Pet insurance in Montana

In force since 1 October 2025

Montana’s pet insurance law is Mont. Code Ann. §§33-24-401 to 33-24-409, Part 4 of Chapter 24 of Title 33, the Montana Pet Insurance Act. It was enacted by HB 78 of the 69th Legislature, introduced at the request of the State Auditor; it is ch. 40, L. 2025. The Governor signed it on 3 April 2025, as the regulator itself states in an advisory memorandum of 14 January 2026. The act has no effective-date section of its own. In that case, under MCA 1-2-201, a statute takes effect on the first day of October after its passage. The Legislature’s official table of 2025 effective dates gives ch. 40 (HB 78) 10/01/2025, and the memorandum also says 1 October 2025.

The regulator is the Commissioner of Securities and Insurance (CSI), part of the Office of the State Auditor. Its legislative page says it proposed adopting the NAIC Pet Insurance Model Act.

Section 33-24-402 applies the law to policies issued to a Montana resident and sold or offered in the state, and to policies delivered or issued for delivery in the state. The rest of Title 33 still applies, but the act’s specific provisions prevail over general ones. Under §33-24-403(3)(f), pet insurance is property insurance. That matters, on our reading, for the cancellation and pricing rules below.

We found no CSI rule under §33-24-408. The CSI memorandum of 14 January 2026 clarifies two points. Insurers and producers may address or discuss wellness programs, including during a sale, for non-marketing reasons, such as answering questions or explaining how a wellness product differs from insurance, as long as they follow §33-24-406(2). Marketing a wellness program during the sale of pet insurance is still prohibited by §33-24-406(1)(b). And the 15-day return period is a minimum, so 30 days is also acceptable. The memorandum is the regulator’s interpretation and says it does not change the law. Violations are penalized under §§33-1-317, 33-1-318 and Chapter 18: a fine of up to $25,000 after a hearing under §33-1-317, and cease-and-desist orders and fines of up to $5,000 per violation under §33-1-318.

Waiting periods: none for accidents, up to 30 days for illness

Section 33-24-405(2) sets these rules:

An insurer that uses a waiting period must include a contract provision allowing it to be waived after a medical examination. The insurer may require a licensed veterinarian to perform the examination after purchase and may specify what it includes. Those specifications may not unreasonably restrict the waiver. The policyholder pays unless the policy says otherwise. Waiting periods and their requirements must be disclosed before purchase. No veterinary examination may be required for renewal — §33-24-405(3).

The law does not define “accident”.

The examination has a downside. If one is required to start coverage, the insurer must warn that its records may lead to a pre-existing-condition exclusion — §33-24-404(6).

Pre-existing conditions and renewal

A condition is pre-existing if, before the policy took effect or during a waiting period, a veterinarian gave medical advice about it, the pet was treated for it, or verifiable sources show signs or symptoms directly related to the condition claimed — §33-24-403(3)(g). No diagnosis is needed. There is no limit on how far back the insurer can look.

The insurer must prove that the exclusion applies — §33-24-405(1). A condition the policy covered cannot become pre-existing on renewal — §33-24-403(3)(g)(ii). Under §33-24-403(3)(h), a renewal is a new policy at the end of the period from the same or an affiliated insurer with substantially similar types and limits of coverage. Switching to another company does not carry the history over.

Montana’s law has no “no break” requirement. The ASPCA sample adds one: renewal protection applies so long as there was no break. An insurer that uses the act’s terms must use the statutory definitions and include them in the policy — §33-24-403(1). The law does not limit the types of exclusions — §33-24-403(2).

A separate disclosure document and 15 days to return the policy

Before the sale, the insurer discloses exclusions for pre-existing, hereditary, congenital and chronic conditions, and any waiting period, deductible, coinsurance and limits. It also says whether it reduces coverage or raises premiums based on claims, age or a move, and whether the underwriter differs from the brand — §33-24-404(1). The policy describes the payment formula, any benefit schedule, and the basis for usual and customary fees if payments are limited by them — §33-24-404(3)–(5).

