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Montana Supreme Court overturns $25,000 fine against insurance company, upholds violation

Montana Supreme Court

The Montana Supreme Court has overturned a $25,000 fine against a Montana insurance company, ruling state regulators failed to explain why they imposed the maximum penalty for violating state insurance laws.

Official response and confirmed impact

In a decision issued Tuesday, Nov.

The case stems from a 2021 lawsuit filed against Victory by Clear Spring Property and Casualty Co., which had purchased Victory's workers' compensation policies in 2019.

The companies reached a confidential settlement in April 2022.

Victory did not disclose the lawsuit in its 2021 annual financial statement, prompting the Montana Commissioner of Securities and Insurance to repeatedly direct the company to amend its filing.

Victory refused, arguing in part that regulators lacked the authority to require disclosure of the settlement because it occurred after the reporting period.

Incident under investigation

10, the court upheld a finding that Victory Insurance Co. violated the Montana Insurance Code by failing to disclose a federal lawsuit that could have threatened the company's financial stability.

Clear Spring sued Victory in federal court in Illinois, alleging violations of their management agreement and seeking more than $8 million in damages.

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