33-2-1301. Short title

33-2-1301. Short title. This part shall be cited as the “Insurers Supervision, Rehabilitation, and Liquidation Act”. History: En. Sec. 1, Ch. 383, L. 1979.

33-2-1302. Construction and purpose

33-2-1302. Construction and purpose. (1) This part may not be interpreted to limit the powers granted the commissioner by other provisions of the law. (2) This part shall be liberally construed to effect the purpose stated in subsection (3). (3) The purpose of this part is the protection of the interests of insureds, claimants, creditors, and the public […]

33-2-1303. Definitions

33-2-1303. Definitions. For the purposes of this part the following definitions apply: (1) ”Ancillary state” means any state other than a domiciliary state. (2) ”Commissioner” means the commissioner of insurance of this state. (3) ”Creditor” is a person having any claim, whether matured or unmatured, liquidated or unliquidated, secured or unsecured, absolute, fixed, or contingent. (4) ”Delinquency proceeding” means any […]

33-2-1304. To whom proceedings may be applied

33-2-1304. To whom proceedings may be applied. The proceedings authorized by this part may be applied to: (1) all insurers who are doing or have done insurance business in this state and against whom claims arising from that business may exist now or in the future; (2) all insurers who purport to do an insurance business in this […]

33-2-1305. Who may bring action — procedure exclusive

33-2-1305. Who may bring action — procedure exclusive. (1) No delinquency proceeding may be commenced under this part by anyone other than the commissioner, and no court shall have jurisdiction to entertain, hear, or determine any proceeding commenced by any other person. (2) No court of this state has jurisdiction to entertain, hear, or determine any complaint […]

33-2-1306. Personal jurisdiction

33-2-1306. Personal jurisdiction. In addition to other grounds for jurisdiction provided by the law of this state, a court of this state having jurisdiction of the subject matter has jurisdiction over a person served pursuant to the Montana Rules of Civil Procedure or other applicable provisions of law in an action brought by the receiver of […]

33-2-1307. Stay pending out-of-state proceedings

33-2-1307. Stay pending out-of-state proceedings. If the court on motion of any party finds that any action should as a matter of substantial justice be tried in a forum outside this state, the court may enter an appropriate order to stay further proceedings on the action in this state. History: En. Sec. 4, Ch. 383, L. 1979.

33-2-1308. Venue

33-2-1308. Venue. All actions herein authorized shall be brought in the district court in the county in which the office of the commissioner is located. History: En. Sec. 4, Ch. 383, L. 1979.

33-2-1309. Injunctions and orders

33-2-1309. Injunctions and orders. (1) Any receiver appointed in a proceeding under this part may at any time apply for and any court of general jurisdiction may grant such restraining orders, preliminary and permanent injunctions, and other orders as may be necessary to prevent: (a) the transaction of further business; (b) the transfer of property; (c) interference with the […]

33-2-1310. Cooperation of officers, owners, and employees

33-2-1310. Cooperation of officers, owners, and employees. (1) An officer, manager, director, trustee, owner, employee, or insurance producer of any insurer or any other persons with authority over or in charge of any segment of the insurer’s affairs shall cooperate with the commissioner in any proceeding under this part or any investigation preliminary to the proceeding. […]

33-2-1311. Repealed

33-2-1311. Repealed. Sec. 69, Ch. 472, L. 1999. History: En. Sec. 7, Ch. 383, L. 1979.

33-2-1312. through 33-2-1320 reserved

33-2-1312 through 33-2-1320 reserved.

33-2-1321. Commissioner’s summary orders and supervision proceedings

33-2-1321. Commissioner’s summary orders and supervision proceedings. (1) If the commissioner determines, after a hearing held under subsection (5), that any domestic insurer has committed or engaged in or is about to commit or engage in any act, practice, or transaction that would subject it to delinquency proceedings under this part, the commissioner may make and […]

33-2-1322. Court’s seizure order

33-2-1322. Court’s seizure order. (1) The commissioner may file in a district court of this state a petition alleging, with respect to a domestic insurer: (a) that there exist grounds that would justify a court order for a formal delinquency proceeding against an insurer under this part; (b) that the interests of policyholders, creditors, or the public will […]

33-2-1323. Confidentiality of proceedings

33-2-1323. Confidentiality of proceedings. In all proceedings and judicial reviews under 33-2-1321 and 33-2-1322, all records of the insurer, all other documents, and all files and court records and papers of the commissioner, as far as they pertain to or are a part of the record of the proceedings, remain confidential except as necessary to obtain […]

33-2-1324. through 33-2-1330 reserved

33-2-1324 through 33-2-1330 reserved.

33-2-1331. Grounds for rehabilitation

33-2-1331. Grounds for rehabilitation. The commissioner may apply by petition to a district court for an order authorizing the commissioner to rehabilitate a domestic insurer or an alien insurer domiciled in this state on any one or more of the following grounds: (1) The insurer is in such condition that the further transaction of business would be […]

33-2-1332. Rehabilitation orders

33-2-1332. Rehabilitation orders. (1) An order to rehabilitate the business of a domestic insurer or an alien insurer domiciled in this state shall appoint the commissioner the rehabilitator and shall direct the rehabilitator forthwith to take possession of the assets of the insurer and to administer them under the general supervision of the court. The filing […]

33-2-1333. Powers and duties of the rehabilitator

33-2-1333. Powers and duties of the rehabilitator. (1) The commissioner as rehabilitator may appoint one or more special deputies, who have all the powers and responsibilities of the rehabilitator granted under this section, and the commissioner may employ counsel, clerks, and assistants. The compensation of the special deputy, counsel, clerks, and assistants and all expenses of […]

33-2-1334. Effect of proceedings on pending and potential litigation

33-2-1334. Effect of proceedings on pending and potential litigation. (1) Any court in this state before which any action or proceeding in which the insurer is a party or is obligated to defend a party is pending when a rehabilitation order against the insurer is entered shall stay the action or proceeding for 90 days and […]