A summary of these provisions goes in a separate Insurer Disclosure of Important Policy Provisions document. A copy in at least 12-point type comes with a new policy — §33-24-404(8)–(9). At issue, the insurer also includes the commissioner’s and its own contact details in 12-point bold — §33-24-404(10). The Montana text does not require the document to be posted on the insurer’s website.

The return right — §33-24-404(2):

1. You may return the policy within 15 days after receiving it, without giving a reason, if no claim has been filed.
2. The insurer refunds the full premium within 30 days after it receives the returned policy, to whoever paid it. The policy is void as if never issued.

A notice with instructions for returning the policy is printed on or attached to its first page. CSI treats 15 days as a minimum.

Wellness programs may not be marketed as insurance, and buying one may not be a condition of buying insurance — §33-24-406. “Wellness” benefits inside the policy itself are insurance. A producer may sell pet insurance only after two hours of training, repeated every 24 months (§33-24-407).

Cancellation, non-renewal and mid-term price changes

Part 11 of Chapter 15 applies to the kinds of insurance defined in §33-1-206 (casualty) and §33-1-210 (property). The pet insurance act calls pet insurance property insurance, and §33-24-402(3) keeps the rest of Title 33 in force. On our reading, Part 11 applies to pet policies. The Healthy Paws and ASPCA Montana endorsements repeat its wording almost verbatim. We found no CSI statement on the point.

What Part 11 provides:

Part 11 lets policies give the owner more than it requires and does not displace the owner’s other rights — §33-15-1101(3).

Rates are filed no later than the day they take effect

The rate law (Chapter 16) covers every kind of insurance except those listed: life, disability, reinsurance, aviation, ocean marine and surplus lines. Inland marine is not excluded. So whether a program counts as inland marine makes no difference to rate filing in Montana. The code lists live animal floaters among the risks that inland marine policies may cover (§33-1-227(13)).

Under §33-16-203, every insurer files all its rates with supporting data. The section sets no deadline. The CSI guide of September 2024 calls the system FILE AND USE: the filing is made on or before the effective date. There is no prior approval of property and casualty rates, apart from some workers’ compensation plans, as a CSI summary also says, and no filing fee.

The regulator’s powers are limited:

• §33-16-101(2): the law gives the commissioner no power to fix a rate level.
• §33-16-201(1)(b): a rate may be held excessive only if it is unreasonably high and a reasonable degree of competition does not exist for that classification.
• §33-16-211: an order prohibiting a rate after a hearing applies to contracts made after the date it sets.

One provision is useful to owners. Under §33-16-204, a person aggrieved by a rate may ask the insurer in writing to review how it was applied. If the request is not granted within 30 days, it may be treated as rejected, and the person may complain to the commissioner.

The CSI guide lists what the regulator does not accept. Premiums may not be fully earned up front (§33-18-212). Mid-term increases are allowed only as provided in §33-15-1108. Service, installment and similar fees are premium (§33-15-102(2)). A filing must give the overall change, the maximum and minimum changes and the number of policyholders affected, and show how many insureds fall into each range of price change. We did not open any individual pet filing.

Forms are filed separately, under §33-1-501: at least 60 days before delivery, for the commissioner’s approval. Without a decision within 60 days, a form is deemed approved; the regulator’s questions stop the clock. At least 10 days before marketing, the insurer must tell the commissioner in a separate letter that it considers the form approved. The commissioner disapproves a form that violates the law or contains ambiguous or misleading clauses (§33-1-502). Under §33-1-501(9), the section does not apply to reinsurance, ocean marine and foreign trade insurance, or policies not issued for delivery or delivered in Montana. Inland marine is not excluded. We found no CSI order exempting pet forms.

Who can get filings

The CSI rates page names three routes: SERFF Filing Access at no charge, viewing at the office at 840 Helena Ave., Helena, during business hours, and a public records request. We did not open SERFF ourselves. Chapter 16 has no specific provision on public access to rate filings.

