us/bills/mca/33/18/33-18-201.htm

Timely Payment

No person may, with such frequency as to indicate a general business practice, do any of the following:

(4) refuse to pay claims without conducting a reasonable investigation based upon all available information;
(5) fail to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed;
(6) neglect to attempt in good faith to effectuate prompt, fair, and equitable settlements of claims in which liability has become reasonably clear;

updates>> http://data.opi.state.mt.us/bills/mca/33/18/33-18-201.htm

33-18-232. Time for payment of claims. (1) If within 30 days after receipt of a proof of loss, the insurer has not paid the claim for benefits provided in the policy or contract or notified the insured or the insured's assignee of the reasons for failure to pay the claim in full and has not requested additional information or documents, the insured or the assignee may report the delay to the commissioner, who may then investigate to determine if the insurer has failed to pay the claim within 30 days of its receipt without good reason and, if so, whether such delay is a general course of business practice of the insurer.
(2) Upon the commissioner's determination that the delay is a general course of business practice and for a year thereafter unless earlier rescinded by the commissioner, all claims for benefits not paid by that insurer within 30 working days after receipt by the insurer, without good reason as determined by the commissioner, shall obligate the insurer to pay interest at 18% a year from the date the commissioner determines that the delay became unreasonable.

more>> http://data.opi.state.mt.us/bills/mca/33/18/33-18-232.htm

False & Misleading Advertising

33-18-203. False or deceptive advertising prohibited. No person shall make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication or in the form of a notice, circular, pamphlet, letter, or poster or over any radio or television station or in any other way, 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 his insurance business, which is untrue, deceptive, or misleading.

more>> http://data.opi.state.mt.us/bills/mca/33/18/33-18-203.htm

False Use of Insurer’s Name

No person shall make, issue, circulate, or cause to be made, issued, or circulated any estimate, illustration, circular, sales presentation, omission, comparison, or statement which:

(5) uses any name or title of any insurance policy or class of insurance policies misrepresenting the true nature thereof;

more>> http://data.opi.state.mt.us/bills/mca/33/18/33-18-202.htm

Total Losses

33-23-202. Reimbursement for total loss of motor vehicle based on actual replacement value. Each motor vehicle insurance policy issued to residents of this state that provides that reimbursement for total loss of a motor vehicle be based on a "book" value rather than on the actual replacement value is void as to that provision, and reimbursement must be made for actual replacement value except as provided in 27-1-306.

more>> http://data.opi.state.mt.us/bills/mca/33/23/33-23-202.htm

27-1-306. When replacement value to be allowed. The measure of damages in a case in which the cost of repairing a motor vehicle exceeds its value is the actual replacement value of the motor vehicle rather than its "book" value unless, after the damages arise, the parties agree to use the "book" value. "Book" value must be determined by referring to the most recent volume of the Mountain States Edition of the National Automobile Dealers Association (N.A.D.A.) Official Used Car Guide, the National Edition of N.A.D.A. Appraisal Guides Official Older Used Car Guide, or another nationally published used vehicle or appraisal guide approved by the department of revenue. Actual replacement value is the actual cash value of the motor vehicle immediately prior to the damage. "Book" value may be used to assist in determining the actual replacement value of the motor vehicle.

update>> http://data.opi.state.mt.us/bills/mca/27/1/27-1-306.htm

Consumer Sales Practices Acts

30-2-201. Formal requirements -- statute of frauds. (1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing.
     (2) Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (1) against such party unless written notice of objection to its contents is given within 10 days after it is received.
     (3) A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable:
     (a) if the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller's business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or
     (b) if the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or
     (c) with respect to goods for which payment has been made and accepted or which have been received and accepted (30-2-606).

update>> http://data.opi.state.mt.us/bills/mca/30/2/30-2-201.htm

30-2-206. Offer and acceptance in formation of contract. (1) Unless otherwise unambiguously indicated by the language or circumstances:
     (a) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances;
     (b) an order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or nonconforming goods, but such a shipment of nonconforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer.
     (2) Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.

update>> http://data.opi.state.mt.us/bills/mca/30/2/30-2-206.htm or table of contents for chapter http://data.opi.state.mt.us/bills/mca_toc/30_2.htm

