Montana Code 33-17-1504. Rental vehicle entity requirements
33-17-1504. Rental vehicle entity requirements. A rental vehicle entity may not solicit, negotiate, or sell rental vehicle insurance unless:
Terms Used In Montana Code 33-17-1504
- Business entity: means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity. See Montana Code 33-17-102
- Customer service representative: means an employee of a rental vehicle entity. See Montana Code 33-17-1501
- License: means a document issued by the commissioner that authorizes a person to act as an insurance producer for the lines of authority specified in the document. See Montana Code 33-17-102
- Negotiate: means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract if the person engaged in negotiation either sells insurance or obtains insurance from insurers for purchasers. See Montana Code 33-17-102
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Rental agreement: means a written agreement setting forth the terms and conditions governing the use of a vehicle that is provided by a rental vehicle entity for the rental or lease of a rental vehicle for a period of not more than 90 days. See Montana Code 33-17-1501
- Rental vehicle: means a motor vehicle that is designated as:
(a)a private passenger motor vehicle, including an automobile, a passenger van, a minivan, or a sport utility vehicle; or
(b)a cargo vehicle, including a cargo van, a pickup truck, or a truck with a gross weight of less than 26,000 pounds that does not require the operator to possess a commercial driver's license. See Montana Code 33-17-1501
- Rental vehicle entity: means an entity in the business of providing rental vehicles to the public under a rental agreement. See Montana Code 33-17-1501
- Rental vehicle insurance: means insurance that a renter purchases from a rental vehicle entity as part of the rental agreement in conjunction with the use of a rental vehicle. See Montana Code 33-17-1501
- Renter: means a person who obtains the use of a rental vehicle from a rental vehicle entity under the terms of a rental agreement. See Montana Code 33-17-1501
- Sell: means to exchange a contract of insurance by any means, for money or the equivalent, on behalf of an insurance company. See Montana Code 33-17-102
- Solicit: means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance. See Montana Code 33-17-102
(1)at every location where rental vehicle agreements are executed, the rental vehicle entity prominently displays and makes readily available written material to each renter who may purchase rental vehicle insurance that:
(a)summarizes the material terms, exclusions, limitations, and conditions of coverage offered to renters, including the identity of the insurer;
(b)describes the process for filing claims in the event that the renter elects to purchase the coverage, including a toll-free telephone number to report a claim;
(c)provides the rental vehicle entity’s name, address, telephone number, and business entity license number, as well as the commissioner’s consumer hotline telephone number;
(d)informs the renter that the rental vehicle entity may provide a duplication of coverage already provided by a renter’s automobile insurance policy;
(e)informs the renter that the purchase by the renter of the rental vehicle insurance is not required in order to rent a vehicle; and
(f)informs the renter that neither the rental vehicle entity nor the customer service representative is qualified to evaluate the adequacy of the renter’s existing insurance coverage.
(2)Evidence of the rental vehicle insurance coverage must be stated in the rental agreement.
(3)The cost of the rental vehicle insurance must be separately itemized in the rental agreement, unless preselection of coverage is made in a master, corporate, or group agreement.