Montana Code 33-19-308. Disclosure of underwriting information
33-19-308. Disclosure of underwriting information. (1) An insurance institution or insurance-support organization shall, within 30 days of receiving a written request from an entity listed in subsection (2) that it provides coverage for, disclose to that entity the following information that the entity specifically requests about the entity’s coverage:
Terms Used In Montana Code 33-19-308
- Individual: means a natural person who:
(a)regarding property or casualty insurance, is a past, present, or proposed named insured or certificate holder;
(b)regarding life, health, or disability insurance, is a past, present, or proposed principal insured or certificate holder;
(c)is a past, present, or proposed policyowner;
(d)is a past or present applicant;
(e)is a past or present claimant; or
(f)derived, derives, or is proposed to derive insurance coverage under an insurance policy or certificate subject to this chapter. See Montana Code 33-19-104
- 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-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
- Personal information: means any individually identifiable information gathered in connection with an insurance transaction from which judgments can be made about an individual's character, habits, avocations, finances, occupation, general reputation, credit, health, or any other personal characteristics. See Montana Code 33-19-104
(a)total premiums collected from the entity for the policy year; and
(b)total losses paid out with respect to the entity for the policy year.
(2)Any of the following entities may request information about the entity’s coverage pursuant to this section:
(a)an association having a group health insurance program for its members;
(b)a group purchasing cooperative;
(c)a group health plan that is a multiple employer welfare arrangement;
(d)a self-insured group; and
(e)a business that provides group health insurance for its employees, except that a business with between 2 and 50 employees is not subject to the provisions of this section.
(3)Information disclosed pursuant to this section may not include any personal information pertaining to an individual covered by a group plan that has been obtained or administered by an entity listed in subsection (2).
(4)Information that is obtainable pursuant to the provisions of this section may not be requested more than once during any calendar year.
(5)An association provided for in subsection (2)(a) must be provided with reasonable information by its insurance institution or insurance-support organization to enable the association to receive a bid or quote for coverage from other insurance entities.