Section 71.185

Title VII CITIES, TOWNS AND VILLAGES

Chapter 71

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.

­­--------

(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.).