Montana Code 33-28-109. Suspension or revocation of certificate of authority
33-28-109. Suspension or revocation of certificate of authority. (1) The certificate of authority of a captive insurance company doing insurance business in this state may be suspended by the commissioner for any of the following reasons:
Terms Used In Montana Code 33-28-109
- Captive insurance company: means any pure captive insurance company, association captive insurance company, protected cell captive insurance company, special purpose captive insurance company, or industrial insured captive insurance company formed or authorized under the provisions of this chapter. See Montana Code 33-28-101
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Organizational document: means articles of incorporation, articles of organization, a subscribers' agreement, a charter, or any other document that establishes a business entity. See Montana Code 33-28-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)insolvency or impairment of capital or surplus;
(b)failure to meet and maintain the requirements of 33-28-104;
(c)refusal or failure to submit an annual report, as required by 33-28-107, or any other report or statement required by law or by lawful order of the commissioner;
(d)failure to comply with the provisions of its own charter, bylaws, or other organizational document;
(e)failure to submit to examination or to perform any legal obligation as required by 33-28-108;
(f)use of methods that, although not otherwise specifically prohibited by law, nevertheless render its operation detrimental or its condition unsound with respect to the public or to its policyholders;
(g)failure to pay the tax provided for in 33-28-201; or
(h)failure otherwise to comply with the laws of this state.
(2)If the commissioner finds, upon examination, hearing, or other evidence, that any captive insurance company has committed any of the acts specified in subsection (1), the commissioner may suspend or revoke the company’s certificate of authority if the commissioner considers it in the best interest of the public or the policyholders of the captive insurance company.
(3)If the certificate of authority has not been terminated within the period of suspension, the company’s certificate of authority may be reinstated if the commissioner finds that the causes of the suspension have been removed or that the insurer is otherwise in compliance with the requirements of this code.