Mont. Code Ann. » TITLE 39. LABOR · CHAPTER 71. WORKERS' COMPENSATION · Part 23. Compensation Plan Number Three
Montana Code Annotated

Mont. Code Ann. § 39-71-2313 (2026)

State Compensation Insurance Fund Created -- Obligation To Insure

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 71
  4. Part 23
  5. 39-71-2313 State compensation insurance fund created -- obligation to insure

TITLE 39. LABOR

CHAPTER 71. WORKERS' COMPENSATION

Part 23. Compensation Plan Number Three

State Compensation Insurance Fund Created -- Obligation To Insure

39-71-2313. State compensation insurance fund created -- obligation to insure. (1) There is a state compensation insurance fund known as the state fund that is a nonprofit, independent public corporation established for the purpose of allowing an option for employers to insure their liability for workers' compensation and occupational disease coverage under this chapter.

(2) The state fund is required to insure any employer in this state who requests coverage, and it may not refuse to provide coverage unless an employer or the employer's principals have defaulted on a state fund obligation and the default remains unsatisfied.

History: En. Sec. 4, Ch. 613, L. 1989; amd. Sec. 8, Ch. 4, Sp. L. May 1990; amd. Sec. 14, Ch. 630, L. 1993; amd. Sec. 2, Ch. 305, L. 1995.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2020–2025 · leading case: Allum v. State of Montana (D. Mont. 2020).
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Allum v. State of Montana (D. Mont. 2020). · cites it 3× “Mont. Code Ann. § 39-71-2320 . Montana law also states that the State Fund “is a nonprofit, independent public corporation.”
Montana Mun. Interlocal Auth. v. Montana State Fund (D. Mont. 2025). · cites it 2× “Mont. Code Ann. § 39-71-2313 (2). A difference in both obligations and regulatory oversight mechanisms does not demonstrate, in itself, that “Montana has not completely and affirmatively adopted legislation regulating MSF,” as MMIA alleges.”
Mont. Code Ann. § 39-71-2313(1): 1 case
Allum v. State of Montana (D. Mont. 2020). “Mont. Code Ann. § 39-71-2320 . Montana law also states that the State Fund “is a nonprofit, independent public corporation.”
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