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Montana medical malpractice insurance: match independent-practice rules and tail dates

Montana’s facility-liability statute links a defined ostensible-agent defense to a facility policy requiring independent professionals to carry insurance of a type and amount set by staff rules or bylaws; that insurance must remain effective through the applicable malpractice-action period. The legislature defines the medical-legal-panel provider class more narrowly as physicians, dentists, podiatrists and facilities, with named facility exclusions. Check the individual’s role, facility rules and claim dates before setting limits or tail. 1,2,3

What Is Medical Malpractice?

Medical malpractice insurance can pay defense costs and covered damages when a patient claims a clinician’s care caused harm. If you provide health care, match the quote to your practice, clinicians, specialties and procedures, then check who is insured. Read the national Medical malpractice guide.

Montana Requirements

RequirementDetails
Facility policy for independent professional servicesFor the defined ostensible-agency protection to apply, the facility must have a policy/practice requiring independent professionals to carry the type and amount set by medical-staff rules/bylaws or similar rules, and that insurance must remain effective through the period for bringing an action under §27-2-205. This facility-linked rule is not a single statewide limit for all professionals. 1,2

What to Watch for in Montana

  • Ask the facility for its actual limit requirement

    Montana law points to the medical-staff bylaws and facility rules for the type and amount of required insurance; it does not supply one statewide dollar amount in §28-10-103. Compare the written facility rule with the quote. 1

  • Plan continuity through the action period

    Section 28-10-103 requires the facility-linked insurance to remain effective through the period for bringing an action under §27-2-205. Confirm the policy preserves protection after a clinician leaves, including claims-made retroactive dates and any tail. 1,2

  • Check the incorporated provider class and relationship

    Section 28-10-103 incorporates the §27-6-103 medical-legal-panel provider definition: physicians, dentists, podiatrists and health care facilities, with specified facility exclusions. That list is narrower than every professional named in §27-2-205’s limitations provision. Facility-rule obligations concern independent professional services; check the actual role and affiliation. 1,3,2

  • Recheck the action period for future injury dates

    The official 2025 code shows a temporary version through September 30, 2026, then a version effective October 1, 2026. The future text expressly excepts §27-2-219 while retaining subsection (3)’s tolling for injuries described in §50-4-1405. Both versions generally use two years from injury or discovery, whichever is later, with a five-year outer limit, but the text also has nondisclosure tolling and a special rule for children injured under age four. Recheck dates and exceptions before estimating a tail horizon. 2

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. 4,5,6

Surplus-lines tax and stamping office

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 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. 7,8,10,11

  • 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. 10,11,9,13,16,17
  • 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. 12,15,14,18

Providers With Documented State Licenses

These providers publish a national listing for Medical malpractice; the state records document licenses for the entities and roles shown below. 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.

  • CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’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. 21
  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’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. 25

Questions to Ask Before You Buy in Montana

  1. What do the current facility rules/bylaws require by clinician class, limit and policy form?
  2. Does the policy insure the clinician and entity for independent services at this location and under this affiliation?
  3. What reporting, prior-acts or tail arrangement keeps insurance in effect for the applicable action period after practice ends?

Medical Malpractice in Montana: FAQ

What malpractice limit does Montana require for every clinician? 1

Section 28-10-103 does not state one statewide dollar figure for this facility-policy condition; it points to the medical-staff bylaws or similar facility rules for the type and amount. 1

Why does a Montana facility’s insurance rule affect tail planning? 1,2

The statute ties coverage for independent professional services to the period in which an action may be brought under §27-2-205. Compare the policy’s retroactive date and extended reporting terms with the facility’s written requirement. 1,2

Does this rule make every physician personally responsible for facility insurance? 1,3

The statute’s facility-linked provision addresses independent professional services and a defined ostensible-agent situation. The incorporated provider class is physicians, dentists, podiatrists and health care facilities; it is not a universal insurance duty for every health professional. Check the facility rule, role and affiliation. 1,3

