39-71-107, MCA
Stewart v. MACo Workers' Compensation Trust [05/15/08] In the absence of a statute which sets forth permissible copy charges for a claimant’s request of his own claim file, § 39-71-107(3), MCA, offers some guidance to the Court in mandating that a claim file must be maintained in a manner that makes it accessible to the claimant. A prohibitively expensive claim file is not truly accessible to a claimant. An insurer may charge a reasonable amount – the same amount as is commonly charged by businesses in the community which offer photocopy services to the public where the claim file is maintained. |
| [2001] Hernandez v. ACE USA [4/24/03] 2003 MTWCC 32 By giving its insured veto power over settlements, the insurer violated section 39-71-107(3), MCA (2001), which requires appointment of a resident adjuster with settlement authority. |