Missouri § 71.185 - Tort liability for governmental acts, insurance, trial.
Full text of Missouri Revised Statutes of Missouri § 71.185 — Tort liability for governmental acts, insurance, trial., with citation guidance and answers to common questions.
§ 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.).
---- end of effective 28 Aug 1959 ----
Source: official Missouri text · Last verified 2026-08-27
Frequently Asked Questions About Missouri § 71.185
What does Revised Statutes of Missouri § 71.185 cover?
Section 71.185 ("Tort liability for governmental acts, insurance, trial.") is part of the Revised Statutes of Missouri, the codified statutory law of Missouri. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Missouri § 71.185?
A common citation format is "Revised Statutes of Missouri § 71.185" (Missouri). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Missouri law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Missouri official source linked on this page or consult a licensed Missouri attorney.
How does Missouri § 71.185 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Missouri can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Missouri.