Montana Code Annotated 2009

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     33-28-207. Applicable laws. (1) The following apply to captive insurance companies:
     (a) the definitions of commissioner and department provided in 33-1-202, property insurance provided in 33-1-210, casualty insurance provided in 33-1-206, life insurance provided in 33-1-208, health insurance coverage and group health plans provided in 33-22-140, and disability income insurance provided in 33-1-235;
     (b) the limitation provided in 33-2-705 on the imposition of other taxes;
     (c) the provisions relating to supervision, rehabilitation, and liquidation of insurance companies as provided for in Title 33, chapter 2, part 13;
     (d) the provisions of 33-1-603, 33-3-431, 33-18-201, 33-18-203, 33-18-205, and 33-18-242; and
     (e) the provisions relating to dissolution and liquidation in Title 33, chapter 3, part 6.
     (2) This chapter may not be construed as exempting a captive insurance company, its parent, or affiliated companies from compliance with the laws governing workers' compensation insurance.
     (3) A captive insurance company or branch captive insurance company that writes health insurance coverage or group health plans as defined in 33-22-140 shall comply with applicable state and federal laws.
     (4) Except as expressly provided in this chapter, the provisions of Title 33 do not apply to captive insurance companies.

     History: En. Sec. 16, Ch. 298, L. 2001; amd. Secs. 15, 17, Ch. 383, L. 2003; amd. Sec. 3, Ch. 205, L. 2005; amd. Sec. 14, Ch. 518, L. 2007; amd. Sec. 7, Ch. 28, L. 2009.

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