2019 Montana Legislature

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HOUSE BILL NO. 382

INTRODUCED BY M. CAFERRO

 

AN ACT REVISING INSURANCE LAWS THAT PROVIDE FOR A DISCOUNT FOR COMPLETING HIGHWAY TRAFFIC SAFETY PROGRAMS; INCREASING THE TIME A TRAFFIC SAFETY PROGRAM MAY BE EFFECTIVE FOR INSURANCE DISCOUNTS; AND AMENDING SECTIONS 33-16-223 AND 33-16-230, MCA.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 33-16-223, MCA, is amended to read:

     "33-16-223.  Effective period of reduction. (1) The premium reduction required by 33-16-222 is effective for an insured for a 2-year 3-year period after successful completion of the approved course. Each person shall take an approved course every 2 3 years in order to continue to be eligible for the reduction in premium required by 33-16-222.

     (2)  An insurer may require, as a condition of maintaining the discount, any or all of the following:

     (a)  that the insured not be involved in an accident in which the insured is at fault;

     (b)  that the insured not be convicted of or plead guilty or nolo contendere to a moving traffic violation; or

     (c)  that the insured not have forfeited bail or collateral for a moving traffic violation."

 

     Section 2.  Section 33-16-230, MCA, is amended to read:

     "33-16-230.  Rate reduction for military defensive drivers -- effective period -- exclusions. (1) (a) Any rates, rating schedules, or rating manuals for liability, bodily injury, or collision coverages of a motor vehicle insurance policy filed with the insurance department must provide for an appropriate premium reduction as determined by the insurer for a member of the Montana national guard who is an insured operator of a covered nonmilitary vehicle and who has successfully completed a defensive driving course referred to in 61-2-102(2).

     (b)  Any discount used by the insurer is presumed appropriate unless credible data demonstrates otherwise.

     (2)  The premium reduction required under subsection (1)(a) is effective for an insured for 2 3 years after successful completion of the approved course. Each person shall successfully complete a defensive driving course referred to in 61-2-102(2) every 2 3 years to remain eligible for the reduction provided in subsection (1)(a).

     (3)  Subsection (1)(a) does not apply if the approved course is taken as punishment specified by a court or other governmental entity for a moving traffic violation.

     (4)  An insurer may deny the discount under subsection (1)(a) if within 3 years prior to the insured's application for the rate reduction or during the period for which the rate reduction is provided:

     (a)  the insured was convicted of or plead guilty or nolo contendere to a moving traffic violation;

     (b)  the insured has forfeited bail or collateral for a moving traffic violation; or

     (c)  the insured was convicted by a court or found at fault in a motor vehicle accident."

- END -

 


Latest Version of HB 382 (HB0382.ENR)
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