226.092. Commission may provide automobile liability insurance, when--self-insured and partial self-insured plans, when.
Commission may provide automobile liability insurance,when--self-insured and partial self-insured plans, when.
226.092. The state highways and transportation commission isauthorized, when considered by it to be in the public interest, to provideliability insurance covering the operation of all motor vehicles andequipment, including airplanes and boats, owned, leased, rented, oroperated pursuant to commission authorization and used in the performanceof official commission or department business. The commission isauthorized to provide such insurance coverage for all authorized operators,as determined by the commission, and the commission's liability by a planof self-insurance operated in accordance with commercial insurance industrystandards for fleet vehicle coverage or by a plan partially self-insuredand partially insured by a contract of insurance with an insurance companyor by a plan fully insured by a contract of insurance with an insurancecompany as the commission deems to be in the public interest. If thecommission provides for a plan of self-insurance or partial self-insurance,it shall annually determine the amount of contribution to the plan requiredto pay all accrued and anticipated claims and the cost of administering theplan and shall include such amount in its budget request for contributionto the commission's self-insurance plan. The commission may contract forthe services of such actuaries, consultants, and claims administrators asit deems necessary for the effective administration of a self-insuranceplan and is authorized to contract for excess insurance coverage with aninsurance company authorized to write such coverage in this state. Theimmunity in tort actions of the state and the commission shall not be inany way affected by this section.
(L. 1971 H.B. 60 § 1, A.L. 1986 S.B. 524, A.L. 2004 H.B. 1285 merged with S.B. 1233, et al.)(1977) Statutes which contain disclaimer provisions that they shall not be construed as a waiver of sovereign immunity show desirability of providing relief rather than legislative expression favoring retention of sovereign immunity. Jones v. State Highway Commission (Mo.), 577 S.W.2d 225.