INTRODUCED
BY S. Galloway, K. Bogner, G. Hertz, S. Hinebauch, D. Bartel, D. Bedey, M.
Binkley, L. Brewster, N. Duram, P. Fielder, F. Garner, S. Gist, S. Gunderson,
E. Hill, J. Kassmier, C. Knudsen, D. Lenz, B. Ler, D. Loge, M. Malone, R.
Marshall, F. Nave, M. Noland, J. Schillinger, L. Sheldon-Galloway, B. Tschida,
S. Vinton, R. Whiteman Pena, K. Whitman
A BILL FOR AN ACT ENTITLED: "AN ACT revising insurance laws related to telematics agreements; allowing an insurer to set insurance rates based on telematics data; Allowing termination of a telematics agreement by the terms of the agreement; and AMENDING SECTION 33-23-223, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 33-23-223, MCA, is amended to read:
"33-23-223. Insurer obligations for telematics agreement -- termination. (1) An insurer may provide a benefit an opportunity to a policyholder for participating to participate in a telematics agreement.
(2) Except as provided in subsection (4), an insurer may not cancel, refuse to issue, or refuse to renew a motor vehicle insurance policy solely because a policyholder refuses to:
(a) enter into or consent to a telematics agreement; or
(b) provide access to recorded data from a recording device.
(a) may not reduce coverage, increase a premium, place in a less favorable rate tier, or deny a claim to a policyholder if the policyholder refuses to enter into or consent to a telematics agreement, except as provided in subsection (4) or (7); and
(b) may not, based upon solely on analysis of recorded data collected in connection with the telematics agreement, reduce coverage, increase a premium, place in a less favorable rate tier, deny a claim, or reduce or refuse to provide a benefit insurance coverage to a policyholder, except as provided in subsections (4), (5), and (7).
(4) Subsections (2) and (3) do not apply to a motor vehicle insurance policy:
(a) based upon the policyholder driving a minimum or maximum number of miles or driving within a certain range of miles; and
(b) that requires a policyholder to use a recording device for purposes of determining mileage.
(5) An insurer may adjust the benefit provided under subsection (1) a premium to the extent that an analysis of the recorded data collected through the telematics agreement accurately represents the policyholder's driving habits.
(6) An insurer offering a telematics agreement shall offer all its policyholders under that policy type an equal opportunity to enter into a telematics agreement except to the extent the recording device used under the telematics agreement is not compatible with the motor vehicle of the policyholder.
(7) (a) An insurer may terminate a telematics agreement and any associated benefit if a policyholder materially fails to comply with a term of the telematics agreement.
(b) Termination of a telematics agreement and any associated benefit under this subsection (7) does not constitute a midterm premium increase as provided in 33-15-1108.
(8) An insurer shall terminate a telematics agreement and any associated benefit upon the request of the policyholder according to the terms of the telematics agreement.
(9) Termination of a telematics agreement under subsection (7) or (8) does not constitute a midterm premium increase as provided in 33-15-1108."