Mont. Code Ann. » TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION · CHAPTER 9. LIABILITY EXPOSURE AND INSURANCE COVERAGE · Part 2. Comprehensive State Insurance Plan
Montana Code Annotated

Mont. Code Ann. § 2-9-201 (2026)

Comprehensive Insurance Plan For State

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 2
  3. CHAPTER 9
  4. Part 2
  5. 2-9-201 Comprehensive insurance plan for state

TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 9. LIABILITY EXPOSURE AND INSURANCE COVERAGE

Part 2. Comprehensive State Insurance Plan

Comprehensive Insurance Plan For State

2-9-201. Comprehensive insurance plan for state. (1) The department of administration is responsible for the acquisition and administration of all the insurance purchased for protection of the state, as defined in 2-9-101.

(2) The department of administration shall, after consultation with the departments, agencies, commissions, and other instrumentalities of the state, provide a comprehensive insurance plan for the state providing insurance coverage to the state in amounts determined and set by the department of administration and may purchase, renew, cancel, and modify all policies according to the comprehensive insurance plan. The plan may include property, casualty, liability, crime, fidelity, and any such other policies of insurance as the department of administration may from time to time deem reasonable and prudent.

(3) The department of administration may in its discretion elect to utilize a deductible insurance plan, either wholly or in part.

(4) Only the department of administration may procure insurance under parts 1 through 3 of this chapter except as otherwise provided herein.

(5) All offices, departments, agencies, authorities, commissions, boards, institutions, hospitals, colleges, universities, and other instrumentalities of the state hereafter called state participants shall comply with parts 1 through 3 and the insurance plan developed by the department of administration.

History: (1) thru (3)En. Sec. 3, Ch. 380, L. 1973; amd. Sec. 1, Ch. 143, L. 1974; amd. Sec. 1, Ch. 360, L. 1977; Sec. 82-4303, R.C.M. 1947; (4), (5)En. Sec. 4, Ch. 380, L. 1973; Sec. 82-4304, R.C.M. 1947; R.C.M. 1947, 82-4303, 82-4304.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1980–2021 · leading case: Crowell v. Sch. Dist. No. 7, 805 P.2d 522 (Mont. 1991).
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Crowell v. Sch. Dist. No. 7, 805 P.2d 522 (Mont. 1991). · cites it 3× “Part 2—Comprehensive Insurance Plan Section 2-9-201 and 202 in substance provide that the Department of Administration is to provide a comprehensive insurance plan for the State.”
MacKin v. State, 621 P.2d 477 (Mont. 1980). · cites it 4× “The plaintiff raises issues on appeal that section 2-9-104, MCA, is unconstitutional, that it is an invalid attempt to reinstate immunity, and that the State, by the adoption of section 2-9-201 et seq., MCA, providing for self insurance, is precluded from raising the defense of…”
Nat'l Indem. v. State, 2021 MT 300 (Mont. 2021). · cites it 2× “A “self-insured retention does not constitute ‘other insurance’ for the purposes of allocating responsibility under ‘other insurance’ clauses.”
Hedges v. Swan Lake & Salmon Prairie Sch. Dist. No. 73, 812 P.2d 334 (Mont. 1991). · cites it 2× “Field, who is not immunized from suit, pursuant to § 2-9-201, et seq., MCA, the Comprehensive State Insurance Plan, which requires joinder of the School District and renders it liable to defend and indemnify Ms.”
Allum v. State of Montana (D. Mont. 2020). · cites it 3× “; see Mont. Code Ann. § 2-9-201 (1) (requiring the Department of Administration to acquire insurance for protection of the state); Mont.”
Mont. Code Ann. § 2-9-201(2): 1 case
Nat'l Indem. v. State, 2021 MT 300 (Mont. 2021). “A “self-insured retention does not constitute ‘other insurance’ for the purposes of allocating responsibility under ‘other insurance’ clauses.”
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