Get Started

Employment Practices Liability in Montana

Montana's Wrongful Discharge From Employment Act defines a discharge claim through limited statutory grounds, including a material violation of an express written personnel-policy provision. If no probation period is set at or before work begins, the statute supplies a 12-month default; an employer with written internal appeal procedures must notify the employee within 14 days and the employee generally must exhaust those procedures before suit. These statutory steps are distinct from the policy's claim definition and notice terms.

What Is Employment Practices Liability Insurance?

EPLI can help pay covered defense costs and losses when applicants or workers allege discrimination, harassment, wrongful termination or other workplace wrongdoing. If you employ people, check the claim definition, defense costs and prior acts. Read the national Employment practices liability guide.

What to Watch for With Employment Practices Liability in Montana

  • Written personnel policies can define a claim theory

    A discharge may be wrongful if the employer materially violated an express provision of its own written personnel policy and that violation deprived the employee of a fair and reasonable opportunity to remain employed. Ask the broker how the policy addresses allegations centered on handbook or personnel-policy promises. 1

  • Set the probation period before work begins

    If the employer did not establish a specific probationary period or state there is none before or when work begins, Montana supplies a 12-month period starting on the employee's first day. An employer may extend a stated period, but the original period plus extensions cannot exceed 18 months; leave time is treated separately unless the employer affirmatively elects to include it. 2

  • Track written appeal procedures and discharge notices

    For an employer with written internal discharge-appeal procedures, the employee generally must exhaust them before filing. The employer must notify the discharged employee about the process within 14 days; if it does not, the employee need not comply with the exhaustion rule. The statute sets a one-year action period, subject to its tolling rules. 3

  • Check whether the Act applies to the employment relationship

    The Act excludes discharges subject to another state or federal statute with its own procedure or remedy, including discrimination statutes, and employees covered by a written collective-bargaining agreement or specific-term written employment contract. Do not treat every termination dispute as a WDEA claim. 4

Providers With Montana License Records

These providers publish a national listing for Employment practices liability; the license records below name the licensed entities and roles. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Montana. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • Coalition

    Insurance producer, Surplus-lines broker · checked 2026-09-28

    Coalition Insurance Solutions, Inc.

    Coalition’s license page lists producer and surplus-lines licenses for Coalition Insurance Solutions, Inc. in all 50 states and the District of Columbia. The page separately lists insurers; this record covers the brokerage entity only. 21

    Coalition offers employment practices liability through its executive-risks product for private and nonprofit US organizations.

  • Corgi

    Insurance producer · checked 2026-09-28

    Corgi Insurance Services, Inc.

    Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 22

    Corgi lists employment practices liability among its business-insurance offerings.

  • TechInsurance

    Insurance producer · checked 2026-09-28

    Specialty Program Group LLC

    TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. 25

    TechInsurance arranges employment practices liability insurance for small businesses.

  • Vouch

    Insurance producer, Surplus-lines broker · checked 2026-09-28

    Vouch Specialty Insurance Services, LLC

    Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 26

    Vouch lists employment practices liability within its insurance programs for technology companies.

Who Regulates Insurance in Montana?

Montana Commissioner of Securities and Insurance

The Commissioner of Securities and Insurance regulates Montana insurers and producers and acts as a consumer advocate. The office accepts written or online complaints about insurers and insurance professionals. 5,6,7

Website
Regulator website
License lookup
Search licensed producers
Complaints
File a complaint
Phone
800-332-6148

Surplus-Lines Tax and Stamping Office in Montana

Reported tax rate. 2.75% of total premium (0.75% for legal professional liability) + 2.50% fire tax on applicable fire premium + 0.175% SLIP+ transaction fee on total premium 8,9,11,12

Montana requires an eligible surplus-lines insurer and a statutory placement path when it is the insured’s home state. Before placement, the producing producer must advise you that the insurer is unauthorized in Montana and is not subject to the same supervision as an authorized insurer, and that if the surplus-lines insurer becomes insolvent, Montana’s property-and-casualty guaranty fund will not pay losses under the surplus-lines coverage. Confirm the applicable placement route and tax and fee bases with the producer.

  • Montana surplus-lines placement routes: When Montana is home state, §33-2-302 generally calls for an eligible insurer and evidence that the line or full amount is unavailable from authorized insurers (or, at renewal, has not become available). The evidence routes are a diligent search of at least three insurers actually writing that line in Montana (or the smaller actual market), the kind appearing on the current Approved Risk List, or natural-disaster multiperil coverage. The list names kinds and classes; it does not prove that a particular business or BOP qualifies. Section 302 separately waives search requirements for an authorized quote with a premium rate at least 10% above the eligible unauthorized quote, if commissioner-approved disclosure is provided; and for a qualifying exempt commercial purchaser (ECP), after disclosure that coverage may or may not be available from an authorized insurer that may provide greater protection with more regulatory oversight, followed by the purchaser’s later written request. Under §318, an ECP must employ or retain a qualified risk manager as defined in §319, have paid over $100,000 in nationwide commercial P&C premiums in the prior 12 months, and meet one additional §318(1)(c) criterion. Some financial thresholds adjust every five years. 11,12,10,14,17,18
  • Check the fire-tax allocation on a commercial package: Section 33-2-311 generally requires the surplus-lines producer to collect and pay the tax when Montana is home state, subject to §33-2-323. For a single-state risk with Montana as home state, §33-2-323(4) requires submission to the Commissioner, who collects the tax. Ask the producer which filing and payment route applies. CSI’s July 2026 guide lists code 1005, Commercial Package (Property & Casualty), with a 50% presumptively reasonable allocation and a 1.25% effective fire-tax rate. Treat this as an example: verify the code and allocation used for the policy; do not assume every BOP is classified as code 1005. CSI’s current schedule sets annual tax due dates (quarterly tax payments are accepted) and separate quarterly SLIP+ transaction-fee deadlines. 13,16,15,19

Questions to Ask Before You Buy Employment Practices Liability in Montana

  1. Does the policy's claim definition reach an employee's internal handbook appeal, or only a demand, administrative proceeding, or lawsuit?
  2. Who tracks Montana's 14-day notice to a discharged employee and the policy's separate notice deadline?
  3. How does the insurer treat termination allegations framed as a breach of a written personnel policy, and are defense costs inside the limit?

Employment Practices Liability Insurance in Montana: FAQ

What probation period applies if an employer did not set one in advance?

Montana supplies a 12-month probationary period beginning when work starts if the employer did not establish a specific period or provide that there is no probation before or at commencement. The statute permits extensions up to an 18-month total and has a rule for leaves of absence. 2

How long does someone have to bring a Montana WDEA action?

An action under the Act generally must be filed within one year after discharge. Written internal appeal procedures can affect exhaustion and tolling, and the employer has a 14-day notice duty if those procedures apply. 3

Employment Practices Liability Insurance Guides for Other States

Other coverage in MontanaEvery coverage guide for Montana, plus the regulator and surplus-lines details.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

Get Help With Insurance Buying and Renewals.

Get help buying coverage and managing renewals, with less paperwork for your team. Create your account and submit an insurance request online.

Talk to Spot