Consumer Auto Repair Practices Acts

We have not found any law yet.
Telemarketing laws

30-14-1404. Registration of sellers or telemarketers. (1) (a) Unless exempt under 30-14-1405, a person may not act as a seller or telemarketer without first having registered with the department.
     (b) The initial application for registration must be approved by the department prior to a seller or telemarketer offering or offering for sale consumer goods or services through any medium.
     (c) A registered seller or telemarketer shall submit an application for renewal of registration annually to the department.
     (d) The application for a certificate of registration or renewal must include but is not limited to the following information:
     (i) the true name, current address, telephone number, and location of the seller or telemarketer, including each name under which the seller or telemarketer intends to engage in telemarketing;
     (ii) each occupation or business that the seller's or telemarketer's principal owner has engaged in for the 2 years immediately preceding the date of the application;
     (iii) whether any principal or manager has been convicted or pleaded guilty to or is being prosecuted by indictment for racketeering, violations of state or federal securities laws, or a theft offense;
     (iv) whether there has been entered against any principal or manager an injunction, a temporary restraining order, or a final judgment in any civil or administrative action involving fraud, theft, racketeering, embezzlement, fraudulent conversion, misappropriation of property, or violation of any federal or state consumer protection law. The information must include any pending litigation against the applicant.
     (v) whether the seller, at any time during the previous 7 years, has filed for bankruptcy, been adjudged bankrupt, or been reorganized because of insolvency;
     (vi) the true name, current home address, date of birth, social security number, and all other names of the following:
     (A) each telemarketer or other person to be employed by the seller;
     (B) each person participating in or responsible for the management of the seller's business; and
     (C) each person, office manager, or supervisor principally responsible for the management of the seller's business;
     (vii) the name, address, and account number of every institution where banking or any other monetary transactions are conducted by the seller; and
     (viii) a copy of all scripts, outlines, or presentation material that the seller will require a telemarketer to use when soliciting, as well as all sales information to be provided by the seller to a purchaser in connection with any solicitation.
     (2) (a) The application for registration or renewal must be accompanied by a surety bond in the amount of $50,000. The bond must provide for indemnification to the state of Montana for any person suffering a loss as the result of violation of this part.
     (b) The surety may for any cause cancel the bond upon giving a 60-day written notice by certified mail to the applicant and to the department. Unless the bond is replaced by that of another surety before the expiration of the 60-day notice of cancellation, the registration of the seller or telemarketer must be treated as lapsed.
     (c) The surety bond must remain in effect for 1 year from the period the telemarketing business ceases to operate in this state.
     (d) (i) Any business required under this part to file a bond with a registration application may file, in lieu of the bond, a certificate of deposit, cash, or a government bond in the amount of $50,000.
     (ii) The department shall hold the cash, certificate of deposit, or government bond for 1 year from the period the telemarketing business ceases to operate in this state or registration lapses in order to pay claims made against the telemarketing business for its activities during its period of operation in this state.
     (iii) For the purposes of this section, "government bond" means any United States bond, treasury note, or other public debt obligation of the United States that is unconditionally guaranteed as to both interest and principal by the United States.
     (e) The registration of a telemarketing business must be treated as lapsed if at any time the amount of the bond, cash, certificate of deposit, or government bond falls below the amount required by this section.
     (f) The aggregate liability of the surety company to the state of Montana for all persons injured by a seller's or telemarketer's violations may not exceed the amount of the bond.
     (3) The following constitute a violation of this part:
     (a) failure to register, maintain, or renew a registration if required;
     (b) failure to meet the surety bond requirement if required to provide a bond;
     (c) including any false or misleading information on a registration application; and
     (d) misrepresenting that a seller or telemarketer is registered.
     (4) A violation of subsection (3) of this section also constitutes a violation of 30-14-103 and is subject to the penalty provisions of 30-14-1414 and the Montana Unfair Trade Practices and Consumer Protection Act of 1973.

