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Long-Term Disability & ERISA Laws in Montana.

Most private long-term disability (LTD) insurance is employer-sponsored and governed by ERISA, which preempts state contract and bad-faith claims. ERISA claims must exhaust internal appeals and are reviewed under a deferential standard if the plan grants discretion. Individual (non-ERISA) policies are governed by Montana contract law and may support UTPA claims under Mont. Code Ann. § 33-18-242.

Last verified: 2026-04-17

State law

Key Montana Statutes

ERISA Preemption29 U.S.C. § 1144; Aetna Health Inc. v. Davila, 542 U.S. 200 (2004)

ERISA preempts state-law breach of contract and bad-faith claims for employer-sponsored LTD plans.

Individual Policy UTPA RemedyMont. Code Ann. § 33-18-242

For non-ERISA individual LTD policies, Montana's UTPA provides statutory cause of action with attorney fees for specified unfair settlement practices.

Standard of Review (ERISA)Firestone v. Bruch, 489 U.S. 101 (1989)

De novo unless the plan grants discretion; then abuse-of-discretion applies.

State law

Official Sources

U.S. Department of Labor — EBSAMontana Commissioner of Securities and Insurance

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Montana.

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