Title XXIV — BUSINESS AND FINANCIAL INSTITUTIONS

379.1970. Rulemaking authority. — The department of commerce and insurance may promulgate all necessary rules and regulations for the administration of sections 379.1900 to 379.1970. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under …

379.200. Judgment creditor may collect insurance, when. — Upon the recovery of a final judgment against any person, firm or corporation by any person, including administrators or executors, for loss or damage on account of bodily injury or death, or damage to property if the defe…

379.201. Motor vehicle policies to include coverage of owner and vehicle loaned for demonstration or during repairs. — Every motor vehicle liability insurance policy insuring a motor vehicle licensed in this state must extend its liability coverage to include any other motor vehi…

379.203. Automobile liability policy, required provisions — uninsured motorist coverage required — recovery against tort-feasor, how limited. — 1. No automobile liability insurance covering liability arising out of the ownership, maintenance, or use of any motor vehicle shall be …

379.204. Underinsured motor vehicle coverage, construction of policy. — Any underinsured motor vehicle coverage with limits of liability less than two times the limits for bodily injury or death pursuant to section 303.020 shall be construed to provide coverage in excess of the l…

379.205. Mutual companies other than life and fire insurance. — A number of persons, not less than twenty-five, a majority of whom shall be bona fide residents of this state, by complying with the provisions of sections 379.205 to 379.310*, may become together with others who may…

379.210. Articles of incorporation shall specify what. — Any persons proposing to form any such company shall subscribe and acknowledge articles of incorporation specifying: (1) The name, the purpose for which formed, and the location of its principal or home office, which shall …

379.215. Name must contain the word "mutual". — No name shall be adopted by such company which does not contain the word "mutual" or which is so similar to any name already in use by any such existing corporation, company or association, organized or doing business in the United …

379.220. Submitted to director — proof of publication — certificate may be issued — amendment of articles. — 1. Such articles shall be submitted to the director of the department of commerce and insurance, herein called "director". 2. Such publication shall be made as required by…

[Repealed or reserved.]

379.230. Contracts of insurance and reinsurance. — Any company organized under the provisions of sections 379.205 to 379.310* is empowered and authorized to make contracts of insurance or to reinsure or accept reinsurance on any portion thereof, to the extent specified in its art…

379.235. License required — conditions to be complied with. — 1. No such company shall issue policies or transact any business of insurance unless it holds a license from the director authorizing the transaction of such business. A license shall not be issued unless the company c…

379.240. Who may hold policies. — 1. Any public or private corporation, board or association in this state or elsewhere may make applications, enter into agreements for and hold policies in any such mutual insurance company. 2. Any officer, stockholder, trustee or legal represent…

379.245. Voting power of members. — Every member of the company shall be entitled to one vote, or to a number of votes based upon the insurance in force, the number of policies held, or the amount of premiums paid, as may be provided in the bylaws. ­­-------- (RSMo 1939 § 5958) P…

379.250. Premiums. — 1. The maximum premium payable by any member shall be expressed in the policy or in the application for the insurance. 2. Such maximum premium may be a cash premium and an additional contingent premium not less than the cash premium, or may be solely a cash p…

379.255. Assets, how invested. — No such company shall invest any of its assets except in accordance with the laws of this state relating to the investment of the assets of domestic stock companies transacting the same kinds of insurance. ­­-------- (RSMo 1939 § 5960) Prior revis…

379.257. Deposit of securities required of mutual companies other than life and fire. — Any company organized or doing business under sections 379.205 to 379.310* shall comply with the provisions of section 379.098. ­­-------- (L. 1967 p. 516) *Section 379.310 was repealed by S.B…

379.260. Reserves. — Such company shall maintain unearned premium and other reserves separately for each kind of insurance, upon the same basis as that required of domestic stock insurance companies transacting the same kind of insurance; provided, that any reserve for losses or …

379.263. Mutual companies other than life and fire to file statement of affairs, when. — Any company organized under the provisions of sections 379.205 to 379.310* shall on the first day of January of each year or within sixty days thereafter, file with the director of the depart…

379.265. Assessments to meet reserve deficiencies. — Such company not possessed of assets at least equal to the unearned premium reserve and other liabilities shall make an assessment upon its members liable to assessment to provide for such deficiency, such assessment to be agai…

379.270. Director may advance money. — 1. Any director, officer or member of any such company, or any other person, may advance to such company any sum or sums of money necessary for the purpose of its business or to enable it to comply with any of the requirements of the law, an…

379.275. Policies need not be countersigned — conditions. — 1. Any law requiring that policies be countersigned and delivered through a resident agent shall not apply to any policy of such mutual company on which no commission shall be paid to any local agent. 2. Such mutual comp…

