Montana Code Annotated
Part 2. Life and Health Insurance Guaranty Associations
33-10-203. Creation of association -- accounts -- supervision by commissioner

33-10-203. Creation of association -- accounts -- supervision by commissioner. (1) There is created a nonprofit legal entity to be known as the Montana life and health insurance guaranty association. A member insurer must be and remain a member of the association as a condition of the member's authority to transact insurance in this state. The association shall perform functions under the plan of operation established and approved under 33-10-216 and shall exercise powers through a board of directors established under 33-10-204.
(2) For purposes of administration and assessment, the association shall maintain two accounts:
(a) the health insurance account; and
(b) the life insurance and annuity account that includes the following subaccounts:
(i) the life insurance account;
(ii) the annuity account that includes contracts owned by a governmental retirement plan or the plan's trustee established under section 401, 403(b), or 457 of the Internal Revenue Code, but does not otherwise include unallocated annuities; and
(iii) the unallocated annuity account that must exclude unallocated annuity contracts owned by a governmental retirement benefit plan or the plan's trustee established under section 401, 403(b), or 457 of the Internal Revenue Code.
(3) The association is under the immediate supervision of the commissioner and is subject to the applicable provisions of the insurance laws of this state.
History: En. 40-5806 by Sec. 6, Ch. 245, L. 1974; R.C.M. 1947, 40-5806; amd. Sec. 58, Ch. 596, L. 1993; amd. Sec. 5, Ch. 195, L. 2003; amd. Sec. 9, Ch. 469, L. 2005.

Structure Montana Code Annotated

Montana Code Annotated

Title 33. Insurance and Insurance Companies

Chapter 10. Insurance Guaranty Associations

Part 2. Life and Health Insurance Guaranty Associations

33-10-201. Short title, purpose, and construction

33-10-202. Definitions

33-10-203. Creation of association -- accounts -- supervision by commissioner

33-10-204. Board of directors -- commissioner approval -- compensation

33-10-205. Powers and duties of association

33-10-206. Records of meetings and negotiations

33-10-207. Immunity

33-10-208. Tax exemptions

33-10-209. Examination of the association -- annual report

33-10-210. Unfair trade practice -- notice to policyowners

33-10-211. through 33-10-214 reserved

33-10-215. Duties and powers of commissioner

33-10-216. Plan of operation -- delegation of powers provision

33-10-217. Prevention of insolvencies or impairments

33-10-218. Examination by commissioner -- cost

33-10-219. Repealed

33-10-220. Repealed

33-10-221. Nomination of liquidator by association -- notification given by liquidator

33-10-222. Stay of proceedings -- reopening default judgments

33-10-223. Assignment by beneficiaries -- subrogation

33-10-224. Coverage, limitations, and extent of liability

33-10-225. Association as creditor -- use of assets

33-10-226. Distribution of ownership rights -- distribution to shareholders

33-10-227. Assessments -- abatement -- basis for ratesetting

33-10-228. Repealed

33-10-229. Repealed

33-10-230. Tax -- writeoffs of certificates of contribution

33-10-231. through 33-10-234 reserved

33-10-235. Association election to continue reinsurance

33-10-236. Deposits paid to association