Montana Code Annotated

Mont. Code Ann. § 61-6-103 (2026)

Motor Vehicle Liability Policy Minimum Limits -- Other Requirements

✓ current as of May 2026
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TITLE 61. MOTOR VEHICLES

CHAPTER 6. RESPONSIBILITY OF VEHICLE USERS AND OWNERS

Part 1. Motor Vehicle Insurance Responsibility and Verification

Motor Vehicle Liability Policy Minimum Limits -- Other Requirements

61-6-103. Motor vehicle liability policy minimum limits -- other requirements. (1) A motor vehicle liability policy must:

(a) designate by explicit description or by appropriate reference all motor vehicles with respect to the coverage to be granted; and

(b) insure the person named in the policy and any other person, as insured, using any motor vehicle or motor vehicles with the express or implied permission of the named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of the motor vehicle or motor vehicles within the United States of America or Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as follows:

(i) $25,000 because of bodily injury to or death of one person in any one accident and subject to the limit for one person;

(ii) $50,000 because of bodily injury to or death of two or more persons in any one accident; and

(iii) $20,000 because of injury to or destruction of property of others in any one accident.

(2) An operator's policy of liability insurance must insure the person named as insured in the policy against loss from the liability imposed upon the operator by law for damages arising out of the use by the operator of any motor vehicle not owned by the operator, within the same territorial limits and subject to the same limits of liability that are set forth in subsection (1) with respect to the operator's policy of liability insurance.

(3) A motor vehicle liability policy must state the name and address of the named insured, the coverage afforded by the policy, the premium charged for the policy, the policy period, and the limits of liability and contain an agreement or be endorsed that insurance is provided under the policy in accordance with the coverage defined in this part with respect to bodily injury and death or property damage, or both, and is subject to all the provisions of this part.

(4) A motor vehicle liability policy need not insure any liability under any workers' compensation law or any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured or while engaged in the operation, maintenance, or repair of a motor vehicle or any liability for damage to property owned by, rented to, in charge of, or transported by the insured.

(5) A motor vehicle liability policy is subject to the following provisions, which need not be contained in the policy:

(a) The liability of the insurance carrier with respect to the insurance required by this part becomes absolute whenever injury or damage covered by the motor vehicle liability policy occurs. The policy may not be canceled or annulled as to the liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage. A statement made by the insured or on behalf of the insured and a violation of the policy may not defeat or void the policy.

(b) The satisfaction by the insured of a judgment for the injury or damage may not be a condition precedent to the right or duty of the insurance carrier to make payment on account of the injury or damage.

(c) The insurance carrier has the right to settle any claim covered by the policy, and if the settlement is made in good faith, the amount is deductible from the limits of liability specified in subsection (1)(b).

(d) The policy, the written application for the policy, if any, and any rider or endorsement that does not conflict with the provisions of this part constitute the entire contract between the parties.

(6) A motor vehicle policy is not subject to cancellation, termination, nonrenewal, or premium increase due to injury or damage incurred by the insured or operator unless the insured or operator is found to have violated a traffic law or ordinance of the state or a city, is found negligent or contributorily negligent in a court of law or by the arbitration proceedings contained in chapter 5 of Title 27, or pays damages to another party, whether by settlement or otherwise. A premium may not be increased during the term of the policy unless there is a change in exposure.

(7) Any policy that grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and the excess or additional coverage is not subject to the provisions of this part. With respect to a policy that grants the excess or additional coverage, the term "motor vehicle liability policy" applies only to that part of the coverage required by this section.

(8) A motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this part.

(9) A motor vehicle liability policy may provide for the prorating of the insurance under the policy with other valid and collectible insurance.

(10) The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers, which policies together meet the requirements.

(11) Any binder issued pending the issuance of a motor vehicle liability policy fulfills the requirements for the policy.

(12) A reduced limits endorsement may not be issued by a company to be attached to a policy issued in compliance with this section.

History: En. Sec. 21, Ch. 204, L. 1951; amd. Sec. 4, Ch. 30, L. 1967; amd. Sec. 1, Ch. 177, L. 1973; amd. Sec. 1, Ch. 260, L. 1973; amd. Sec. 1, Ch. 295, L. 1974; amd. Sec. 1, Ch. 526, L. 1975; R.C.M. 1947, 53-438; amd. Sec. 1, Ch. 425, L. 1989; amd. Sec. 1948, Ch. 56, L. 2009; amd. Sec. 22, Ch. 413, L. 2009; amd. Sec. 1, Ch. 216, L. 2015.

