# Mont. Code Ann. § 33-28-108: 33-28-108 Examinations and investigations

> Montana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C28_P1_S33-28-108

## Section

- **Citation:** Mont. Code Ann. § 33-28-108
- **Heading:** 33-28-108 Examinations and investigations
- **Jurisdiction:** Montana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MT Code / Title 33 / Chapter 28 / Part 1 / Section 33-28-108

## Text

33-28-108 . Examinations and investigations. (1) (a) Except for captive risk retention groups as provided in subsection (1)(b), the commissioner or some competent person appointed by the commissioner may examine the affairs, transactions, accounts, records, and assets of each captive insurance company as often as the commissioner considers advisable.

(b) The commissioner or some competent person appointed by the commissioner shall examine the affairs, transactions, accounts, records, and assets of each captive risk retention group as often as the commissioner considers advisable, but no less frequently than every 5 years.

(c) The expenses and charges of the examination must be paid to the commissioner by the company or companies examined.

(2) The provisions of Title 33, chapter 1, part 4, apply to examinations conducted under this section.

(3) Except as provided in subsection (4), all examination reports, preliminary examination reports or results, working papers, recorded information, documents, and their copies produced by, obtained by, or disclosed to the commissioner or any other person in the course of an examination made under this section are confidential, are not subject to subpoena, and may not be made public by the commissioner or an employee or agent of the commissioner without the written consent of the company or upon court order.

(4) (a) Subsection (3) does not prevent the commissioner from using information obtained pursuant to this section in furtherance of the commissioner's regulatory authority under Title 33. The commissioner may, in the commissioner's discretion, grant access to information obtained pursuant to this section to public officers having jurisdiction over the regulation of insurance in any other state or country or to law enforcement officers of this state or any other state or agency of the federal government at any time, as long as the officers receiving the information agree in writing to hold it in a manner consistent with this section.

(b) Captive risk retention group reports produced pursuant to the examination requirements of this section are public records as defined in 2-6-1002 .

(5) Except as provided in subsection (6), the provisions of this section apply to all business written by a captive insurance company.

(6) The examination for a branch captive insurance company may only be of branch business and branch operations if the branch captive insurance company has satisfied the requirements of 33-28-107 (2)(d) to the satisfaction of the commissioner.

(7) As a condition of authorization of a branch captive insurance company, the foreign captive insurance company shall grant authority to the commissioner for examination of the affairs of the foreign captive insurance company in the jurisdiction in which the foreign captive insurance company is formed.

## Nearby sections

- [Mont. Code Ann. § 33-28-101 33-28-101 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C28_P1_S33-28-101.md)
- [Mont. Code Ann. § 33-28-102 33-28-102 Certificates of authority -- lines of business -- definition](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C28_P1_S33-28-102.md)
- [Mont. Code Ann. § 33-28-103 33-28-103 Names of captive insurance companies](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C28_P1_S33-28-103.md)
- [Mont. Code Ann. § 33-28-104 33-28-104 Minimum capital surplus -- letter of credit](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C28_P1_S33-28-104.md)
- [Mont. Code Ann. § 33-28-105 33-28-105 Formation of captive insurance companies](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C28_P1_S33-28-105.md)
- [Mont. Code Ann. § 33-28-106 33-28-106 Dividends](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C28_P1_S33-28-106.md)
- [Mont. Code Ann. § 33-28-107 33-28-107 Reports and statements](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C28_P1_S33-28-107.md)
- [Mont. Code Ann. § 33-28-108 33-28-108 Examinations and investigations](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C28_P1_S33-28-108.md)
- [Mont. Code Ann. § 33-28-109 33-28-109 Suspension or revocation of certificate of authority](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C28_P1_S33-28-109.md)
- [Mont. Code Ann. § 33-28-110 33-28-110 Excess workers' compensation insurance -- reinsurance of self-insured plans](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C28_P1_S33-28-110.md)
- [Mont. Code Ann. § 33-28-111 33-28-111 Captive mergers](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C28_P1_S33-28-111.md)
- [Mont. Code Ann. § 33-28-120 33-28-120 Captive insurance regulatory and supervision account](https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C28_P1_S33-28-120.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T33_C28_P1_S33-28-108. Check the current official text before relying on it. Not legal advice.