reglab/housing_qa huggingface dataset:
MO Rev Stat § 537.690 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|Section 537.690 - Petition for review of a decision by the division filed with commission — judicial review permitted, when.

Effective - 28 Aug 2001   537.690. Petition for review of a decision by the division filed with commission — judicial review permitted, when. — 1. Any of the parties to a decision of the division on a claim heard under the provisions of sections 537.675 to 537.693 may, within thirty days following the date of notification or mailing of such decision, file a petition with the labor and industrial relations commission to have the decision reviewed by the commission. The commission may allow or deny a petition for review. If a petition is allowed, the commission may affirm, reverse or set aside the decision of the division on the basis of the evidence previously submitted in such case or may take additional evidence or may remand the matter to the division with directions. The commission shall promptly notify the parties of its decision and the reasons therefor.  2. Any petition for review filed pursuant to subsection 1 of this section shall be deemed to be filed as of the date endorsed by the United States Postal Service on the envelope or container in which such petition is received.  3. Any party who is aggrieved by a final decision of the commission entered pursuant to the provisions of subsections 1 and 2 of this section may seek judicial review thereof by appealing, within twenty days of a final decision to the appellate court having jurisdiction in the area where the appellant resides. In such proceedings the attorney general, on behalf of the tort victims' compensation fund, shall defend the decision of the commission. The commission shall not be a party in such actions. ­­-------- (L. 2001 H.B. 107)
MO Rev Stat § 537.700 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|Section 537.700 - Public entity risk management fund established — definitions — who may participate.

Effective - 20 Jun 1986   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. ­­-------- (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.).
MO Rev Stat § 537.710 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|Section 537.710 - Board of trustees established — members, appointment, qualifications, terms, liability limited.

Effective - 20 Jun 1986   537.710. Board of trustees established — members, appointment, qualifications, terms, liability limited. — 1. There is hereby established a "Board of Trustees" of the Missouri public entity risk management fund which shall consist of the attorney general, the commissioner of administration and four members, appointed by the governor with the advice and consent of the senate, who are officers or employees of those public entities participating in the fund. No more than two members appointed by the governor shall be of the same political party. The members appointed by the governor shall serve four-year terms, except that the original appointees shall be appointed for the following terms: One for one year, one for two years, one for three years, and one for four years. Any vacancies occurring on the board shall be filled in the same manner. In appointing the initial board of trustees the governor may anticipate which public entities will participate in the fund, and the appointees may serve the terms designated herein, unless they sooner resign or are removed in accordance with law.  2. No trustee shall be liable personally in any way with respect to claims made against the fund or against entities or individuals covered by the fund. ­­-------- (L. 1986 H.B. 1435 & 1461)  Effective 6-20-86
MO Rev Stat § 537.715 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|Section 537.715 - Board of trustees — officers.

Effective - 20 Jun 1986   537.715. Board of trustees — officers. — 1. The board shall elect one of their members as chairman. He shall preside over meetings of the board and perform such other duties as shall be required by action of the board.  2. The chairman shall appoint another board member as vice chairman, and the vice chairman shall perform the duties of the chairman in the absence of the latter or upon his inability or refusal to act.  3. The board shall appoint a secretary who shall have charge of the offices and records of the fund, subject to the direction of the board.  4. Any summons or writ issued by the courts of the state shall be served upon the chairman, or, in his absence, on the vice chairman, or upon a registered agent which the board shall designate. ­­-------- (L. 1986 H.B. 1435 & 1461)  Effective 6-20-86
MO Rev Stat § 537.720 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|Section 537.720 - Board, meetings — quorum — expenses.

