FIRST REGULAR SESSION
SENATE BILL NO. 454
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR TRENT.
0127S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 537.610, RSMo, and to enact in lieu thereof one new section relating to the
purchasing of liability insurance for tort claims made against public entities.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 537.610, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 537.610, 2
to read as follows:3
537.610. 1. The commissioner of administration, 1
through the purchasing division, and the governin g body of 2
each political subdivision of this state, notwithstanding 3
any other provision of law, may purchase liability insurance 4
for tort claims, made against the state or the political 5
subdivision, but the maximum amount of such coverage shall 6
not exceed two million dollars for all claims arising out of 7
a single occurrence and shall not exceed three hundred 8
thousand dollars for any one person in a single accident or 9
occurrence, except for those claims governed by the 10
provisions of the Missouri wor kers' compensation law, 11
chapter 287, and no amount in excess of the above limits 12
shall be awarded or settled upon. Sovereign immunity for 13
the state of Missouri and its political subdivisions is 14
waived only to the maximum amount of and only for the 15
purposes covered by such policy of insurance purchased 16
pursuant to the provisions of this section and in such 17
amount and for such purposes provided in any self -insurance 18 SB 454 2
plan duly adopted by the governing body of any political 19
subdivision of the state. For purposes of this section, the 20
term "purchase" refers only to the direct acquisition by a 21
governing body of a political subdivision of this state of 22
insurance coverage from an insurance company or other 23
business entity and does not include any indir ect action by 24
contract or otherwise including, but not limited to, 25
requiring additional coverage or insured status under the 26
insurance policy of another person or entity. 27
2. The liability of the state and its public entities 28
on claims within the scope of sections 537.600 to 537.650, 29
shall not exceed two million dollars for all claims arising 30
out of a single accident or occurrence and shall not exceed 31
three hundred thousand dollars for any one person in a 32
single accident or occurrence, except f or those claims 33
governed by the provisions of the Missouri workers' 34
compensation law, chapter 287. 35
3. No award for damages on any claim against a public 36
entity within the scope of sections 537.600 to 537.650, 37
shall include punitive or exemplary d amages. 38
4. If the amount awarded to or settled upon multiple 39
claimants exceeds two million dollars, any party may apply 40
to any circuit court to apportion to each claimant his 41
proper share of the total amount limited by subsection 1 of 42
this section. The share apportioned each claimant shall be 43
in the proportion that the ratio of the award or settlement 44
made to him bears to the aggregate awards and settlements 45
for all claims arising out of the accident or occurrence, 46
but the share shall not exc eed three hundred thousand 47
dollars. 48
5. The limitation on awards for liability provided for 49
in this section shall be increased or decreased on an annual 50 SB 454 3
basis effective January first of each year in accordance 51
with the Implicit Price Deflator for Personal Consumption 52
Expenditures as published by the Bureau of Economic Analysis 53
of the United States Department of Commerce. The current 54
value of the limitation shall be calculated by the director 55
of the department of commerce and insurance, who sha ll 56
furnish that value to the secretary of state, who shall 57
publish such value in the Missouri Register as soon after 58
each January first as practicable, but it shall otherwise be 59
exempt from the provisions of section 536.021. 60
6. Any claim filed against any public entity under 61
this section shall be subject to the penalties provided by 62
supreme court rule 55.03, or any successor rule. 63