Notes of Decisions
Cited in 46 cases (2 in the last 5 years), 1979–2024 · leading case: Grimsrud v. Hagel, 2005 MT 194 (Mont. 2005).
Grimsrud v. Hagel, 2005 MT 194 (Mont. 2005). · cites it 66× “¶21 State Farm argues subsection (5) of § 61-6-103, MCA, is a statutory exception to the coverage requirements of a motor vehicle liability policy mandated by § 61-6-301(1)(a), MCA, and the exclusion in the policy in question is, therefore, valid. ¶22 In 1951, the Montana…”
Farmers All. Mut. Ins. v. Holeman, 924 P.2d 1315 (Mont. 1996). · cites it 100× “The distinction between the uninsured motorist coverage and the third-party coverage is that by rejecting the uninsured coverage the insured may waive the first-party uninsured coverage benefitting himself, but he cannot waive the minimum liability coverages benefitting the…”
Infinity Ins. v. Dodson, 2000 MT 287 (Mont. 2000). · cites it 62× “DISCUSSION ¶ 19 Appellants' challenge to the District Court's interpretation of Montana's Motor Vehicle Safety Responsibility Act, enacted by the Legislature in 1951, raises a question of first impression: whether each insured under one policy, who are both found legally liable…”
Shilhanek v. D-2 Trucking, Inc., 2003 MT 122 (Mont. 2003). · cites it 37× “Guaranty refused to tender policy limits, however, until the plaintiffs provided Guaranty with a full and final release of all claims. Watters, ¶ 12. The plaintiffs subsequently rejected Guaranty’s offer, and alleged that Guaranty’s actions violated § 33-18-201, MCA.”
Watters v. Guar. Nat'l Ins., 2000 MT 150 (Mont. 2000). · cites it 34× “Specifically, under § 61-6-103, MCA, all owners and operators of motor vehicles must carry mandatory liability insurance, in the minimum amounts of $25,000 "because of bodily injury to or death of one person in any one accident;" $50,000 "because of bodily injury to or death of…”
Transamerica Ins. v. Royle, 656 P.2d 820 (Mont. 1983). · cites it 10× “More specifically, the statutory restrictions on insurance policies contained in section 61-6-103 do not apply to policies purchased to fulfill the requirements of Part 3, Mandatory Liability Protection.”
Lee v. USAA Cas. Ins., 2001 MT 59 (Mont. 2001). · cites it 9× “No one seriously disputes, however, that the legal obligation to continuously "provide" insurance for the two vehicles was fully discharged by at least one of the owners, in that the USAA policy provided the minimum levels of liability coverage in full compliance with §…”
Bain v. Gleason, 726 P.2d 1153 (Mont. 1986). · cites it 15× “” The referred-to statute, Section 61-6-103, MCA, contains the following pertinent provisions: “(2) Such owner’s policy of liability insurance shall: “(b) insure the person named therein and any other person, as insured, using any such motor vehicle .”
Newbury v. State Farm Fire & Cas. Ins. Co., 2008 MT 156 (Mont. 2008). · cites it 8× “Sections 61-6-103(2) and 301(1), MCA. Medical payments coverage is not mandatory in Montana.”
Fisher v. State Farm Mut. Auto. Ins., 2013 MT 208 (Mont. 2013). · cites it 8× “Our general statement in Davis that the liability insurance law protects ‘innocent victims of automobile accidents” was made in the context of our holding that the minimum coverage limits required by §61-6-103, MCA, and 61-6- 301, MCA, are applicable to all vehicles insured…”
Hardy v. Progressive Specialty Ins. Co., 2003 MT 85 (Mont. 2003). · cites it 4× “Finally, the UIM coverage shown on the declarations page is offset by the amount the insured recovers from the tortfeasor. ¶ 17 In practically all circumstances the UIM coverage of $50,000 in Montana will be offset by at least $25,000 because of Montana's minimum mandatory…”
Allstate Ins. v. Hankinson, 795 P.2d 480 (Mont. 1990). · cites it 18× “I further note that the majority's interpretation does not consider statutory provisions such as § 61-6-103, MCA (1989), (amended effective July 1, 1990), which in pertinent part provides: (1) A "motor vehicle liability policy" .”
— Mont. Code Ann. § 61-6-103(1) — 3 cases
Grimsrud v. Hagel, 2005 MT 194 (Mont. 2005). “¶21 State Farm argues subsection (5) of § 61-6-103, MCA, is a statutory exception to the coverage requirements of a motor vehicle liability policy mandated by § 61-6-301(1)(a), MCA, and the exclusion in the policy in question is, therefore, valid. ¶22 In 1951, the Montana…”