Effective - 20 Jun 1986   537.720. Board, meetings — quorum — expenses. — 1. The board shall meet in Jefferson City, Missouri, upon the written call of the chairman or by the agreement of any three members of the board. Notice of the meeting shall be delivered to all other trustees in person or by depositing notice in a United States post office in a properly stamped and addressed envelope not less than six days prior to the date fixed for the meeting. The board may meet at any time by unanimous mutual consent. There shall be at least one meeting in each quarter.  2. Four trustees shall constitute a quorum for the transaction of business, and any official action of the board shall be based on a majority vote of the trustees present.  3. The trustees shall serve without compensation but shall receive from the fund their actual and necessary expenses incurred in the performance of their duties for the board.  4. Duties performed for the fund by any member of the board who is an employee of a public entity shall be considered duties in connection with the regular employment of such individual, and he shall suffer no loss in regular compensation by reason of the performance of such duties. ­­-------- (L. 1986 H.B. 1435 & 1461)  Effective 6-20-86
MO Rev Stat § 537.725 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|Section 537.725 - Board — records — reports — principal office — seal.

Effective - 20 Jun 1986   537.725. Board — records — reports — principal office — seal. — 1. The board shall keep a complete record of all its proceedings.  2. A statement covering the operations of the fund for the year, including income and disbursements, and of the financial condition of the fund at the end of the year, showing the valuation and appraisal of its assets and liabilities, as of July first, shall each year be delivered to the governor and be made readily available to public entities.  3. The principal office of the fund shall be in Jefferson City, Missouri. The fund shall have a seal inscribed "Missouri Public Entity Risk Management Fund", which shall be in the custody of its secretary. The courts of this state shall take judicial notice of the seal. All copies of records, books, and written instruments which are kept in the office of the fund and are certified by the secretary under the seal shall be proved or admitted in any court or proceeding as provided in section 109.130. ­­-------- (L. 1986 H.B. 1435 & 1461)  Effective 6-20-86
MO Rev Stat § 537.730 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|Section 537.730 - Board — duties — rulemaking authority — subpoena power — prohibited activities.

Effective - 28 Aug 1993   537.730. Board — duties — rulemaking authority — subpoena power — prohibited activities. — 1. The general administration of, and responsibility for, the proper operation of the fund, including all decisions relating to payments from the fund, are hereby vested in the board of trustees.  2. The board shall determine and prescribe all rules, regulations, coverages to be offered, forms and rates to carry out the purposes of sections 537.700 to 537.755.  3. The board shall have the power to subpoena witnesses or obtain the production of records when necessary for the performance of its duties.  4. Subject to the provisions of the constitution and sections 537.700 to 537.755, the board shall have exclusive jurisdiction and control over the funds and property of the fund.  5. No trustee or staff member of the fund shall receive any gain or profit from any moneys or transactions of the fund.  6. Any trustee or staff member accepting any gratuity or compensation for the purpose of influencing his action with respect to the investment of the funds of the system or in the operations of the fund shall forfeit his office and in addition shall be subject to the penalties prescribed in section 576.020.  7. The board shall have the authority to use moneys from the fund to purchase one or more policies of insurance or reinsurance to cover the liabilities of participating public entities which are covered by the fund.  8. If such insurance can be procured, the board shall have the authority to procure insurance covering participating public entities and their officers and employees for amounts in excess of the amount specified by section 537.756 per occurrence for liabilities covered by the fund. The costs of such insurance shall be considered in determining the contribution of each public entity.  9. The board shall have the authority to use moneys from the fund to assist participating entities in assessing and reducing the risk of liabilities which may be covered by the fund. ­­-------- (L. 1986 H.B. 1435 & 1461, A.L. 1993 S.B. 88)
MO Rev Stat § 537.735 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|Section 537.735 - Fund account, how maintained.

