reglab/housing_qa huggingface dataset:
MT Code § 2-9-102 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 1. Liability Exposure|2-9-102. Governmental entities liable for torts except as specifically provided by legislature

  2-9-102. Governmental entities liable for torts except as specifically provided by legislature. Every governmental entity is subject to liability for its torts and those of its employees acting within the scope of their employment or duties whether arising out of a governmental or proprietary function except as specifically provided by the legislature under Article II, section 18, of The Constitution of the State of Montana.   History: En. Sec. 10, Ch. 380, L. 1973; amd. Sec. 1, Ch. 189, L. 1977; R.C.M. 1947, 82-4310.
MT Code § 2-9-103 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 1. Liability Exposure|2-9-103. Actions under invalid law or rule -- same as if valid -- when

  2-9-103. Actions under invalid law or rule -- same as if valid -- when. (1) If an officer, agent, or employee of a governmental entity acts in good faith, without malice or corruption, and under the authority of law and that law is subsequently declared invalid as in conflict with the constitution of Montana or the constitution of the United States, that officer, agent, or employee, any other officer, agent, or employee of the represented governmental entity, or the governmental entity is not civilly liable in any action in which the individuals or governmental entity would not have been liable if the law had been valid.   (2) If an officer, agent, or employee of a governmental entity acts in good faith, without malice or corruption, and under the authority of a duly promulgated rule or ordinance and that rule or ordinance is subsequently declared invalid, that officer, agent, or employee, any other officer, agent, or employee of the represented governmental entity, or the governmental entity is not civilly liable in any action in which liability would not attach if the rule or ordinance had been valid.   History: En. 82-4333 by Sec. 7, Ch. 189, L. 1977; R.C.M. 1947, 82-4333; amd. Sec. 7, Ch. 184, L. 1979; amd. Sec. 55, Ch. 61, L. 2007.
MT Code § 2-9-104 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 1. Liability Exposure|2-9-104. Repealed

  2-9-104. Repealed. Sec. 4, Ch. 675, L. 1983.   History: En. 82-4334 by Sec. 8, Ch. 189, L. 1977; R.C.M. 1947, 82-4334(1), (2); amd. Sec. 2, Ch. 425, L. 1979.
MT Code § 2-9-105 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 1. Liability Exposure|2-9-105. State or other governmental entity immune from exemplary and punitive damages

  2-9-105. State or other governmental entity immune from exemplary and punitive damages. The state and other governmental entities are immune from exemplary and punitive damages.   History: En. 82-4332 by Sec. 6, Ch. 189, L. 1977; R.C.M. 1947, 82-4332.
MT Code § 2-9-106 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 1. Liability Exposure|2-9-106. Repealed

  2-9-106. Repealed. Sec. 4, Ch. 22, Sp. L. June 1986.   History: En. Sec. 1, Ch. 675, L. 1983.
MT Code § 2-9-107 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 1. Liability Exposure|2-9-107. Repealed

  2-9-107. Repealed. Sec. 4, Ch. 22, Sp. L. June 1986.   History: En. Sec. 2, Ch. 675, L. 1983; amd. Sec. 2, Ch. 389, L. 1985.
MT Code § 2-9-108 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 1. Liability Exposure|2-9-108. Limitation on governmental liability for damages in tort

  2-9-108. Limitation on governmental liability for damages in tort. (1) The state, a county, municipality, taxing district, or any other political subdivision of the state is not liable in tort action for damages suffered as a result of an act or omission of an officer, agent, or employee of that entity in excess of $750,000 for each claim and $1.5 million for each occurrence.   (2) The state, a county, municipality, taxing district, or any other political subdivision of the state is not liable in tort action for damages suffered as a result of negligence of an officer, agent, or employee of that entity by a person while the person was confined in or was otherwise in or on the premises of a correctional or detention institution or facility to serve a sentence imposed upon conviction of a criminal offense. The immunity granted by this subsection does not extend to serious bodily injury or death resulting from negligence or to damages resulting from medical malpractice, gross negligence, willful or wanton misconduct, or an intentional tort. This subsection does not create an exception from the dollar limitations provided for in subsection (1).   (3) An insurer is not liable for excess damages unless the insurer specifically agrees by written endorsement to provide coverage to the governmental agency involved in amounts in excess of a limitation stated in this section, in which case the insurer may not claim the benefits of the limitation specifically waived.   History: En. Sec. 2, Ch. 22, Sp. L. June 1986; amd. Sec. 1, Ch. 337, L. 1997.
MT Code § 2-9-109 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 1. Liability Exposure|2-9-109. and 2-9-110 reserved

  2-9-109 and 2-9-110 reserved.
MT Code § 2-9-111 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 1. Liability Exposure|2-9-111. Immunity from suit for legislative acts and omissions