Farmers All. Mut. Ins. v. Holeman, 924 P.2d 1315 (Mont. 1996). “The distinction between the uninsured motorist coverage and the third-party coverage is that by rejecting the uninsured coverage the insured may waive the first-party uninsured coverage benefitting himself, but he cannot waive the minimum liability coverages benefitting the…”
Rowe v. Travelers Indem. Co., 800 P.2d 157 (Mont. 1990).
— Mont. Code Ann. § 61-6-103(1)(b) — 1 case
Kenneth & Kari Cross v. Warren, 435 P.3d 1202 (Mont. 2019).
— Mont. Code Ann. § 61-6-103(1)(b)(i) — 1 case
Kenneth & Kari Cross v. Warren, 435 P.3d 1202 (Mont. 2019).
— Mont. Code Ann. § 61-6-103(2) — 11 cases
Shilhanek v. D-2 Trucking, Inc., 2003 MT 122 (Mont. 2003). “Guaranty refused to tender policy limits, however, until the plaintiffs provided Guaranty with a full and final release of all claims. Watters, ¶ 12. The plaintiffs subsequently rejected Guaranty’s offer, and alleged that Guaranty’s actions violated § 33-18-201, MCA.”
Watters v. Guar. Nat'l Ins., 2000 MT 150 (Mont. 2000). “Specifically, under § 61-6-103, MCA, all owners and operators of motor vehicles must carry mandatory liability insurance, in the minimum amounts of $25,000 "because of bodily injury to or death of one person in any one accident;" $50,000 "because of bodily injury to or death of…”
Farmers All. Mut. Ins. v. Holeman, 924 P.2d 1315 (Mont. 1996). “The distinction between the uninsured motorist coverage and the third-party coverage is that by rejecting the uninsured coverage the insured may waive the first-party uninsured coverage benefitting himself, but he cannot waive the minimum liability coverages benefitting the…”
Infinity Ins. v. Dodson, 2000 MT 287 (Mont. 2000). “DISCUSSION ¶ 19 Appellants' challenge to the District Court's interpretation of Montana's Motor Vehicle Safety Responsibility Act, enacted by the Legislature in 1951, raises a question of first impression: whether each insured under one policy, who are both found legally liable…”
Newbury v. State Farm Fire & Cas. Ins. Co., 2008 MT 156 (Mont. 2008). “Sections 61-6-103(2) and 301(1), MCA. Medical payments coverage is not mandatory in Montana.”
— Mont. Code Ann. § 61-6-103(2)(a) — 3 cases
Lee v. USAA Cas. Ins., 2001 MT 59 (Mont. 2001). “No one seriously disputes, however, that the legal obligation to continuously "provide" insurance for the two vehicles was fully discharged by at least one of the owners, in that the USAA policy provided the minimum levels of liability coverage in full compliance with §…”
Rowe v. Travelers Indem. Co., 800 P.2d 157 (Mont. 1990).
Allstate Ins. v. Hankinson, 795 P.2d 480 (Mont. 1990). “I further note that the majority's interpretation does not consider statutory provisions such as § 61-6-103, MCA (1989), (amended effective July 1, 1990), which in pertinent part provides: (1) A "motor vehicle liability policy" .”
— Mont. Code Ann. § 61-6-103(2)(b) — 10 cases
Infinity Ins. v. Dodson, 2000 MT 287 (Mont. 2000). “DISCUSSION ¶ 19 Appellants' challenge to the District Court's interpretation of Montana's Motor Vehicle Safety Responsibility Act, enacted by the Legislature in 1951, raises a question of first impression: whether each insured under one policy, who are both found legally liable…”
Farmers All. Mut. Ins. v. Holeman, 924 P.2d 1315 (Mont. 1996). “The distinction between the uninsured motorist coverage and the third-party coverage is that by rejecting the uninsured coverage the insured may waive the first-party uninsured coverage benefitting himself, but he cannot waive the minimum liability coverages benefitting the…”
Guar. Nat'l Ins. v. Kemper Fin. Servs., 667 F. Supp. 714 (D. Mont. 1987).
Farmers Ins. Exch. v. Janzer, 697 P.2d 460 (Mont. 1985).
Allstate Ins. v. Wagner-Ellsworth, 2008 MT 240 (Mont. 2008).
— Mont. Code Ann. § 61-6-103(2)(b)(i) — 2 cases
Shilhanek v. D-2 Trucking, Inc., 2003 MT 122 (Mont. 2003). “Guaranty refused to tender policy limits, however, until the plaintiffs provided Guaranty with a full and final release of all claims. Watters, ¶ 12. The plaintiffs subsequently rejected Guaranty’s offer, and alleged that Guaranty’s actions violated § 33-18-201, MCA.”
