Mont. Code Ann. » TITLE 33. INSURANCE AND INSURANCE COMPANIES · CHAPTER 18. UNFAIR TRADE PRACTICES · Part 2. Insurer's Relations With Insured and Claimant
Montana Code Annotated

Mont. Code Ann. § 33-18-208 (2026)

Contract To Contain Agreements -- Rebates Prohibited -- Life, Disability, And Annuity Contracts

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 33
  3. CHAPTER 18
  4. Part 2
  5. 33-18-208 Contract to contain agreements -- rebates prohibited -- life, disability, and annuity contracts

TITLE 33. INSURANCE AND INSURANCE COMPANIES

CHAPTER 18. UNFAIR TRADE PRACTICES

Part 2. Insurer's Relations With Insured and Claimant

Contract To Contain Agreements -- Rebates Prohibited -- Life, Disability, And Annuity Contracts

33-18-208. Contract to contain agreements -- rebates prohibited -- life, disability, and annuity contracts. Except as otherwise expressly provided by law and in 33-22-2204, a person may not knowingly:

(1) permit or offer to make or make any contract of life insurance, life annuity, or disability insurance or agreement as to such contract other than as plainly expressed in the contract issued thereon;

(2) pay or allow or give or offer to pay, allow, or give, directly or indirectly, as inducement to such insurance or annuity any rebate of premiums payable on the contract or any special favor or advantage in the dividends or other benefits thereon or any paid employment or contract for services of any kind or any valuable consideration or inducement whatever not specified in the contract;

(3) directly or indirectly give or sell or purchase or offer or agree to give, sell, purchase, or allow as inducement to such insurance or annuity or in connection therewith and whether or not to be specified in the policy or contract, any agreement of any form or nature promising returns and profits or any stocks, bonds, or other securities or interest present or contingent therein or as measured thereby of any insurance company or other corporation, association, or partnership or any dividends or profits accrued or to accrue thereon; or

(4) offer, promise, or give anything of value whatsoever not specified in the contract.

History: En. Sec. 212, Ch. 286, L. 1959; R.C.M. 1947, 40-3510; amd. Sec. 6, Ch. 600, L. 2025.

Notes of Decisions
Cited in 4 cases, 1997–2019 · leading case: Mark Ibsen, Inc. v. Caring for Montanans, Inc., 2016 MT 111 (Mont. 2016).
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Mark Ibsen, Inc. v. Caring for Montanans, Inc., 2016 MT 111 (Mont. 2016). · cites it 11× “It further argued that these kickbacks were given to ensure that BCBSMT remained as a “Chamber Choice" provider and thus were in violation of § 33-18-208, MCA. ¶6 In addition to asserting class allegations, the amended complaint set forth the following four counts: Count I -…”
The Depot, Inc. v. Caring for Montanans, Inc., 915 F.3d 643 (9th Cir. 2019). “See Mont. Code Ann. §§ 33-18-208 , 33-18- 212.”
Larson v. State, 434 P.3d 241 (Mont. 2019). “, Ibsen , ¶¶ 47-51 (holding that express provision of legal enforcement remedies to commissioner, preclusive language of § 33-18-242, MCA, and underlying legislative intent for agency enforcement and to limit expansion of private remedies beyond claims handling disputes…”
Ins. Comm'r for the State v. Engelman, 692 A.2d 474 (Md. 1997). “356; Mont.Code Ann. §§ 33-18-208, 33-18-210; Nev.”
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