Revising claimants' ability to receive insurance information
Summary
SB 293 would create a pre-suit process allowing a person who expects to file a personal injury or wrongful death lawsuit to request, before litigation begins, a statement from the insurer of a potentially responsible party identifying whether liability insurance exists and what the policy limits are. The request must be signed by the claimant or counsel and include certifications that it is made for a legitimate claim evaluation purpose and not for harassment or delay.
The insurer would have 45 days to respond. The bill also provides that if the insurer does not respond, the claimant may later ask the court to impose sanctions in any subsequently filed case. At the same time, the bill states that the insurance information disclosed is not admissible at trial and that an insurance application is not treated as part of the insurance agreement for purposes of the disclosure requirement. The bill would take effect immediately upon passage and approval.
Impact
The bill would amend Montana law by adding a new pre-litigation disclosure procedure within Title 27, chapter 1, part 2, and it expressly ties the new section to the Insurance Information and Privacy Protection Act in Title 33, chapter 19. Its practical effect would be to require insurers to disclose liability coverage information and policy limits in certain personal injury and wrongful death matters before a lawsuit is filed, while limiting the evidentiary use of that information in later litigation. It would affect claimants, insurers, and potentially responsible parties by changing how early settlement evaluation and case investigation are handled.
Sentiment
The available voting history suggests the bill had at least some support in committee, with a 12-0 vote to table in the Senate Business, Labor and Economic Affairs Committee. However, the bill ultimately died in process, indicating it did not advance through the full legislative process. No committee transcript is available, so the record shows procedural support at one stage but no detailed public debate in the provided materials.
Contention
The main policy issue appears to be whether claimants should have a statutory right to learn liability coverage limits before filing suit, and whether insurers should face sanctions for failing to provide that information. Supporters would likely view the bill as improving transparency and helping parties evaluate claims and settle cases earlier, while opponents may have been concerned about added burdens on insurers, potential misuse of pre-suit requests, or broader litigation costs. The bill attempts to address abuse concerns by requiring a signed certification of good faith and by barring trial use of the disclosed insurance information.