Montana FAIR Plan: there isn't one, and what to do instead

Does Montana have a FAIR Plan?

No. Montana does not operate a FAIR Plan or any state-run insurer of last resort. If every admitted carrier in Montana has turned you down, the route is the surplus-lines (E&S) market: a licensed surplus-lines broker places the policy with a non-admitted carrier. Expect a higher premium and no state guaranty-fund backstop if the carrier later fails.

What is changing right now?

Jan 6, 2025: James Brown sworn in as 18th Montana State Auditor / Commissioner of Securities and Insurance. Feb 27, 2025: Governor Gianforte signs HB 60 (domestic surplus-lines insurers; $15M minimum). April 7, 2025: HB 136 (voluntary wildfire-mitigation discounts) assigned chapter number. May 13, 2025: HB 490 (utility wildfire liability) signed. May 24, 2025: Commissioner Brown publishes op-ed on rising insurance costs and wildfire risk. July 9, 2025: Commissioner Brown issues advisory opinion against blanket wildfire-based non-renewals after Jericho Mountain Fire complaints. Dec 19, 2025: Daily Montanan reports legislative-council interim study calling for 'layered, adaptive' wildfire insurance approach in Montana. Jan 1, 2026: CSI transitions surplus-lines filings and payments to SLIP+ for States platform.

How Montana handles hard-to-insure homes

Surplus lines (non-admitted / E&S) market; no FAIR Plan, no JUA, no state-backed insurer of last resort. MT is not a PIPSO member. (Source: Montana Commissioner of Securities and Insurance, verified 2026-05-14.)

Surplus lines is the de facto coverage-of-last-resort path in Montana for homeowners that admitted carriers decline. CSI maintains a publicly downloadable Eligible Surplus Lines Companies list (most recent edition June 2025). Surplus-lines transactions are taxed at 2.75% premium plus 0.175% SLIP+ transaction fee, with a 2.50% fire tax on the fire-coverage portion; tax payments are due April 1 each year. Effective January 1, 2026, CSI moves all surplus-lines filings and payments to the SLIP+ for States platform. (Source: Montana Commissioner of Securities and Insurance, Surplus Lines, verified 2026-05-14.)

How Montana regulates the homeowners market

Montana Commissioner of Securities and Insurance (CSI), Office of the Montana State Auditor (Source: Montana Commissioner of Securities and Insurance, verified 2026-05-14.)

Montana is a file-and-use state for personal-lines property and casualty rates under MCA 33-16-203, with prior-approval triggers for filings below the designated advisory-organization loss costs. Most homeowners filings take effect after a 30-day waiting period unless disapproved by CSI; CSI may extend the waiting period. (Source: Montana CSI P&C Rate and Rule Filing Guide, verified 2026-05-14.)

Montana requires at least 45 days' written notice before an insurer can cancel or refuse to renew any homeowners, fire, theft, or liability policy on a home occupied as the insured's primary residence, with the specific reason(s) stated in the notice. The notice may be as short as 20 days for cancellation due to nonpayment of premium. The rule is set by MCA 33-23-401. (Source: Montana Code Annotated MCA 33-23-401, verified 2026-05-14.)

Post-disaster protections and mitigation credits

Montana has no standing statutory post-disaster nonrenewal moratorium analogous to California Cal. Ins. Code Section 675.1. Commissioner Brown invoked his administrative authority under the insurance code on July 9, 2025 to issue an advisory opinion reminding insurers they cannot cancel or refuse to renew property policies based solely on a perceived imminent wildfire threat when the fire is not adjacent to the insured property. The advisory was prompted by complaints during the Jericho Mountain Fire (Lewis and Clark County). It is administrative guidance, not a statutory moratorium with a fixed end date. (Source: Montana CSI Advisory Opinion (July 2025) on Insurance Refusals and Wildfire Risks, verified 2026-05-14.)

House Bill 136 (2025; signed by Governor Gianforte, chapter number assigned April 7, 2025) authorizes Montana homeowners insurers to offer premium reductions to policyholders who invest in wildfire mitigation and resilient construction (ignition-resistant roofs, fire-resistant siding, defensible space). The law is permissive, not mandatory: it allows discounts but does not require carriers to grant them. HB 533 separately requires insurers to disclose the wildfire risk score, score range, score authorship, and score date to a current or prospective homeowner within 30 days of request. (Source: Montana Free Press 2025 Capitol Tracker / Montana CSI, verified 2026-05-14.)

Recent Montana home-insurance changes

Jan 6, 2025: James Brown sworn in as 18th Montana State Auditor / Commissioner of Securities and Insurance. Feb 27, 2025: Governor Gianforte signs HB 60 (domestic surplus-lines insurers; $15M minimum). April 7, 2025: HB 136 (voluntary wildfire-mitigation discounts) assigned chapter number. May 13, 2025: HB 490 (utility wildfire liability) signed. May 24, 2025: Commissioner Brown publishes op-ed on rising insurance costs and wildfire risk. July 9, 2025: Commissioner Brown issues advisory opinion against blanket wildfire-based non-renewals after Jericho Mountain Fire complaints. Dec 19, 2025: Daily Montanan reports legislative-council interim study calling for 'layered, adaptive' wildfire insurance approach in Montana. Jan 1, 2026: CSI transitions surplus-lines filings and payments to SLIP+ for States platform. (Source: Montana Commissioner of Securities and Insurance, verified 2026-05-14.)

Your protections if you're declined in Montana

If admitted carriers decline you in Montana, your options are: (1) shop with an independent agent or use CSI's consumer page (multiple admitted carriers including Mountain West Farm Bureau, State Farm, Farmers, Allstate, Travelers, and Chubb still write in Montana); (2) work with a Montana-licensed surplus-lines producer who can place coverage with a non-admitted insurer on CSI's Eligible Surplus Lines Companies list, recognizing that surplus-lines policies are not backed by the Montana Insurance Guaranty Association; (3) file a complaint with CSI Consumer Advocates at (800) 332-6148 or via the NAIC online complaint form if you believe a cancellation or nonrenewal violated MCA 33-23-401 (45-day notice / specific-reason rule), especially if the carrier cited a wildfire many miles away (see Commissioner Brown's July 9, 2025 advisory); (4) ask whether your carrier offers a HB 136 wildfire-mitigation discount and request your wildfire risk score under HB 533. (Source: Montana Commissioner of Securities and Insurance, verified 2026-05-14.)

Montana Insurance Guaranty Association (MIGA) covers claims against insolvent admitted property/casualty carriers under MCA Title 33, Chapter 10 (adopted 1971 from the NAIC model act). MIGA does not cover surplus-lines / non-admitted carriers or policies purchased from unlicensed insurers. MIGA is administered out of a Denver office at 1873 S Bellaire St Ste 920, Denver CO 80222. (Source: Montana Insurance Guaranty Association, verified 2026-05-14.)

How we compile and verify every fact on this page →

What to do this week if you just got a non-renewal notice

1. Read the notice fully. Note the cancellation date: that is your runway.
2. Call your current agent and ask why. Some non-renewals are reversible (a minor issue, a missed inspection); most aren't.
3. Get quotes from at least three other admitted carriers before reaching the surplus-lines market. If you're rural / WUI / coastal you may strike out; that's normal.
4. If admitted carriers decline, contact a licensed surplus-lines (E&S) broker in Montana. They can submit on your behalf the same week.
5. Don't let coverage lapse. A lapse triggers force-placed insurance from your lender: much more expensive, and worse coverage.

For the full playbook see I just got a non-renewal notice →