Effective - 20 Jun 1986   537.735. Fund account, how maintained. — 1. The board shall set up and maintain a Missouri public entity risk management fund account in which shall be placed all contributions, premiums, and income from all sources. All property, money, funds, investments, and rights which shall belong to, or be available for expenditure or use by, the fund shall be dedicated to and held in trust for the purposes set out in sections 537.700 to 537.755 and no other. The board shall have power, in the name of and on behalf of the fund, to purchase, acquire, hold, invest, lend, lease, sell, assign, transfer, and dispose of all property, rights, and securities, and enter into written contracts, all as may be necessary or proper to carry out the purposes of section 537.700 or 537.755.  2. All moneys received by or belonging to the fund shall be paid to the secretary and deposited by him to the credit of the fund in one or more banks or trust companies. No such money shall be deposited in or be retained by any bank and trust company which does not have on deposit with the board at the time the kind and value of collateral required by section 30.270 for depositories of the state treasurer. The secretary shall be responsible for all funds, securities, and property belonging to the fund, and shall give such corporate surety bond for the faithful handling of the same as the board shall require.  3. So far as practicable, the funds and property of the fund shall be kept safely invested so as to earn a reasonable return. The board may invest the funds of the fund as permitted by the laws of Missouri relating to the investment of the capital, reserve, and surplus funds of casualty insurance companies organized under the laws of Missouri. ­­-------- (L. 1986 H.B. 1435 & 1461)  Effective 6-20-86
MO Rev Stat § 537.740 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|Section 537.740 - Insufficient contributions, assessment, abatement, deferral — retroactive application.

Effective - 28 Aug 1999   537.740. Insufficient contributions, assessment, abatement, deferral — retroactive application. — 1. If contributions to the fund do not produce sufficient funds to pay any claims which may be due, the board shall assess and each member, including any member who has withdrawn but was a member in the year in which the assessment is required, shall pay such additional amounts which are each member's proportionate share of total claims allowed and due. The board may abate or defer any part of the additional assessment of a member, if, in the opinion of the board, payment of the additional assessment would impair the ability of the member to fulfill its contractual obligations. The provisions of this subsection shall apply retroactively to the creation of the Missouri public entity risk management fund.  2. The board, in order to carry out the purposes for which the fund is established, may select and employ, or contract with, persons experienced in insurance underwriting, accounting, the servicing of claims, and rate making, who shall serve at the board's pleasure, as technical advisors in establishing the annual contribution, or may call upon the director of the department of commerce and insurance for such services. ­­-------- (L. 1986 H.B. 1435 & 1461, A.L. 1993 S.B. 88, A.L. 1999 S.B. 295 & 46)
MO Rev Stat § 537.745 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|Section 537.745 - Construction of provisions.

Effective - 20 Jun 1986   537.745. Construction of provisions. — 1. Nothing in sections 537.700 to 537.755, shall be construed to broaden or restrict the liability of the public entities participating in the fund beyond the provisions of sections 537.600 to 537.610, nor to abolish or waive any defense at law which might otherwise be available to any public entity or its officers and employees.  2. All persons and entities protected by the fund shall cooperate with those persons responsible for conducting any investigation and preparing any defense under the provisions of sections 537.700 to 537.755, by assisting such persons in all respects, including the making of settlements, the securing and giving of evidence, and the attending and obtaining witnesses to attend hearings and trials. ­­-------- (L. 1986 H.B. 1435 & 1461)  Effective 6-20-86
MO Rev Stat § 537.750 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|Section 537.750 - Exhaustion of fund, claims to be prorated.

Effective - 20 Jun 1986   537.750. Exhaustion of fund, claims to be prorated. — 1. If the fund will be exhausted by the payment of all judgments and claims allowed during a particular fiscal year, amounts paid to each claimant or person obtaining a judgment shall be prorated, with each person receiving an amount equal to the percentage his own payment bears to the total of claims and judgments outstanding and payable from the fund. Any amounts due and unpaid as a result of such proration shall be paid in the following fiscal year.  2. If, at the end of any fiscal year, the fund has a balance exceeding projected needs, and adequate reserves, the board may in its discretion refund on a pro rata basis to all participating public entities an amount based on the contributions of the public entity for the immediately preceding year. ­­-------- (L. 1986 H.B. 1435 & 1461)  Effective 6-20-86
MO Rev Stat § 537.755 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|Section 537.755 - Fund money not available for certain purposes, exception.

