Mont. Code Ann. § 33-1-201
Definitions -- insurance in general -- general terms
En. Secs. 2, 3, 6, 7, 8, Ch. 286, L. 1959; R.C.M. 1947, 40-2602, 40-2603, 40-2606, 40-2607, 40-2608; amd. Sec. 1, Ch. 198, L. 1979; amd. Sec. 4, Ch. 664, L. 1979; amd. Sec. 1, Ch. 202, L. 1983; amd. Sec. 2, Ch. 558, L. 1987; amd. Sec. 1, Ch. 341, L. 1989; amd. Sec. 1, Ch. 399, L. 2007; amd. Sec. 7, Ch. 262, L. 2021; amd. Sec. 3, Ch. 422, L. 2021; amd. Sec. 13, Ch. 685, L. 2023.
For the purposes of this code, the following definitions apply unless the context requires otherwise:
- (1) "Alien insurer" is an insurer formed under the laws of any country other than the United States or its states, districts, territories, and commonwealths.
- (2) "Authorized insurer" is an insurer duly authorized by a certificate of authority issued by the commissioner to transact insurance in this state.
- (3) "Domestic insurer" is an insurer incorporated under the laws of this state.
- (4) "Female" has the meaning provided in 1-1-201.
- (5) "Foreign insurer" is an insurer formed under the laws of any jurisdiction other than this state. Except when distinguished by context, the term includes an alien insurer.
(6)
- (a) "Insurance" is a contract through which one undertakes to indemnify another or pay or provide a specified or determinable amount or benefit upon determinable contingencies.
(b) The term does not include:
- (i) contracts for the installation, maintenance, and provision of inside telecommunications wiring to residential or business premises;
- (ii) direct patient care agreements established pursuant to 50-4-107; or
- (iii) an arrangement with a health care sharing ministry that meets the requirements of 50-4-111.
(7)
- (a) "Insurer" includes every person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance. The term also includes a health service corporation in the provisions listed in 33-30-102.
- (b) The term does not include a health care sharing ministry that meets the requirements of 50-4-111.
- (8) "Male" has the meaning provided in 1-1-201.
(9) "Resident domestic insurer" is an insurer incorporated under the laws of this state and:
- (a) if a mutual company, not less than one-half of the policyholders are individuals who are residents of this state; or
- (b) if a stock insurer, not less than one-half of the shares are owned by individuals who are residents of this state and all of the directors and officers of the insurer are residents of this state.
- (10) "Sex" has the meaning provided in 1-1-201.
- (11) "State", when used in relation to jurisdiction, means a state, the District of Columbia, or a territory, commonwealth, or possession of the United States.
(12) "Transact", with respect to insurance, means to:
- (a) solicit;
- (b) negotiate;
- (c) sell or effectuate a contract of insurance; or
- (d) transact matters subsequent to effectuation of the contract of insurance and arising out of it.
- (13) "Unauthorized insurer" is an insurer not authorized by a certificate of authority issued by the commissioner to transact insurance in this state.
History: En. Secs. 2, 3, 6, 7, 8, Ch. 286, L. 1959; R.C.M. 1947, 40-2602, 40-2603, 40-2606, 40-2607, 40-2608; amd. Sec. 1, Ch. 198, L. 1979; amd. Sec. 4, Ch. 664, L. 1979; amd. Sec. 1, Ch. 202, L. 1983; amd. Sec. 2, Ch. 558, L. 1987; amd. Sec. 1, Ch. 341, L. 1989; amd. Sec. 1, Ch. 399, L. 2007; amd. Sec. 7, Ch. 262, L. 2021; amd. Sec. 3, Ch. 422, L. 2021; amd. Sec. 13, Ch. 685, L. 2023.