  2-9-111. Immunity from suit for legislative acts and omissions. (1) As used in this section:   (a) the term "governmental entity" means only the state, counties, municipalities, school districts, and any other local government entity or local political subdivision vested with legislative power by statute;   (b) the term "legislative body" means only the legislature vested with legislative power by Article V of The Constitution of the State of Montana and that branch or portion of any other local governmental entity or local political subdivision empowered by law to consider and enact statutes, charters, ordinances, orders, rules, policies, resolutions, or resolves;   (c) (i) the term "legislative act" means:   (A) actions by a legislative body that result in creation of law or declaration of public policy;   (B) other actions of the legislature authorized by Article V of The Constitution of the State of Montana; or   (C) actions by a school board that result in adoption of school board policies pursuant to 20-3-323(1);   (ii) the term legislative act does not include administrative actions undertaken in the execution of a law or public policy.   (2) A governmental entity is immune from suit for a legislative act or omission by its legislative body, or any member or staff of the legislative body, engaged in legislative acts.   (3) Any member or staff of a legislative body is immune from suit for damages arising from the lawful discharge of an official duty associated with legislative acts of the legislative body.   (4) The acquisition of insurance coverage, including self-insurance or group self-insurance, by a governmental entity does not waive the immunity provided by this section.   (5) The immunity provided for in this section does not extend to:   (a) any tort committed by the use of a motor vehicle, aircraft, or other means of transportation; or   (b) any act or omission that results in or contributes to personal injury or property damage caused by contamination or other alteration of the physical, chemical, or biological properties of surface water or ground water, for which a cause of action exists in statutory or common law or at equity. This subsection (b) does not create a separate or new cause of action.   History: En. 82-4328 by Sec. 2, Ch. 189, L. 1977; R.C.M. 1947, 82-4328; amd. Sec. 1, Ch. 818, L. 1991; amd. Sec. 1, Ch. 821, L. 1991.
MT Code § 2-9-112 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 1. Liability Exposure|2-9-112. Immunity from suit for judicial acts and omissions

  2-9-112. Immunity from suit for judicial acts and omissions. (1) The state and other governmental units are immune from suit for acts or omissions of the judiciary.   (2) A member, officer, or agent of the judiciary is immune from suit for damages arising from the lawful discharge of an official duty associated with judicial actions of the court.   (3) The judiciary includes those courts established in accordance with Article VII of The Constitution of the State of Montana.   History: En. 82-4329 by Sec. 3, Ch. 189, L. 1977; R.C.M. 1947, 82-4329; amd. Sec. 56, Ch. 61, L. 2007.
MT Code § 2-9-113 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 1. Liability Exposure|2-9-113. Immunity from suit for certain gubernatorial actions

  2-9-113. Immunity from suit for certain gubernatorial actions. The state and the governor are immune from suit for damages arising from the lawful discharge of an official duty associated with vetoing or approving bills or in calling sessions of the legislature.   History: En. 82-4330 by Sec. 4, Ch. 189, L. 1977; R.C.M. 1947, 82-4330.
MT Code § 2-9-114 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 1. Liability Exposure|2-9-114. Immunity from suit for certain actions by local elected executives

  2-9-114. Immunity from suit for certain actions by local elected executives. A local governmental entity and the elected executive officer thereof are immune from suit for damages arising from the lawful discharge of an official duty associated with vetoing or approving ordinances or other legislative acts or in calling sessions of the legislative body.   History: En. 82-4331 by Sec. 5, Ch. 189, L. 1977; R.C.M. 1947, 82-4331.
MT Code § 2-9-201 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 2. Comprehensive State Insurance Plan|2-9-201. Comprehensive insurance plan for state

  2-9-201. Comprehensive insurance plan for state. (1) The department of administration is responsible for the acquisition and administration of all the insurance purchased for protection of the state, as defined in 2-9-101.   (2) The department of administration shall, after consultation with the departments, agencies, commissions, and other instrumentalities of the state, provide a comprehensive insurance plan for the state providing insurance coverage to the state in amounts determined and set by the department of administration and may purchase, renew, cancel, and modify all policies according to the comprehensive insurance plan. The plan may include property, casualty, liability, crime, fidelity, and any such other policies of insurance as the department of administration may from time to time deem reasonable and prudent.   (3) The department of administration may in its discretion elect to utilize a deductible insurance plan, either wholly or in part.   (4) Only the department of administration may procure insurance under parts 1 through 3 of this chapter except as otherwise provided herein.   (5) All offices, departments, agencies, authorities, commissions, boards, institutions, hospitals, colleges, universities, and other instrumentalities of the state hereafter called state participants shall comply with parts 1 through 3 and the insurance plan developed by the department of administration.   History: (1) thru (3)En. Sec. 3, Ch. 380, L. 1973; amd. Sec. 1, Ch. 143, L. 1974; amd. Sec. 1, Ch. 360, L. 1977; Sec. 82-4303, R.C.M. 1947; (4), (5)En. Sec. 4, Ch. 380, L. 1973; Sec. 82-4304, R.C.M. 1947; R.C.M. 1947, 82-4303, 82-4304.
MT Code § 2-9-202 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 2. Comprehensive State Insurance Plan|2-9-202. Apportionment of costs -- creation of deductible reserve