The right of access comes from Article II, §9 of the Montana Constitution: No person shall be deprived of the right to examine documents. Under MCA 2-6-1003, every person may examine and copy public information. The text has no residency limit.

Deadlines and fees — MCA 2-6-1006:

On its records request page, CSI states its own fees: $0.25 a page and staff time at the employee’s actual hourly cost. The page does not mention the statutory $25-an-hour cap. It also gives statistics: 72 requests in 2026 and an average response time of 24 days (as of 10/09/2026). A denial must be explained in writing; a denial or a missed deadline can be challenged in court (MCA 2-6-1009).

Trade secrets are protected. The CSI affidavit form says anything an insurer files is presumptively available for public scrutiny, and the insurer must prove, with more than conclusory statements, that information is a trade secret under MCA 30-14-402(4). CSI also lists among its exceptions communications with NAIC that NAIC treats as confidential.

Claims: general rules

MCA 33-18-201 prohibits insurers, as a general business practice, from misrepresenting policy terms, refusing claims without a reasonable investigation, failing to affirm or deny coverage within a reasonable time after proof of loss, and failing to explain a denial, among other things. It sets no deadlines in days.

What sets Montana apart is MCA 33-18-242. An insured may sue the insurer for actual damages caused by a violation of items (1), (4), (5), (6), (9) or (13). There is no need to prove a general business practice. The deadline is 2 years from the violation. The insurer is not liable if it had a reasonable basis for contesting the claim.

MCA 33-18-232 requires a claim to be paid or denied within 30 days after proof of loss, or 60 if the insurer asked for documents; otherwise 10% annual interest is owed. But the definitions in §33-18-231 refer to insurers that promise to pay medical benefits. Whether this applies to pet policies has not been established.

Two more general provisions affect contract terms:

• MCA 28-2-708: a contract term that limits the time within which a party may enforce its rights in court is void. On our reading, this reaches the deadlines for lawsuits in pet policies. We did not check case law.
• MCA 27-5-114(2)(c): Montana’s arbitration act does not make an advance agreement to arbitrate disputes over insurance policies enforceable. Pets Best’s Montana endorsement deletes its arbitration clause.

Montana sample policies

On 11 November 2026 we checked the documents of nine brands and MetLife’s state page. We did not open Trupanion: its site earlier answered our requests with HTTP 403. We did not check Lemonade, Odie or accident-only policies. A sample does not prove that such a policy is issued today or that new enrollment is open.

Healthy Paws. The amendment keeps accident-related conditions free of any waiting period. It sets 15 days for illness and for orthopedic conditions other than hip dysplasia, and 30 days for hip dysplasia; a complete clinical examination waives them. The amendment does not change item II.5.b of the general form: if the pet was enrolled at 6 years or older, illness related to hip dysplasia is not covered at all. Veterinary examination fees are excluded. The required enrollment examination becomes a recommendation. The amendment rewrites cancellation along the lines of §33-15-1103 and adds 45 days’ notice of non-renewal and of less favorable renewal terms. A claim dispute goes to the insurer’s veterinarian, then to an independent veterinarian the insurer appoints; the amount is set by a decision agreed to by any two of the parties. A lawsuit must be brought within one year after the loss unless state law requires a longer period: the amendment leaves that clause alone.

Pets Best. In the middle of the booklet, the general form still states a 3-day waiting period for injuries, 6 months for cruciate ligaments and a 30-day trial period. The MLAE-MT endorsement at the end sets 14 days for illness, 0 for injuries and 30 for cruciate ligaments, and deletes the trial period. The right to return the policy within 15 days of receipt is given in a separate notice at the front of the booklet. The AE-MT endorsement deletes the arbitration clause. Claims must be submitted within 180 days. The independent veterinarian’s decision binds only the insurer, and disputes about exclusions, timing and wording are not referred to one. Read the policy together with the endorsements.

