Randall et al. v. Montana
The 2021 Montana Legislature passed House Bill 379—reversing a law that had been in place for nearly 40 years—to allow insurance providers to discriminate on the basis of sex and marital status in setting insurance rates. Now, not only can insurers across all insurance categories discriminate in setting rates, but harmed individuals can no longer seek recourse through the process set forth under the Montana Human Rights Act.
Legislators claimed the bill would be good for women, but the data does not support that claim. In reality, there is no reliable connection between sex and insurable risk, and allowing insurance companies to consider sex and marital status simply gives them one more tool to increase profits while also leading to unpredictable discrimination against Montana insurance consumers. Several individuals—small business owner Will Randall, state Senator Diane Sands, and nonprofit professional Kiah Abbey—and organizations challenge the constitutionality of HB 379 under Montana’s Equal Protection Clause and constitutional prohibition on special legislation.
Filings / Press
Shaylee Ragar, Lawsuit alleges discrimination in new insurance pricing law, Montana Public Radio (November 4, 2022)
Ashley Nerbovig, Montana law allowing marriage, sex to factor into insurance rates challenged, KTVH Helena (November 4, 2022)
Valley Journal, Challenge filed to state-sanctioned sex, marital status discrimination in insurance ratemaking, November 9, 2022