Mont. Code Ann. » TITLE 33. INSURANCE AND INSURANCE COMPANIES · CHAPTER 1. ADMINISTRATION AND GENERAL PROVISIONS · Part 5. Approval of Forms
Montana Code Annotated

Mont. Code Ann. § 33-1-502 (2026)

Grounds For Disapproval

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 33
  3. CHAPTER 1
  4. Part 5
  5. 33-1-502 Grounds for disapproval

TITLE 33. INSURANCE AND INSURANCE COMPANIES

CHAPTER 1. ADMINISTRATION AND GENERAL PROVISIONS

Part 5. Approval of Forms

Grounds For Disapproval

33-1-502. Grounds for disapproval. The commissioner shall disapprove any form filed under 33-1-501 or withdraw any previous approval of a form only if the form:

(1) is in any respect in violation of or does not comply with the laws of this state;

(2) contains or incorporates by reference, where the incorporation is otherwise permissible, any inconsistent, ambiguous, or misleading clauses or exceptions and conditions that deceptively affect the risk purported to be assumed in the general coverage of the contract, including a provision in a casualty insurance form permitting defense costs within limits, except as permitted by the commissioner;

(3) has any title, heading, or other indication of its provisions that is misleading;

(4) is printed or otherwise reproduced in a manner that renders any provision of the form substantially illegible;

(5) contains any provision that violates the provisions of 49-2-309.

History: En. Sec. 272, Ch. 286, L. 1959; R.C.M. 1947, 40-3715; amd. Sec. 1, Ch. 122, L. 1987; amd. Sec. 10, Ch. 699, L. 1991; amd. Sec. 1065, Ch. 56, L. 2009; amd. Sec. 8, Ch. 151, L. 2017.

Notes of Decisions
Cited in 8 cases, 1993–2009 · leading case: Blue Cross & Blue Shield of Montana, Inc. v. Montana State Auditor, 2009 MT 318 (Mont. 2009).
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Blue Cross & Blue Shield of Montana, Inc. v. Montana State Auditor, 2009 MT 318 (Mont. 2009). · cites it 22× “Section 33-1-502, MCA. These statutory provisions requiring approval of forms and providing for the withdrawal of prior approvals were in effect at all the times relevant to this appeal.”
Stand. Ins. v. Morrison, 584 F.3d 837 (9th Cir. 2009). · cites it 2× “” MontCode Ann. § 33-1-502. John Morrison, who is commissioner by virtue of being state auditor, has announced that this statute requires him to disapprove any insurance contract containing a so-called “discretionary clause.”
Bankers Life & Cas. Co. v. Peterson, 866 P.2d 241 (Mont. 1993). · cites it 4× “As a final matter, Bankers Life argues that the Montana Commissioner of Insurance is required by § 33-1-502(5), MCA, to review all policies for compliance with § 49-2-309, MCA, and withdraw approval if a policy violates the unisex insurance statute.”
Stand. Ins. v. Morrison, 537 F. Supp. 2d 1142 (D. Mont. 2008). · cites it 4× “Morrison has implemented a state-wide practice he argues is required by a state statute, Mont.Code Ann. § 33-1-502. The policy implemented disapproves of employee retirement benefit plans that contain a discretionary clause.”
Edwards v. Daugherty, 883 So. 2d 932 (La. 2004). “Mont.Code Ann. §§ 33-1-502 mandates that the Montana Insurance Commissioner disapprove policies which incorporate "inconsistent, ambiguous or misleading clauses," including provisions in casualty insurance forms that permit defense costs within limits.”
Blue Cross & Blue Shield of Montana, Inc. v. Montana State Auditor & Comm'r of Ins., 2009 MT 318 (Mont. 2009). · cites it 11× “Section 33-1-502, MCA. These statutory provisions requiring approval of forms and providing for the withdrawal of prior approvals were in effect at all the times relevant to this appeal.”
BCBS v. State Auditor (Mont. 2009). · cites it 11× “Section 33-1-502, MCA. These statutory provisions requiring approval of forms and providing for the withdrawal of prior approvals were in effect at all the times relevant to this appeal.”
Stand. Ins. Co. v. John Morrison (9th Cir. 2009). “” Mont. Code Ann. § 33-1-502 . John Morrison, who is commissioner by virtue of being state auditor, has announced that this statute requires him to disapprove any insurance con- tract containing a so-called “discretionary clause.”
Mont. Code Ann. § 33-1-502(1): 3 cases
Blue Cross & Blue Shield of Montana, Inc. v. Montana State Auditor, 2009 MT 318 (Mont. 2009). “Section 33-1-502, MCA. These statutory provisions requiring approval of forms and providing for the withdrawal of prior approvals were in effect at all the times relevant to this appeal.”
Blue Cross & Blue Shield of Montana, Inc. v. Montana State Auditor & Comm'r of Ins., 2009 MT 318 (Mont. 2009). “Section 33-1-502, MCA. These statutory provisions requiring approval of forms and providing for the withdrawal of prior approvals were in effect at all the times relevant to this appeal.”
BCBS v. State Auditor (Mont. 2009). “Section 33-1-502, MCA. These statutory provisions requiring approval of forms and providing for the withdrawal of prior approvals were in effect at all the times relevant to this appeal.”
Mont. Code Ann. § 33-1-502(5): 1 case
Bankers Life & Cas. Co. v. Peterson, 866 P.2d 241 (Mont. 1993). “As a final matter, Bankers Life argues that the Montana Commissioner of Insurance is required by § 33-1-502(5), MCA, to review all policies for compliance with § 49-2-309, MCA, and withdraw approval if a policy violates the unisex insurance statute.”
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