537.755. Fund money not available for certain purposes, exception.
Fund money not available for certain purposes, exception.
537.755. 1. Except as provided in subsection 3 of thissection, moneys in the Missouri public entity risk managementfund shall not be available to pay the following:
(1) Claims made under chapter 287, RSMo;
(2) Fines or penalties threatened or imposed for violationof any civil or criminal statute, administrative regulation orcounty or municipal ordinance;
(3) Attorney's fees and expenses incurred in the defense ofcharges that criminal statutes or county or municipal ordinanceswere violated;
(4) Claims against any participating public entity orofficer or employee of a participating public entity which werebrought by or rendered in favor of any participating publicentity or officer or employee of a participating public entityacting in an official capacity;
(5) Claims against those who are independent contractorswith a participating public entity, its officers or employees;
(6) Claims against participating public entities, itsofficers or employees who fail to cooperate with the personsconducting any investigation and preparing any defense asrequired by section 537.745.
2. No payment shall be made from the fund or any policy ofinsurance procured by the fund unless and until the benefitsprovided to pay the claim by any other policy of liabilityinsurance have been exhausted.
3. The fund may be available to pay claims on behalf ofpublic entities to whom or to which a public entity participatingin the Missouri public entity risk management fund is obligatedby virtue of a written contract to provide coverage such as isafforded in the contract, consistent with rules promulgated bythe board of trustees of the Missouri public entity riskmanagement fund.
(L. 1986 H.B. 1435 & 1461, A.L. 1988 S.B. 532)Effective 6-2-88