Watters v. Guar. Nat'l Ins., 2000 MT 150 (Mont. 2000). “Specifically, under § 61-6-103, MCA, all owners and operators of motor vehicles must carry mandatory liability insurance, in the minimum amounts of $25,000 "because of bodily injury to or death of one person in any one accident;" $50,000 "because of bodily injury to or death of…”
— Mont. Code Ann. § 61-6-103(2)(b)(i)(iii) — 1 case
Shilhanek v. D-2 Trucking, Inc., 2003 MT 122 (Mont. 2003).
— Mont. Code Ann. § 61-6-103(3) — 2 cases
State Farm Mut. Auto. Ins. v. Queen, 685 P.2d 935 (Mont. 1984).
State Farm Mut. Auto. Ins. Companies v. Queen, 685 P.2d 935 (Mont. 1984).
— Mont. Code Ann. § 61-6-103(5) — 4 cases
Grimsrud v. Hagel, 2005 MT 194 (Mont. 2005). “¶21 State Farm argues subsection (5) of § 61-6-103, MCA, is a statutory exception to the coverage requirements of a motor vehicle liability policy mandated by § 61-6-301(1)(a), MCA, and the exclusion in the policy in question is, therefore, valid. ¶22 In 1951, the Montana…”
Newbury v. State Farm Fire & Cas. Ins. Co., 2008 MT 156 (Mont. 2008). “Sections 61-6-103(2) and 301(1), MCA. Medical payments coverage is not mandatory in Montana.”
Blake v. State Farm Mut. Auto. Ins., 685 S.E.2d 895 (W. Va. 2009).
Fire Ins. Exch. v. Tibi, 51 F. Supp. 2d 1076 (D. Mont. 1996).
— Mont. Code Ann. § 61-6-103(6) — 1 case
Farmers All. Mut. Ins. v. Holeman, 924 P.2d 1315 (Mont. 1996). “The distinction between the uninsured motorist coverage and the third-party coverage is that by rejecting the uninsured coverage the insured may waive the first-party uninsured coverage benefitting himself, but he cannot waive the minimum liability coverages benefitting the…”
— Mont. Code Ann. § 61-6-103(6)(a) — 4 cases
Transamerica Ins. v. Royle, 656 P.2d 820 (Mont. 1983). “More specifically, the statutory restrictions on insurance policies contained in section 61-6-103 do not apply to policies purchased to fulfill the requirements of Part 3, Mandatory Liability Protection.”
Ulrigg v. Jones, 907 P.2d 937 (Mont. 1995).
Watters v. Guar. Nat'l Ins., 2000 MT 150 (Mont. 2000). “Specifically, under § 61-6-103, MCA, all owners and operators of motor vehicles must carry mandatory liability insurance, in the minimum amounts of $25,000 "because of bodily injury to or death of one person in any one accident;" $50,000 "because of bodily injury to or death of…”
Progressive N. Ins. Co. v. Corder, 15 S.W.3d 381 (Ky. 2000).
— Mont. Code Ann. § 61-6-103(8) — 8 cases
Grimsrud v. Hagel, 2005 MT 194 (Mont. 2005). “¶21 State Farm argues subsection (5) of § 61-6-103, MCA, is a statutory exception to the coverage requirements of a motor vehicle liability policy mandated by § 61-6-301(1)(a), MCA, and the exclusion in the policy in question is, therefore, valid. ¶22 In 1951, the Montana…”
Farmers All. Mut. Ins. v. Holeman, 924 P.2d 1315 (Mont. 1996). “The distinction between the uninsured motorist coverage and the third-party coverage is that by rejecting the uninsured coverage the insured may waive the first-party uninsured coverage benefitting himself, but he cannot waive the minimum liability coverages benefitting the…”
Watters v. Guar. Nat'l Ins., 2000 MT 150 (Mont. 2000). “Specifically, under § 61-6-103, MCA, all owners and operators of motor vehicles must carry mandatory liability insurance, in the minimum amounts of $25,000 "because of bodily injury to or death of one person in any one accident;" $50,000 "because of bodily injury to or death of…”
Stutzman v. Safeco Ins. Co. of Am., 945 P.2d 32 (Mont. 1997).
Fisher v. State Farm Mut. Auto. Ins., 2013 MT 208 (Mont. 2013). “Our general statement in Davis that the liability insurance law protects ‘innocent victims of automobile accidents” was made in the context of our holding that the minimum coverage limits required by §61-6-103, MCA, and 61-6- 301, MCA, are applicable to all vehicles insured…”
— Mont. Code Ann. § 61-6-103(l)(b)(i) — 1 case
Fisher v. State Farm Mut. Auto. Ins., 2013 MT 208 (Mont. 2013). “Our general statement in Davis that the liability insurance law protects ‘innocent victims of automobile accidents” was made in the context of our holding that the minimum coverage limits required by §61-6-103, MCA, and 61-6- 301, MCA, are applicable to all vehicles insured…”
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