For better premiums or worse

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Being unwed in Montana may now come with a small financial penalty — at least when it comes to insurance premiums.

A district court judge has upheld a 2021 state law allowing insurers to consider marital status when setting rates, rejecting claims that the practice violates the Montana Constitution, according to the Daily Montanan.

The judge ruled that H.B. 379, which overturned 1985 law barring insurers from using marital status in rate calculations, is constitutional. A group of plaintiffs had argued that the law discriminates against single people and improperly favors insurers.


In his decision, the judge said the state constitution protects certain classes, including race, sex and religion, but marital status is not among them. “Simply because a statute discriminates on the basis of marital status does not mean the statute is irrational,” he wrote.

Supporters of the law argued the distinction reflects actuarial data. Testimony in the case indicated that married drivers tend to file fewer insurance claims than single drivers. An insurance company executive testified that insurers in 42 states and the District of Columbia already offer discounts to married couples.

One plaintiff said he paid about 6.2% more in premiums because he was single.