ASPCA. A 14-day waiting period for illness, orthopedic illness included. The examination to waive it must take place between 3 days before and 7 days after the policy starts, and the form must arrive within 30 days of the examination. Claims must be submitted within 270 days. Non-renewal notice: 45 days. The Montana endorsement rewrites cancellation along the lines of §33-15-1103: 10 days’ notice in the first 60 days or for non-payment, later 30 days’ notice for listed reasons.

Figo. 14 days for illness and 30 days for orthopedic illness, none for injuries. The examination must take place within 7 days of the start date, and the veterinarian’s form must arrive within 7 days of the policy effective date; the insurer gives its decision within 30 days. The notice on the policy’s first page repeats the statute: 15 days from receipt. Notice of renewal changes: 45 days; non-renewal notice with a reason: 60 days. Claims must be submitted within 180 days; payment is due within 30 days after all documents arrive.

The market

NAIC 2025 Market Share Report, section 09.2 Pet Insurance, page 250: Montana pet premium written was $10.936 million and premium earned $10.417 million. That is 0.20% of the total for US states and territories. The loss ratio was 58.93%, against 68.10% for states and territories in the same report (68.07% including Canada and aggregate other alien). NAIC notes that these loss ratios are calendar-year results, not measures of profitability. Groups are not brands.

The three largest groups hold 64.79% of the market. As far as we found, CSI does not publish its own pet market data.