update>> http://data.opi.state.mt.us/bills/mca/30/14/30-14-1404.htm

30-14-1411. Prohibited acts and practices. (1) It is a violation of this part for a seller or telemarketer, purposely or knowingly, to engage in the following conduct:
     (a) advertise or represent that registration as a seller or telemarketer equals an endorsement or approval by the state or any political subdivision of the state;
     (b) assist, support, or provide substantial assistance to any telemarketer when the seller knew or should have known that the telemarketer was engaged in any act or practice violating 30-14-1408 or this section;
     (c) request a fee in advance to remove derogatory information from or improve a person's credit history or credit record;
     (d) request or receive payment in advance from a person to recover or otherwise aid in the return of money or any other item lost by the person in a prior telemarketing transaction; however, this subsection does not apply to services rendered to a person by a licensed attorney;
     (e) obtain or submit for payment a check, draft, or other form of negotiable paper drawn on a person's checking, savings, bond, or other account without the person's express written authorization; or
     (f) procure the services of any professional delivery, courier, or other pickup service to obtain immediate receipt or possession of a person's payment unless the goods are delivered with the opportunity to inspect them before any payment is collected.
     (2) Failure to comply with the provisions of subsection (1) constitutes a violation of 30-14-103 and is subject to the penalty provisions of 30-14-1414 and the Montana Unfair Trade Practices and Consumer Protection Act of 1973.

update>> http://data.opi.state.mt.us/bills/mca/30/14/30-14-1411.htm

30-14-1412. Abusive acts and practices. (1) It is an abusive telemarketing act or practice and a violation of this part for any seller or telemarketer to engage in the following conduct:
     (a) use threatening, intimidating, or profane or obscene language;
     (b) engage any person repeatedly or continuously with behavior a reasonable person would consider annoying, abusive, or harassing;
     (c) initiate a telemarketing call to a person who has stated previously, in compliance with 16 CFR 310 and 47 CFR 64.1200, that the person does not wish to receive solicitation calls from that seller or telemarketer;
     (d) engage in telemarketing to a person's residence at any time other than between 8 a.m. and 9 p.m. local time at the called person's location;
     (e) engage in any other conduct that would be considered abusive to any reasonable consumer; or
     (f) intentionally block a person using caller identification or "*69" from accessing the seller's or telemarketer's phone number. It is not a violation of this subsection (1)(f) to provide a reasonable substitute name and number that accurately identify the entity causing the call to be made and a working telephone number at which the entity's personnel can be contacted.
     (2) The department or the attorney general may seek injunctive or declaratory relief or any other remedy provided in Title 30, chapter 14, part 1, for any violations of this section.

update>> http://data.opi.state.mt.us/bills/mca/30/14/30-14-1412.htm or table of contents of chapter http://data.opi.state.mt.us/bills/mca_toc/30_14_14.htm

Home Sales Act

30-14-502. Definitions. As used in this part, the following definitions apply:
     (1) "Buyer" means anyone who gives a consideration for the purchase or use of goods or services.
     (2) "Personal solicitation" means any attempt by a seller who regularly engages in transactions of the same kind to sell goods or services which are primarily for personal, family, or household purposes, when either the seller or a person acting for him contacts the buyer by telephone or in person other than at the place of business of the seller, except:
     (a) an attempted sale in which the buyer personally knows the identity of the seller, the name of the business, firm, or organization he represents, and the identity or kinds of goods or services offered for sale;
     (b) an attempted sale in which the buyer has initiated the contact with the seller;
     (c) an attempted sale of a newspaper subscription in which the seller is a minor engaged in both the delivery and the sale of the newspaper; or
     (d) an attempted sale of an insurance policy.
     (3) "Personal solicitation sale" means the purchase, lease, or rental of any goods or services following a personal solicitation by the seller or a person acting for him, provided the buyer is required to give consideration in excess of $25 in cash or credit therefor.
     (4) "Seller" means a lessor, renter, or anyone offering goods or services for consideration, including assignee of a seller.

update>> http://data.opi.state.mt.us/bills/mca/30/14/30-14-502.htm

30-14-503. Disclosure obligation. Before any personal solicitation each seller shall, at the time of initial contact or communication with the potential buyer, clearly and expressly disclose the individual seller's name, the name of the business, firm, or organization he represents, the identity or kinds of goods or services he wishes to demonstrate or sell, and that he wishes to demonstrate or sell the identified goods or services. When the initial contact is made in person, the seller shall also show the potential buyer an identification card which clearly states the seller's name and the name of the business or organization he represents. The disclosures required by this section shall be made before asking any questions or making any statements except an initial greeting. Nonprofit organizations are exempt from the requirements of this section.