  2-9-202. Apportionment of costs -- creation of deductible reserve. (1) The department of administration shall apportion the costs of all insurance purchased under 2-9-201 to the individual state participants, and the costs must be paid to the department subject to appropriations by the legislature.   (2) The department, if it elects to use a deductible insurance plan, is authorized to charge the individual state participants an amount equal to the cost of a full-coverage insurance plan until such time as a deductible reserve is established. In each subsequent year, the department may charge a sufficient amount over the actual cost of the deductible insurance to replenish the deductible reserves.   (3) The department may accumulate a self-insurance reserve fund sufficient to provide self-insurance for all liability coverages that in its discretion the department considers should be self-insured. Payments into the self-insurance reserve fund must be made from a legislative appropriation for that purpose. Proceeds of the fund must be used by the department to pay claims under parts 1 through 3 of this chapter. Expenditures for actual and necessary expenses required for the efficient administration of the fund must be made from temporary appropriations, as described in 17-7-501(1) or (2), made for that purpose.   (4) Money in reserve funds established under this section that is not needed to meet expected expenditures must be invested and all proceeds of the investment credited to the fund.   History: En. Sec. 5, Ch. 380, L. 1973; amd. Sec. 2, Ch. 360, L. 1977; R.C.M. 1947, 82-4305; amd. Sec. 3, Ch. 703, L. 1985; amd. Sec. 1, Ch. 532, L. 1997.
MT Code § 2-9-203 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 2. Comprehensive State Insurance Plan|2-9-203. through 2-9-210 reserved

  2-9-203 through 2-9-210 reserved.
MT Code § 2-9-213 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 2. Comprehensive State Insurance Plan|2-9-213. through 2-9-219 reserved

  2-9-213 through 2-9-219 reserved.
MT Code § 2-9-220 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 2. Comprehensive State Insurance Plan|2-9-220. Loss mitigation program -- purpose

  2-9-220. Loss mitigation program -- purpose. (1) There is a loss mitigation program administered by the department of administration.   (2) Funds for the program must be used by the department solely for the purpose of mitigating losses generated through claims against the state related to property, automobiles, aviation, and general liability.   (3) An agency seeking funds from the loss mitigation program shall present to the department a written request that:   (a) identifies the risk of loss and potential costs associated with the risk of loss;   (b) identifies matching funds from the agency to address or reduce the risk of loss; and   (c) provides a detailed explanation of how the funds will be spent to mitigate the risk of loss.   (4) Prior to distributing funds for an agency seeking funds from the loss mitigation program, the department of administration shall review the information provided by the agency and confirm the existence of a significant risk of loss to be mitigated with the requested funds.   (5) A distribution over $30,000 for each written request, not including matching funds available to the agency, from the loss mitigation program to a single agency is subject to approval by the office of budget and program planning.   History: En. Sec. 1, Ch. 127, L. 2015.
MT Code § 2-9-301 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 3. Claims and Actions|2-9-301. Filing of claims against state and political subdivisions -- disposition by state agency as prerequisite

  2-9-301. Filing of claims against state and political subdivisions -- disposition by state agency as prerequisite. (1) All claims against the state arising under the provisions of parts 1 through 3 of this chapter must be presented in writing to the department of administration.   (2) A complaint based on a claim subject to the provisions of subsection (1) may not be filed in district court unless the claimant has first presented the claim to the department of administration and the department has finally denied the claim. The department must grant or deny the claim in writing within 120 days after the claim is presented to the department. The failure of the department to make final disposition of a claim within 120 days after it is presented to the department must be considered a final denial of the claim for purposes of this subsection. Upon the department's receipt of the claim, the statute of limitations on the claim is tolled for 120 days. The provisions of this subsection do not apply to claims that may be asserted under Title 25, chapter 20, by third-party complaint, cross-claim, or counterclaim.   (3) All claims against a political subdivision arising under the provisions of parts 1 through 3 shall be presented to and filed with the clerk or secretary of the political subdivision.   History: (1)En. Sec. 11, Ch. 380, L. 1973; amd. Sec. 1, Ch. 361, L. 1975; amd. Sec. 5, Ch. 360, L. 1977; Sec. 82-4311, R.C.M. 1947; (2)En. Sec. 12, Ch. 380, L. 1973; amd. Sec. 6, Ch. 360, L. 1977; Sec. 82-4312, R.C.M. 1947; R.C.M. 1947, 82-4311, 82-4312; amd. Sec. 1, Ch. 507, L. 1987; amd. Sec. 1, Ch. 494, L. 1991.
MT Code § 2-9-302 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 3. Claims and Actions|2-9-302. Time for filing -- limitation of actions

