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Advisory Groups icon showing a tornadoTort Liability Insurance Summary

A summary of tort liability coverages, exclusions, and policy information is provided below. For a detailed policy review and a summary of program requirements, please click here for PDF (35kb) or here for Word (71kb).

Summary

  1. Insurer: The State of Montana is self-insured.

  2. Broker: Not applicable.

  3. Term: Continuous.

  4. Liability Covered: Defense against claims or lawsuits arising from products, premises, operations, directors and officers, medical professional, law enforcement professional, other licensed professional, employment practices, and other tort exposures provided the activity is official state business (§2-9-305, MCA).

  5. Agencies Covered: All state agencies and employees as defined in §2-9-101, MCA.

  6. Acts Covered: All negligent acts of state employees provided they are acting in an official capacity on behalf of the state (§2-9-305, MCA).

  7. Acts Excluded:

    1. Any personal injury or property which may be covered under a separate workers' compensation, auto, fire, property, or general liability policy.
    2. The conduct of the employee constitutes a criminal offense.
    3. The conduct upon which a claim is based constitutes oppression, fraud, malice, or for any other reason does not arise out of the course and scope of employee's employment (§2-9-305, MCA).
    4. Liability assumed under contract.
    5. The employee failed to cooperate reasonably in the defense of the case.
    6. The employee compromised or settled the claim without the consent of the Risk Management & Tort Defense Division.

  8. Limit: Statutorily defined at $750,000 per claim, $1,500,000 per occurrence (§2-9-108, MCA).

  9. Deductible: Not applicable. There is no deductible.