Missouri Revised Statutes

Mo. Rev. Stat. § 71.185 (2026)

Tort liability for governmental acts, insurance, trial

✓ current as of May 2026

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71.185. Tort liability for governmental acts, insurance, trial. — 1. Any municipality engaged in the exercise of governmental functions may carry liability insurance and pay the premiums therefor to insure such municipality and their employees against claims or causes of action for property damage or personal injuries, including death, caused while in the exercise of the governmental functions, and shall be liable as in other cases of torts for property damage and personal injuries including death suffered by third persons while the municipality is engaged in the exercise of the governmental functions to the extent of the insurance so carried.

2. In all suits brought against the municipality for tort damages suffered by anyone while the municipality is engaged in the exercise of governmental functions, it shall be unlawful for the amount of insurance so carried to be shown in evidence, but the court shall be informed thereof and shall reduce any verdict rendered by a jury for an amount in excess of such insurance to the amount of the insurance coverage for the claim.

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(L. 1959 S.B. 346 §§ 1, 2)

(1977) Statutes which contain disclaimer provisions that they shall not be construed as waiver of sovereign immunity show desirability of providing relief rather than legislative expression favoring retention of sovereign immunity. Jones v. State Highway Commission (Mo.), 557 S.W.2d 225.

(1979) A school district is not a "municipality" for purposes of statute which waives the sovereign immunity of a municipality for torts committed while exercising a governmental function if and to the extent the municipality carries liability insurance. Beiser v. Parkway School District (Mo.), 589 S.W.2d 277.

(1985) Held, for purposes of section 71.185, RSMo, the St. Louis Housing Authority is not a "municipality". State ex rel. St. Louis Housing Authority v. Gaertner, 695 S.W.2d 460.

(1987) The operation and supervision of a police department does constitute a governmental function and city may be liable to the extent of liability insurance purchased for the alleged negligent acts of police officers. Nelson v. City of Chester, Ill., 733 S.W.2d 28 (Mo.App.).

Notes of Decisions

Cited in 50 cases (4 in the last 5 years), 1975–2025 · leading case: Beiser Ex Rel. Beiser v. Parkway Sch. Dist., 589 S.W.2d 277 (Mo. 1979).

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Beiser Ex Rel. Beiser v. Parkway Sch. Dist., 589 S.W.2d 277 (Mo. 1979). · cites it 46× “Appellant asserts that the school district is a "municipality" for the purpose of § 71.185, RSMo 1978. Accordingly, appellant contends that respondent is liable under the statute to the extent of its insurance coverage.”

Bartley v. Special Sch. Dist. of St. Louis Cnty., 649 S.W.2d 864 (Mo. 1983). · cites it 17× “1982); Section 71.185, RSMo 1969, gave express statutory consent to municipalities to purchase insurance and to be sued to the policy limits for torts committed in governmental capacity functions.”

State Ex Rel. St. Louis Hous. Auth. v. Gaertner, 695 S.W.2d 460 (Mo. 1985). · cites it 15× “040, RSMo 1978, is a municipality for immunity purposes, and hence falls under the municipality waiver of § 71.185, RSMo 1978. This Court has held the Housing Authority to be a municipality for municipal cooperation agreements.”

Brennan Ex Rel. Brennan v. Curators of the Univ. of Missouri, 942 S.W.2d 432 (Mo. Ct. App. 1997). · cites it 13× “Judge Mann then argued that the city had waived its immunity under *436 § 71.185, RSMo 1994 3 by purchasing liability insurance.”

Southers v. City of Farmington, 263 S.W.3d 603 (Mo. 2008). · cites it 4× “Section 71.185 (pertaining to municipalities); section 537.”

Kunzie v. City of Olivette, 184 S.W.3d 570 (Mo. 2006). · cites it 6× “610 and the imposition of liability under section 71.185. Section 71.185 applies to claims against municipalities for personal injury or property damage while in the exercise of governmental functions and provides that municipalities “shall be liable as in other cases of torts.”

Gregg v. City of Kansas City, 272 S.W.3d 353 (Mo. Ct. App. 2008). · cites it 7× “Claims against the City Section 71.185 provides that [a]ny municipality engaged in the exercise of governmental functions may carry liability insurance and pay the premiums therefor to insure such municipality and their employees against claims or causes of action for property…”

Oberkramer v. City of Ellisville, 650 S.W.2d 286 (Mo. Ct. App. 1983). · cites it 7× “However, in order to plead a cause of action against a municipality for torts arising out of a governmental function, plaintiffs must affirmatively plead § 71.185 or plead facts which would bring them within the purview of the statute.”

Jones v. State High. Comm'n, 557 S.W.2d 225 (Mo. 1977). · cites it 4× “[13] Judge Finch takes the position, with which we agree, that statutes such as § 71.185, RSMo 1969, relating to liability insurance to cover municipal liability for tort claims in connection with governmental functions, § 105.”

Owen v. City of Indep., 445 U.S. 622 (1980). · cites it 2× “§ 24-10-104 (1973); Mo. Rev. Stat. § 71.185 (1978); N. C. Gen.”

Par. v. Novus Equities Co., 231 S.W.3d 236 (Mo. Ct. App. 2007). · cites it 6× “Point II In their second point, the Homeowners claim the trial court erred in granting the City’s Motion for Summary Judgment as to Count VI of the Homeowners’ second amended petition because the City waived sovereign immunity by procuring an insurance policy pursuant to Section…”

Newson v. City of Kansas City, 606 S.W.2d 487 (Mo. Ct. App. 1980). · cites it 7× “The plaintiff contends, rather, that § 71.185, RSMo 1978, which allows a municipality to insure against injury from tortious exercise of governmental performance, invests the petition with an element of fact which precludes judgment by dismissal: that is, whether a policy of…”

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