Montana Code 33-28-207. Applicable laws
33-28-207. Applicable laws. (1) The following apply to captive insurance companies:
Terms Used In Montana Code 33-28-207
- Branch captive insurance company: means any foreign captive insurance company authorized by the commissioner to transact the business of insurance in this state through a business unit with a principal place of business in this state. See Montana Code 33-28-101
- 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
- Captive risk retention group: means a captive insurance risk retention group formed under the laws of this chapter and pursuant to Title 33, chapter 11. See Montana Code 33-28-101
- Parent: means a sole proprietorship, business entity, or individual that directly or indirectly owns, controls, or holds with power to vote more than 50% of the outstanding voting securities of a captive insurance company. See Montana Code 33-28-101
- Property: means real and personal property. See Montana Code 1-1-205
- 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)the definitions of commissioner and department provided in 33-1-202, property insurance provided in 33-1-210, casualty insurance provided in 33-1-206, life insurance provided in 33-1-208, health insurance coverage and group health plans provided in 33-22-140, and disability income insurance provided in 33-1-235;
(b)the limitation provided in 33-2-705 on the imposition of other taxes;
(c)the provisions relating to supervision, rehabilitation, and liquidation of insurance companies as provided for in Title 33, chapter 2, part 13;
(d)the provisions of 33-1-311, 33-1-604 through 33-1-606, 33-2-112, 33-3-431, 33-18-201, 33-18-203, and 33-18-205;
(e)33-18-242 only applies to captive risk retention group insurers;
(f)the provisions relating to dissolution and liquidation in Title 33, chapter 3, part 6, except that a pure captive insurance company may proceed with voluntary dissolution and liquidation after prior notice to and approval of the commissioner without following the provisions of Title 33, chapter 3, part 6; and
(g)the authority of the commissioner under 33-2-701(6) to impose a fine for failure to timely file an annual statement, except that the annual statement requirements in 33-28-107 apply.
(2)This chapter may not be construed as exempting a captive insurance company, its parent, or affiliated companies from compliance with the laws governing workers’ compensation insurance.
(3)A captive insurance company or branch captive insurance company that writes health insurance coverage or group health plans as defined in 33-22-140 shall comply with applicable state and federal laws.
(4)The following provisions apply to captive risk retention groups:
(a)those relating to actuarial opinions in Title 33, chapter 1, part 14;
(b)those relating to risk-based capital in Title 33, chapter 2, part 19; and
(c)those relating to insurance holding company systems in Title 33, chapter 2, part 11.
(5)Except as expressly provided in this chapter, the provisions of Title 33 do not apply to captive insurance companies.