Risk Management & Tort Defense

Protecting Montana's Vital Assets & Resources

Tort Liability (including Auto) Summary

A summary of tort liability coverage (including auto) and exclusions is provided below. This summary does not alter or amend coverage provided in statute or under the state property/casualty insurance program. When state-owned vehicles are not available, state agencies and universities are encouraged to utilize their state purchasing cards to lease vehicles from Enterprise or Hertz in order to obtain the free vehicle insurance offered under the state's term contracts http://rmtd.mt.gov/insurance/autofreesummary. For a comprehensive review of coverage and program requirements, please click here for Word (45kb) or here for PDF (246kb). To view the State Vehicle Use Rule click here Adopted (ARM 2.6.201).


  1. Insurer:  The State of Montana is self-insured.
  2. Broker:  Not applicable.
  3. Term:  Continuous.
  4. Coverage Territory: See Section III. of the document found here.
  5. Liability Covered:  Defense against claims or lawsuits arising from property damage or personal injury to third parties. For liability coverage outside of the United States, see Section III. of the document found here.
  6. Agencies Covered:  All state agencies and universities as defined in §2-9-101, MCA.
  7. Acts Covered:  All negligent acts of state and university employees provided they arise in an official capacity on behalf of the state (§2-9-305, MCA).
  8. 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, or 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.
  9. Comprehensive/Collision Coverage:  See Section III. of the document found here.
  10. Limit:  Statutorily defined at $750,000 per claim, $1,500,000 per occurrence for liability (§2-9-108, MCA). For comprehensive/collision coverage the limit is a reasonable determination of the market value (actual cash value) of the vehicle by the Risk Management & Tort Defense Division.
  11. Deductible:  Not applicable for liability (i.e. personal injury or property damage to third parties). There is a $250 deductible for comprehensive/collision coverage on state owned or leased vehicles.