33-22-122. Contents of notice — proof — limitation on recovery — exemptions. (1) (a) The notice of cancellation must state:

Terms Used In Montana Code 33-22-122

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • 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

(i)the amount of the premium, installment, or interest due on the policy or certificate;

(ii)the place where it must be paid; and

(iii)the name and address of the person or company to which the premium is payable.

(b)The notice must also state:

(i)that, unless the premium or other sums are paid to the company or its insurance producer, the policy or certificate will be canceled; and

(ii)the date, determined in accordance with 33-22-121, on which cancellation will become effective.

(2)”Policyowner” or “certificate holder”, as used in this section, means the owner of the policy or certificate or any other person designated as the person to receive premium notices, as shown by the records of the insurance company.

(3)If any responsible officer, clerk, or insurance producer of the insurance company authorized to mail the notice states in an affidavit that it is the standard practice of the company to mail to policyowners or certificate holders the notice required by this section, the affidavit is prima facie evidence that the notice has been given.

(4)An action may not be maintained to recover under a lapsed or forfeited policy or certificate on the ground that the insurance company failed to comply with this section unless the action is instituted within 2 years from the due date upon which default was made in paying the premium, installment, or interest for which lapse or forfeiture is claimed.

(5)Section 33-22-121 does not apply to:

(a)group health plans; or

(b)industrial life or industrial disability policies.