Terms Used In Montana Code > Title 33 > Chapter 17 - Insurance Producers, Adjusters, Consultants, and Administrators

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adjuster: means a person who, on behalf of the insurer, for compensation as an independent contractor or as the employee of an independent contractor or for a fee or commission investigates and negotiates the settlement of claims arising under insurance contracts or otherwise acts on behalf of the insurer. See Montana Code 33-17-102
• Adjuster license: means a document issued by the commissioner that authorizes a person to act as an adjuster or a public adjuster. See Montana Code 33-17-102
• Administrator: means a person who collects charges or premiums from residents of this state in connection with life, disability, property, or casualty insurance or annuities or who adjusts or settles claims on these coverages. See Montana Code 33-17-102
• Aggregator site: means a website that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping. See Montana Code 33-17-1401
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Blanket travel insurance: means a policy of travel insurance issued to any eligible group providing coverage for specific classes of persons defined in the policy with coverage provided to all members of the eligible group without a separate charge to individual members of the eligible group. See Montana Code 33-17-1401
• Business entity: means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity. See Montana Code 33-17-102
• Cancellation fee waiver: means a contractual agreement between a supplier of travel services and its customer to waive some or all of the non-refundable cancellation fee provisions of the supplier's underlying travel contract with or without regard to the reason for the cancellation or form of reimbursement. See Montana Code 33-17-1401
• Chambers: A judge's office.
• Commissioner: means the commissioner of insurance of the state of Montana. See Montana Code 33-17-1401
• Consultant: means an individual who for a fee examines, appraises, reviews, evaluates, makes recommendations, or gives advice regarding an insurance policy, annuity, or pension contract, plan, or program. See Montana Code 33-17-102
• Consultant license: means a document issued by the commissioner that authorizes an individual to act as an insurance consultant. See Montana Code 33-17-102
• Conviction: A judgement of guilt against a criminal defendant.
• Customary: means according to usage. See Montana Code 1-1-206
• Customer service representative: means an employee of a rental vehicle entity. See Montana Code 33-17-1501
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Eligible group: means , for the purpose of travel insurance, two or more persons who are engaged in a common enterprise or have an economic, educational, or social affinity or relationship, including but not limited to any of the following:

  (a)any entity engaged in the business of providing travel or travel services, including but not limited to tour operators, lodging providers, vacation property owners, hotels and resorts, travel clubs, travel agencies, property managers, cultural exchange programs, and common carriers or the operator, owner, or lessor of a means of transportation of passengers, including but not limited to airlines, cruise lines, railroads, steamship companies, and public bus carriers, wherein with regard to any particular travel or type of travel or travelers, all members or customers of the group must have a common exposure to risk attendant to the travel;

  (b)any college, school, or other institution of learning, covering students, teachers, employees, or volunteers;

  (c)any employer covering any group of employees, volunteers, contractors, board of directors, dependents, or guests;

  (d)any sports team, camp, or sponsor thereof, covering participants, members, campers, employees, officials, supervisors, or volunteers;

  (e)any religious, charitable, recreational, educational, or civic organization or branch thereof covering any group of members, participants, or volunteers;

  (f)any financial institutions or financial institution vendor or parent holding company, trustee, or agent of or designated by one or more financial institutions or financial institution vendors, including accountholders, credit card holders, debtors, guarantors, or purchasers;

  (g)any incorporated or unincorporated association, including labor unions, having a common interest, constitution, and bylaws and organized and maintained in good faith for purposes other than obtaining insurance for members or participants of the association covering its members;

  (h)any trust or the trustees of a fund established, created, or maintained for the benefit of and covering members, employees, or customers, subject to the commissioner's permitting the use of a trust and the state's premium tax provisions in 33-2-705 of one or more associations meeting the requirements in subsection (5)(g);

  (i)any entertainment production company covering any group of participants, volunteers, audience members, contestants, or workers;

  (j)any volunteer fire department, ambulance, rescue, police, or court or any first aid, civil defense, or other volunteer group;

  (k)preschools, daycare institutions for children or adults, and senior citizen clubs;

  (l)any automobile or truck rental or leasing company covering a group of individuals who may become renters, lessees, or passengers defined by their travel status on the rented or leased vehicles. See Montana Code 33-17-1401