update>> http://data.opi.state.mt.us/bills/mca/30/14/30-14-503.htm

30-14-504. Buyer's right to cancel -- time allowed -- notice -- return of goods. (1) Except as provided in subsection (5), in addition to any right otherwise to revoke an offer, the buyer or any other person obligated for any part of the purchase price may cancel a personal solicitation sale until midnight of the third business day after the day on which the buyer has signed an agreement or offer to purchase relating to such sale, provided that in the case of a personal solicitation sale made by telephone, the buyer may cancel at any time prior to his signing of an agreement or offer to purchase relating to such sale.
     (2) Cancellation occurs when written notice of cancellation is given to the seller.
     (3) Notice of cancellation, if given by mail, is considered given when deposited in a mailbox properly addressed and postage prepaid.
     (4) Notice of cancellation need not take the form prescribed and shall be sufficient if it indicates the intention of the buyer not to be bound.
     (5) A personal solicitation sale may not be canceled if, in the case of goods, the goods cannot be returned to the seller in substantially the same condition as when received by the buyer.

update>> http://data.opi.state.mt.us/bills/mca/30/14/30-14-504.htm

30-14-505. Notice of right to cancel. (1) The seller shall furnish the buyer a notice which contains the statement set forth in subsection (1)(a) or a statement as prescribed by federal trade commission rule governing door-to-door sales and printed in capital and lowercase letters of not less than 10-point boldfaced type with the seller's name and business address and the statement set forth in subsection (1)(b):
(a) YOU MAY CANCEL THIS SALE WITHIN THREE BUSINESS DAYS.
If you decide within 3 days that you want to cancel the sale, tear off and mail the bottom of this card. To cancel, the card must be mailed BY CERTIFIED MAIL within 3 days after you sign the contract.

r (date)

(b) CONTRACT CANCELED

I hereby cancel this sale.

r (Buyer's signature)

(2) Until the seller has complied with this section, the buyer or any other person obligated for any part of the purchase price may cancel the personal solicitation sale by notifying the seller in any manner and by any means of his intention to cancel; provided, however, that failure to mail the cancellation by certified mail does not nullify the cancellation as long as the cancellation is mailed within the prescribed time period. The period prescribed by 30-14-504 shall begin to run from the time the seller complies with this section.

update>> http://data.opi.state.mt.us/bills/mca/30/14/30-14-505.htm

30-14-506. Repayment to buyer -- retention of goods by buyer. (1) Except as provided in this section, within 10 days after a personal solicitation sale has been canceled or an offer to purchase revoked, the seller shall tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness.
     (2) If the down payment includes goods traded in, the goods shall be tendered in substantially as good condition as when received by the seller. If the seller fails to tender the goods as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement.
     (3) If the seller refuses within the period prescribed by subsection (1) to return the cash down payment or goods tendered as down payment, he shall be liable to the buyer for the entire down payment, and if the buyer is successful in his action therefor, the court shall also award him $100 plus reasonable attorneys' fees and costs.
     (4) Until the seller has complied with this section, the buyer may retain possession of goods delivered to him by the seller and shall have a lien on the goods in his possession or control for any recovery to which he may be entitled.

update>> http://data.opi.state.mt.us/bills/mca/30/14/30-14-506.htm

30-14-507. Redelivery of goods. (1) Except as provided by 30-14-506(4), within a reasonable time after a personal solicitation sale has been canceled or an offer to purchase revoked, the buyer upon demand shall tender to the seller any goods delivered by the seller pursuant to the sale but need not tender at any place other than his residence. If the seller fails to demand possession of such goods within a reasonable time after cancellation or revocation, the goods shall become the property of the buyer without obligation to pay for them. For the purpose of this section, 40 days shall be presumed to be a reasonable time.
(2) The buyer shall take reasonable care of the goods in his possession both before cancellation or revocation and for a reasonable time thereafter, during which time the goods are otherwise at the seller's risk, and such goods must be returned in substantially the same condition as received.

