# Mont. Code Ann. § 33-18-1003: 33-18-1003 Undefined unfair practices -- procedures for determining and restraining

> Montana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C18_P10_S33-18-1003

## Section

- **Citation:** Mont. Code Ann. § 33-18-1003
- **Heading:** 33-18-1003 Undefined unfair practices -- procedures for determining and restraining
- **Jurisdiction:** Montana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MT Code / Title 33 / Chapter 18 / Part 10 / Section 33-18-1003

## Text

33-18-1003 . Undefined unfair practices -- procedures for determining and restraining. (1) If the commissioner believes that any person engaged in the insurance business is engaging in this state in any method of competition or in any act or practice in the conduct of the business that is not defined in this chapter but that the method of competition is unfair or that the act or practice is unfair or deceptive and that a proceeding by the commissioner in respect to the act or practice would be in the public interest, the commissioner shall, after a hearing of which notice of the hearing and of the charges against the person are given to the person, make a written report of the findings of fact relative to the charges and serve a copy of the report upon the person and any intervenor at the hearing.

(2) If the report charges a violation of this chapter and if the method of competition, act, or practice has not been discontinued, the commissioner may, through the attorney general of this state, at any time after the service of the report cause an action to be instituted to enjoin and restrain the person from engaging in the method, act, or practice. In the action, the court may grant a restraining order or injunction upon terms that may be just, but the people of this state may not be required to give security before the issuance of any order or injunction. If a stenographic record of the proceedings in the hearing before the commissioner was made, a certified transcript, including all evidence taken and the report and findings, must be received in evidence in the action.

(3) If the commissioner's report made under subsection (1) or order on hearing made under 33-18-1004 does not charge a violation of this chapter, then any intervenor in the proceedings may appeal from the report or order on hearing within the time and in the manner provided in this code for appeals from the commissioner generally.

## Nearby sections

- [Mont. Code Ann. § 33-18-1001 33-18-1001 Complaint handling -- marketing -- performance -- record](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C18_P10_S33-18-1001.md)
- [Mont. Code Ann. § 33-18-1002 33-18-1002 Power of commissioner to examine insurers](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C18_P10_S33-18-1002.md)
- [Mont. Code Ann. § 33-18-1003 33-18-1003 Undefined unfair practices -- procedures for determining and restraining](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C18_P10_S33-18-1003.md)
- [Mont. Code Ann. § 33-18-1004 33-18-1004 Desist orders for prohibited practices](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C18_P10_S33-18-1004.md)
- [Mont. Code Ann. § 33-18-1005 33-18-1005 Penalty for violation of cease and desist orders](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C18_P10_S33-18-1005.md)
- [Mont. Code Ann. § 33-18-1006 33-18-1006 Desist orders for prohibited practices](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C18_P10_S33-18-1006.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C18_P10_S33-18-1003. Check the current official text before relying on it. Not legal advice.