Montana Code Annotated

Mont. Code Ann. § 2-9-101 (2026)

Definitions

✓ current as of May 2026

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TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 9. LIABILITY EXPOSURE AND INSURANCE COVERAGE

Part 1. Liability Exposure

Definitions

2-9-101. 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, other political subdivision or public corporation, or any entity created by agreement between two or more political subdivisions.

(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.

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; amd. Sec. 2, Ch. 262, L. 2015.

Notes of Decisions

Cited in 67 cases (22 in the last 5 years), 1979–2025 · leading case: Denke v. Shoemaker, 2008 MT 418 (Mont. 2008).

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Denke v. Shoemaker, 2008 MT 418 (Mont. 2008). · cites it 13× “2d at 745 (citing § 2-9-101, MCA). Extending this holding to the case at hand, Denke asserts that elected city officials are employees of the city.”

Small v. McRae, 651 P.2d 982 (Mont. 1982). · cites it 11× “Section 2-9-101 (l)(d), MCA, addresses governmental immunity, and states in the definitional section: “ ‘Personal injury’ means any injury resulting from libel, slander, malicious prosecution, or false arrest, any bodily injury, sickness, disease, or death sustained by any…”

Griffith v. Butte Sch. Dist. No. 1, 2010 MT 246 (Mont. 2010). · cites it 8× “Section 2-9-101(2)(a), MCA. The constitutional violation occurred when Uggetti and Metz precluded Griffith from delivering her chosen remarks at the graduation ceremony.”

Kent v. City of Columbia Falls, 2015 MT 139 (Mont. 2015). · cites it 12× “In our zeal to protect governments from negligence 28 liability, we have expanded the doctrine well beyond its intended limitations, and in so doing have ignored not only Article II, section 18, but also the clear language of §§ 2-9-101 and - 102, MCA, which hold every…”

Gonzales v. City of Bozeman, 2009 MT 277 (Mont. 2009). · cites it 10× “" Section 2-9-101(1), MCA. While the Legislature has provided for certain exceptions under which immunity is retained, see generally Title 2, chapter 9, part 1, MCA, the public duty doctrine is not one of the exceptions.”

Trankel v. State, Dept. of Military Affairs, 938 P.2d 614 (Mont. 1997). · cites it 11× “Trankel was not employed by the Army National Guard of the State of Montana or the Department of Military Affairs for the State of Montana at the time complained of, his claim against the State of Montana, pursuant *363 to the State Tort Claims Act found at §§ 2-9-101 to -805,…”

Graziano v. Stock Farm Homeowners Ass'n, 2011 MT 194 (Mont. 2011). · cites it 10× “There is no statutory definition of "personal injury" under Title 27, MCA, however, § 2-9-101, MCA, provides some guidance here.”

Delaney & Co. v. City of Bozeman, 2009 MT 441 (Mont. 2009). · cites it 44× “I would not follow the Court's attempt to make sense of the language contained in § 2-9-108, MCA, and the statute's accompanying tortuous efforts to define "claim," "personal injury," and "property damage" contained in § 2-9-101, MCA. ¶ 47 I would hold instead that the City of…”

Crowell v. Sch. Dist. No. 7, 805 P.2d 522 (Mont. 1991). · cites it 10× “Part 1Liability Exposure Section 2-9-101, contains a definition of "claim" which has remained essentially unchanged since enactment in 1959.”

Wentz v. Montana Power Co., 928 P.2d 237 (Mont. 1996). · cites it 10× “Counties are specifically included within the definition of a "political subdivision" by section 2-9-101(5), MCA. *241 In suits brought by private entities against counties, the new venue statute, section 2-9-312(2), MCA, supersedes the venue provision contained in section…”

Montana Vending, Inc. v. Coca-Cola Bottling Co., 2003 MT 282 (Mont. 2003). · cites it 4× “Because school districts are, by definition, a governmental entity, as defined in § 2-9-101(3) and (5), MCA, we *10 examine the plain language of MUTPA for legislative intent to include the government within the meaning of “person.”

Koppen v. Bd. of Med. Examiners, 759 P.2d 173 (Mont. 1988). · cites it 6× “Section 2-9-101(2), MCA. When such government officials or employees are acting within the course and scope of their duties, they may require the state to defend a noncriminal action against them, may require indemnification for any money judgment or legal expenses, including…”

Show all 67 citing cases →

— Mont. Code Ann. § 2-9-101(1) — 12 cases

Gonzales v. City of Bozeman, 2009 MT 277 (Mont. 2009). “" Section 2-9-101(1), MCA. While the Legislature has provided for certain exceptions under which immunity is retained, see generally Title 2, chapter 9, part 1, MCA, the public duty doctrine is not one of the exceptions.”

