Effective - 02 Jun 1988
537.755. Fund money not available for certain purposes, exception. — 1. Except as provided in subsection 3 of this section, moneys in the Missouri public entity risk management fund shall not be available to pay the following:
(1) Claims made under chapter 287;
(2) Fines or penalties threatened or imposed for violation of any civil or criminal statute, administrative regulation or county or municipal ordinance;
(3) Attorney's fees and expenses incurred in the defense of charges that criminal statutes or county or municipal ordinances were violated;
(4) Claims against any participating public entity or officer or employee of a participating public entity which were brought by or rendered in favor of any participating public entity or officer or employee of a participating public entity acting in an official capacity;
(5) Claims against those who are independent contractors with a participating public entity, its officers or employees;
(6) Claims against participating public entities, its officers or employees who fail to cooperate with the persons conducting any investigation and preparing any defense as required by section 537.745.
2. No payment shall be made from the fund or any policy of insurance procured by the fund unless and until the benefits provided to pay the claim by any other policy of liability insurance have been exhausted.
3. The fund may be available to pay claims on behalf of public entities to whom or to which a public entity participating in the Missouri public entity risk management fund is obligated by virtue of a written contract to provide coverage such as is afforded in the contract, consistent with rules promulgated by the board of trustees of the Missouri public entity risk management fund.
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(L. 1986 H.B. 1435 & 1461, A.L. 1988 S.B. 532)
Effective 6-02-88
Structure Missouri Revised Statutes
Title XXXVI - Statutory Actions and Torts
Chapter 537 - Torts and Actions for Damages
Section 537.010 - Action for damages to property to survive regardless of death of either party.
Section 537.030 - Section 537.010 not to extend to what action.
Section 537.033 - Design professionals — peer review process, requirements.
Section 537.037 - Emergency care, no civil liability, exceptions (Good Samaritan law).
Section 537.050 - Civil action not merged in criminal prosecution.
Section 537.055 - Operation of a motorcycle not evidence of comparative negligence.
Section 537.060 - Contribution between tort-feasors — release of one or more, effect.
Section 537.068 - Court may enter remittitur order or increase jury award, when.
Section 537.069 - Provisions of certain laws applicable to all causes of action.
Section 537.080 - Action for wrongful death — who may sue — limitation.
Section 537.085 - Defenses to wrongful death action.
Section 537.090 - Damages to be determined by jury — factors to be considered.
Section 537.100 - Limitation of action — effect of absence of defendant and nonsuit.
Section 537.105 - Radio station not liable for defamation, when.
Section 537.110 - What words are actionable.
Section 537.115 - Food donation or distribution, limited liability, when.
Section 537.120 - Physician not liable for restraint of mentally incapacitated persons.
Section 537.125 - Shoplifting — detention of suspect by merchant — liability presumption.
Section 537.130 - Liability for damages caused by riotous assemblage.
Section 537.170 - Waiver of rights to damages by blind employee.
Section 537.190 - Fellow servant defined.
Section 537.200 - Vice-principals defined.
Section 537.210 - Contracts limiting liability invalid.
Section 537.220 - Construction and application of sections 537.180 to 537.210.
Section 537.240 - Railroads and railroad corporation or companies — terms construed.
Section 537.270 - Insufficient fence on railroad — stock killed — damages.
Section 537.280 - Injury to stock by railroad — agreed damages — payment, when.
Section 537.290 - Failure to pay agreed damages — double damages.
Section 537.295 - Agricultural operation not to be deemed a nuisance, when — exceptions — costs.
Section 537.300 - Penalty for driving away of others' stock by drovers.
Section 537.310 - Proceedings under section 537.300.
Section 537.320 - Judgment — execution.
Section 537.345 - Definitions for sections 537.345 to 537.347 and 537.351.
Section 537.348 - Landowner liable, when — definitions.
Section 537.350 - Double damages for throwing down gates and fences — exception.
Section 537.360 - Single damages only recoverable, when.
Section 537.370 - Penalties, how recovered.
Section 537.380 - Fires from railroad engines — damages.
Section 537.400 - Double damages for willful fires.
Section 537.410 - Damages for backwater caused by boom across stream — attorney's fee.
Section 537.420 - Tenant for life or years liable for treble damages for waste.
Section 537.430 - Who may sue.
Section 537.440 - Heirs may sue for waste, when.
Section 537.450 - Tenant holding land after having aliened it liable for waste.
Section 537.460 - Tenants liable to cotenants, when.
Section 537.470 - Conservators, liable for waste, when.
Section 537.480 - What damages recovered for waste.
Section 537.490 - Treble damages if waste was wantonly committed.
Section 537.500 - Where waste committed pending suit, receiver may take possession.
Section 537.510 - Actions for waste, brought against whom.
Section 537.520 - Interest as part of damages.
Section 537.524 - Injunction and damages for interference with lawful hunting and trapping.
Section 537.600 - Sovereign immunity in effect — exceptions.
Section 537.615 - Liability of state increase to apply, when.
Section 537.625 - Procedure to form insurance entity.
Section 537.630 - Director to approve articles and issue license.
Section 537.640 - Director to examine — renewal license fee — amendments to articles.
Section 537.645 - Director may take charge of entity, when.
Section 537.650 - Premium tax not required.
Section 537.684 - Filing of a claim, determining compensation, procedure — payment of claims.
Section 537.687 - Medical records submitted, when — violation, penalty.
Section 537.715 - Board of trustees — officers.
Section 537.720 - Board, meetings — quorum — expenses.
Section 537.725 - Board — records — reports — principal office — seal.
Section 537.730 - Board — duties — rulemaking authority — subpoena power — prohibited activities.
Section 537.735 - Fund account, how maintained.
Section 537.745 - Construction of provisions.
Section 537.750 - Exhaustion of fund, claims to be prorated.
Section 537.755 - Fund money not available for certain purposes, exception.
Section 537.756 - Maximum amount payable from fund — how calculated.
Section 537.760 - Products liability claim defined.
Section 537.785 - Citation of law — definitions.
Section 537.850 - Citation of law — definitions.
Section 537.859 - Immunity from liability, when — affirmative defense.
Section 537.1000 - Definitions.
Section 537.1010 - Health care providers, immunity from liability, exceptions.