Table of Contents TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION CHAPTER 9. LIABILITY EXPOSURE AND INSURANCE COVERAGE Part 1. Liability Exposure
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16 2-9-101 9 2-9-102 4 2-9-103 3 2-9-105 6 2-9-108 6 2-9-111 12 2-9-112 2-9-113 2-9-114

Mont. Code Ann. § 2-9-101

(2011)

Definitions

As used in parts 1 through 3 of this chapter, the following definitions apply:

(1) "Claim" means any claim against a governmental entity, for money damages only, that any person is legally entitled to recover as damages because of personal injury or property damage caused by a negligent or wrongful act or omission committed by any employee of the governmental entity while acting within the scope of employment, under circumstances where the governmental entity, if a private person, would be liable to the claimant for the damages under the laws of the state. For purposes of this section and the limit of liability contained in 2-9-108, all claims that arise or derive from personal injury to or death of a single person, or damage to property of a person, regardless of the number of persons or entities claiming damages, are considered one claim.

(2) (a) "Employee" means an officer, employee, or servant of a governmental entity, including elected or appointed officials, and persons acting on behalf of the governmental entity in any official capacity temporarily or permanently in the service of the governmental entity whether with or without compensation.

(b) The term does not mean a person or other legal entity while acting in the capacity of an independent contractor under contract to the governmental entity to which parts 1 through 3 apply in the event of a claim.

(3) "Governmental entity" means the state and political subdivisions.

(4) "Personal injury" means any injury resulting from libel, slander, malicious prosecution, or false arrest and any bodily injury, sickness, disease, or death sustained by any person and caused by an occurrence for which the state may be held liable.

(5) "Political subdivision" means any county, city, municipal corporation, school district, special improvement or taxing district, or other political subdivision or public corporation.

(6) "Property damage" means injury or destruction to tangible property, including loss of use of the property, caused by an occurrence for which the state may be held liable.

(7) "State" means the state of Montana or any office, department, agency, authority, commission, board, institution, hospital, college, university, or other instrumentality of the state.

Opinions construing this section

16 opinions
2026 MT 164 Jul 23, 2026 Reversed
Sara Da' v. City of Bozeman
Majority by Laurie McKinnon · 4 to 3
mployment, under circumstances where the governmental entity, if a private person, would be liable to the claimant for the damages under the laws of the state. Section 2-9-101, MCA. The PDD serves the important interest of preventing the court’s interference with the exercise and administration of governmental processes that benefit the
2024 MT 75 Apr 9, 2024 Reversed
Forward Montana v. State
Majority by Mike McGrath · 5 to 2
aning of the statute and the rest of Title 2, chapter 9, part 1, of the Montana Code. See § 2-9-111(5), MCA (specifically exempting some torts from immunity); § 2-9-101(1), MCA (defining “claim” to include suits for money damages for personal injury or property damage arising from “negligent or wrongful act[s] or omission[s]”)
2024 MT 55 Mar 19, 2024 Affirmed in part, reversed in part
S.W. v. State
Concurring by Beth Baker · 3 to 0 with 4 concurring
izen—meaning that State entities and their employees are no more and no less subject to liability than is anyone else in the same circumstances. “Section 34 2-9-101(1), MCA, defines ‘claim’ in the context of governmental tort liability as arising from an act or omission ‘under circumstances where the governmental entity, if
2021 MT 282N Nov 2, 2021 Affirmed
Darrow v. Msla Dem. Cen. Com
Majority by Beth Baker · 5 to 0
e course and scope of the person’s employment. Section 2-9-305(1)-(2), MCA. Elected officials are employees and thus protected under § 2-9-305, MCA. Section 2-9-101(2)(a), MCA. Section 2-9-305, MCA, does not provide immunity, defense, or indemnification when a judicial determination has been made 9 that: (1) the conduct of the em
2020 MT 83 Apr 7, 2020 Reversed
Turner v. City of Dillon
Majority by Jim Rice · 5 to 0
aims against a county that have been rejected by the county commissioners must be commenced within 6 months after the first rejection.” 5 subdivision.” Section 2-9-101(5), MCA. Finally, the parties concur that, for a claim against a political subdivision, the claimant must present and file a claim with the clerk or secretary of the p
Official Annotations archive.org, 2011 edition
History:
(1)En. Sec. 2, Ch. 380, L. 1973
Sec. 82-4302, R.C.M. 1947
(2)En. 82-4334 by Sec. 8, Ch. 189, L. 1977
Sec. 82-4334, R.C.M. 1947
R.C.M. 1947, 82-4302, 82-4334(3)
Amd. Sec. 3, Ch. 675, L. 1983
Amd. Sec. 1, Ch. 389, L. 1985
Amd. Secs. 1, 3, Ch. 22, Sp. L. June 1986
Amd. Sec. 54, Ch. 61, L. 2007 (SB 40 - Cocchiarella, Vicki (D) SD 47)
Source text on leg.mt.gov