Montana Code 39-71-2611. Duties, liabilities, and rights of fund
39-71-2611. Duties, liabilities, and rights of fund. (1) The fund shall assume the workers’ compensation obligations of a private self-insurer that come due after the private self-insurer has been determined to be an insolvent self-insurer.
Terms Used In Montana Code 39-71-2611
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Fund: means the Montana self-insurers guaranty fund established pursuant to 39-71-2609. See Montana Code 39-71-2603
- Insolvent private self-insurer: means an employer:
(a)(i) that is unable to pay workers' compensation claims because:
(A)it has been determined to be insolvent by a court of competent jurisdiction; or
(B)bankruptcy proceedings have been instituted by or against it; or
(ii)whose claims are not being paid on its behalf; and
(b)whose security has been exhausted pursuant to 39-71-2108. See Montana Code 39-71-2603
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Private self-insurer: means a private employer bound by compensation plan No. See Montana Code 39-71-2603
(2)The fund is not liable for the payment of any penalties or interest assessed for any act or omission of a person acting on behalf of the fund.
(3)The fund is a party in interest in all proceedings involving workers’ compensation claims against an insolvent private self-insurer whose workers’ compensation obligations have been paid or assumed by the fund. The fund has the same rights and defenses as the insolvent private self-insurer, including but not limited to all of the following:
(a)to appear and deny, defend, and appeal a claim; and
(b)to receive notice of, investigate, adjust, compromise, settle, and pay a claim.
(4)The fund shall concur in department decisions relating to allowing an employer to self-insure.