Title XXIV, BUSINESS AND FINANCIAL INSTITUTIONS

375.932. Definitions. — When used in sections 375.930 to 375.948, the following terms mean: (1) "Consultant", an individual, partnership or corporation who, for a fee, holds himself or itself out to the public as engaged in the business of offering any advice, counsel, opinion or…

375.934. Unfair trade practices — conditions. — It is an unfair trade practice for any insurer to commit any practice defined in section 375.936 if: (1) It is committed in conscious disregard of sections 375.930 to 375.948 or of any rules promulgated under sections 375.930 to 375…

375.936. Unfair practices defined. — Any of the following practices, if committed in violation of section 375.934, are hereby defined as unfair trade practices in the business of insurance: (1) "Boycott, coercion, intimidation", entering into any agreement to commit, or by any co…

375.937. Lenders, duties — prohibited acts. — 1. No person may require as a condition precedent to the lending of money or extension of credit, or any renewal thereof, that the person to whom such money or credit is extended or whose obligation a creditor is to acquire or finance…

375.938. Director may investigate companies. — The director shall have power to examine and investigate into the affairs of every insurer in this state in order to determine whether such insurer has been or is engaged in any unfair method of competition or in any unfair or decept…

375.940. Procedure on charges or belief of unfair practices. — Whenever the director shall have reason to believe that any person or insurer has been engaged or is engaging in this state in any unfair method of competition or any unfair or deceptive act or practice in violation o…

375.942. Administrative order for prohibited practices — penalty. — 1. If the director determines that an insurer has engaged, is engaging, or has taken a substantial step toward engaging in an act, practice, or course of business constituting a violation of sections 375.930 to 3…

375.944. Judicial review — decree, order — additional evidence — finality of order, when. — 1. Any person, including any person who has been permitted to intervene, who is aggrieved by a final order or decision of the director shall be entitled to judicial review thereof, as prov…

375.945. Director's determination, judicial review. — 1. If after reviewing a written complaint alleging a violation of section 375.936 or 375.937 the director determines that a proceeding pursuant to section 375.940 would not be in the interest of the public, then any person who…

375.946. Violation of desist order, penalty. — It is unlawful for any person to violate any provision of a cease and desist order of the director under section 375.942. The director may institute an action under sections 374.046 and 374.047 as necessary to enforce any such order.…

375.948. Additional powers of director — promulgation of rules. — 1. The powers vested in the director by sections 375.930 to 375.948 shall be additional to any other powers to enforce any penalties, fines or forfeitures authorized by law with respect to the methods, acts and pra…

375.950. Definitions. — 1. Sections 375.950 to 375.990 may be cited as the "Uniform Insurer's Liquidation Act". 2. Sections 375.950 to 375.990 shall apply only to proceedings instituted prior to August 28, 1991. 3. For the purposes of sections 375.950 to 375.990: (1) "Ancillary s…

375.954. Director to be receiver, when — receiver has title to what, ancillary receivers have title to what, filing of order imparts notice — appointment of special deputies, compensation, payment. — 1. Whenever under the laws of this state a receiver is to be appointed in delinq…

375.958. Ancillary receiver, appointed when, entitled to what property, duties. — 1. Whenever under the laws of this state an ancillary receiver is to be appointed in delinquency proceedings for an insurer not domiciled in this state, the court shall appoint the director of the d…

375.962. Delinquency proceeding in this state, claimants to file claims, with whom, when — controverted claims, proven where — effect of judgment in ancillary state. — 1. In a delinquency proceeding begun in this state against an insurer domiciled in this state, claimants residin…

375.966. Delinquency proceeding in another state, claimants to file claims, with whom, when — controverted claims, proven where — effect of judgment. — 1. In a delinquency proceeding in a reciprocal state against an insurer domiciled in that state, claimants against such insurer …

375.970. Preferred claims, how determined. — 1. In a delinquency proceeding against an insurer domiciled in this state, claims owing to residents of ancillary states shall be preferred claims if like claims are preferred under the laws of this state. All such claims whether owing…

375.971. Definitions--federal home loan bank duties and procedures upon delinquency proceedings of insurer--member--receiver duties during delinquency proceedings. — 1. As used in this section, the following terms mean: (1) "Federal home loan bank", a federal home loan bank estab…

375.974. Owners of special deposit claims, priority. — The owners of special deposit claims against an insurer for which a receiver is appointed in this or any other state shall be given priority against their several special deposits. If there is a deficiency in any such deposit…

375.978. Secured claim, may file as general creditor, may resort to security, deficiency treated, how. — The owner of a secured claim against an insurer for which a receiver has been appointed in this or any other state may surrender his security and file his claim as a general c…

375.982. Limitation on bringing proceedings, certain liens void. — During the pendency of delinquency proceedings in this or any reciprocal state no action or proceeding in the nature of an attachment, garnishment, or execution shall be commenced or maintained in the courts of th…

375.986. Receiver in reciprocal state may sue. — The domiciliary receiver of an insurer domiciled in a reciprocal state may sue in this state to recover any assets of such insurer to which he may be entitled under the laws of this state. ­­-------- (L. 1976 H.B. 1479 § 10) Effect…

375.990. Severability clause — interpretation of sections 375.950 to 375.990. — 1. If any provision of sections 375.950 to 375.990 or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of secti…

375.991. Fraudulent insurance act, committed, when — powers and duties of department — penalties. — 1. As used in sections 375.991 to 375.994, the term "statement" means any communication, notice statement, proof of loss, bill of lading, receipt for payment, invoice, account, est…

375.992. Fraudulent claims for benefits — form — notice to department, when — procedure. — Any company which believes that a fraudulent claim is being made shall, within sixty days of the receipt of such notice, send to the department of commerce and insurance, on a form prescrib…

375.993. Department's papers, report, evidence not subject to public inspection or subpoena if part of investigation, release, when — no civil liability for filing reports or furnishing information. — 1. The department's papers, documents, reports, or evidence relative to the sub…

375.994. Investigators to have power of subpoena — moneys, costs or fines to be deposited in insurance dedicated fund — powers of director for violations, penalties. — 1. Department investigators shall have the power to serve subpoenas issued for the examination, investigation, a…

375.995. Sex or marital status discrimination as to benefits or coverage prohibited. — 1. As used in this section, the following terms shall mean: (1) "Contract", any insurance policy, plan, or binder, including any rider or endorsement thereto, offered by an insurer; (2) "Insure…