Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY · Part 2. Damages
Montana Code Annotated

Mont. Code Ann. § 27-1-210 (2026)

Interest On Torts

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  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 1
  4. Part 2
  5. 27-1-210 Interest on torts

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY

Part 2. Damages

Interest On Torts

27-1-210. Interest on torts. (1) (a) Subject to subsection (2), in an action for recovery on an injury as defined in 27-1-106, a prevailing claimant is entitled to interest at a rate equal to the prime rate published by the federal reserve system in its statistical release H.15 Selected Interest Rates or in any publication that may supersede it on the day judgment is entered, plus 3%, on any claim for damages awarded that are capable of being made certain by calculation, beginning from the date 30 days after the claimant presented a written statement to the opposing party or the party's agent stating the claim and how the specific sum was calculated.

(b) The rate for bank prime loans established in subsection (1)(a) must be set as of January 1 of each year and remain in effect until December 31 of each year.

(2) The interest provisions of subsection (1) do not apply to damages not capable of being made certain by calculation, including but not limited to future damages until the damages are incurred and damages for:

(a) pain and suffering;

(b) injury to credit, reputation, or financial standing;

(c) mental anguish or suffering;

(d) exemplary or punitive damages;

(e) loss of established way of life;

(f) loss of consortium; and

(g) attorney fees.

(3) The jury is to be advised by the court that the court will determine the amount of prejudgment interest due, if any, on any judgment rendered.

(4) Any payment by a party of a claim or interest on a claim as set forth in subsection (1) is not an admission of liability and may not be made known to the jury.

History: En. Sec. 1, Ch. 523, L. 1985; amd. Sec. 560, Ch. 56, L. 2009; amd. Sec. 2, Ch. 446, L. 2017.

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1990–2025 · leading case: Jim's Excavating Serv., Inc. v. HKM Assocs., 878 P.2d 248 (Mont. 1994).
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Jim's Excavating Serv., Inc. v. HKM Assocs., 878 P.2d 248 (Mont. 1994). · cites it 10× “JES argues that it is entitled to prejudgment interest according to the provisions of § 27-1-210, MCA, which allows the payment of prejudgment interest on certain tort claims.”
State v. Brewer, 1999 MT 269, 989 P.2d 407. · cites it 12× “He could also recover interest on any amount awarded him in a civil action against Appellant arising out of Appellant’s theft under § 27-1-210, MCA, which authorizes interest on torts.”
Glacier Tennis Club at the Summit, LLC v. Treweek Constr. Co., 2004 MT 70, 87 P.3d 431. · cites it 5× “Section 27-1-210, MCA, provides: Interest on torts.”
Schuff v. A.T. Klemens & Son, 2000 MT 357, 16 P.3d 1002. · cites it 4× “¶ 130 Under § 27-1-210, MCA, "a prevailing claimant is entitled to interest at a rate of 10 percent on any claim for damages awarded that are capable of being made certain by calculation, beginning from the date 30 days after the claimant presented a written statement to the…”
Thayer v. Hicks, 793 P.2d 784 (Mont. 1990). · cites it 3× “Section 27-1-210, MCA, creates a new obligation, the payment of prejudgment interest on certain tort claims when, prior to 1985, no such obligation existed.”
Stafford v. Fockaert, 2016 MT 28, 366 P.3d 673. · cites it 4× “As an initial matter, both parties base their arguments on § 27-1-211, MCA, entitled “Right to interest,” and not on § 27-1-210, MCA, entitled “Interest on torts.”
Semenza v. Bowman, 885 P.2d 451 (Mont. 1994). · cites it 3× “On January 7, 1994, the District Court amended its order to provide that interest would accrue from September 15, 1989, instead of August 16, a date 30 days after the written notice as required by § 27-1-210, MCA. L & R asserts that the District Court erred because its…”
Strom v. Logan, 2001 MT 30, 18 P.3d 1024. · cites it 6× “Furthermore, in Semenza we held that § 27-1-212, MCA, unlike § 27-1-210, MCA, does not have a certainty requirement; it does not require liquidated damages.”
Billings Clinic v. Peat Marwick Main & Co., 797 P.2d 899 (Mont. 1990). · cites it 2× “He increased this amount to $976,609, by adding in the “present” value as of August 1, 1988 (the date of trial), of the past interest payments. The “present” value calculation was $142,076.”
Thornock v. Pack River Mgmt. Co., 790 F. Supp. 1014 (D. Mont. 1990). · cites it 2× “§ 27-1-106 (1989), and that he is therefore entitled to interest under Mont.Code Ann. § 27-1-210 (1989). Although WIGA did not respond to that claim, it is clear that this is an action arising out of an obligation, rather than an injury.”
Warrington v. G.F. Clinic, 2020 MT 174, 467 P.3d 567. “DISCUSSION ¶9 Whether a stay of execution of judgment obtained by the judgment debtor on cross-appeal also tolls the continued accrual of post-judgment interest under §§ 25-9-204, and -205, MCA? ¶10 Sections 27-1-210 and -211, MCA, generally govern the right to prejudgment…”
Duffy, No. 2:21-cv-00071 (D. Mont. Nov. 7, 2025). · cites it 6× “Plaintiffs seek to obtain prejudgment interest pursuant to Mont. Code Ann. §§ 27-1-210 and 25-9-205.”
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Mont. Code Ann. § 27-1-210(1): 3 cases
Glacier Tennis Club at the Summit, LLC v. Treweek Constr. Co., 2004 MT 70, 87 P.3d 431. “Section 27-1-210, MCA, provides: Interest on torts.”
State v. Brewer, 1999 MT 269, 989 P.2d 407. “He could also recover interest on any amount awarded him in a civil action against Appellant arising out of Appellant’s theft under § 27-1-210, MCA, which authorizes interest on torts.”
Strom v. Logan, 2001 MT 30, 18 P.3d 1024. “Furthermore, in Semenza we held that § 27-1-212, MCA, unlike § 27-1-210, MCA, does not have a certainty requirement; it does not require liquidated damages.”
Mont. Code Ann. § 27-1-210(2): 1 case
State v. Brewer, 1999 MT 269, 989 P.2d 407. “He could also recover interest on any amount awarded him in a civil action against Appellant arising out of Appellant’s theft under § 27-1-210, MCA, which authorizes interest on torts.”
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