1. (1) Insurers that use the services of in-house counsel for assistance in handling Montana indemnity claims shall report the cost of that legal assistance.

2. (2) If the insurer does not separately track in-house legal costs on a per claim basis, the insurer shall report annually upon request by the department:

   1. (a) the dollar amount that represents the following information about the cost of in-house legal staff:

      1. (i) total compensation (salary and cost of benefits and employer contributions) of all attorneys who provide counsel on indemnity claims;
      2. (ii) total compensation of support staff (such as secretaries, paralegals, and assistants) working for those attorneys; and
      3. (iii) overhead costs attributable to the legal staff, such as a proportionate share of rent or building expense and administrative costs, such as payroll and accounting; and
   2. (b) a percentage figure that reasonably approximates the percentage of time spent by the attorneys providing advice, counsel or representation on indemnity claims.

Authorizing statute(s): 39-71-203, MCA

Implementing statute(s): 39-71-225, MCA

History: NEW, 1995 MAR p. 856, Eff. 5/1/95; AMD, 2024 MAR p. 1066, Eff. 5/11/24.