Mont. Code Ann. » TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION · CHAPTER 9. LIABILITY EXPOSURE AND INSURANCE COVERAGE · Part 1. Liability Exposure
Montana Code Annotated

Mont. Code Ann. § 2-9-104 (2026)

Repealed

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 2
  3. CHAPTER 9
  4. Part 1
  5. 2-9-104 Repealed

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 9. LIABILITY EXPOSURE AND INSURANCE COVERAGE

Part 1. Liability Exposure

Repealed

2-9-104. Repealed. Sec. 4, Ch. 675, L. 1983.

History: En. 82-4334 by Sec. 8, Ch. 189, L. 1977; R.C.M. 1947, 82-4334(1), (2); amd. Sec. 2, Ch. 425, L. 1979.

Notes of Decisions
Cited in 10 cases, 1980–2007 · leading case: White v. State, 661 P.2d 1272 (Mont. 1983).
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White v. State, 661 P.2d 1272 (Mont. 1983). · cites it 118× “The State of Montana appeals from a summary judgment entered by the District Court of the Eighth Judicial District, Cascade County, which found section 2-9-104, MCA, limitation on governmental liability for damages in tort, and section 2-9-105, MCA, providing for state immunity…”
MacKin v. State, 621 P.2d 477 (Mont. 1980). · cites it 158× “The trial court granted defendant's motion for partial summary judgment based upon section 2-9-104, MCA, dealing with sovereign immunity.”
Pfost v. State, 713 P.2d 495 (Mont. 1985). · cites it 26× “" In 1977, the legislature adopted § 2-9-104, MCA, which provided a limitation in government liability for damages and tort as follows: "2-9-104.”
Jacques v. Montana Nat'l Guard, 649 P.2d 1319 (Mont. 1982). · cites it 12× “Section 2-9-104, MCA, limiting state liability, became law after this accident but was in effect at time of trial.”
Meech v. Hillhaven West, Inc., 776 P.2d 488 (Mont. 1989). · cites it 8× “The legislature meanwhile had passed § 2-9-104, MCA, which provided that any governmental unit, including the State, was not liable for noneconomic damages, nor for any economic damages in excess of $300,000 for any one claimant.”
Seltzer v. Morton, 2007 MT 62 (Mont. 2007). · cites it 4× “On appeal, the defendants sought a reduction of the jury’s verdict pursuant to § 2-9-104, MCA, which provided limits on governmental liability in tort actions at the time the trial occurred.”
Dvorak v. Huntley Proj. Irrigation Dist., 639 P.2d 62 (Mont. 1981). · cites it 6× “The Irrigation District contends that because of sections 2-9-104 and 2-9-105, MCA, Maynard and Propp are not liable for the $40,000 exemplary award.”
Hall v. State Comp. Ins. Fund, 708 P.2d 234 (Mont. 1985). · cites it 10× “The challenged statute, § 2-9-104, MCA (1981), barred recovery of non-economic damages from the State and limited recovery of economic damages to $300,000 for each claimant and $1,000,000 for each occurrence.”
Francetich v. State Comp. Mut. Ins. Fund, 827 P.2d 1279 (Mont. 1992). · cites it 2× “In White, the issue before this Court was the constitutionality of § 2-9-104, MCA (1981), a statute which limited the liability of any governmental entity of the State.”
Noren v. Straw, 578 F. Supp. 1 (D. Mont. 1982). · cites it 3× “MCA § 2-9-104 (1981). Furthermore, any judgment entered against a county officer must be paid by the county and not by the official individually.”
— Mont. Code Ann. § 2-9-104(1) — 2 cases
White v. State, 661 P.2d 1272 (Mont. 1983). “The State of Montana appeals from a summary judgment entered by the District Court of the Eighth Judicial District, Cascade County, which found section 2-9-104, MCA, limitation on governmental liability for damages in tort, and section 2-9-105, MCA, providing for state immunity…”
MacKin v. State, 621 P.2d 477 (Mont. 1980). “The trial court granted defendant's motion for partial summary judgment based upon section 2-9-104, MCA, dealing with sovereign immunity.”
— Mont. Code Ann. § 2-9-104(1)(b) — 1 case
White v. State, 661 P.2d 1272 (Mont. 1983). “The State of Montana appeals from a summary judgment entered by the District Court of the Eighth Judicial District, Cascade County, which found section 2-9-104, MCA, limitation on governmental liability for damages in tort, and section 2-9-105, MCA, providing for state immunity…”
— Mont. Code Ann. § 2-9-104(2) — 2 cases
MacKin v. State, 621 P.2d 477 (Mont. 1980). “The trial court granted defendant's motion for partial summary judgment based upon section 2-9-104, MCA, dealing with sovereign immunity.”
White v. State, 661 P.2d 1272 (Mont. 1983). “The State of Montana appeals from a summary judgment entered by the District Court of the Eighth Judicial District, Cascade County, which found section 2-9-104, MCA, limitation on governmental liability for damages in tort, and section 2-9-105, MCA, providing for state immunity…”
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