Key Takeaways
- The Montana Commissioner of Securities and Insurance (CSI) is elected by Montana voters for a 4-year term
- The CSI enforces the Montana Insurance Code (Title 33, Montana Code Annotated)
- Montana uses a file-and-use system for most property and casualty insurance rates
- The CSI has authority to license producers, examine insurers, and discipline violators
- The toll-free consumer hotline is (800) 332-6148 for Montana insurance questions and complaints
Commissioner of Securities and Insurance (CSI)
The Montana Commissioner of Securities and Insurance (CSI) is the state agency responsible for regulating the insurance industry in Montana. Unlike many states where the insurance commissioner is appointed, Montana's Commissioner is elected by voters for a four-year term.
The Insurance Commissioner
Election and Term
| Aspect | Details |
|---|---|
| Selection Method | Elected by Montana voters |
| Term Length | 4 years |
| Term Limits | May serve multiple terms |
| Qualifications | Montana resident, U.S. citizen |
Exam Tip: Montana is one of 11 states where the Insurance Commissioner is elected rather than appointed. This is a commonly tested fact on the state exam.
Commissioner Authority
The Montana Commissioner has broad regulatory powers under Title 33 of the Montana Code Annotated (MCA):
| Power | Description |
|---|---|
| Licensing | Issue, suspend, revoke, and deny producer and company licenses |
| Rate Review | Review and approve/disapprove insurance rate filings |
| Market Conduct | Examine insurer business practices and claims handling |
| Enforcement | Investigate violations and impose penalties |
| Consumer Protection | Handle complaints, mediate disputes, educate public |
| Rulemaking | Adopt administrative rules interpreting Montana Insurance Code |
| Receivership | Take control of financially troubled insurers |
Montana Insurance Code
Title 33, Montana Code Annotated
The Montana Insurance Code is found in Title 33 of the Montana Code Annotated and covers:
- Chapter 1: General Provisions
- Chapter 2: The Commissioner (CSI office and powers)
- Chapter 3: Authorized Insurers
- Chapter 15: Types of Insurance
- Chapter 17: Producers and Consultants
- Chapter 18: Trade Practices and Frauds
Key Regulatory Principles
- Solvency Regulation: Ensure insurers can pay claims
- Rate Regulation: Rates must be adequate, not excessive, not unfairly discriminatory
- Market Conduct: Fair treatment of policyholders
- Producer Regulation: Competent, honest producers
- Consumer Protection: Accessible information and complaint resolution
Rate Regulation System
Montana uses a file-and-use system for most P&C insurance rates:
How File-and-Use Works
| Step | Process |
|---|---|
| 1 | Insurer files proposed rates with CSI |
| 2 | Rates may be used immediately upon filing |
| 3 | CSI reviews rates for compliance |
| 4 | CSI may disapprove rates within statutory period |
| 5 | If disapproved, insurer must file new rates |
Rate Standards
Rates must be:
- Adequate: Sufficient to pay expected claims and expenses
- Not Excessive: Not unreasonably high for the coverage provided
- Not Unfairly Discriminatory: Based on actuarial justification, not prohibited factors
Prior Approval Exceptions
Some rate categories require prior approval before use:
- Workers' compensation insurance rates
- Title insurance rates
- Credit insurance rates
CSI Organizational Structure
Key Divisions
| Division | Responsibilities |
|---|---|
| Insurance Division | Company licensing, financial analysis, rate review |
| Producer Licensing | Producer applications, renewals, CE compliance |
| Market Conduct | Examinations, investigations, enforcement |
| Consumer Protection | Complaints, inquiries, consumer education |
| Legal Division | Hearings, enforcement actions, rulemaking |
Consumer Protection Services
Filing Complaints
Montana consumers can file insurance complaints through multiple channels:
| Method | Details |
|---|---|
| Phone | (800) 332-6148 (toll-free) |
| Local | (406) 444-2040 |
| Online | csimt.gov complaint portal |
| 840 Helena Avenue, Helena, MT 59601 | |
| csi@mt.gov |
Complaint Process
- Consumer submits complaint with documentation
- CSI acknowledges receipt within 10 business days
- CSI forwards complaint to insurer for response
- Insurer must respond within 30 days
- CSI reviews response and mediates if needed
- CSI issues final determination
Consumer Rights
Under Montana law, consumers have the right to:
- Receive clear policy information before purchase
- File complaints without retaliation
- Receive timely claims handling
- Appeal claim denials
- Access complaint resolution services
Exam Tip: Know the toll-free consumer hotline number: (800) 332-6148. Questions about how consumers can file complaints with the CSI are common on the exam.
Montana FAIR Plan
For property owners who cannot obtain coverage in the standard market, Montana participates in the FAIR (Fair Access to Insurance Requirements) Plan:
FAIR Plan Overview
| Feature | Details |
|---|---|
| Purpose | Provide property insurance for high-risk properties |
| Coverage | Basic fire and extended coverage |
| Eligibility | Properties unable to obtain standard market coverage |
| Rates | Generally higher than standard market |
| Limits | May be lower than standard policies |
Common FAIR Plan Properties
- Properties in wildfire-prone areas
- Older buildings with outdated systems
- Properties with prior claims history
- Vacant or unoccupied structures
Regulatory Examinations
Types of Examinations
| Examination Type | Purpose | Frequency |
|---|---|---|
| Financial | Review insurer solvency and reserves | Every 3-5 years |
| Market Conduct | Review business practices and claims | Risk-based |
| Target | Investigate specific concerns | As needed |
| Compliance | Verify producer licensing compliance | Ongoing |
Examination Authority
The CSI may:
- Examine books and records of any licensed entity
- Require testimony under oath
- Subpoena documents and witnesses
- Coordinate with other state regulators (NAIC)
- Share examination findings with other regulators
How is the Montana Commissioner of Securities and Insurance selected?
What rate regulation system does Montana use for most P&C insurance?
What is the toll-free consumer hotline for Montana insurance complaints?