537.610. Liability insurance for tort claims may be purchased by whom--limitation on waiver of immunity--maximum amount payable for claims out of single occurrence--exception--apportionment of settlem - Missouri Statutes

Liability insurance for tort claims may be purchased bywhom--limitation on waiver of immunity--maximum amount payablefor claims out of single occurrence--exception--apportionment ofsettlements--inflation--penalties.

537.610. 1. The commissioner of administration, through thepurchasing division, and the governing body of each political subdivisionof this state, notwithstanding any other provision of law, may purchaseliability insurance for tort claims, made against the state or thepolitical subdivision, but the maximum amount of such coverage shall notexceed two million dollars for all claims arising out of a singleoccurrence and shall not exceed three hundred thousand dollars for any oneperson in a single accident or occurrence, except for those claims governedby the provisions of the Missouri workers' compensation law, chapter 287,RSMo, and no amount in excess of the above limits shall be awarded orsettled upon. Sovereign immunity for the state of Missouri and itspolitical subdivisions is waived only to the maximum amount of and only forthe purposes covered by such policy of insurance purchased pursuant to theprovisions of this section and in such amount and for such purposesprovided in any self-insurance plan duly adopted by the governing body ofany political subdivision of the state.

2. The liability of the state and its public entities on claimswithin the scope of sections 537.600 to 537.650, shall not exceed twomillion dollars for all claims arising out of a single accident oroccurrence and shall not exceed three hundred thousand dollars for any oneperson in a single accident or occurrence, except for those claims governedby the provisions of the Missouri workers' compensation law, chapter 287,RSMo.

3. No award for damages on any claim against a public entity withinthe scope of sections 537.600 to 537.650, shall include punitive orexemplary damages.

4. If the amount awarded to or settled upon multiple claimantsexceeds two million dollars, any party may apply to any circuit court toapportion to each claimant his proper share of the total amount limited bysubsection 1 of this section. The share apportioned each claimant shall bein the proportion that the ratio of the award or settlement made to himbears to the aggregate awards and settlements for all claims arising out ofthe accident or occurrence, but the share shall not exceed three hundredthousand dollars.

5. The limitation on awards for liability provided for in thissection shall be increased or decreased on an annual basis effectiveJanuary first of each year in accordance with the Implicit Price Deflatorfor Personal Consumption Expenditures as published by the Bureau ofEconomic Analysis of the United States Department of Commerce. The currentvalue of the limitation shall be calculated by the director of thedepartment of insurance, financial institutions and professionalregistration, who shall furnish that value to the secretary of state, whoshall publish such value in the Missouri Register as soon after eachJanuary first as practicable, but it shall otherwise be exempt from theprovisions of section 536.021, RSMo.

6. Any claim filed against any public entity under this section shallbe subject to the penalties provided by supreme court rule 55.03, or anysuccessor rule.

(L. 1978 H.B. 1650 § 2, A.L. 1989 H.B. 161, A.L. 1999 S.B. 295 & 46, A.L. 2009 H.B. 481)

CROSS REFERENCE:

Liability of state and public entities, increases to be effective on certain causes of actions, when, RSMo 537.615

(2000) Statutory cap does not apply to postjudgment interest on damage awards against the State. Benoit v. Missouri Highway and Transportation Commission, 33 S.W.3d 663 (Mo.App.S.D.).