Prevailing Competitive Rates For Automobile Body Repair Business in Lewis and Clark County

# COMMISSIONER OF SECURITIES & INSURANCE MATTHEW M. ROSENDALE, SR. COMMISSIONER  OFFICE OF THE MONTANA STATE AUDITOR February 28, 2017 All Property & Casualty Insurers and Auto Body Shops in Montana RE: Rescinding advisory memorandum on prevailing competitive rates in Lewis and Clark County (issued 12/23/16) To Whom It May Concern: The advisory memorandum issued by the Office of the Montana State Auditor, Commissioner of Securities and Insurance (CSI), on December 23, 2016, titled “Prevailing Competitive Rates for Automobile Body Repair Businesses in Lewis and Clark County” has been rescinded, and will not be enforced by the CSI. The definition of “market price” pursuant to Mont. Code Ann. 33-18-222(1) is either the agreed rate between the insurer and the business, or the “prevailing competitive rate[]…in the local area where the repairs are to be performed.” The CSI does not have authority under this statute to set a market price. Matthew M. Rosendale, Sr. Matthew M. Rosendale, Sr. Commissioner of Securities and Insurance Montana State Auditor Phone: 1-800-332-6148 / (406) 444-2040 / Main Fax: (406) 444-3497 Securities Fax: (406) 444-5558 / PHS Fax: (406) 444-1980 / Legal Fax: (406) 444-3499 840 Helena Ave., Helena MT 59601 Website: www.csi.mt.gov E-Mail: csi@mt.gov