Title XXIV — BUSINESS AND FINANCIAL INSTITUTIONS

375.539. Hazardous operation, discontinuation determination, standards for — issuance of order by director, hearing procedure. — 1. The director of the department of commerce and insurance may deem an insurance company to be in such financial condition that its further transactio…

375.570. Manner of commencing proceedings — petition, contents. — 1. Terms used in sections 375.570 to 375.750 shall mean as defined in section 375.1152. 2. A formal delinquency proceeding, or seizure as described in section 375.1164, shall be commenced by filing a verified petit…

375.580. Issuance, service and return of process. — 1. If any order as described in section 375.640 or 375.1155 to be issued preliminarily to the summary hearing provided by section 375.600 is prayed for: (1) The petition shall be first presented ex parte to the court, which may …

375.600. Pleadings and proceedings, general procedures — summary hearing, purpose — effect of nonattendance by defendant. — 1. The pleadings and proceedings, insofar as not otherwise regulated by sections 375.570 to 375.750, 375.950 to 375.990 and 375.1150 to 375.1246, shall be a…

375.610. Hearing by the court, procedures — no continuances or discovery, exceptions. — 1. All pleadings shall be made up and filed at or before the day of the hearing, and the court shall, without the intervention of a jury, and without unnecessary delay, proceed to hear and det…

375.620. Referee or master to hear and report — exceptions, filed by either party. — 1. If the case is referred, the referee or master shall forthwith proceed to hear the same, and shall file his report within ten days after the conclusion of the testimony. 2. Any referee or mast…

375.630. Examinations and statements, evidentiary effect — case to be decided, when — appeals — attorney fees, paid how. — 1. In a hearing before the court, master or referee, certified copies of the statement made by the defendant, or of reports of examinations of the defendant …

375.640. Insurance director to take charge. — If the director shall apply, either at the time of or after the filing of the petition referred to in section 375.570, the court may, if the court deems it necessary, authorize him or a special deputy appointed for such purpose to tem…

375.650. Title of assets to vest in director — special deputy receiver, appointment, duties. — 1. Upon the rendition of a final judgment dissolving an insurer, or declaring it insolvent, all the general assets of such insurer shall vest in fee simple and absolutely in the directo…

375.660. Disposition of assets. — 1. If the court directs the director to liquidate, settle or wind up the affairs of the defendant, said director shall take immediate possession of the assets, books and papers of the defendant, and unless disposition of the assets of the defenda…

375.670. Allowance of demands — receiver to review claims against receivership. — 1. The court, upon the application of the receiver, shall establish claims procedures and shall limit and may extend the time for the presentation of claims against the receivership, and notice ther…

375.710. Conflict of interests — power of court — trustees. — In case of any conflict of interests on any matter, or concerning the enforcement or settlement of any conflicting claims between two or more insurers, the settlement and winding up of whose affairs shall be under the …

375.720. Penalty for failure or refusal to deliver assets to director. — 1. Whenever, by this chapter, or by any other law of this state, the director is authorized or required to take possession of any of the general assets of any insurer, it is unlawful for any person or compan…

375.740. Payment of expenses of proceedings. — 1. In proceedings to enjoin, rehabilitate, dissolve, wind up or otherwise settle the affairs and dispose of the assets of insurers, the director shall receive no fees nor compensation for any services personally performed by him. 2. …

375.750. Reports to court — payment of claims. — 1. The director, when charged with the winding up of the affairs of an insolvent insurer, shall make at least twice a year to the court and oftener if the court shall so order, a full report, under oath of the condition and affairs…

375.771. Citation of law. — Sections 375.771 to 375.779 shall be referred to as the "Missouri Property and Casualty Insurance Guaranty Association Act". If any provision of sections 375.771 to 375.779 is found to be unconstitutional, the remaining provisions are to be treated as …

375.772. Association, created — definitions. — 1. There is created a nonprofit unincorporated legal entity to be known as the "Missouri Property and Casualty Insurance Guaranty Association", hereinafter referred to as "association". All member insurers shall be and remain members…

375.773. Accounts, types of insurance — applicability of law. — 1. For purposes of administration and assessment, the association shall be divided into four separate accounts: (1) The workers' compensation insurance account; (2) The automobile insurance account; (3) The Missouri …

375.774. Certificate of contribution, issued when, shown as asset by insurer, when — tax credit allowed to insurer, when — association exempt from taxes. — 1. The association shall issue to each insurer paying an assessment under sections 375.771 to 375.779 a certificate of contr…

375.775. Association, powers and duties. — 1. The association shall be obligated to the extent of the covered claims existing prior to the date of a final order of liquidation or a judicial determination by a court of competent jurisdiction in the insurer's domiciliary state that…

375.776. Board of directors, selection, terms — powers and duties. — 1. The board of directors, subject to the supervision of the director, shall: (1) Establish a plan of operation whereby the duties of the association under section 375.775 will be performed; (2) Establish proced…

375.777. Director, powers and duties. — 1. The director shall: (1) Notify the association of the existence of an insolvent insurer not later than three days after he receives notice of the determination of the insolvency; (2) Upon request of the board of directors, provide the as…

375.778. Claims of insured, recovery, procedures — assignment of rights to association, when, extent of — stay of proceedings against insolvent insurer, when — records of insolvent insurer, access by board, when. — 1. Any person having a claim against an insurer, regardless of wh…

375.779. Immunity from liability, association and employees — unfair trade practice, using association protection as inducement to purchase policy. — 1. There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, the ass…