  2-9-302. Time for filing -- limitation of actions. A claim against the state or a political subdivision is subject to the limitation of actions provided by law.   History: En. 82-4312.1 by Sec. 7, Ch. 360, L. 1977; R.C.M. 1947, 82-4312.1.
MT Code § 2-9-303 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 3. Claims and Actions|2-9-303. Compromise or settlement of claim against state

  2-9-303. Compromise or settlement of claim against state. (1) (a) The department of administration may compromise and settle any claim allowed by parts 1 through 3 of this chapter, subject to the terms of insurance, if any. A settlement from the self-insurance reserve fund or deductible reserve fund exceeding $10,000 must be approved by the district court of the first judicial district except when suit has been filed in another judicial district, in which case the presiding judge shall approve the compromise settlement.  (b) All records related to a compromise or settlement of a claim against the state must be retained for a period of 20 years.   (2) (a) All terms, conditions, and details of the governmental portion of a compromise or settlement agreement entered into or approved pursuant to subsection (1) are public records available for public inspection unless a right of individual privacy clearly exceeds the merits of public disclosure.   (b) Unless the state or its entities pay nothing to resolve a claim, the compromise or settlement agreement must include a description of the alleged acts, omissions, or other basis of liability at issue.   (3) An employee who is a party to a compromise or settlement entered into or approved pursuant to subsection (1) may waive the right of individual privacy and allow the state to release all records or details of the compromise or settlement, such as personnel records, that pertain to the employee personally and that would otherwise be protected by the right of individual privacy subject to the merits of public disclosure.   History: En. Sec. 19, Ch. 380, L. 1973; amd. Sec. 9, Ch. 360, L. 1977; R.C.M. 1947, 82-4319; amd. Sec. 1, Ch. 63, L. 1981; amd. Sec. 1, Ch. 97, L. 1987; amd. Sec. 1, Ch. 111, L. 1987; amd. Sec. 1, Ch. 172, L. 2001; amd. Sec. 1, Ch. 306, L. 2017; amd. Sec. 1, Ch. 188, L. 2019; amd. Sec. 5, Ch. 511, L. 2021.
MT Code § 2-9-304 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 3. Claims and Actions|2-9-304. Compromise or settlement of claim against political subdivision

  2-9-304. Compromise or settlement of claim against political subdivision. (1) The governing body of each political subdivision, after conferring with its legal officer or counsel, may compromise and settle any claim allowed by parts 1 through 3 of this chapter, subject to the terms of insurance, if any.   (2) All terms, conditions, and details of the governmental portion of a compromise or settlement agreement entered into pursuant to subsection (1) are public records available for public inspection unless a right of individual privacy clearly exceeds the merits of public disclosure.   (3) An employee who is a party to a compromise or settlement entered into or approved pursuant to subsection (1) may waive the right of individual privacy and allow the state to release all records or details of the compromise or settlement, such as personnel records, that pertain to the employee personally and that would otherwise be protected by the right of individual privacy subject to the merits of public disclosure.   History: En. Sec. 18, Ch. 380, L. 1973; amd. Sec. 8, Ch. 360, L. 1977; R.C.M. 1947, 82-4318; amd. Sec. 2, Ch. 111, L. 1987; amd. Sec. 1, Ch. 103, L. 1995; amd. Sec. 2, Ch. 172, L. 2001; amd. Sec. 2, Ch. 306, L. 2017.
MT Code § 2-9-306 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 3. Claims and Actions|2-9-306. Construction of policy conditions -- customary exclusions

  2-9-306. Construction of policy conditions -- customary exclusions. Any insurance policy, rider, or endorsement issued and purchased after July 1, 1973, to insure against any risk which may arise as a result of the application of parts 1 through 3 of this chapter which contains any condition or provision not in compliance with the requirements of parts 1 through 3 shall not be rendered invalid thereby but shall be construed and applied in accordance with such conditions and provisions as would have applied had such policy, rider, or endorsement been in full compliance with parts 1 through 3, provided the policy is otherwise valid. This section may not be construed to prohibit any such insurance policy, rider, or endorsements from containing standard and customary exclusions of coverages that the department of administration considers reasonable and prudent upon considering the availability and the cost of such insurance coverages.   History: En. Sec. 8, Ch. 380, L. 1973; R.C.M. 1947, 82-4308; amd. Sec. 8, Ch. 184, L. 1979.
MT Code § 2-9-307 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 9. Liability Exposure and Insurance Coverage|Part 3. Claims and Actions|2-9-307. through 2-9-310 reserved

  2-9-307 through 2-9-310 reserved.