Mont. Code Ann. » TITLE 33. INSURANCE AND INSURANCE COMPANIES · CHAPTER 1. ADMINISTRATION AND GENERAL PROVISIONS · Part 12. Insurance Fraud Protection
Montana Code Annotated

Mont. Code Ann. § 33-1-1210 (2026)

Immunity From Liability

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  1. MCA Contents
  2. TITLE 33
  3. CHAPTER 1
  4. Part 12
  5. 33-1-1210 Immunity from liability

TITLE 33. INSURANCE AND INSURANCE COMPANIES

CHAPTER 1. ADMINISTRATION AND GENERAL PROVISIONS

Part 12. Insurance Fraud Protection

Immunity From Liability

33-1-1210. Immunity from liability. (1) In the absence of malice, an insurer, an officer, employee, or producer of the insurer, an independent adjuster, an administrator, a consultant, or any private person is not subject to civil liability for filing reports, providing information, or otherwise cooperating with an investigation or examination of insurance fraud conducted by the commissioner.

(2) A person listed in subsection (1) receives immunity if the person:

(a) cooperates with, furnishes evidence to, or provides information regarding any suspected insurance fraud to the commissioner, the national association of insurance commissioners, any nonprofit organization established to detect and prevent insurance fraud, or other insurer or producer; or

(b) complies with an order issued by a court of competent jurisdiction acting in response to a request by the commissioner to furnish evidence or provide testimony.

History: En. Sec. 7, Ch. 237, L. 1995.

Notes of Decisions
Cited in 2 cases, 2005–2005 · leading case: Sherner v. Nat'l Loss Control Servs. Corp., 2005 MT 284, 124 P.3d 150.
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Sherner v. Nat'l Loss Control Servs. Corp., 2005 MT 284, 124 P.3d 150. · cites it 17× “Did the District Court err in granting summary judgment to all defendants based on § 33-1-1210, MCA, which generally grants immunity to those who report insurance fraud? ¶5 3.”
Sherner v. Nat'l Loss Control Ser. Corp., 2005 MT 284, 124 P.3d 150. · cites it 17× “Did the District Court err in granting summary judgment to all defendants based on § 33-1-1210, MCA, which generally grants immunity to those who report insurance fraud? ¶ 5 3.”
Mont. Code Ann. § 33-1-1210(1): 2 cases
Sherner v. Nat'l Loss Control Servs. Corp., 2005 MT 284, 124 P.3d 150. “Did the District Court err in granting summary judgment to all defendants based on § 33-1-1210, MCA, which generally grants immunity to those who report insurance fraud? ¶5 3.”
Sherner v. Nat'l Loss Control Ser. Corp., 2005 MT 284, 124 P.3d 150. “Did the District Court err in granting summary judgment to all defendants based on § 33-1-1210, MCA, which generally grants immunity to those who report insurance fraud? ¶ 5 3.”
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