• Exchange: means a health benefit exchange established by the state of Montana or an exchange established by the United States department of health and human services in accordance with 42 U. See Montana Code 33-17-102
• Executor: A male person named in a will to carry out the decedent
• Fiduciary: A trustee, executor, or administrator.
• Fraud: Intentional deception resulting in injury to another.
• Fulfillment materials: means documentation sent to the purchaser of a travel protection plan confirming the purchase and providing the travel protection plan's coverage and assistance details. See Montana Code 33-17-1401
• Home state: means the District of Columbia or any state or territory of the United States in which a person licensed under this chapter maintains a principal place of residence or a principal place of business. See Montana Code 33-17-102
• Individual: means a natural person. See Montana Code 33-17-102
• Lapse: means the expiration of the license for failure to renew by the biennial renewal date. See Montana Code 33-17-102
• 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
• Limited line credit insurance: includes credit life insurance, credit disability insurance, credit property insurance, credit unemployment insurance, involuntary unemployment insurance, mortgage life insurance, mortgage guaranty insurance, mortgage disability insurance, gap insurance, and any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing the credit obligation and that the commissioner determines should be designated as a form of limited line credit insurance. See Montana Code 33-17-102
• Limited lines insurance: means those lines of insurance that the commissioner finds necessary to recognize for the purposes of complying with 33-17-401(3). See Montana Code 33-17-102
• Limited lines producer: means a person authorized by the commissioner to sell, solicit, or negotiate limited lines insurance. See Montana Code 33-17-102
• Limited lines travel insurance producer: means a:

  (a)managing general agent or third-party administrator;

  (b)licensed insurance producer, including a limited lines producer, designated by an insurer as the travel insurance supervising entity as set forth in 33-17-1404; or

  (c)travel administrator. See Montana Code 33-17-1401

• Lines of authority: means any kind of insurance as defined in Title 33. See Montana Code 33-17-102
• Navigator: means a person certified by the commissioner under 33-17-241 and selected to perform the activities and duties identified in 42 U. 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
• Offer and disseminate: means providing general information, including a description of coverage and price, as well as processing applications, collecting premiums, and performing other activities not requiring licensure by the state. See Montana Code 33-17-1401
• Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
• Person: means an individual or a business entity. See Montana Code 33-17-102
• Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
• Present rental vehicle insurance information: means to present the option to acquire rental vehicle insurance to a renter. See Montana Code 33-17-1501
• Public adjuster: means an adjuster retained by and representing the interests of the insured. See Montana Code 33-17-102
• Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• 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
• Subpoena: A command to a witness to appear and give testimony.
• Suspend: means to bar the use of a person's license for a period of time. See Montana Code 33-17-102
• Travel administrator: means a person who directly or indirectly underwrites, collects charges, collateral, or premiums from, or adjusts or settles claims on residents of this state in connection with travel insurance, except that a person may not be considered a travel administrator if that person's only actions that would otherwise cause it to be considered a travel administrator are among the following:

  (a)a person working for a travel administrator to the extent that the person's activities are subject to the supervision and control of the travel administrator;

  (b)an insurance producer selling insurance or engaged in administrative and facilitation of claims-related activities within the scope of the producer's license;

  (c)a travel retailer offering and disseminating travel insurance and registered under the license of a limited lines travel insurance producer in accordance with this part;

  (d)an individual adjusting or settling claims in the normal course of that individual's practice or employment as an attorney at law and who does not collect charges or premiums in connection with insurance coverage; or

  (e)a business entity that is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of an affiliated insurer. See Montana Code 33-17-1401

• Travel assistance services: means noninsurance services for which the consumer is not indemnified based on a fortuitous event and that do not result in the transfer or shifting of risk that would constitute the business of insurance. See Montana Code 33-17-1401
• Travel insurance: means insurance coverage for personal risks incident to planned travel, including but not limited to:

  (i)interruption or cancellation of a trip or event;

  (ii)loss of baggage or personal effects;

  (iii)damages to accommodations or rental vehicles;

  (iv)sickness, accident, disability, or death occurring during travel;

  (v)emergency evacuation;

  (vi)repatriation of remains; or

  (vii)any other contractual obligations to indemnify or pay a specified amount to the traveler upon determinable contingencies related to travel as approved by the commissioner. See Montana Code 33-17-1401

• Travel protection plans: means plans that provide one or more of the following:

  (a)travel insurance;

  (b)travel assistance services; or

  (c)cancellation fee waivers. See Montana Code 33-17-1401

• Travel retailer: means a business entity that makes, arranges, or offers travel services and that may offer and disseminate travel insurance as a service to its customers on behalf of and under the direction of a limited lines travel insurance producer. See Montana Code 33-17-1401
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}