Medical Malpractice in Other States

Other Coverage in Montana

Sources

  1. Montana Code Annotated 2025 §28-10-103. Montana Legislature; Subsections (2)–(3): ostensible-agent liability qualification, facility-required insurance amount/type, continuity through limitations period; amendments through 2025. Accessed 2026-09-28.
  2. Montana Code Annotated 2025 §27-2-205. Montana Legislature; Current temporary text and October 1, 2026 effective text: named professional/facility classes, two-year discovery/injury rule, five-year outer limit and specified exceptions. Accessed 2026-09-28.
  3. Montana Code Annotated 2025 §27-6-103. Montana Legislature; Subsections (2)–(5): health care facility definition/exclusions, provider class limited to physician/dentist/podiatrist/facility, and malpractice claim definition; official current 2025 text, accessed 2026-09-28. Accessed 2026-09-28.
  4. Insurance. Montana Commissioner of Securities and Insurance; Official insurance regulator page; describes CSI as regulator and consumer advocate. Accessed 2026-09-28.
  5. Producer, Adjuster & Consultant Licensing. Montana Commissioner of Securities and Insurance; CSI page links to the state’s SBS Licensee Lookup and Company Lookup. Accessed 2026-09-28.
  6. Insurance Complaints & Fraud. Montana Commissioner of Securities and Insurance; Official page accepts online or written complaints about companies, producers and others; consumer advocate lines 800-332-6148 / 406-444-2040. Accessed 2026-09-28.
  7. Surplus Lines. Montana Commissioner of Securities and Insurance; CSI page: from 2026, Montana-home-state transactions use SLIP+; 2025 and earlier use the legacy portal. States the 2.75% total-premium tax (0.75% for legal professional liability), 2.50% fire tax on applicable fire premium and 0.175% total-premium SLIP+ fee; links to current Approved Risk List and eligible-surplus-lines-company list. Accessed 2026-09-29.
  8. MCA §33-2-303: Filing and endorsement of contract -- submission form. Montana Legislature / Montana Code Annotated; MCA 2025, §33-2-303(2)(b)(i)-(ii): before placement the producer affirms notice that the insurer is unauthorized and not under the same supervision, and that Montana’s P&C guaranty fund will not pay surplus-lines losses. Accessed 2026-09-29.
  9. MCA §33-2-301: Short title -- purpose -- definitions. Montana Legislature / Montana Code Annotated 2025; §33-2-301(3)(c), (h), (n): defines Approved Risk List, eligible surplus-lines insurer and natural-disaster multiperil insurance; definition only, not operative placement test or list contents. Accessed 2026-09-29.
  10. MCA §33-2-302: Home state exclusive authority -- conditions precedent to sale of surplus lines insurance. Montana Legislature / Montana Code Annotated 2025; §33-2-302(1)-(2)(a)-(c): Montana home-state scope; eligible-insurer and unavailability conditions; diligent search (three actual Montana writers or smaller market), current list, natural-disaster multiperil; 10% price and ECP no-search routes with required disclosure and written request. Accessed 2026-09-29.
  11. MCA §33-2-307: Requirements for eligible surplus lines insurers -- list of eligible surplus lines insurers. Montana Legislature / Montana Code Annotated 2025; §33-2-307(1)-(4): eligibility conditions for US-domiciled and alien unauthorized insurers; commissioner publishes an eligible-insurer list at least semiannually. No carrier-specific conclusion drawn. Accessed 2026-09-29.
  12. MCA §33-2-311: Tax on surplus lines insurance. Montana Legislature / Montana Code Annotated 2025; §33-2-311(1)-(2): when Montana is the insured’s home state, surplus-lines producer collects tax from insured and pays Commissioner; when Montana is not home state, Commissioner generally may not collect Montana tax/stamping fee, subject to cited statutory arrangement. Accessed 2026-09-29.
  13. Approved Risk List. Montana Surplus Lines Agents’ Association (current list linked from CSI Surplus Lines page); PDF header p.1: updated 2024-01-16, reviewed 2026-06-18. p.1 GL includes Contractors; pp.1-2 include Property and Builders Risk in Protection Class 9 & 10. The list names kinds/classes, not a blanket BOP or carrier guarantee. Accessed 2026-09-29.
  14. Montana Surplus Lines Premium and Fire Tax Payment and Transaction Fee Schedule. Montana Commissioner of Securities and Insurance; February 2026 schedule p.1, lines 1-6: tax and fee rates/bases; lines 7-73: invoice and due-date schedule; lines 74-76: tax year 2025 and earlier legacy portal/OPTins. Accessed 2026-09-29.
  15. How Fire Tax is Calculated in Montana. Montana Commissioner of Securities and Insurance; July 2026 guide p.1, lines 1-4 and 10-15: 2.50% fire tax is allocated by coverage; code 1005 Commercial Package (Property & Casualty) has a 50% presumptively reasonable allocation and 1.25% effective rate. Example only; does not establish BOP classification. Accessed 2026-09-29.
  16. MCA §33-2-318: Exempt commercial purchaser defined. Montana Legislature / Montana Code Annotated 2025; §33-2-318(1)(a)-(c), (2): qualified risk manager, >$100,000 prior-12-month aggregate nationwide commercial P&C premium, and at least one criterion; financial thresholds in (c)(i),(ii),(iv) adjust every five years. Accessed 2026-09-29.
  17. MCA §33-2-319: Qualified risk manager defined. Montana Legislature / Montana Code Annotated 2025; §33-2-319(1)-(2): QRM role and alternative education, experience, designation or graduate-degree qualifications; ECP note cites the defined term without summarizing those alternatives. Accessed 2026-09-29.
  18. MCA 33-2-323: Authorization for agreements regarding multistate risks. Montana Legislature; 2025 MCA, subsections (1)–(5); subsection (4) single-state transaction submission and Commissioner tax collection; no assertion that a multistate agreement is in effect. Accessed 2026-09-29.
  19. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  20. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  21. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  22. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  23. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  24. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  25. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

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.

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