Pearson v. MIGA [01/09/12] 2012 MTWCC 1 The Montana Insurance Guaranty Association is not an “insurer” as defined in § 39-71-116, MCA, and within the meaning of the WCA, which provides that attorney fees and penalties can only be awarded in cases involving insurers.  Since it is not an insurer, MIGA is not subject to the penalty and attorney fee statutes of the WCA.