Montana Code Annotated

Mont. Code Ann. § 33-23-201 (2026)

Motor Vehicle Liability Policies To Include Uninsured Motorist Coverage -- Rejection By Insured

✓ current as of May 2026

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TITLE 33. INSURANCE AND INSURANCE COMPANIES

CHAPTER 23. CASUALTY INSURANCE

Part 2. Motor Vehicle Liability

Motor Vehicle Liability Policies To Include Uninsured Motorist Coverage -- Rejection By Insured

33-23-201. Motor vehicle liability policies to include uninsured motorist coverage -- rejection by insured. (1) A motor vehicle liability policy insuring against loss resulting from liability imposed by law for bodily injury or death suffered by any person arising out of the ownership, maintenance, or use of a motor vehicle may not be delivered or issued for delivery in this state, with respect to any motor vehicle registered and principally garaged in this state, unless coverage is provided in the policy or supplemental to the policy, in limits for bodily injury or death set forth in 61-6-103, under provisions filed with and approved by the commissioner, for the protection of persons insured under the policy who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness, or disease, including death, resulting from the injury, sickness, or disease, caused by an accident arising out of the operation or use of the motor vehicle. An uninsured motor vehicle is a land motor vehicle, the ownership, the maintenance, or the use of which is not insured or bonded for bodily injury liability at the time of the accident.

(2) The named insured has the right to reject the coverage. Unless the named insured requests the coverage in writing, the coverage need not be provided in or supplemental to a renewal policy when the named insured had rejected the coverage in connection with the policy previously issued to the named insured by the same insurer.

History: En. Sec. 1, Ch. 31, L. 1967; amd. Sec. 2, Ch. 526, L. 1975; R.C.M. 1947, 40-4403; amd. Sec. 7, Ch. 139, L. 1987; amd. Sec. 40, Ch. 83, L. 1989; amd. Sec. 1233, Ch. 56, L. 2009.

Notes of Decisions

Cited in 36 cases (3 in the last 5 years), 1979–2024 · leading case: Farmers All. Mut. Ins. v. Holeman, 924 P.2d 1315 (Mont. 1996).

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Farmers All. Mut. Ins. v. Holeman, 924 P.2d 1315 (Mont. 1996). · cites it 34× “The distinction between the uninsured motorist coverage and the third-party coverage is that by rejecting the uninsured coverage the insured may waive the first-party uninsured coverage benefitting himself, but he cannot waive the minimum liability coverages benefitting the…”

Bartell v. Am. Home Assurance Co., 2002 MT 145 (Mont. 2002). · cites it 28× “owned by any governmental unit or agency" is in violation of § 33-23-201, MCA, or the public policy of the State.”

Hubbel v. W. Fire Ins., 706 P.2d 111 (Mont. 1985). · cites it 20× “The liability and the uninsured motorist coverage limits are legally sufficient under Montana law.”

State Farm Mut. Auto. Ins. v. Gibson, 2007 MT 153 (Mont. 2007). · cites it 10× “Section 33-23-201, MCA, generally provides that all motor vehicle liability policies issued for vehicles registered in this state must include coverage “for the protection of persons insured thereunder who are legally entitled to recover damages from owners or operators of…”

Wendell v. State Farm Mut. Auto. Ins., 1999 MT 17 (Mont. 1999). · cites it 10× “See Section 33-23-201, MCA. The parties do not dispute that Morehead's vehicle is an uninsured vehicle.”

Jacobson v. Implement Dealers Mut. Ins., 640 P.2d 908 (Mont. 1982). · cites it 9× “” Montana’s mandatory uninsured motorist coverage statute, section 33-23-201, MCA, requires all motor vehicle liability insurance policies issued in this state to include uninsured motorist coverage unless the named insured rejects such coverage.”

Kemp v. Allstate Ins., 601 P.2d 20 (Mont. 1979). · cites it 9× “1947, now section 33-23-201 MCA. In New York and Vermont, however, the statutory amount was $ 10,000 for one person, and this figure was the limit stated in each of the policies involved here as to each vehicle covered.”

Est. of Gleason v. Cent. United Life Ins., 2015 MT 140 (Mont. 2015). · cites it 8× “A significant point to observe, however, is that these public policy arguments have been made in the context of uninsured and underinsured motorist coverage where the legislature has enacted specific statutes to protect against financial loss visited upon innocent traffic…”

State Farm Mut. Auto. Ins. v. Taylor, 725 P.2d 821 (Mont. 1986). · cites it 18× “I Did the State Farm policies provide uninsured motor vehicle coverage under the circumstances of this case? Uninsured motor vehicle insurance coverage must be offered by insurers in Montana under § 33-23-201, MCA: No automobile liability .”

Bennett v. State Farm Mut. Auto. Ins., 862 P.2d 1146 (Mont. 1993). · cites it 8× “State Farm contends that this public policy applies only to uninsured motorist coverage, which a Montana insurer is required by § 33-23-201, MCA, to offer to all its customers.”

McGlynn v. Safeco Ins. Companies of Am., 701 P.2d 735 (Mont. 1985). · cites it 14× “Joined as plaintiffs in the cross-claim against Safeco, McGlynn and Tracy contend that the physical contact requirement of the uninsured motorist provisions asserted by Safeco is repugnant to our uninsured motorist statute, Section 33-23-201, MCA, and to public policy, and that…”

Georgeson v. Fid. & Guar. Ins. Co., 48 F. Supp. 2d 1262 (D. Mont. 1998). · cites it 12× “See, Mont.Code Ann. § 33-23-201 (1997). 4 The public policy behind Montana’s mandatory uninsured motorist coverage statute, Mont.”

Show all 36 citing cases →

— Mont. Code Ann. § 33-23-201(1) — 6 cases

Rowe v. Travelers Indem. Co., 800 P.2d 157 (Mont. 1990).

Okuly v. Usf G Ins. Co., 2003 MT 291 (Mont. 2003).

Maryland Auto. Ins. Fund v. Baxter, 973 A.2d 243 (Md. Ct. Spec. App. 2009).

Bennett v. State Farm Mut. Auto. Ins., 758 F. Supp. 1388 (D. Mont. 1991).

Gunderson v. Liberty Mut., 2020 MT 197N (Mont. 2020).

— Mont. Code Ann. § 33-23-201(2) — 1 case

Kemp v. Allstate Ins., 601 P.2d 20 (Mont. 1979). “1947, now section 33-23-201 MCA. In New York and Vermont, however, the statutory amount was $ 10,000 for one person, and this figure was the limit stated in each of the policies involved here as to each vehicle covered.”

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