Montana Code 33-19-103. Scope
33-19-103. Scope. (1) The obligations imposed by this chapter apply to those insurance institutions, insurance producers, or insurance-support organizations that, on or after July 1, 1982:
Terms Used In Montana Code 33-19-103
- Insurance institution: means a corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd's insurer, fraternal benefit society, or other person engaged in the business of insurance, including health maintenance organizations, and health service corporations as defined in 33-30-101. See Montana Code 33-19-104
- Insurance producer: means an insurance producer as defined in 33-17-102 and 33-30-311. See Montana Code 33-19-104
- Insurance-support organization: means a person who assembles or collects information about natural persons for the purpose of providing the information to an insurance institution or insurance producer for insurance transactions, including:
(i)the furnishing of consumer reports or investigative consumer reports to an insurance institution or insurance producer for use in connection with an insurance transaction; or
(ii)the collection of personal information from insurance institutions, insurance producers, or other insurance-support organizations for the purpose of detecting or preventing fraud, material misrepresentation, or material nondisclosure in connection with insurance underwriting or insurance claim activity. See Montana Code 33-19-104
- Person: means a natural person, corporation, association, partnership, or other legal entity. See Montana Code 33-19-104
- Property: means real and personal property. See Montana Code 1-1-205
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)in the case of life, health, or disability insurance:
(i)collect, receive, or maintain information in connection with insurance transactions that pertains to natural persons who are residents of this state; or
(ii)engage in insurance transactions with applicants, individuals, or policyholders who are residents of this state; and
(b)in the case of property or casualty insurance:
(i)collect, receive, or maintain information in connection with insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state; or
(ii)engage in insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state.
(2)The rights granted by this chapter extend to:
(a)in the case of life, health, or disability insurance, the following persons who are residents of this state:
(i)natural persons who are the subject of information collected, received, or maintained in connection with insurance transactions; and
(ii)applicants, individuals, or policyholders who engage in or seek to engage in insurance transactions; and
(b)in the case of property or casualty insurance, the following persons:
(i)natural persons who are the subject of information collected, received, or maintained in connection with insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state; and
(ii)applicants, individuals, or policyholders who engage in or seek to engage in insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state.
(3)For the purposes of this section, a person is considered a resident of this state if the person’s last-known mailing address, as shown in the records of the insurance institution, insurance producer, or insurance-support organization, is located in this state.
(4)This chapter does not apply to information collected from the public records of a governmental authority and maintained by an insurance institution or its representatives for the purpose of insuring the title to real property located in this state.