MT| The Montana Commissioner of Securities and Insurance (CSI) Advisory Memorandum, effective July 2, 2025, outlines compliance requirements for insurers regarding the treatment of open-container and marijuana possession violations in vehicles. These infractions, under Montana Code Annotated §§ 61-8-1026 and 61-8-1027, are non-criminal, carry no driver record impact, and must not be used to influence insurance rates, underwriting, or coverage decisions. Insurers who have violated these provisions must refund any related premium overcharges with interest and update their practices accordingly.
Key Points:
- Non-criminal status: Violations under §§ 61-8-1026 and 61-8-1027 do not constitute criminal offenses, cannot be used to assess insurance risk, and must not affect premiums or driver records.
- Refund requirement: Insurers must issue a refund with accrued interest for any overcharged premiums related to these violations.
- Rate and underwriting update: Insurers must update their rate filings and internal underwriting guidelines to exclude these violations, regardless of whether prior updates were made.
- Certification submission: All insurers must file a compliance certification with CSI via SERFF by October 1, 2025, affirming conformance with the law. Certification form attached to Memorandum.
- Penalties for non-compliance: Failure to comply may trigger regulatory enforcement action by CSI; affected individuals are entitled to legal remedies and interest on any overcharges.
Click here to see Montana July 2, 2025 Advisory Memorandum with Certification Form.