Mont. Code Ann. §33-18-251 — what it says, and how the exam tests it

33-18-251. Time-limited demands -- requirements -- insurer's fair and reasonable opportunity to investigate and evaluate claims. (1) A time-limited demand from a claimant to an insurer offering to settle any claim must: (a) reference this section; (b) be in writing and labeled "time sensitive" at the top of the first page of the writing setting forth the required material terms of the offer to settle set forth in subsection (1)(d); (c) be sent certified mail, return-receipt requested, to the insurer of the allegedly responsible party; and (d) contain the following material terms: (i) the name of the allegedly responsible party; (ii) the time period within which the offer to settle shall remain open for acceptance by the allegedly responsible party's insurer, which may not be less than 60 days or the first business day following the 60th day when that day falls on a weekend or holiday; (iii) the amount of the monetary payment requested to settle the claim, together with a description of any other form of consideration sought to settle the claim; (iv) the date and location of the damage, loss, professional negligence, or breach of fiduciary duty; (v) a reasonable description of the nature and extent of all known injuries, damages, and losses sustained by the claimant; (vi) the party or parties to be released if the insurer accepts the time-limited demand; (vii) a description of the claim or claims to be released if the time-limited demand is accepted; and (viii) disclosure of eligibility, or information sufficient to verify eligibility, for medicare, medicaid, any other federal or state benefit program, and any other known liens or assignments granted by the claimant that apply to any of the damages claimed. (2) The time period within which an insurer may accept a time-limited demand commences on the date the insurer actually receives the time-limited demand through certified mail. (3) (a) A time-limited demand made pursuant to this section must be accompanied and supported by the following: (i) all available and supporting documents, records, and information sufficient to allow the insurer a fair and reasonable opportunity to investigate and evaluate the nature and extent of the alleged responsible party's liability and the nature and extent of the claimant's injuries, damages, and losses; (ii) medical records, invoices, and billing statements from all…