| FOR IMMEDIATE RELEASE Date: March 9, 2026 Contact: Tyler Newcombe Tyler.Newcombe@mt.gov |
| March 9, 2026 FOR IMMEDIATE RELEASE James Brown, the Montana State Auditor and Commissioner of Securities and Insurance, is pleased to announce that he, in tandem with the Montana Attorney General Austin Knudsen, successfully defeated a legal challenge to common-sense legislation adopted in 2021 by the Montana Legislature. The legislation repealed the ban on insurance companies considering sex and marital status in setting policy premium. The legislation resulted in lowering insurance rates for some Montanans. In 1985, Montana adopted a law that made it one of only state in the Nation to broadly prohibit insurance companies from considering a person’s sex and marital status in setting rates across all lines of insurance. This “unisex” law resulted in higher insurance rates for many Montanans and restricted free-market competition because some insurers chose not to offer coverage in Montana due to the misguided law. In 2021, the Auditor’s office worked with Republican Representative Sue Vinton to champion HB 379, a bill to repeal the 1985 law. The agency’s efforts included providing testimony that, because of the unisex law, companies were unable to properly insure for risk factors including the fact that young male drivers are far more likely to be involved in fatal car accidents than young female drivers and that gender is an oft used factor in determining the cost of life insurance policies. Although HB 379 was passed by a super majority during the 2021 Legislative session and signed into law by Governor Gianforte, a special interest law firm filed a lawsuit claiming the law constituted unfair discrimination . The firm asked a Montana court to declare HB 379 unconstitutional. After years of extremely costly and protracted litigation, Auditor Brown is pleased to announce that Helena District Court Judge Menahan granted his Motion for Summary Judgment. And, in turn the lawsuit was dismissed . In his ruling, the Judge noted that the Plaintiffs own testimony undercut their legal case. Auditor Brown said: “This is another case where a special interest group ran to the courts to try to overturn a common-sense law passed by the Montana Legislature. My office stepped into the breach and successfully defended the constitutionality of HB 379 and the consumer protection policy underlying the bill.” “The idea that government should ban insurance companies from looking at sex and marital status when setting policy rates is the very definition of big government overreach and nonsensical meddling. Going forward, Montanans’ insurance premiums will be more affordable for Montanans because rates are tied to a person’s actual risk profile in keeping with very concept of insurance as a business. This is a no-brainer and a commonsense law that will help the people of Montana and we are proud to celebrate this victory for Montanans. A copy of the Judge’s order on summary judgment is attached below. ### 840 Helena Avenue, Helena, Montana 59601 (main fax) 406.444.3413 I (securities fax) 406.444.5558 (insurance consumer services fax) 406.444.1980 I (legal fax) 406.444.3499 (phone) 800.332.6148 or 406.444.2040 I (email) csi@mt.gov I (web) www.csimt.gov |
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