Montana Code 33-25-402. Prohibited practices — penalties — treble damages, court costs, and attorney fees — injunction
33-25-402. Prohibited practices — penalties — treble damages, court costs, and attorney fees — injunction. (1) A person found to have violated the provisions of 33-25-401 is jointly and severally liable to the person charged for the title insurance business involved in the violation for an amount equal to three times the amount of the charge paid for the business.
Terms Used In Montana Code 33-25-402
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Title insurance business: means :
(a)issuing or offering to issue a title insurance policy as an insurer;
(b)transacting or proposing to transact any of the following as a title insurer or title insurance producer, in contemplation of or in conjunction with the issuance of a title insurance policy:
(i)soliciting or negotiating the issuance of a title insurance policy;
(ii)guaranteeing, warranting, or otherwise insuring the correctness of title searches;
(iii)handling escrows, settlements, or closings;
(iv)executing title insurance policies, reports, commitments, binders, and endorsements;
(v)effecting contracts of reinsurance; or
(vi)abstracting, searching, or examining titles;
(c)transacting, as a title insurer or insurance producer, matters subsequent to the issuance of a title insurance policy and arising out of the policy; or
(d)doing or proposing to do business that, in substance, is equivalent to any of the activities described in subsections (12)(a) through (12)(c) in a manner designed to evade the provisions of this title. See Montana Code 33-25-105
(2)In a civil action based on 33-25-401 and this section, the court may award to the prevailing party court costs plus reasonable attorney fees.
(3)The commissioner may bring a civil action to enjoin a violation of 33-25-401.