Montana Code 2-18-720. Insurance commissioner duties — independent reviewer qualifications
2-18-720. Insurance commissioner duties — independent reviewer qualifications. (1) The insurance commissioner shall:
Terms Used In Montana Code 2-18-720
- Contract: A legal written agreement that becomes binding when signed.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
(a)approve any independent reviewer that is eligible to adjudicate disputes under 2-18-715 through 2-18-720;
(b)maintain a list of independent reviewers eligible to adjudicate disputes under 2-18-715 through 2-18-720;
(c)terminate approval of an independent reviewer and remove the independent reviewer from the list of approved independent reviewers upon determining that an independent reviewer no longer meets the requirements to adjudicate disputes; and
(d)adopt rules necessary to implement 2-18-715 through 2-18-720, including rules regarding discovery and other procedures regarding the dispute resolution process and eligibility of an independent reviewer.
(2)An individual is eligible to be an independent reviewer under 2-18-715 through 2-18-720 if the individual is knowledgeable and experienced in applicable principles of contract and insurance law.
(3)In approving an individual as an independent reviewer, the insurance commissioner shall ensure that the individual does not have a conflict of interest that would adversely impact the individual’s independence and impartiality in rendering a decision in an independent dispute resolution procedure under 2-18-718 and 2-18-719. A conflict of interest includes but is not limited to an ownership or direct familial interest in an insurer, a health care provider, or an air ambulance service that may be involved in an independent dispute resolution procedure under 2-18-718 and 2-18-719.
(4)In approving an individual as an independent reviewer, the insurance commissioner may not approve an individual who is currently serving in any matter as a hearing officer for the commissioner.