Montana Code Annotated
Part 2. Insurer's Relations With Insured and Claimant
33-18-221. Designation of specific repair shops prohibited -- lists allowed

33-18-221. Designation of specific repair shops prohibited -- lists allowed. (1) An insurance company, including its producers and adjusters, that issues or renews a policy of insurance in this state covering, in whole or part, a motor vehicle may not:
(a) require that a person insured under the policy use a particular company or location for providing automobile glass replacement, glass repair services, or glass products insured in whole or part by the policy; or
(b) engage in any act or practice of intimidation, coercion, or threat for or against an insured person to use a particular company or location to provide automobile glass replacement, glass repair services, or glass products insured, in whole or in part, under the terms of an insurance policy.
(2) (a) An insurance company may provide an insured with a list that includes the names of particular companies or locations providing automobile glass replacement, glass repair services, or glass products if some of the listed companies or locations are reasonably close and convenient to the insured. The insurance company may restrict the list to those companies or locations that meet reasonable standards of quality, service, and safety.
(b) The insured may use a nonlisted company or location at the insured's sole discretion, and subject to the provisions of subsections (2)(c) and (3), the insurance company will fully and promptly pay for the cost of automobile glass replacement, glass repair services, or glass products provided, less any deductible under the terms of the policy.
(c) If the insured does not use a list as provided in subsection (2)(a), the insurer may require the insured to obtain not more than three competitive bids to establish the cost of automobile glass replacement, glass repair services, or glass products provided.
(3) This section does not require an insurer to pay more for automobile glass replacement, glass repair services, or glass products than the market price as defined in 33-18-222.
(4) Notwithstanding the provisions of subsections (1) through (3), an insurance company may agree to pay the full cost of glass replacement or repair.
History: En. Sec. 1, Ch. 554, L. 1993; amd. Sec. 2, Ch. 526, L. 1999; amd. Sec. 2, Ch. 345, L. 2001; amd. Sec. 1, Ch. 192, L. 2009.

Structure Montana Code Annotated

Montana Code Annotated

Title 33. Insurance and Insurance Companies

Chapter 18. Unfair Trade Practices

Part 2. Insurer's Relations With Insured and Claimant

33-18-201. Unfair claim settlement practices prohibited

33-18-202. Misrepresentation and false advertising of policies prohibited

33-18-203. False or deceptive advertising prohibited

33-18-204. Twisting prohibited

33-18-205. Filing or publishing false financial statements or making false entries prohibited

33-18-206. Unfair discrimination prohibited -- life insurance, annuities, and disability insurance

33-18-207. Preferred rates to fictitious groups prohibited -- approval of preferred group rates and forms

33-18-208. Contract to contain agreements -- rebates prohibited -- life, disability, and annuity contracts

33-18-209. Exceptions to discrimination and rebates provision

33-18-210. Unfair discrimination and rebates prohibited for title, property, casualty, or surety insurance -- exceptions -- limitations

33-18-211. Stock operations and advisory board contracts

33-18-212. Illegal dealing in premiums -- improper charges for insurance

33-18-213. Extension of credit to policyholder

33-18-214. Repealed

33-18-215. Postclaim underwriting prohibited -- condition

33-18-216. Unfair discrimination against victims of abuse prohibited

33-18-217. Military discount exception to rebate and discount prohibition for property or casualty insurance

33-18-218. through 33-18-220 reserved

33-18-221. Designation of specific repair shops prohibited -- lists allowed

33-18-222. Market price

33-18-223. Prohibited activities -- glass broker defined

33-18-224. Designation of specific automobile body repair businesses prohibited

33-18-225. Designation of specific car rental business prohibited

33-18-226. through 33-18-230 reserved

33-18-231. State administrative process to provide timely payment of medical benefits -- definitions

33-18-232. Time for payment of claims

33-18-233. Administrative penalty for failure to pay promptly

33-18-234. Right of privacy guaranteed

33-18-235. Rulemaking authority

33-18-236. through 33-18-240 reserved

33-18-241. Repealed

33-18-242. Independent cause of action -- burden of proof

33-18-243. and 33-18-244 reserved

33-18-245. Prompt payment of motor vehicle damage claims

33-18-246. reserved

33-18-247. Unfair discrimination prohibited -- anatomical gifts, organ transplants, and related treatment