33-16-230. Rate reduction for military defensive drivers — effective period — exclusions. (1) (a) Any rates, rating schedules, or rating manuals for liability, bodily injury, or collision coverages of a motor vehicle insurance policy filed with the insurance department must provide for an appropriate premium reduction as determined by the insurer for a member of the Montana national guard who is an insured operator of a covered nonmilitary vehicle and who has successfully completed a defensive driving course referred to in 61-2-102(2).

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Terms Used In Montana Code 33-16-230

  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201

(b)Any discount used by the insurer is presumed appropriate unless credible data demonstrates otherwise.

(2)The premium reduction required under subsection (1)(a) is effective for an insured for 3 years after successful completion of the approved course. Each person shall successfully complete a defensive driving course referred to in 61-2-102(2) every 3 years to remain eligible for the reduction provided in subsection (1)(a).

(3)Subsection (1)(a) does not apply if the approved course is taken as punishment specified by a court or other governmental entity for a moving traffic violation.

(4)An insurer may deny the discount under subsection (1)(a) if within 3 years prior to the insured’s application for the rate reduction or during the period for which the rate reduction is provided:

(a)the insured was convicted of or plead guilty or nolo contendere to a moving traffic violation;

(b)the insured has forfeited bail or collateral for a moving traffic violation; or

(c)the insured was convicted by a court or found at fault in a motor vehicle accident.