Title XXIV, BUSINESS AND FINANCIAL INSTITUTIONS

376.722. Board of directors, established, members, how selected — expense reimbursement. — 1. The board of directors of the association shall consist of not less than seven nor more than eleven member insurers serving terms as established in the plan of operation. The members of …

376.724. Impaired insurers, association's options, duties — insolvent insurers, association's options, duties — alternative policies, requirements. — 1. If a member insurer is an impaired insurer, the association may, in its discretion, and subject to any conditions imposed by th…

376.725. Terminated coverage, reissuance of, premium set, how — obligation to cease, date — interest rate, guaranteed minimum. — 1. If the association elects to reissue terminated coverage at a premium rate different from that charged under the terminated policy or contract, the …

376.726. Nonpayment of premiums, effect of. — 1. Nonpayment of premiums within thirty-one days after the date required under the terms of any guaranteed, assumed, alternative or reissued policy or contract or substitute coverage shall terminate the association's obligations under…

376.728. Law not applicable, when. — The protection provided by sections 376.715 to 376.758 shall not apply where any guaranty protection is provided to residents of this state by the laws of the domiciliary state or jurisdiction of the impaired or insolvent insurer other than th…

376.730. Liens, association may impose, when. — In carrying out its duties under the provisions of sections 376.715 to 376.758, the association may, subject to approval by the court: (1) Impose permanent policy or contract liens in connection with any guarantee, assumption or rei…

376.732. Director to have association's powers and duties, when — association may appear in court, when. — 1. If the association fails to act within a reasonable period of time when authorized to do so, the director shall have the powers and duties of the association under sectio…

376.733. Assignment of rights to association by persons receiving benefits, when — subrogation rights. — 1. Any person receiving benefits under sections 376.715 to 376.758 shall be deemed to have assigned the rights under, and any causes of action against any person for losses ar…

376.734. Additional powers of association. — 1. In addition to any other rights and powers under sections 376.715 to 376.758, the association may: (1) Enter into such contracts as are necessary or proper to carry out the provisions and purposes of sections 376.715 to 376.758; (2)…

376.735. Assessments against members, when due, classes — amounts, how determined. — 1. For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers, separately for each account, at…

376.737. Deferment of assessment, how, when — maximum assessment — refund of, when — members may increase premiums to cover assessments. — 1. The association may abate or defer, in whole or in part, the assessment of a member insurer if, in the opinion of the board, payment of th…

376.738. Certificate of contribution, when issued. — The association shall issue to each member insurer paying an assessment under the provisions of sections 376.715 to 376.758, other than class A assessment, a certificate of contribution, in a form prescribed by the director, fo…

376.740. Plan of operation, required, approval of director — provisions of plan. — 1. The association shall submit a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the association to the director.…

376.742. Director, powers and duties. — 1. In addition to the duties and powers enumerated elsewhere in sections 376.715 to 376.758, the director shall: (1) Upon request of the board of directors, provide the association with a statement of the premiums in this and any other appr…

376.743. Board of directors, powers. — 1. The board of directors may, upon majority vote, make reports and recommendations to the director upon any matter germane to the solvency, liquidation, rehabilitation or conservation of any member insurer or germane to the solvency of any …

376.745. Assessments, offset against tax liability, when, how. — 1. A member insurer may offset against its premium tax liability to this state an assessment described in section 376.738 to the extent of twenty percent of the amount of such assessment for each of the five calenda…

376.746. Records of association meetings to be kept — association deemed creditor of insolvent or impaired insured. — 1. Nothing in sections 376.715 to 376.758 shall be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer op…

376.747. Distribution of member insurer assets upon liquidation, priority of association. — 1. Prior to the termination of any liquidation, rehabilitation, or conservation proceeding, the court may take into consideration the contributions of the respective parties, including the…

376.748. Liquidation, recovery of distributions, when, exceptions, limitations. — 1. If an order for liquidation or rehabilitation of a member insurer domiciled in this state has been entered, the receiver appointed under such order shall have a right to recover on behalf of the …

376.750. Financial report, submitted to director, when — tax exempt status — immunity from liability. — 1. The association shall be subject to examination and regulation by the director. The board of directors shall submit to the director each year, not later than* one hundred tw…

376.752. Member insurer's deposit with director, exemption from, amount. — Any member insurer organized under the provisions of sections 376.010 to 376.670, or under any general or special laws of this state and transacting business of the character designated in section 376.010,…

376.754. Stay of proceedings, insolvent insurer, when. — All proceedings in which the insolvent insurer is a party in any court in this state shall be stayed sixty days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action b…

376.755. Advertising, use of guaranty association prohibited. — No person, including a member insurer, agent or affiliate of an insurer shall make, publish, disseminate, circulate, or place before the public, or cause directly or indirectly, to be made, published, disseminated, c…

376.756. Summary document, association to prepare, contents — policy not covered by guaranty association to contain notice, form determined by director. — 1. The association shall prepare a summary document describing the general purposes and current limitations of the act and co…

