Effective - 28 Aug 1959
71.185. Tort liability for governmental acts, insurance, trial. — 1. Any municipality engaged in the exercise of governmental functions may carry liability insurance and pay the premiums therefor to insure such municipality and their employees against claims or causes of action for property damage or personal injuries, including death, caused while in the exercise of the governmental functions, and shall be liable as in other cases of torts for property damage and personal injuries including death suffered by third persons while the municipality is engaged in the exercise of the governmental functions to the extent of the insurance so carried.
2. In all suits brought against the municipality for tort damages suffered by anyone while the municipality is engaged in the exercise of governmental functions, it shall be unlawful for the amount of insurance so carried to be shown in evidence, but the court shall be informed thereof and shall reduce any verdict rendered by a jury for an amount in excess of such insurance to the amount of the insurance coverage for the claim.
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(L. 1959 S.B. 346 §§ 1, 2)
(1977) Statutes which contain disclaimer provisions that they shall not be construed as waiver of sovereign immunity show desirability of providing relief rather than legislative expression favoring retention of sovereign immunity. Jones v. State Highway Commission (Mo.), 557 S.W.2d 225.
(1979) A school district is not a "municipality" for purposes of statute which waives the sovereign immunity of a municipality for torts committed while exercising a governmental function if and to the extent the municipality carries liability insurance. Beiser v. Parkway School District (Mo.), 589 S.W.2d 277.
(1985) Held, for purposes of section 71.185, RSMo, the St. Louis Housing Authority is not a "municipality". State ex rel. St. Louis Housing Authority v. Gaertner, 695 S.W.2d 460.
(1987) The operation and supervision of a police department does constitute a governmental function and city may be liable to the extent of liability insurance purchased for the alleged negligent acts of police officers. Nelson v. City of Chester, Ill., 733 S.W.2d 28 (Mo.App.).
Structure Missouri Revised Statutes
Title VII - Cities, Towns and Villages
Chapter 71 - Provisions Relative to All Cities and Towns
Section 71.010 - Ordinances to conform to state law.
Section 71.016 - Annexation of noncontiguous territory, when allowed.
Section 71.018 - Exclusion of prior area from jurisdiction, when.
Section 71.019 - Condemnation authorized — bonds, how issued — cooperation authorized.
Section 71.020 - Changing name of town.
Section 71.030 - Proceedings before presentation of petition to change name.
Section 71.040 - Duty of the secretary of state.
Section 71.050 - Petition to change name — consideration — notice.
Section 71.060 - Order to change name.
Section 71.070 - Order to change name — duty of secretary of state — duty of courts.
Section 71.080 - Change not to affect rights accrued.
Section 71.090 - Unincorporated town or village — change of name.
Section 71.100 - May sell and convey commons.
Section 71.110 - Sale of commons — ordinances authorized.
Section 71.120 - Property held in trust.
Section 71.130 - Breach of trust — proceedings.
Section 71.140 - Purchase of Missouri products.
Section 71.150 - Property qualifications for officers not required.
Section 71.160 - Special census — qualifications and oath of supervisor.
Section 71.170 - Special census — enumerators — results certified.
Section 71.180 - Special census — compensation, supervisor and enumerators.
Section 71.185 - Tort liability for governmental acts, insurance, trial.
Section 71.200 - Police force, appointment of men and women.
Section 71.220 - City prisoners, labor on public works — fines payable in installments.
Section 71.230 - Unimproved additions, how vacated.
Section 71.250 - Duty of county commission — procedure.
Section 71.260 - What consent necessary.
Section 71.270 - Streets, easements and commons in subdivision outside limits — petition — notice.
Section 71.280 - Section 71.270 not applicable to state or county road.
Section 71.286 - Display of the United States flag, political subdivisions not to regulate.
Section 71.288 - Restrictions on outdoor advertising — fee.
Section 71.290 - Public improvement — state or federal aid — procedures.
Section 71.300 - Courthouses and jails — erection and maintenance.
Section 71.310 - Armories — acquisition, maintenance.
Section 71.320 - Armories, not owned or leased by cities — maintenance.
Section 71.330 - Term maintenance defined.
Section 71.340 - Construction and repair of public roads — annual appropriation.
Section 71.350 - Parking facilities for motor vehicles, certain cities.
Section 71.360 - Parking facilities, how financed.
Section 71.365 - Sidewalks to have wheelchair ramps — specifications for — when required.
Section 71.367 - Deviations authorized, when.
Section 71.370 - Contracts for fire protection between incorporated cities.
Section 71.380 - Fire protection contracts.
Section 71.390 - Payments under contracts.
Section 71.400 - Cities may maintain joint fire departments.
Section 71.410 - Joint contract — validity.
Section 71.420 - Joint fire department committee — duties.
Section 71.430 - Joint fire department — use of building.
Section 71.440 - Joint fire department — cost of maintenance, how met.
Section 71.450 - Joint fire department — bond election — tax increase.
Section 71.470 - Joint fire department — issuance of bonds — imposition of tax.
Section 71.480 - Joint fire department — denomination and form of bonds.
Section 71.490 - Joint fire department — bonds, notice of sale.
Section 71.500 - Joint fire department — bonds to be registered.
Section 71.510 - Joint fire department — use of moneys from bonds.
Section 71.520 - Certain privileges granted to public utilities.
Section 71.527 - Annexation, provision of cable television services.
Section 71.540 - Municipal water supply — contracts.
Section 71.550 - Water supply contract — voter approval.
Section 71.560 - Use of streets for railway purposes — petition of property owners.
Section 71.570 - Street railways — powers of municipality limited.
Section 71.580 - Proceedings before granting of franchise to street railroads.
Section 71.600 - Damages defined.
Section 71.610 - Imposition of tax on business, when.
Section 71.630 - Imposition of tax on producer prohibited, when.
Section 71.640 - Tax for band fund authorized.
Section 71.650 - Tax for band fund — limitations.
Section 71.660 - Discontinuance of tax for band fund, procedure.
Section 71.670 - Band fund — expenditures — contract with band.
Section 71.690 - Garbage disposal — ordinances authorized.
Section 71.700 - Water supply — authorization to regulate and license.
Section 71.710 - Water supply — protection of sources.
Section 71.715 - Sewerage service charges may be imposed, how collected — use of proceeds.
Section 71.720 - Milk — regulation — inspection.
Section 71.760 - Smoke nuisance — penalty.
Section 71.770 - Smoke nuisance — enforcement of penalty.
Section 71.780 - Nuisances — expense of suppression, how paid.
Section 71.794 - Establishing or altering size of district, procedure.
Section 71.796 - Powers of governing body in establishing and maintaining district.
Section 71.798 - Governing body to determine expenditures.
Section 71.802 - General obligation bonds authorized, when — election, notice of — form of ballot.
Section 71.804 - Revenue bonds authorized, when — refunding of revenue bonds authorized.
Section 71.806 - Bonds, term of, form, interest rate, private sale authorized.
Section 71.808 - Benefit determinations by legislative body of city to be conclusive.
Section 71.860 - Application of section 71.015 — exceptions.
Section 71.870 - Separate elections required for annexation — effective when.
Section 71.900 - Form of ballot.
Section 71.910 - Proposition not to be resubmitted, when.
Section 71.922 - Certain annexations effective on date determined by jurisdictions involved.
Section 71.940 - Codification and compilation of ordinances, defined.
Section 71.946 - Supplements to code to be deemed part of original code.
Section 71.948 - Copies of code on file with municipal clerks and open to public.
Section 71.980 - Financially insolvent municipalities, state not liable for debt.