33-2-106. General eligibility of insurers. (1) To qualify for and hold authority to transact insurance in this state, an insurer must be otherwise in compliance with this code and with its charter powers and must be an incorporated stock insurer, an incorporated mutual insurer, or a reciprocal insurer, all of the same general type as may hereafter be formed as a domestic insurer under this code.
(2) No foreign insurer shall be authorized to transact insurance in Montana which does not maintain reserves as required by part 5 of this chapter applicable to the kind or kinds of insurance transacted by such insurer, wherever transacted in the United States, or which transacts business anywhere in the United States on the assessment plan, stipulated premium plan, or any similar plan.
(3) No foreign insurer which is directly or indirectly owned or controlled in whole or in substantial part by any government or governmental agency shall be authorized to transact insurance in Montana unless it was so owned and first so authorized prior to January 1, 1957. Membership or subscribership in a mutual or reciprocal insurer by virtue of being a policyholder thereof, ownership of stock or other security which does not have voting rights with respect to the management of the insurer, or supervision of an insurer by public authority shall not be deemed to be an ownership or control of the insurer for the purposes of this provision.
History: En. Sec. 49, Ch. 286, L. 1959; R.C.M. 1947, 40-2804.
Structure Montana Code Annotated
Title 33. Insurance and Insurance Companies
Chapter 2. Regulation of Insurance Companies
Part 1. Authorization of Insurers
33-2-101. Certificate of authority required
33-2-102. Exceptions to certificate of authority requirement
33-2-103. Admission for investment only
33-2-104. Representing or aiding unauthorized insurer prohibited
33-2-105. Suits by unauthorized insurers prohibited
33-2-106. General eligibility of insurers
33-2-108. Combinations of insuring powers
33-2-109. Capital or surplus funds required
33-2-110. Special surplus required
33-2-112. Management qualifications and affiliations
33-2-113. and 33-2-114 reserved
33-2-115. Application for certificate of authority
33-2-116. Issuance or refusal of certificate of authority -- state ownership of certificate
33-2-117. Renewal, expiration, reinstatement, and amendment of certificate of authority
33-2-118. Mandatory revocation or suspension of certificate of authority
33-2-119. Suspension or revocation for violations and special grounds
33-2-120. Notice of suspension or revocation -- effect upon producer's authority
33-2-121. Duration of suspension -- insurer's obligations -- reinstatement
33-2-122. Rights and duties of foreign insurer
33-2-123. through 33-2-125 reserved
33-2-126. Admission as domestic insurer -- conversion to foreign insurer