update>> http://data.opi.state.mt.us/bills/mca/30/14/30-14-507.htm

Licensing Adjusters
     33-2-1601. Licensure of managing general agent. (1) A person, firm, association, or corporation may not act in the capacity of a managing general agent with respect to risks located in this state for an insurer licensed in this state unless the person is a licensed producer in this state.
     (2) A person, firm, association, or corporation may not act in the capacity of a managing general agent representing an insurer domiciled in this state with respect to risks located outside this state unless the person is licensed as a resident or nonresident producer in this state pursuant to the provisions of this part.
     (3) The commissioner may require a bond in an amount acceptable to the commissioner for the protection of the insurer.
     (4) The commissioner may require the managing general agent to maintain a policy on errors and omissions.

update>> http://data.opi.state.mt.us/bills/mca/33/2/33-2-1601.htm

33-2-1602. Managing general agent -- required contract provisions. A person acting in the capacity of a managing general agent may not place business with an insurer unless there is in force a written contract between the parties that sets forth the responsibilities of each party. Whenever both parties share responsibility for a particular function, the written contract must specify the division of responsibilities. The contract must provide at least the following:
     (1) The insurer may terminate the contract for cause upon written notice to the managing general agent. The insurer may suspend the underwriting authority of the managing general agent during the pendency of any dispute regarding the cause for termination.
     (2) The managing general agent shall render accounts to the insurer, detailing all transactions, and shall remit all funds due under the contract to the insurer on not less than a monthly basis.
     (3) All funds collected for the account of an insurer must be held by the managing general agent in a fiduciary capacity in a bank that is a member of the federal reserve system. This account must be used for all payments on behalf of the insurer. The managing general agent may not retain more than 3 months' estimated claims payments and allocated loss adjustment expenses.
     (4) Separate records of business written by the managing general agent must be maintained. The insurer has access to and may copy all accounts and records that are related to its business, in a form usable by the insurer. The commissioner has access to all books, bank accounts, and records of the managing general agent in a form usable to the commissioner. The records must be retained pursuant to 33-3-401.
     (5) The contract may not be assigned in whole or in part by the managing general agent.
     (6) The contract must contain appropriate underwriting guidelines, including:
     (a) the maximum annual premium volume;
     (b) the basis of the rates to be charged;
     (c) the types of risks that may be written;
     (d) maximum limits of liability;
     (e) any applicable exclusions;
     (f) the territorial limitations;
     (g) policy cancellation provisions; and
     (h) the maximum policy period.
     (7) The insurer may cancel or decline to renew any policy of insurance, as provided by law.
     (8) If the contract permits the managing general agent to settle claims on behalf of the insurer:
     (a) all claims must be reported to the company in a timely manner;
     (b) a copy of the claims file must be sent to the insurer at its request or as soon as it becomes known that the claim:
     (i) has the potential to exceed an amount determined by the commissioner or actually exceeds the limit set by the company, whichever is less;
     (ii) involves a coverage dispute;
     (iii) may exceed the managing general agent's claims settlement authority;
     (iv) is open for more than 6 months; or
     (v) is closed by payment of an amount set by the commissioner or an amount set by the company, whichever is less;
     (c) all claims files are the joint property of the insurer and managing general agent. However, upon an order of liquidation of the insurer, the files become the sole property of the insurer or its estate. The managing general agent has reasonable access to and may copy the files on a timely basis.
     (d) any settlement authority granted to the managing general agent may be terminated for cause upon the insurer's written notice to the managing general agent or upon the termination of the contract. The insurer may suspend the settlement authority during the pendency of any dispute regarding the cause for termination.
     (9) When electronic claims files are in existence, the contract must address the timely transmission of the data.
     (10) If the contract provides for a sharing of interim profits by the managing general agent and the managing general agent has the authority to determine the amount of the interim profits, whether by establishing loss reserves or controlling claim payments or in any other manner, interim profits may not be paid to the managing general agent until:
     (a) 1 year after they are earned for property insurance business;
     (b) 5 years after they are earned on casualty business; and
     (c) the profits have been verified.
     (11) The managing general agent may not:
     (a) bind reinsurance or retrocessions on behalf of the insurer, except that the managing general agent may bind facultative reinsurance contracts pursuant to obligatory facultative agreements if the contract with the insurer contains reinsurance underwriting guidelines, including for reinsurance assumed and ceded:
     (i) a list of reinsurers with which automatic agreements are in effect;
     (ii) the coverages and amounts or percentages that may be reinsured; and
     (iii) commission schedules;
     (b) commit the insurer to participate in insurance or reinsurance syndicates;
     (c) appoint any producer without ensuring that the producer is lawfully licensed to transact the type of insurance for which the producer is appointed;
     (d) without prior approval of the insurer, pay or commit the insurer to pay a claim over a specified amount, net of reinsurance, which may not exceed 1% of the insurer's policyholder's surplus as of December 31 of the last completed calendar year;
     (e) collect any payment from a reinsurer or commit the insurer to any claim settlement with a reinsurer without the prior approval of the insurer. If prior approval is given, a report must be promptly forwarded to the insurer.
     (f) permit its subproducer to serve on the insurer's board of directors;
     (g) jointly employ an individual who is employed with the insurer; or
     (h) appoint a submanaging general agent.

