MT CSI Advisory Memorandum of 2024-11-04
Addendum to August 29, 2007 Advisory Memorandum Regarding Amendment to § 33-23-203, Mont. Code Ann., Limitation of Liability Under Motor Vehicle Liability Policy ("AntiStacking Statute") - New Certification
COMMISSIONER OF SECURITIES AND INSURANCE
Troy Downing
Office of the
Commissioner
Montana State Auditor
840 Helena Avenue, Helena, Montana 59601
(main fax) 406.444.3413 I (securities fax) 406.444.5558
(insurance consumer services fax) 406.444.1980 I (legal fax) 406.444.3499
(phone) 800.332.6148 or 406.444.2040 I (email) csi@mt.gov I (web) www.csimt.gov
ADDENDUM TO ADVISORY MEMORANDUM
To:
ALL INTERESTED PERSONS
From:
TROY DOWNING
Commissioner of Securities and Insurance, Montana State Auditor
Date:
11/04/2024
Addendum to August 29, 2007 Advisory Memorandum Regarding Amendment to
§ 33-23-203, Mont. Code Ann., Limitation of Liability Under Motor Vehicle
Liability Policy ("Anti- Stacking Statute") - New Certification
Background
On August 29, 2007, the Commissioner of Securities and Insurance, Montana State Auditor
(CSI) issued an advisory memorandum related to House Bill 587 amending § 33-23-203, Mont.
Code Ann., which allows an insurer to avoid stacking “if the premiums charged for the coverage
by the insurer actuarially reflect the limiting of coverage separately to the vehicles covered by
the policy and premium rates have been filed with” CSI. The last paragraph of that advisory
memorandum references instructions and a checklist for filing new rates intended to avoid
stacking. CSI has developed a new certification for compliance with § 33-23-203, MCA.
Accordingly, the last paragraph of the August 29, 2007 advisory memorandum is rescinded
because the instructions and checklist referenced therein are no longer in effect.
Guidance
A new certification titled, Montana Certification of Compliance for UM, UIM, and Med-Pay
Coverages is available on the CSI website at csimt.gov under Rates and following this advisory
memo. If you have questions regarding this matter, please contact CSI at 406-444-2040.
This advisory memorandum is informational only and does not enlarge, delimit, or
otherwise modify any requirements of applicable law or in any way limit the
authority of CSI under applicable law. CSI encourages interested persons to consult
with independent legal counsel for guidance on the application of law to any
particular circumstances.
v 10/2024
840 Helena Ave
Helena, MT 59601
Phone: 406.444.2040 or 800.332.6148
Fax: 406.444.3413
www.csimt.gov
MONTANA CERTIFICATION OF COMPLIANCE FOR UM, UIM, AND MED-PAY COVERAGES
SERFF Filing Number
,
I,
, on behalf of
,
[Qualified Credentialed Actuary Name]
[Company Name]
do hereby certify the following (please check one):
[check box]
The Company allows “stacking” of UM, UIM, and Med-Pay limits.
[check box]
The Company does not allow “stacking” of all or some of UM, UIM, and Med-Pay, and the premiums
charged for the coverage by the Company actuarially reflects the limiting of coverage separately to the
vehicles covered by the policy per § 33-23-203(1)(c), MCA.
I certify that a complete copy of UM, UIM and Med-Pay premiums and/or rates have been filed with the Commissioner of
Securities and Insurance, Office of the Montana State Auditor.
I understand that this certification in no way excuses compliance with any provision of Montana law.
Qualified Credentialed Actuary Signature
Date
Title
Email Address
Telephone Number
Mailing Address
City, State, Zip
SIGN