376.758. Law inapplicable to insolvent insurers on effective date of law. — 1. Sections 376.715 to 376.758 shall not apply to any insurer which is insolvent or unable to fulfill its contractual obligations on August 13, 1988. 2. Sections 376.715 to 376.758 shall be liberally cons…

376.770. Title of law. — Sections 376.770 to 376.800 may be cited as the "Uniform Individual Accident and Sickness Insurance Law". ­­-------- (L. 1959 H.B. 252 § 1)

376.773. Definitions. — 1. The word "insurer" as used in sections 376.770 to 376.800 shall mean any insurance company issuing or writing any policy of accident and sickness insurance which is subject to the provisions of sections 376.770 to 376.800. 2. The term "policy of acciden…

376.775. Matters required in policies. — 1. No policy of accident and sickness insurance shall be delivered or issued for delivery to any person in this state unless: (1) The entire money and other considerations therefor are expressed therein; and (2) The time at which the insur…

376.776. Hospital and medical expense provisions extended for certain handicapped and dependent children past normal coverage age. — 1. This section applies to the hospital and medical expense provisions of an accident or sickness insurance policy. 2. If a policy provides that co…

376.777. Specifically required provisions — exemptions, when — director's powers — inapplicability of certain provisions to individual health insurance coverage. — 1. Required provisions. Except as provided in subsection 3 of this section each such policy delivered or issued for …

376.778. Payment direct to public hospitals or clinics with or without assignment, when — provisions required in contracts. — 1. As used in this section, the following words mean: (1) "Assignment", authorization by an insured to pay health insurance benefits directly to the provi…

376.779. Health insurance policies to offer coverage for treatment of alcoholism — exclusions. — 1. All health plans or policies that are individually underwritten or provide for such coverage for specific individuals and the members of their families, which provide for hospital …

376.780. Limits on provisions, effect of conflict of policy with law. — 1. Other policy provisions. No policy provision which is not subject to section 376.777 shall make a policy, or any portion thereof, less favorable in any respect to the insured or the beneficiary than the pr…

376.781. Speech and hearing disorders, companies to offer coverage, when — rules, procedure. — 1. All group health insurance policies providing coverage on an expense-incurred basis, all group service or indemnity contracts issued by a not-for-profit health service corporation, a…

376.782. Mammography — low-dose screening, defined — health care policies to provide required coverage — no physician referral, when. — 1. As used in this section, the term "low-dose mammography screening" means the X-ray examination of the breast using equipment specifically des…

376.783. Insured bound only if copy of application attached to policy. — 1. The insured shall not be bound by any statement made in an application for a policy unless a copy of such application is attached to or endorsed on the policy when issued as a part thereof, or the insurer…

376.785. What does not constitute waiver of defenses. — The acknowledgment by an insurer of the receipt of notice given under any policy covered by sections 376.770 to 376.800, or the furnishing of forms for filing proofs of loss, or the acceptance of such proofs, or the investig…

376.787. Effect of age limit provision. — If any such policy contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective, and if such date falls within a period for which premium is accepted by the …

376.789. Definition of actual charge and actual fee. — 1. (1) This section applies to an individual or a group specified disease insurance policy issued to any person that contains the terms "actual charge" or "actual fee" without containing an express definition of the term. (2)…

376.790. Limits on applicability of law. — Nothing in sections 376.770 to 376.800 shall apply to or affect (1) any policy of workers' compensation insurance or any policy of liability insurance with or without supplementary expense coverage therein; or (2) any policy or contract …

376.791. Portion of section 376.777 not applicable to individual health insurance coverage. — 1. The provisions of subdivisions (4) and (5) of subsection 2 of section 376.777 shall not apply to any individual health insurance coverage. The term "individual health insurance covera…

376.800. Misrepresentation made in obtaining individual accident and health policy no defense, exception. — Anything in the law to the contrary notwithstanding, no misrepresentation made in obtaining or securing a policy of insurance covered by sections 376.770 to 376.800 shall b…

376.801. Coverage for child health supervision services required — definitions — permitted limitations on benefits. — 1. This section shall be known and may be cited as the "Child Health Insurance Reform Plan". 2. As used in this section, the following terms mean: (1) "Child heal…

376.805. Elective abortion to be by optional rider and requires additional premium — elective abortion defined — health insurance exchanges not to offer coverage for elective abortions. — 1. No health insurance contracts, plans, or policies delivered or issued for delivery in the…

376.806. Refund of health insurance unearned premium on notice of death of insured — refunded to whom — definitions — exception — failure to notify within one year. — 1. As used in this section, the following terms mean: (1) "Health insurance contract", any one of the following w…

376.807. Policies not to reduce or deny benefits to persons eligible for medical assistance — deemed primary contract. — 1. No contract of medical expense insurance, delivered or issued for delivery, amended or renewed in this state after August 13, 1988, by a self-insured or sel…