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
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
33-10-203. 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
33-10-209. 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
33-10-221. 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
33-10-230. Tax -- writeoffs of certificates of contribution
33-10-231. through 33-10-234 reserved