Kent v. City of Columbia Falls, 2015 MT 139 (Mont. 2015). “In our zeal to protect governments from negligence 28 liability, we have expanded the doctrine well beyond its intended limitations, and in so doing have ignored not only Article II, section 18, but also the clear language of §§ 2-9-101 and - 102, MCA, which hold every…”

Gatlin-Johnson Ex Rel. Gatlin-Johnson v. City of Miles City, 2012 MT 302 (Mont. 2012).

Delaney & Co. v. City of Bozeman, 2009 MT 441 (Mont. 2009). “I would not follow the Court's attempt to make sense of the language contained in § 2-9-108, MCA, and the statute's accompanying tortuous efforts to define "claim," "personal injury," and "property damage" contained in § 2-9-101, MCA. ¶ 47 I would hold instead that the City of…”

Crowell v. Sch. Dist. No. 7, 805 P.2d 522 (Mont. 1991). “Part 1Liability Exposure Section 2-9-101, contains a definition of "claim" which has remained essentially unchanged since enactment in 1959.”

— Mont. Code Ann. § 2-9-101(1)(d) — 1 case

Small v. McRae, 651 P.2d 982 (Mont. 1982). “Section 2-9-101 (l)(d), MCA, addresses governmental immunity, and states in the definitional section: “ ‘Personal injury’ means any injury resulting from libel, slander, malicious prosecution, or false arrest, any bodily injury, sickness, disease, or death sustained by any…”

— Mont. Code Ann. § 2-9-101(2) — 5 cases

Denke v. Shoemaker, 2008 MT 418 (Mont. 2008). “2d at 745 (citing § 2-9-101, MCA). Extending this holding to the case at hand, Denke asserts that elected city officials are employees of the city.”

Koppen v. Bd. of Med. Examiners, 759 P.2d 173 (Mont. 1988). “Section 2-9-101(2), MCA. When such government officials or employees are acting within the course and scope of their duties, they may require the state to defend a noncriminal action against them, may require indemnification for any money judgment or legal expenses, including…”

Kyriss v. State, 707 P.2d 5 (Mont. 1985).

Oster v. Valley Cnty., 2006 MT 180 (Mont. 2006).

MacKin v. State, 621 P.2d 477 (Mont. 1980).

— Mont. Code Ann. § 2-9-101(2)(a) — 2 cases

Griffith v. Butte Sch. Dist. No. 1, 2010 MT 246 (Mont. 2010). “Section 2-9-101(2)(a), MCA. The constitutional violation occurred when Uggetti and Metz precluded Griffith from delivering her chosen remarks at the graduation ceremony.”

Darrow v. Msla Dem. Cen. Com., 2021 MT 282N (Mont. 2021).

— Mont. Code Ann. § 2-9-101(3) — 7 cases

Trankel v. State, Dept. of Military Affairs, 938 P.2d 614 (Mont. 1997). “Trankel was not employed by the Army National Guard of the State of Montana or the Department of Military Affairs for the State of Montana at the time complained of, his claim against the State of Montana, pursuant *363 to the State Tort Claims Act found at §§ 2-9-101 to -805,…”

Stansbury v. Lin, 848 P.2d 509 (Mont. 1993).

Montana Vending, Inc. v. Coca-Cola Bottling Co., 2003 MT 282 (Mont. 2003). “Because school districts are, by definition, a governmental entity, as defined in § 2-9-101(3) and (5), MCA, we *10 examine the plain language of MUTPA for legislative intent to include the government within the meaning of “person.”

Grove v. Montana Army Nat'l Guard, 872 P.2d 791 (Mont. 1994).

— Mont. Code Ann. § 2-9-101(5) — 13 cases

Wentz v. Montana Power Co., 928 P.2d 237 (Mont. 1996). “Counties are specifically included within the definition of a "political subdivision" by section 2-9-101(5), MCA. *241 In suits brought by private entities against counties, the new venue statute, section 2-9-312(2), MCA, supersedes the venue provision contained in section…”

Gabriel v. Sch. Dist. No. 4, Libby, 870 P.2d 1351 (Mont. 1994).

Turner v. City of Dillon, 2020 MT 83 (Mont. 2020).

Est. of Woody Ex Rel. Woody v. Big Horn Cnty., 2016 MT 180 (Mont. 2016).

— Mont. Code Ann. § 2-9-101(6) — 1 case

— Mont. Code Ann. § 2-9-101(7) — 4 cases

Montana Power Co. v. Montana Dep't of Pub. Serv. Reg., 709 P.2d 995 (Mont. 1985).

Minervino v. Univ. of Montana, 853 P.2d 1242 (Mont. 1993).

Black v. Goodman, 736 F. Supp. 1042 (D. Mont. 1990).

— Mont. Code Ann. § 2-9-101(a) — 1 case

— Mont. Code Ann. § 2-9-101(l) — 1 case

Hutchinson v. Moran, 673 P.2d 818 (Mont. 1983).

— Mont. Code Ann. § 2-9-101(l)(e) — 1 case

Hutchinson v. Moran, 673 P.2d 818 (Mont. 1983).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.