Mont. Code Ann. » TITLE 39. LABOR · CHAPTER 71. WORKERS' COMPENSATION · Part 5. Uninsured Employers
Montana Code Annotated

Mont. Code Ann. § 39-71-501 (2026)

Definition Of Uninsured Employer

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 71
  4. Part 5
  5. 39-71-501 Definition of uninsured employer

TITLE 39. LABOR

CHAPTER 71. WORKERS' COMPENSATION

Part 5. Uninsured Employers

Definition Of Uninsured Employer

39-71-501. Definition of uninsured employer. For the purposes of 39-71-501, 39-71-503 through 39-71-511, 39-71-515 through 39-71-520, and 39-71-541, "uninsured employer" means an employer who has not properly complied with the provisions of 39-71-401.

History: En. 92-212 by Sec. 4, Ch. 550, L. 1977; R.C.M. 1947, 92-212(part); amd. Sec. 62, Ch. 397, L. 1979; amd. Sec. 179, Ch. 42, L. 1997; amd. Sec. 7, Ch. 377, L. 1999; amd. Sec. 11, Ch. 112, L. 2009.

Notes of Decisions
Cited in 15 cases, 1980–2017 · leading case: Zempel v. Uninsured Employers' Fund, 938 P.2d 658 (Mont. 1997).
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Zempel v. Uninsured Employers' Fund, 938 P.2d 658 (Mont. 1997). · cites it 102× “Did the Workers' Compensation Court err in concluding that § 39-71-501, MCA (1991), as applied, does not deny Zempel equal protection of the laws? 2.”
Dahl v. Uninsured Employers' Fund, 1999 MT 168 (Mont. 1999). · cites it 10× “(collectively referred to as "Dahl"), were uninsured employers under § 39-71-501, MCA (1993). We reverse the decision of the Workers' Compensation Court and remand for further proceedings consistent with this opinion.”
Auto Parts v. Emp. Relations Div. Uninsured Employers' Fund, 2001 MT 72 (Mont. 2001). · cites it 3× “” Section 39-71-501, MCA (1995). An employer who “has not properly complied,” is one that is not covered by one of the three approved plans.”
Buerkley v. Aspen Meadows Ltd. P'ship, 1999 MT 97 (Mont. 1999). · cites it 6× “l, Buerkley contends that an employer who has not properly complied with the requirements of § 39-71-401, MCA (1993), is an “uninsured employer” pursuant to § 39-71-501, MCA (1993), and, therefore, subject to the civil remedies provided pursuant to §§ 39-71-508 and -515, MCA…”
Cottrill v. Cottrill Sodding Serv., 744 P.2d 895 (Mont. 1987). · cites it 2× “Section 39-71-501, et seq. The class of employees being considered for equal protection purposes under the Constitution are “members of an employer’s family dwelling in the employer’s household” Section 39-71- *44 401(2)(c), MCA, as compared to members of an employer’s family…”
Boehm v. Alanon Club, 722 P.2d 1160 (Mont. 1986). · cites it 3× “However, only employers who are uninsured, as defined by Section 39-71-501, MCA, are subject to such an action.”
Waldo v. Montana Dep't of Labor & Indus. Uninsured Employers Fund (In Re Waldo), 186 B.R. 118 (Bankr. D. Mont. 1995). · cites it 4× “However, on the date of the injury Debtor had no workers’ compensation insurance. Debtor’s lack of coverage resulted in a claim by Loos’ widow against the UEF pursuant to the uninsured employer provisions of the Montana workers’ compensation law.”
CNA Ins. Companies v. Dunn, 902 P.2d 1014 (Mont. 1995). · cites it 2× “An uninsured employer is defined in § 39-71-501, MCA, as “an employer who has not properly complied with the provisions of 39-71-401 [requiring an employer to elect to be bound by a plan].”
State Farm Fire & Cas. Co. v. Bush Hog, LLC, 2009 MT 349 (Mont. 2009). · cites it 5× “If a subsequent contribution or indemnification action is permitted, is an “uninsured employer” as that term is defined by §39-71-501, MCA, prohibited from bringing such a contribution and/or indemnification action? ¶2 We accepted the certified questions by order filed on…”
Asurion Servs., LLC v. Montana Ins. Guar. Ass'n, 2017 MT 140 (Mont. 2017). · cites it 6× “Harris’s claims were made and accepted by Lumbermens in 2002, before Lumbermens’ insolvency.”
Caldwell v. Great W. Sugar Co., 746 P.2d 627 (Mont. 1987). · cites it 13× “Under § 39-71-501, MCA, an "uninsured employer" means an employer who has not properly complied with the provisions of S 39-71-401, MCA.”
Hand v. Uninsured Employers' Fund, 2004 MT 336 (Mont. 2004). · cites it 2× “During Hand’s employment, Roush was an uninsured employer within the meaning of § 39-71-501, MCA (1991). ¶5 In 1984, Hand fell while loading hay and injured one or both of his knees.”
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