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(1) The purpose of these rules is to protect members of the public who deal with business entities that have elected to insure their third-party liabilities or any portion thereof through the use of independent liability funds as authorized by the Independent Liability Fund Act by:

(a) regulating the registration and annual reporting of data pertinent to the inviolability and health of independent liability funds;

(b) regulating the responsible administration of independent liability funds;

(c) providing for the coordination of efforts between the department of revenue and the commissioner to assure the inviolability and health of independent liability funds;

(d) providing mechanisms for the sanctioning of independent liability funds that do not comply with the Independent Liability Fund Act or these rules or that are not inviolable, healthy, or secure.

(2) ARM 6.6.2601 through 6.6.2606 apply to independent liability funds, as defined in the Independent Liability Fund Act, except to the extent they conflict with statutory requirements. Statutory requirements prevail over conflicting rules.

(3) These rules are not exclusive. The commissioner may also consider other provisions of the Montana Insurance Code that apply to the circumstances or situations addressed herein. The rights provided by these rules are in addition to and do not prejudice any other rights granted to third party liability claimants under statutes, common law, or other Administrative Rules of Montana.

History: Sec. 33-27-104, MCA; IMP, Title 33, Ch. 27, MCA; NEW, 1987 MAR p. 2372, Eff. 12/25/87.

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