Exams / Montana Life Insurance License / Mont. Code Ann. §33-2-1321

Mont. Code Ann. §33-2-1321 — what it says, and how the exam tests it

This section is cited by 2 of our practice questions and is tested on 2 exams including the Montana Life Insurance License.

The text

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 serve upon the insurer and any other persons involved orders that are reasonably necessary to correct or eliminate the conduct. (2) If upon examination or at any other time the commissioner determines that any domestic insurer is in a condition that renders the continuance of its business hazardous to the public or to holders of its policies or certificates of insurance or if the domestic insurer gives its consent, then the commissioner shall notify the insurer of the commissioner's determination and furnish to the insurer a written list of the commissioner's requirements to abate the determination. (3) If the commissioner makes a determination to supervise an insurer subject to an order under subsection (1) or (2), the commissioner shall notify the insurer that it is under the supervision of the commissioner. During the period of supervision, the commissioner may appoint a supervisor to supervise the insurer. The order appointing a supervisor shall direct the supervisor to enforce orders issued under subsections (1) and (2) and may also require that the insurer may not do any of the following things during the period of supervision without the prior approval of the commissioner or the supervisor: (a) dispose of, convey, or encumber any of its assets or its business in force; (b) withdraw from any of its bank accounts; (c) lend any of its funds; (d) invest any of its funds; (e) incur any debt, obligation, or liability; (f) merge or consolidate with another company; or (g) enter into any new reinsurance contract or treaty. (4) Any insurer subject to an order under this section shall comply with the lawful requirements of the commissioner and, if placed under supervision, has 60 days from the date the supervision order is served within which to comply with the requirements of the commissioner. If the insurer fails to comply within that time, the commissioner may institute proceedings under 33-2-1331 or 33-2-1341 to have a rehabilitator or liquidator appointed or extend the period of supervision.…

Public record. Read the full, current section at the official source: mca.legmt.gov

How it comes up on the exam

Practice questions written from this section — answers and explanations are in the drill.

  1. Under Mont. Code Ann. §33-2-1321, if a domestic insurer is placed under supervision, which of the following actions may the insurer NOT take without prior approval of the commissioner or supervisor?
    drill Montana Statutes and Rules Common to Life, Disability (A&H), Property and Casualty Insurance →
  2. Under Mont. Code Ann. §33-2-1321, when a hearing on the commissioner's order is required, the hearing must occur within what time range after notice is served, unless otherwise agreed?
    drill Montana Statutes and Rules Common to Life, Disability (A&H), Property and Casualty Insurance →

Exams that test this section