Missouri Revised Statutes

Mo. Rev. Stat. § 537.700 (2026)

Public entity risk management fund established

✓ current as of May 2026

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537.700. Public entity risk management fund established — definitions — who may participate. — 1. There is hereby created the "Missouri Public Entity Risk Management Fund", which shall be a body corporate and politic. The board of trustees of this fund shall have the powers and duties specified in sections 537.700 to 537.755 and such other powers as may be necessary or proper to enable it, its officers, employees and agents to carry out fully and effectively all the purposes of sections 537.700 to 537.755.

2. Unless otherwise clearly indicated by the context, the following words and terms as used in sections 537.700 to 537.755 mean:

(1) "Board", the board of trustees of the Missouri public entity risk management fund;

(2) "Fund", the Missouri public entity risk management fund established by subsection 1 of this section;

(3) "Public entity", any city, county, township, village, town, municipal corporation, school district, special purpose or taxing district, or any other local public body created by the general assembly.

3. Any public entity may participate in the Missouri public entity risk management fund and use public funds to pay any assessment made in conjunction with the fund.

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(L. 1986 H.B. 1435 & 1461)

Effective 6-20-86

(2021) Hybrid entity as established by General Assembly does not perform a government function and is not directly answerable to the public; thus, it is not enough like a public entity to receive sovereign immunity. Estes as Next Friend for Doe v. Board of Trustees of Missouri Public Entity Risk Management Fund, 623 S.W.3d 678 (Mo.App.W.D.).

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1992–2024 · leading case: Stacy v. Truman Med. Ctr., 836 S.W.2d 911 (Mo. 1992).

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Stacy v. Truman Med. Ctr., 836 S.W.2d 911 (Mo. 1992). · cites it 4× “2(3), RSMo 1986, specifically defines "public entity" for purposes of sections 537.700 to 537.755, RSMo 1986 and Supp.”

Holmes v. Kansas City Missouri Bd. of Police Commissioners, 364 S.W.3d 615 (Mo. Ct. App. 2012). · cites it 2× “Under section 537.700, however, public entities are protected from suit in tort by sovereign immunity (with a few limited exceptions inapplicable here).”

Cnty. of Scotland v. Missouri Pub. Entity Risk Mgmt. Fund, 537 S.W.3d 358 (Mo. Ct. App. 2017). · cites it 2× “MO-PERM is a public corporate body created pursuant to section 537.700. 2 MOPERM provides liability coverage to local governments and their officers and employees when engaged in official duties.”

Topps v. City of Country Club Hills, 272 S.W.3d 409 (Mo. Ct. App. 2008). · cites it 3× “Section 537.700 RSMo (2000). "All public entities in Missouri shall have the option of participating in the fund” and "[p]articipation in the fund has the same effect as purchase of insurance by the public entity, as otherwise provided by law.”

P.L.S. ex rel. Shelton v. Koster, 360 S.W.3d 805 (Mo. Ct. App. 2011). · cites it 2× “Also, along the way, the legislature enacted a similar statute (sections 537.700, et seq.) designed to *810 provide protection for employees of municipalities and other political subdivisions in Missouri.”

Kquawanda Moore v. Lift for Life Academy, Inc., Defendant/Respondent., 489 S.W.3d 843 (Mo. Ct. App. 2016). “That fund (MOPERM) is created and governed by § 537.700 et seq., notably titled Risk Management for Public Entities.”

Brenda Estes, As Guardian & Next Friend for Jane Doe v. The Bd. of Trs. of The Missouri Pub. Entity Risk Mgmt. Fund In Their Off. Capacities (Mo. Ct. App. 2021). · cites it 15× “3 See section 537.700 et. seq. 2 also provided coverage to PCS's officers and employees as authorized by statute.”

Younger v. Missouri Pub. Entity Risk Mgmt. Fund, 957 S.W.2d 332 (Mo. Ct. App. 1997). “In so doing, the court noted that “the liability of public entities under sections 537.700 to 537.755 shall be the same as the liability of public entities under the sovereign immunity statute.”

Pls Ex Rel. Shelton v. Koster, 360 S.W.3d 805 (Mo. Ct. App. 2012). · cites it 2× “Also, along the way, the legislature enacted a similar statute (sections 537.700, et seq. ) designed to *810 provide protection for employees of municipalities and other political subdivisions in Missouri.”

Berry v. Missouri Dep't of Corr. Women's E. Reception, Diagnostic & Corr. Ctr. (E.D. Mo. 2024). · cites it 2× “See Mo. Rev. Stat. §§ 537.700 , et seq. In her amended complaint here, Berry avers “on information and belief” that the MDOC “has liability insurance and/or contributes to [MOPERM]” and thus has waived sovereign immunity.”

Dennis Epps v. City of Pine Lawn (8th Cir. 2003). “See Mo. Rev. Stat. §§ 537.700 , .745.1. Despite the statutory language maintaining sovereign immunity for subscriber entities, sovereign immunity can still be waived in certain instances.”

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