update>> http://data.opi.state.mt.us/bills/mca/33/2/33-2-1602.htm

33-2-1603. Duties of insurers. (1) The insurer must have on file an independent financial examination, in a form acceptable to the commissioner, of each managing general agent with which it has done business.
     (2) If a managing general agent establishes loss reserves, the insurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the managing general agent. This is in addition to any other required loss reserve certification.
     (3) At least semiannually, the insurer shall conduct an onsite review of the underwriting and claims processing operations of the managing general agent.
     (4) Binding authority for all reinsurance contracts or participation in insurance or reinsurance syndicates rests with an officer of the insurer who is not affiliated with the managing general agent.
     (5) Within 30 days of entering into or termination of a contract with a managing general agent, the insurer shall provide the commissioner with written notification of the appointment or termination. Notices of appointment of a managing general agent must include a statement of duties that the applicant is expected to perform on behalf of the insurer, the lines of insurance for which the applicant is to be authorized to act, and any other information the commissioner may request.
     (6) An insurer shall review its books and records each quarter to determine if any producer has become a managing general agent. If the insurer determines that a producer has become a managing general agent, the insurer shall promptly notify the producer and the commissioner of the determination and the insurer and the producer shall comply with this part within 30 days.
     (7) An insurer may not appoint to its board of directors an officer, director, employee, subproducer, or controlling shareholder of its managing general agent. This subsection does not apply to relationships governed by Title 33, chapter 2, part 11, or 33-2-1509 through 33-2-1514.

update>> http://data.opi.state.mt.us/bills/mca/33/2/33-2-1603.htm

33-17-301. Adjuster license -- qualifications -- catastrophe adjustments -- public adjuster. (1) A person may not act as or purport to be an adjuster in this state unless licensed as an adjuster under this chapter. A person shall apply for an adjuster license to the commissioner according to forms that the commissioner prescribes and furnishes. The commissioner shall issue the adjuster license to individuals qualified to be licensed as an adjuster.
     (2) To be licensed as an adjuster, the applicant:
     (a) must be an individual 18 years of age or more;
     (b) must be a resident of Montana or resident of another state that will permit residents of Montana regularly to act as adjusters in the other state;
     (c) must be a full-time salaried employee of a licensed adjuster or a graduate of a recognized law school or have had experience or special education or training as to the handling of loss claims under insurance contracts of sufficient duration and extent reasonably to make the applicant competent to fulfill the responsibilities of an adjuster;
     (d) must be trustworthy and of good character and reputation; and
     (e) must have and shall maintain in this state an office accessible to the public and shall keep in the office for not less than 5 years the usual and customary records pertaining to transactions under the license. This provision does not prohibit maintenance of the office in the home of the licensee.
     (3) A partnership or corporation, whether or not organized under the laws of this state, may be licensed as an adjuster if each individual who is to exercise the adjuster license powers is separately licensed or is named in the partnership or corporation adjuster license and is qualified for an individual adjuster license.
     (4) An adjuster license or qualifications are not required for an adjuster who is sent into this state by and on behalf of an insurer or adjusting partnership or corporation for the purpose of investigating or making adjustments of a particular loss under an insurance policy or for the adjustment of a series of losses resulting from a catastrophe common to all losses.
     (5) An adjuster license continues in force until expired, suspended, revoked, or terminated. The license is subject to renewal upon written request to the commissioner.
     (6) The commissioner may adopt rules providing for the examination, licensure, bonding, and regulation of public adjusters.

update>> http://data.opi.state.mt.us/bills/mca/33/17/33-17-301.htm

Diminished Value

We have not found any law yet.

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