Montana Code 33-19-201. Pretext interviews prohibited — exception
33-19-201. Pretext interviews prohibited — exception. (1) Except as provided in subsection (2), an insurance institution, insurance producer, or insurance-support organization may not use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction.
Terms Used In Montana Code 33-19-201
- Fraud: Intentional deception resulting in injury to another.
- Insurance institution: means a corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd's insurer, fraternal benefit society, or other person engaged in the business of insurance, including health maintenance organizations, and health service corporations as defined in 33-30-101. See Montana Code 33-19-104
- Insurance producer: means an insurance producer as defined in 33-17-102 and 33-30-311. See Montana Code 33-19-104
- Insurance transaction: means a transaction involving insurance primarily for personal, family, or household needs, rather than for business or professional needs, that entails:
(a)the determination of an individual's eligibility for an insurance coverage, benefit, or payment; or
(b)the servicing of an insurance application, policy, contract, or certificate. See Montana Code 33-19-104
- Insurance-support organization: means a person who assembles or collects information about natural persons for the purpose of providing the information to an insurance institution or insurance producer for insurance transactions, including:
(i)the furnishing of consumer reports or investigative consumer reports to an insurance institution or insurance producer for use in connection with an insurance transaction; or
(ii)the collection of personal information from insurance institutions, insurance producers, or other insurance-support organizations for the purpose of detecting or preventing fraud, material misrepresentation, or material nondisclosure in connection with insurance underwriting or insurance claim activity. See Montana Code 33-19-104
- Person: means a natural person, corporation, association, partnership, or other legal entity. See Montana Code 33-19-104
- Pretext interview: means an interview during which a person, in an attempt to obtain information about a natural person, performs one or more of the following acts:
(a)pretends to be someone else;
(b)pretends to represent a person not in fact being represented;
(c)misrepresents the true purpose of the interview; or
(d)refuses to provide identification upon request. See Montana Code 33-19-104
(2)A pretext interview may be undertaken to obtain information from a person or institution that does not have a generally or statutorily recognized privileged relationship with the person about whom the information relates for the purpose of investigating a claim when based upon specific information available for review by the commissioner that there is a reasonable basis for suspecting criminal activity, fraud, material misrepresentation, or material nondisclosure in connection with the claim.