Key Takeaways

  • Montana has adopted the Unfair Insurance Practices Act under MCA 33-18
  • Montana has adopted the Unfair Claims Settlement Practices Act
  • Rebating and unfair discrimination are specifically prohibited
  • The CSI has enforcement authority and can impose fines
  • Insurers must handle claims fairly and promptly
Last updated: January 2026

Unfair Trade Practices

Montana has adopted comprehensive unfair trade practices regulations under Title 33, Chapter 18 of the Montana Code Annotated.

Unfair Insurance Practices Act (MCA 33-18-101 to 33-18-1006)

Montana prohibits various unfair or deceptive practices in the insurance industry.

Misrepresentation

Producers and insurers are prohibited from:

  • Making false statements about policy terms or benefits
  • Misrepresenting the financial condition of an insurer
  • Using misleading policy illustrations
  • Making false statements about competitors
  • Misrepresenting the nature of the insurance transaction

False Advertising

Montana prohibits deceptive insurance advertising:

  • Ads must be truthful and not misleading
  • Must clearly identify as insurance advertisement
  • Cannot use testimonials that are not genuine
  • Cannot imply government endorsement
  • Must include insurer's name

Rebating and Discrimination

Montana specifically addresses rebating and discrimination:

MCA 33-18-209: Exceptions to Discrimination and Rebates

Certain exceptions may apply to the discrimination and rebates provision.

MCA 33-18-210: Unfair Discrimination and Rebates Prohibited

For title, property, casualty, or surety insurance, unfair discrimination and rebates are prohibited.

MCA 33-18-217: Military Discount Exception

A military discount exception to the rebate and discount prohibition exists for property or casualty insurance.

What Is Prohibited

  • Returning part of premium to insured
  • Offering gifts or prizes of significant value
  • Paying for referrals to individuals
  • Sharing commission with non-licensed persons

Limited Exceptions

Montana allows:

  • Dividends specified in policy
  • Legitimate marketing items of nominal value
  • Group premium discounts
  • Military discounts for property/casualty

Unfair Claims Settlement Practices Act (MCA 33-18-201)

Montana has adopted the Unfair Claims Settlement Practices Act with specific requirements.

Prohibited Practices

Insurers cannot:

  • Misrepresent policy provisions to claimants
  • Fail to acknowledge claims promptly
  • Fail to communicate claim decisions
  • Deny claims without reasonable investigation
  • Offer substantially less than reasonable value
  • Delay payment to force settlement

Required Practices

Insurers must:

  • Acknowledge claims with reasonable promptness
  • Act reasonably promptly on communications
  • Adopt reasonable standards for prompt investigation
  • Attempt in good faith to settle claims where liability is clear

Commissioner's Rule-Making Authority

The Insurance Commissioner has specific rule-making authority to adopt rules under the Montana Administrative Procedures Act necessary to implement the Unfair Trade Practices Act.

Enforcement Actions

Historic Settlement Example

In February 2024, the Montana Commissioner of Securities and Insurance announced a $2 million settlement with State Farm regarding unfair claim settlement practices, with an additional suspended $2 million fine contingent on corrective action. The settlement arose from a two-year examination that revealed underpayment of claims.

Bad Faith Claims

Montana allows insureds to bring claims against insurers for:

  • Breach of the implied covenant of good faith and fair dealing
  • Violations of the Unfair Claims Settlement Practices Act
  • Failure to exercise good faith in negotiations and settlement

Exam Tip: Montana has adopted the Unfair Claims Settlement Practices Act, which gives consumers additional protections when making claims.

Twisting and Churning

Twisting

Twisting is misrepresenting the terms of an existing policy to induce replacement:

  • Falsely claiming existing policy is worthless
  • Misrepresenting surrender values
  • Hiding costs of replacement
  • Exaggerating benefits of new policy

Churning

Churning is excessive replacement to generate commissions:

  • Multiple replacements for same client
  • Pattern of replacements in producer's book
  • Ignoring client's best interests
  • Creating new surrender charge periods

Penalties

ViolationPotential Penalty
First offenseWarning, fine, or suspension
Repeat offenseLicense revocation
Consumer harmRestitution required

Unfair Discrimination

Montana prohibits unfair discrimination in insurance:

Prohibited Practices

PracticeProhibition
RaceCannot discriminate based on race
ReligionCannot discriminate based on religion
National OriginCannot discriminate based on national origin
DisabilityCannot discriminate based on disability (with limitations)

What IS Permitted

Risk-based underwriting using:

  • Age
  • Health history
  • Claims history
  • Occupation
  • Lifestyle factors (smoking, hazardous activities)

Consumer Complaint Process

Consumers can file complaints with the CSI:

  • Consumer hotline: (800) 332-6148 or (406) 444-2040
  • Email: CSI.marketconduct@mt.gov
  • The CSI will investigate and may take enforcement action
Test Your Knowledge

Has Montana adopted the Unfair Claims Settlement Practices Act?

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Test Your Knowledge

Which of the following is generally PERMITTED in Montana insurance sales?

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D
Test Your Knowledge

What is the consumer hotline for the Montana Commissioner of Securities and Insurance?

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D
Test Your Knowledge

What is twisting in Montana insurance law?

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D