105.1070. State-controlled motor vehicles, aircraft and marine vessels, liability insurance for operators of to be provided.

MISSOURI STATUTES AND CODES

105.1070. State-controlled motor vehicles, aircraft and marine vessels, liability insurance for operators of to be provided.

State-controlled motor vehicles, aircraft and marine vessels,liability insurance for operators of to be provided.

105.1070. The commissioner of administration may procure under theprovisions of chapter 34, RSMo, motor vehicle, aircraft, and marineliability insurance covering the operation of state-controlled motorvehicles, aircraft, and marine vessels by state employees, members of theMissouri national guard, or agents in the course of their employment,military duties, or the scope of their agency, or for dangerous conditionsof property as defined in section 537.600, RSMo; provided, however, that inlieu of procuring insurance to cover such risks, the commissioner maydetermine that the state shall self-insure or assume all or any portion ofsuch risks. Each department and agency of state government shall providethe commissioner with such information regarding the risks to be insured asthe commissioner deems necessary. The procurement of liability insuranceor the adoption of a plan of self-insurance by the commissioner ofadministration shall not limit the express waiver of sovereign immunity inall cases within such situations specified therein whether or not thepublic entity was functioning in a governmental or proprietary capacity orwhether or not the public entity is: (1) covered by liability insurance ora self-insurance plan or (2) uninsured. In the other situations specifiedin this section, and in such other situations of tort liability for whichinsurance or a self-insurance plan is obtained or provided, sovereignimmunity is waived to the maximum amount of, and for the purposes coveredby, such policy of insurance or self-insurance plan, provided thatsovereign immunity in instances other than those specified in subdivisions(1) and (2) of section 537.600, RSMo, shall be retained in the event thepublic entity elects not to procure insurance or to implement aself-insurance plan under the provisions of sections 537.620 to 537.650,RSMo.