Missouri Revised Statutes

Mo. Rev. Stat. § 105.721 (2026)

Fund may be used to purchase insurance against liabilities

✓ current as of May 2026

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105.721. Fund may be used to purchase insurance against liabilities — report — surety bonds, judicial acts or omissions. — 1. The commissioner of administration may, in his discretion, direct that any or all of the moneys appropriated to the state legal expense fund be expended to procure one or more policies of insurance to insure against all or any portion of the potential liabilities of the state of Missouri or its agencies, officers, and employees.

2. Until July 1, 1996, the commissioner of administration may procure one or more policies of insurance or reinsurance to insure against all potential losses from liabilities incurred by the state legal expense fund under paragraphs (d) and (e) of subdivision (3) of subsection 2 of section 105.711. On or before January 1, 1996, the commissioner of administration shall prepare and distribute a report regarding the cost effectiveness of insuring against potential losses to the state under paragraphs (d) and (e) of subdivision (3) of subsection 2 of section 105.711, by the direct purchase of an insurance policy or policies as compared to self-insuring against such losses through appropriations to the state legal expense fund under section 105.711. The report shall be submitted to the governor, the speaker of the house of representatives, the president pro tempore of the senate, and upon request to any member of the general assembly.

3. After consultation with the state courts administrator, the commissioner of administration shall procure such surety bonds as are required by statute and such surety bonds as he deems necessary to protect the state against loss from the acts or omissions of any person within the judiciary that receives compensation from the state. No other bond for such person shall be required for the protection of the state. A copy of any bond procured pursuant to this section shall be filed with the secretary of state.

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(L. 1983 S.B. 275, A.L. 1993 H.B. 564 merged with S.B. 395)

Notes of Decisions

Cited in 6 cases, 1994–2014 · leading case: Kesterson v. Wallut, 157 S.W.3d 675 (Mo. Ct. App. 2004).

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Kesterson v. Wallut, 157 S.W.3d 675 (Mo. Ct. App. 2004). · cites it 9× “the aggregate of payments from the state legal expense fund and from any policy of insurance procured pursuant to the provisions of section 105.721 shall not exceed the limits of liability as provided in sections 537.”

P.L.S. ex rel. Shelton v. Koster, 360 S.W.3d 805 (Mo. Ct. App. 2011). · cites it 24× “Second, section 105.721 provides for the purchase of insurance for the State of Missouri, its agencies, officers, and employees.”

Dixon v. Holden, 923 S.W.2d 370 (Mo. Ct. App. 1996). · cites it 5× “Second, § 105.721 provides for the purchase of insurance for the state of Missouri, its agencies, officers, and employees.”

Pls Ex Rel. Shelton v. Koster, 360 S.W.3d 805 (Mo. Ct. App. 2012). · cites it 24× “Second, section 105.721 provides for the purchase of insurance for the State of Missouri, its agencies, officers, and employees.”

State ex rel: Amanda Pryor v. Douglas Nelson & Chris Koster, 450 S.W.3d 811 (Mo. Ct. App. 2014). · cites it 2× “716; (2) to provide “for the purchase of insurance for the State of Missouri, its agencies, officers, and employees,” Section 105.721; and (3) to provide “for the payment of judgments against various employees and the State,” Section 105.”

Casady v. Bd. of Governors, 875 S.W.2d 909 (Mo. Ct. App. 1994). “Although § 105.721 states that the commissioner of administration “may, in his discretion,” purchase insurance policies -with moneys from the State Legal Expense Fund to protect against potential liabilities of the State or its agencies, officers, or employees, nowhere in §§ 105.”

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