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
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
33-18-209. Exceptions to discrimination and rebates provision
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
33-18-215. Postclaim underwriting prohibited -- condition
33-18-216. Unfair discrimination against victims of abuse prohibited
33-18-218. through 33-18-220 reserved
33-18-221. Designation of specific repair shops prohibited -- lists allowed
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
33-18-242. Independent cause of action -- burden of proof
33-18-243. and 33-18-244 reserved