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2005 Summary of New State Laws - Montana

(Preliminary List of 2005 Approved/Pending Legislation)

Issue

Bill #

Bill Description

CLUE

(Loss History Reports)

HB 537

Prohibits an insurer from using a direct or indirect inquiry as a basis for denial or nonrenewal of insurance coverage or for increasing a premium. LAW. Effective 7/1/05. Chapter 498, Laws of 2005.

Farm Mutuals

HB 188

Expands reinsurance options for farm mutual insurers. LAW. Effective 10/1/05; Sections 4, 41-43 effective 4/28/05; Section 22 effective 7/1/05. Chapter 469, Laws of 2005.

Fraud

SB 114

Amends penalties related to insurance fraud violations. LAW. Effective 10/1/05. Chapter 562, Laws of 2005.

Insurance-Based Credit Scoring

SB 311

Would regulate the use of credit information in personal lines insurance. LAW. Effective 10/1/05. Chapter 363, Laws of 2005.

Miscellaneous New Insurance Provisions

(Medical Malpractice)

HB 24

Renders inadmissible as evidence of liability, expressions of sympathy or apology. LAW. Effective 7/1/05.

(Medical Malpractice)

HB 64

Establishes mandatory professional qualifications for expert witnesses in medical malpractice cases. LAW. Effective 10/1/05.

(Medical Malpractice)

HB 331

Would establish a medical malpractice joint underwriting association. LAW. Effective 10/1/05. Chapter 475, Laws of 2005.

(Medical Malpractice)

SB 21

Provides that damages may be awarded against a health care provider in a malpractice claim if a negligent act reduces a patient's chances of recovery and contributes to death, shorter survival, no recovery, or a generally a lesser quality of recovery. LAW. Effective 7/1/05. Chapter 229, Laws of 2005.

Motor Vehicle Insurance

(Traffic Safety - DUI)

HB 99

Establishes penalties for driving with a license that has been suspended or revoked for DUI violations. LAW. Effective 10/1/05. Chapter 583, Laws of 2005.

(Proof of Coverage Requirements)

SB 248

Amends penalties for driving without mandatory liability insurance. LAW. Effective 7/1/05. Chapter 394, Laws of 2005.

Privacy

HB 732

Would implement methods to protect individual privacy and prevent identity theft. LAW. Effective Sections 1, 10 and 11 4/28/05; Sections 2-9 and 12 3/1/06. Chapter 518, Laws of 2005.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.

Montana State Resource Center