27-1-212. When award of interest discretionary. In an action for the breach of an obligation not arising from contract and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury. This section does not apply in actions for recovery of damages arising from injury to a person or property brought against a governmental entity under Title 2, chapter 9, parts 1 through 3, as amended.
Montana Code Annotated
Mont. Code Ann. § 27-1-212 (2026)
When Award Of Interest Discretionary
✓ current as of May 2026
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TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS
CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY
Part 2. Damages
When Award Of Interest Discretionary
History: En. Sec. 4281, Civ. C. 1895; re-en. Sec. 6044, Rev. C. 1907; re-en. Sec. 8663, R.C.M. 1921; Cal. Civ. C. Sec. 3288; Field Civ. C. Sec. 1836; re-en. Sec. 8663, R.C.M. 1935; amd. Sec. 3, Ch. 234, L. 1977; R.C.M. 1947, 17-205.
Notes of Decisions
Cited in 10
cases, 1982–2020 · leading case: Dew v. Dower, 852 P.2d 549 (Mont. 1993).
Dew v. Dower, 852 P.2d 549 (Mont. 1993). “The court cited § 27-1-212, MCA, as authority for its prejudgment interest award.”
Baltrusch v. Baltrusch, 2003 MT 357 (Mont. 2003). “Did the District Court err in not awarding William prejudgment interest on the $94,607 judgment and on the excess compensation taken by Otto from the various businesses both William and Otto owned? ¶65 William argues that he is entitled to prejudgment interest under § 27-1-211,…”
Semenza v. Bowman, 885 P.2d 451 (Mont. 1994). “Section 27-1-212, MCA, provides that “[i]n an action for the breach of an obligation not arising from contract and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury.”
Winslow v. Montana Rail Link, Inc., 2005 MT 217 (Mont. 2005). “th the grievance procedure under the collective bargaining agreement absolved it of liability; and whether the District Court: (4) deprived Winslow of his right to present evidence that MRL had an ongoing hidden business plan designed to discourage the reporting of work-related…”
H-D Irrigating, Inc. v. Kimble Props., Inc., 2000 MT 212 (Mont. 2000). “¶55 In this case, the judge was the fact finder, not the jury; therefore, it was within the judge’s discretion to determine whether interest was appropriate.”
Strom v. Logan, 2001 MT 30 (Mont. 2001). “¶32 The Stroms contend that the controlling statute is not § 27-1-210(1), MCA, but rather § 27-1-212, MCA, which authorizes a discretionary award of interest in cases not grounded in contract.”
Kadillak v. Montana Dep't of State Lands, 643 P.2d 1178 (Mont. 1982). “The other interest statute, section 27-1-212, MCA, provides: “In an action for the breach of an obligation not arising from contract and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury .”
Price Bldg. Serv., Inc. v. Holms, 693 P.2d 553 (Mont. 1985). “Section 27-1-212, on the other hand, deals with an award of prejudgment interest in all situations “not arising out of contract.”
Thornock v. Pack River Mgmt. Co., 790 F. Supp. 1014 (D. Mont. 1990). “Mont. Code Ann. § 27-1-212 (1989). Accordingly, IT IS HEREBY ORDERED that Defendant’s motion for summary judgment seeking a finding that Plaintiff does not have a covered claim is DENIED.”
Marriage of Grommet, 2020 MT 94N (Mont. 2020). “¶20 Issue Three: Did the District Court err when it determined it could not award prejudgment interest on Dean’s equalization payment to Malinda until the exact amount of the payment was ascertained? ¶21 Malinda argues she is entitled to prejudgment interest on the equalization…”
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