That conduct also drove the size of the fine. Victory argued on appeal that the commissioner should have stuck to the $5,000-per-violation figure in § 33-2-1605(1)(a), MCA, not reached for the $25,000 ceiling in § 33-1-317, MCA. Reading the two provisions together, the Supreme Court held the commissioner has authority to impose fines up to $25,000 for managing general agent breaches. The agency had pointed to a facially illegal contract, willful obstruction of the investigation, and misrepresentations to the hearing examiner. That was enough, the court said, to take the penalty out of arbitrary-and-capricious territory.
Insurer’s PDF stunt costs $75,000 after Montana managing general agent loses appeal
