A majority of the Montana Supreme Court affirmed a lower court's ruling that the $750,000 statutory cap did not apply, and an insurer must provide Gallatin County, Montana, its $6.5 million policy limits for an underlying negligence lawsuit arising from an injury caused by a snowplow owned by the county. The case is Daniels v. Gallatin Cty., 2022 MT 137.

On January 12, 2017 Sarah Daniels was severely injured when a snowplow operated by a Gallatin County employee, Rick Blackwood, ran a stop sign and collided with her vehicle. The County admitted liability for Blackwood's conduct, as Blackwood was negligent and acting within the scope of his employment. The County also admitted that Daniels suffered permanent and life-altering injuries and her damages exceeded $750,000.

When the crash occurred, ASIC provided insurance to the County, with a policy period from July 1, 2016, to July 1, 2017. ASIC does not dispute that the policy provides coverage for the snowplow and the occurrence in question. The policy's stated limits were $1.5 million in business auto coverage and $5 million in excess coverage. The policy failed to mention the Montana codified statutory cap, at §2-9-108 MCA.  Following the crash, ASIC paid the Daniel's family the $750,000 limit according to the statutory cap, and not the policy limits.