61-12-301. Terms defined. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Agent" means a person who solicits the purchase of service contracts or transmits for another a service contract or application for a service contract to or from the company or who acts or aids in any manner in the delivery or negotiation of any service contract or of the renewal or continuance of a service contract.

(2) "Bail bond service" means any act or acts by a company the purpose of which is to furnish or procure for any person accused of violation of any law of this state a cash deposit, bond, or other undertaking required by law in order that the accused might enjoy the accused's personal freedom pending trial.

(3) "Buying and selling service" means any act or acts of a company whereby the holder of a service contract with the company is aided in any way in the purchase or sale of an automobile.

(4) "Commissioner" means the commissioner of insurance of the state of Montana or the commissioner's assistants or deputies or other persons authorized to act for the commissioner.

(5) "Company" means any person, firm, partnership, company, association, or corporation engaged in selling, furnishing, or procuring, either as principal or agent, for a consideration, motor club service.

(6) "Discount service" means any act or acts by a company resulting in the giving of special discounts, rebates, or reductions of price on gasoline, oil, repairs, insurance, parts, accessories, or service for motor vehicles to holders of service contracts with the company.

(7) "Emergency road service" means any act or acts by a company consisting of the adjustment, repair, or replacement of the equipment, tires, or mechanical parts of any automobile so as to permit it to be operated under its own power.

(8) "Financial service" means any act or acts by a company whereby loans or other advances of money, with or without security, are made to holders of service contracts with the company.

(9) "Legal service" means any act or acts by a company consisting of the hiring, retaining, engaging, or appointing of an attorney or other person to give professional advice to or represent holders of service contracts with the company in court as the result of liability incurred by the right of action accruing to the holder of a service contract as a result of the ownership, operation, use, or maintenance of a motor vehicle.

(10) "Map service" means any act or acts by a company by which road maps are furnished without cost to holders of service contracts with the company.

(11) "Motor club service" means the rendering, furnishing, or procuring of towing service, emergency road service, insurance service, bail bond service, legal service, discount service, financial service, buying and selling service, theft service, map service, and touring service, or any three or more enumerated services to any person or persons in connection with the ownership, operation, use, or maintenance of a motor vehicle by the other person or persons in consideration of the other person or persons being or becoming a member or members of any company rendering, procuring, or furnishing the services, being or becoming in any manner affiliated with the company, or being or becoming entitled to receive membership or other motor club service from the company by virtue of any agreement or understanding with the company.

(12) "Service contract" means any agreement or understanding whereby any company for a consideration promises to render, furnish, or procure for any other person or persons, whether they be members of the company or otherwise, motor club service.

(13) "Theft service" means any act or acts by a company the purpose of which is to locate, identify, or recover a motor vehicle owned or controlled by the holder of a service contract with the company that has been or may be stolen or to detect or apprehend the person guilty of the theft.

(14) "Touring service" means any act or acts by a company by which touring information is furnished without cost to holders of service contracts with the company.

(15) "Towing service" means any act or acts by a company consisting of the drafting or moving of a motor vehicle from one place to another under other than its own power.

History: En. Sec. 1, Ch. 131, L. 1931; re-en. Sec. 4211.1, R.C.M. 1935; R.C.M. 1947, 66-1101; amd. Sec. 1968, Ch. 56, L. 2009.