Effective - 02 Jun 1988   537.755. Fund money not available for certain purposes, exception. — 1. Except as provided in subsection 3 of this section, moneys in the Missouri public entity risk management fund shall not be available to pay the following:  (1) Claims made under chapter 287;  (2) Fines or penalties threatened or imposed for violation of any civil or criminal statute, administrative regulation or county or municipal ordinance;  (3) Attorney's fees and expenses incurred in the defense of charges that criminal statutes or county or municipal ordinances were violated;  (4) Claims against any participating public entity or officer or employee of a participating public entity which were brought by or rendered in favor of any participating public entity or officer or employee of a participating public entity acting in an official capacity;  (5) Claims against those who are independent contractors with a participating public entity, its officers or employees;  (6) Claims against participating public entities, its officers or employees who fail to cooperate with the persons conducting any investigation and preparing any defense as required by section 537.745.  2. No payment shall be made from the fund or any policy of insurance procured by the fund unless and until the benefits provided to pay the claim by any other policy of liability insurance have been exhausted.  3. The fund may be available to pay claims on behalf of public entities to whom or to which a public entity participating in the Missouri public entity risk management fund is obligated by virtue of a written contract to provide coverage such as is afforded in the contract, consistent with rules promulgated by the board of trustees of the Missouri public entity risk management fund. ­­-------- (L. 1986 H.B. 1435 & 1461, A.L. 1988 S.B. 532)  Effective 6-02-88
MO Rev Stat § 537.756 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|Section 537.756 - Maximum amount payable from fund — how calculated.

Effective - 28 Aug 1999   537.756. Maximum amount payable from fund — how calculated. — 1. The maximum amount which may be paid from the fund, as defined in section 537.700, for the payment and settlement of claims arising out of any single occurrence, is two million dollars.  2. The limitation on awards for liability provided for in this section shall be increased or decreased on an annual basis effective January first of each year in accordance with the Implicit Price Deflator for Personal Consumption Expenditures as published by the Bureau of Economic Analysis of the United States Department of Commerce. The current value of the limitation shall be calculated by the director of the department of commerce and insurance, who shall furnish that value to the secretary of state, who shall publish such value in the Missouri Register as soon after each January first as practicable, but it shall otherwise be exempt from the provisions of section 536.021. ­­-------- (L. 1989 H.B. 161 § 1, A.L. 1993 S.B. 88, A.L. 1999 S.B. 295 & 46)  CROSS REFERENCE:  Liability of state and public entities, increases to be effective on certain causes of actions, when, 537.615
MO Rev Stat § 537.760 (2021)
2021 Missouri Revised Statutes|Title XXXVI - Statutory Actions and Torts|Chapter 537 - Torts and Actions for Damages|Section 537.760 - Products liability claim defined.

Effective - 01 Jul 1987   537.760. Products liability claim defined. — As used in sections 537.760 to 537.765, the term "products liability claim" means a claim or portion of a claim in which the plaintiff seeks relief in the form of damages on a theory that the defendant is strictly liable for such damages because:  (1) The defendant, wherever situated in the chain of commerce, transferred a product in the course of his business; and  (2) The product was used in a manner reasonably anticipated; and  (3) Either or both of the following:  (a) The product was then in a defective condition unreasonably dangerous when put to a reasonably anticipated use, and the plaintiff was damaged as a direct result of such defective condition as existed when the product was sold; or  (b) The product was then unreasonably dangerous when put to a reasonably anticipated use without knowledge of its characteristics, and the plaintiff was damaged as a direct result of the product being sold without an adequate warning. ­­-------- (L. 1987 H.B. 700 § 33)  Effective 7-01-87  (1994) Patient's suit for strict product liability against health care provider for implant of defective medical device was not barred by two-year statute of limitations in section 516.105, RSMo, as that section covers all action for malpractice, negligence, error or mistake related to health care which all require some type of fault. Strict liability requires no fault. Bell v. Poplar Bluff Physicians Group, Inc., 879 S.W.2d 618 (Mo. App. S.D.).