80-2-244. Payment of losses. (1) The department shall, as soon as practicable after the loss has been sustained, arrange for the payment of the loss in the following manner. From the amount of the loss as adjusted for each claimant, the department shall deduct the amount that the claimant then owes as a delinquent hail insurance fee and the maximum amount assessed as a hail insurance fee for the current year.
(2) The department shall on or before November 1 order payment for the balance of the adjustment to be sent to the claimant, provided that the payment for loss may not exceed the maximum amounts established in 80-2-208. A claimant may not receive payment for any loss incurred if the loss does not equal or exceed 5% of the total value of the crop insured. If the losses in any year exceed the current fees plus the reserve, then the payment of all losses must be prorated among all growers having loss claims adjusted and approved, and the unpaid balance of the losses must be paid out of the reserve without interest in the order that the department directs when, in the judgment of the department, there is sufficient money to provide for the payment of the claims and other items payable out of the reserve.
History: En. Sec. 10, Ch. 169, L. 1917; amd. Sec. 7, Ch. 34, L. 1919; amd. Sec. 5, Ch. 141, L. 1921; re-en. Sec. 361, R.C.M. 1921; amd. Sec. 11, Ch. 40, L. 1923; amd. Sec. 2, Ch. 8, L. 1929; re-en. Sec. 361, R.C.M. 1935; amd. Sec. 5, Ch. 33, L. 1949; amd. Sec. 4, Ch. 200, L. 1953; amd. Sec. 77, Ch. 147, L. 1963; amd. Sec. 4, Ch. 154, L. 1975; amd. Sec. 33, Ch. 13, L. 1977; R.C.M. 1947, 82-1517; amd. Sec. 14, Ch. 691, L. 1983; amd. Sec. 220, Ch. 574, L. 2001; amd. Sec. 2, Ch. 97, L. 2003; amd. Sec. 7, Ch. 275, L. 2007; amd. Sec. 14, Ch. 399, L. 2013.
Structure Montana Code Annotated
Chapter 2. Agricultural Services
80-2-201. Powers and duties of board of hail insurance
80-2-202. Compensation of presiding officer and officers
80-2-203. Participation in program -- fee
80-2-204. Duty of department -- election of benefits of law
80-2-205. What crops subject to provisions of law
80-2-207. Delinquent fees -- application by delinquent -- crop lien
80-2-210. through 80-2-219 reserved
80-2-220. Rules -- hail insurance fees
80-2-221. Fee for hail insurance
80-2-222. Board to establish amount of rates -- disposition of funds
80-2-224. Fee -- notice -- when payable
80-2-225. Real estate lien -- creation
80-2-227. Hail insurance secured by crop lien only
80-2-229. Withdrawal of crop in case of destruction through other means
80-2-230. Collection of fees -- release of lien -- interest
80-2-232. Department's duty -- warrants -- transfers to state general fund
80-2-233. through 80-2-240 reserved
80-2-242. Adjusters -- appointment -- qualifications -- duties