33-18-225. Designation of specific car rental business prohibited. (1) An insurance company, including its producers and adjusters, that issues or renews a policy of insurance in this state covering, in whole or in part, a motor vehicle may not:
(a) require that a person, whether or not insured by the insurance company, for whom the insurance company is obligated to provide a car rental while the person's own car is being repaired use a particular car rental business; or
(b) engage in any act or practice that intimidates, coerces, or threatens a person to use a particular car rental business.
(2) (a) An insurance company that is subject to the provisions of this section and that provides for direct payment to any one or more car rental businesses in this state must provide for direct payment to any car rental business selected by a person described in subsection (1)(a).
(b) For the purposes of this section, "direct payment" means a method by which an insurance company makes a direct payment on behalf of an insured or a third party either through electronic means or by check to a car rental business.
(c) The insurance company may approve the daily rate to be paid by the insurance company based on the car classification.
(d) The insurance company is not obligated to pay more to the car rental business than is provided in the insured's policy limits pursuant to 33-23-203.
(3) This section does not require an insurer to pay more for a comparable car rental than the lowest price negotiated between a car rental business and the insurer.
(4) This section does not prohibit an insurer, its producers, or its adjusters from providing to a customer the name of a car rental business with which arrangements may have been made to provide car rental services as long as the ultimate choice is left to the person described in subsection (1)(a).
History: En. Sec. 1, Ch. 251, L. 2005.
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