375.780. Penalties for violation of this chapter. — 1. A person commits a crime if he or she willfully violates any of the provisions of this chapter. If not otherwise specifically provided for, the crime is a class B misdemeanor. 2. The director may refer such evidence as is ava…

375.786. Certificate of authority required — exceptions — acts which are deemed transaction of insurance business — penalty for transacting business without certificate of authority. — 1. It is unlawful for any insurance company to transact insurance business in this state, as se…

375.787. Complaint filed by director, when — injunction authorized. — Whenever the director believes, from evidence satisfactory to him, that any insurance company is violating or about to violate the provisions of section 375.786, the director may cause a complaint to be filed i…

375.788. Transaction of insurance business by unauthorized insurer, effect of. — 1. Any act of transacting an insurance business as set forth in section 375.786 by any unauthorized insurance company is equivalent to and shall constitute an irrevocable appointment by such insuranc…

375.789. Unauthorized company instituting court action must file bond or security and procure certificate of authority, exception. — 1. Before any unauthorized insurance company files or causes to be filed any pleading in any court action, suit or proceeding or in any notice, ord…

375.790. Enforcement — foreign decree, qualified party, reciprocal states, defined. — 1. The attorney general upon request of the director may proceed in the courts of this state or any reciprocal state to enforce an order or decision in any court proceeding or in any administrat…

375.791. Foreign insurance company admitted, when. — 1. Upon complying with the provisions of this chapter, a foreign insurance company organized under the laws of any state of the United States other than this state or the laws of any foreign government as a stock company, mutua…

[Repealed or reserved.]

375.811. Application for certificate of authority, contents (foreign company). — 1. A foreign insurance company in order to secure a certificate of authority to transact business in this state shall make application therefor to the director. The application shall set forth: (1) T…

375.821. Conditions to be met for certificate of authority (foreign company). — 1. Before a certificate of authority to transact business in this state shall be issued to a foreign insurance company, the company shall satisfy the director that: (1) The company is duly organized u…

375.831. Certificate issued when all conditions met (foreign company). — When a foreign insurance company has complied with the requirements of this chapter and all other requirements imposed on the company by existing laws and has paid charges imposed by law, the director shall …

375.841. Change of name by foreign or alien company, application for amended certificate, how made. — 1. In the event that a foreign or alien insurance company authorized to transact business in this state changes its name or desires to transact in this state kinds of business ot…

375.851. Amended articles, copy to be filed with director, effect of (foreign or alien company). — Whenever the articles of incorporation or articles of association of a foreign or alien insurance company authorized to transact business in this state are amended, the company shal…

375.861. Foreign company survivor of merger, documents to be filed with director. — 1. Whenever a foreign insurance company authorized to transact business in this state is the surviving company of a statutory merger permitted by the laws of the state or country under which it is…

375.871. Admitted foreign company may withdraw, how. — 1. Any foreign insurance company admitted to do business in this state may withdraw from this state by filing with the director a statement of withdrawal, signed and verified by a president, vice president or an executive off…

375.881. Revocation or suspension of certificate of authority, when (foreign company). — The director may revoke or suspend the certificate of authority of a foreign insurance company under section 374.047 or issue such administrative orders as appropriate under section 374.046 w…

375.891. Annual statement — reserves required, requirements in lieu of deposits (foreign company). — 1. Every foreign insurance company incorporated by or organized under the laws of any other state of the United States or of any foreign government and doing business in this stat…

375.892. Foreign insurance companies to maintain deposits under trust agreement, amount — trust assets to be kept in United States — amendment to trust approved by director — trust agreement content. — 1. Any foreign insurance company organized under the laws of any foreign gover…

375.901. Foreign companies shall transact business through licensed agents and brokers. — 1. Foreign companies admitted to do business in this state shall make contracts of insurance with persons in this state only by lawfully constituted and licensed agents and brokers. 2. Any i…

375.906. Foreign companies to appoint director to receive service — methods — penalty. — 1. No insurance company or association not incorporated or organized under the laws of this state shall directly or indirectly issue policies, take risks, or transact business in this state, …

375.908. Nonresident insurer may become domestic insurer, procedure — director may promulgate rules. — 1. Any insurer which is organized under the laws of any other state and is admitted to do business in this state for the purpose of writing insurance may become a domestic insur…

375.911. Service on deputy director valid, when. — In case of a vacancy in the office of the director of the department of commerce and insurance or in case of the absence or inability or suspension of the director, the service upon the deputy appointed under the provisions of se…

375.916. Retaliatory tax, how assessed and paid, exceptions — workers' compensation paid losses, how treated. — 1. When by the laws of any other state or foreign country any premium or income or other taxes, or any fees, fines, penalties, licenses, deposit requirements or other o…

375.918. Underwriting, use of credit scores, no adverse action permitted — definitions — disclosures. — 1. As used in this section, the following terms mean: (1) "Adverse action", a denial, nonrenewal of, or a reduction in the amount of benefits payable or types of coverages unde…

375.919. Use of language other than English permitted, when, disclosures — misrepresentation, penalty. — 1. An insurer, as defined in section 375.001, may provide an insurance policy, endorsement, rider and any explanatory material in a language other than English. In the event o…

375.920. Policy form approval, disapproval — procedure. — No insurer shall deliver any policy of private passenger automobile insurance, homeowner's insurance, dwelling-owner's insurance, residential fire insurance, or tenant's or renter's insurance written upon property within t…