Traps

• 15 days counted from the start date, not from receipt. The law gives 15 days from receipt of the policy. The Healthy Paws Montana amendment counts 15 days from the policy effective date, although the general form gave 30. The attached notice repeats the statutory wording but says the policy prevails in a conflict; the amendment, for its part, says provisions that conflict with Montana law are amended to conform. The ASPCA sample refunds within 30 days of the first effective date and only if nothing has been applied to the deductible or reimbursed; it has no notice of the 15 days from receipt. Note the date you received the policy. See policy papers that contradict state law and refund lost after an early claim.
• A disclosure that omits the return right. The Spot and Pumpkin Montana disclosures do not mention it. ASPCA’s state documents page links no Montana disclosure. Section 33-24-404(8) requires a summary of every provision required by subsections (1)–(7), and subsection (2) is the return right. But the law requires the document to come with the policy, not to be posted online. We have not seen an issued set from any of the three brands; it may include a disclosure or a separate return notice.
• Nationwide: a waiting period for accidents too. For Montana, Nationwide’s forms page lists the general form VS-G-15 (9-24): All coverages … will be available after a 14-day waiting period, counted from underwriting approval and the processing of payment. Its pre-existing definition is not the statutory one, it has no waiver after an examination, and lawsuits must be brought within a year. The disclosure IDIP-MPI-MT (2-22) predates the law and describes the same waiting period. On our reading, this is at odds with §33-24-405(2)(a). Whether policies issued in Montana today carry this wording, we do not know.
• Fetch: a waiting period for injuries “from normal activity”. For 15 days Fetch does not cover any injury resulting from normal activity, except an accident. The law prohibits waiting periods for accidents but does not define them. For “curable” conditions noticed in the 12 months before the start, during the waiting period or at the first exam, Fetch applies a 12-month exclusion, and a lifetime one if the condition recurs.
• Embrace: 180 days for four orthopedic conditions. Under V6, cruciate ligament disease, intervertebral disc disease, patellar luxation and hip dysplasia in dogs that appear in the first 180 days are excluded for the life of the policy. The law limits orthopedic waiting periods to 30 days, but it does not limit the types of exclusions either. Without an examination in the 12 months before the start or within 14 days after, the policy becomes accident-only cover. V6 gives 30 days’ notice of non-renewal; §33-15-1105, which on our reading applies to pet policies, requires 45. Whether the set issued in Montana includes an amendment has not been established. See lifetime orthopedic and spine exclusions.
• The price rises after claims. The Figo and Pumpkin disclosures say premiums may change because of claims history. Fetch says premiums may be increased and coverage reduced because of it. Nationwide’s 2022 disclosure says the renewal premium may reflect the number and amount of claims paid over 18 months. The law requires only that this be disclosed; it does not prohibit it. Healthy Paws, Pets Best and Spot say they do not change the price because of your own pet’s claims. See claim-based premiums.
• The price changes mid-term. Pets Best: Your premium may change if your address changes; the policy does not say the change waits until renewal. Figo changes the premium during the term for a change of address, of the pet’s details or other Policy parameters. Healthy Paws may change the monthly premium for all policyholders on 45 days’ notice and protects only a prepaid period from increases. Section 33-15-1108 prohibits raising the rate during the contract period, and a move is not among its exceptions. On our reading, such clauses are open to challenge. We found no CSI position.
• A break or a change wipes out the protection. ASPCA protects a condition on renewal only so long as there was no break, and may treat a policy change as a new enrollment. Pets Best requires cancelling the policy and taking a new one to raise the limit or add a benefit. With Figo and Embrace, a coverage increase restarts the waiting period. For a new policy, the whole history becomes pre-existing. See change the plan and start over.
• A narrow window to waive the waiting period. With ASPCA, Spot and Pumpkin, the examination must fall between 3 days before the start and 7 days after. Figo allows 7 days for the examination and 7 for the form, followed by the insurer’s decision. Pets Best waives the wait at our discretion or if the examination meets our review criteria. Embrace covers illness during the waiting period only if the veterinary record specifically says the pet has no hereditary, congenital or orthopedic conditions. The law forbids specifications that unreasonably restrict the waiver. Pets Best and Figo warn that anything found at the examination may become pre-existing.
• Lawsuit deadlines and arbitration in the contract. Healthy Paws allows one year after the loss, Nationwide one year after the first treatment, ASPCA 24 months after the claim settlement date. Under MCA 28-2-708, a term that limits the time to go to court is void; on our reading, these deadlines do not bind the owner. Claim filing deadlines are a different matter: Fetch 90 days, Pets Best and Figo 180, ASPCA 270. See claim deadlines and suit limits.
• The order of the calculation changes the payout. For a $1,200 bill, a $100 deductible and 90%, Healthy Paws pays $980: percentage first, then deductible. Pets Best calculates the same way. ASPCA, Spot, Pumpkin and Embrace subtract the deductible first: $990 by our arithmetic. With Figo the order depends on the plan. See smaller payouts.
• Broader than the law. Healthy Paws excludes abnormalities with symptoms before the policy started, including conditions detectable by a routine physical exam. ASPCA treats a condition as occurring when its signs would have been detectable by a routine physical veterinary exam. Figo excludes allergies if earlier signs were consistent with an allergy, and cancer of the same type diagnosed at any time before the start or before the waiting period ended. The law’s definition of a pre-existing condition is narrower: advice, treatment, or signs directly related to the condition. But it does not limit the types of exclusions. See anything a vet “would have” found.
• The insurer’s vet decides the dispute. Healthy Paws sends a dispute to its own veterinarian and then to an independent one the insurer appoints. At Pets Best the decision binds only the insurer, but disputes about exclusions, timing and wording are not reviewed. See disputes decided by a vet the insurer picks.
• “Non-refundable” fees. ASPCA charges an enrollment fee and a non-refundable installment fee; Figo, a non-refundable installment fee. Under §33-15-102(2), any fee charged for insurance is part of the premium, and a return within 15 days entitles the owner to the full premium. On our reading, the fees should come back too.
• “Typical” charges. Figo reserves the right to dispute charges above those typical in your area. If payments are limited by usual and customary fees, §33-24-404(5) requires the policy to describe the basis and how it is applied. We did not find it in Figo’s Montana policy.
• The wrong regulator phone number. Pumpkin’s Montana disclosure gives CSI’s number as 1-800-322-6148. CSI’s letterhead and other brands’ documents give 800-332-6148.
• Rates get little advance review. Rates are filed no later than the day they take effect, without approval, and the commissioner has no power to fix a rate level. If an increase looks wrong, ask the insurer in writing to review how the rate was applied to your policy under §33-16-204; if the request is not granted within 30 days, you may complain to the commissioner.