379.290. Tax to be paid upon premiums. — Every mutual insurance company or association admitted to Missouri under the provisions of sections 379.205 to 379.310* shall annually pay to the director of revenue a tax upon the direct premiums received, whether in cash or in notes, in …

379.295. Returns and assessment to be made by director — collection and disposition of tax by the director of revenue. — 1. Every such company or association shall, on or before the first day of March in each year, make a return, verified by the affidavit of its president and sec…

379.300. Failure to make return — director to proceed. — If any company or association shall fail or refuse to make the return required by sections 379.205 to 379.310*, the said director shall assess the tax against said company or association at the rate herein provided for on s…

379.316. Scope of act (section 379.017 and sections 379.316 to 379.361). — 1. Section 379.017 and sections 379.316 to 379.361 apply to insurance companies incorporated pursuant to sections 379.035 to 379.355*, section 379.080, sections 379.060 to 379.075, sections 379.085 to 379.…

379.318. Rates, how made. — Rates shall be made in accordance with the provisions of this section: (1) Due consideration shall be given to past and prospective loss experience within and outside this state, to conflagration and catastrophe hazards, if any, to a reasonable margin …

379.321. Rating plans to be filed with director, when — informational filings. — 1. Every insurer shall file with the director, except as to commercial property or commercial casualty insurance as provided in subsection 6 of this section, every manual of classifications, rules, u…

379.323. Rating organization defined — license, application for, contents — subscribers, how treated. — 1. A "rating organization" is an individual, partnership, corporation or unincorporated association other than an insurer located within or without this state, who or which has…

379.326. Deviation, how filed, effective when — open to public inspection. — 1. Any member or subscriber to a rating organization may file with the director a deviation from the rates, rating schedules, rating plans, rating systems or rules respecting any kind of insurance, divis…

379.328. Advisory organization defined — required filings — hearings on activities, discontinuance orders. — 1. Every group, association or other organization of insurers, whether located within or outside this state, which assists insurers which make their own filings or rating …

379.331. Joint underwriting regulated — hearings, discontinuance order, when. — 1. Every group, association or other organization of insurers which engages in joint underwriting or joint reinsurance shall be subject to regulation with respect thereto as herein provided, subject, …

379.333. Insurers may act in concert to make rates. — Subject to and in compliance with the provisions of section 379.017 and sections 379.316 to 379.361 authorizing insurers to be members or subscribers of rating or advisory organizations or to engage in joint underwriting or jo…

379.336. Insurers with common management may act in concert to make rates. — With respect to any matters pertaining to the making of rates or rating systems, the preparation or making of insurance policy forms, underwriting rules, surveys, inspections and investigation, the furni…

379.338. Agreement to adhere prohibited, exception. — Members and subscribers of rating or advisory organizations may use the rates, rating systems, underwriting rules or policy forms of such organizations, either consistently or intermittently, but, except as provided in section…

379.341. Exchange of information approved. — Licensed rating organizations and admitted insurers are authorized to exchange information and experience data with rating organizations and insurers in this and other states and may consult with them with respect to ratemaking and the…

379.343. Examinations by director, when, how conducted, cost how paid. — 1. The director of the department of commerce and insurance may, at any time he may deem it advisable, examine any insurer writing any class of insurance which is subject to the provisions of section 379.017…

379.346. Examination, purpose of — hearing — order. — 1. The purpose of examination, as provided for in section 379.017 and sections 379.316 to 379.361, is to enable the director to ascertain whether there is compliance with the provisions of section 379.017 and sections 379.316 …

379.348. Review of rate, rating plan or system, how obtained. — Any individual, corporation, firm, partnership, association, or any similar entity or combination of the foregoing, aggrieved by any rate charged, rating plan, rating system, or underwriting rule followed or adopted …

379.351. Approval by director of rules and plans, when — exchange of information with director — director may make rules and regulations. — 1. The director shall approve reasonable rules and statistical plans, reasonably adapted to each of the rating systems on file with him, whi…

379.353. Withholding of information or giving false or misleading information prohibited, penalty. — No person or organization shall willfully withhold information from, or knowingly give false or misleading information to, the director or any statistical agency designated by the…

379.356. Excessive premiums and rebates prohibited. — 1. No insurer or insurance producer shall knowingly charge, demand or receive a premium for any policy of insurance except in accordance with the provisions of section 379.017 and sections 379.316 to 379.361. No insurer or emp…

379.359. Commissions paid to brokers or agents not affected. — Nothing in section 379.017 and sections 379.316 to 379.361 abridges or restricts the freedom of contract of insurers, agents or brokers with reference to the amount of commission to be paid to agents or brokers by ins…

379.361. Violations, penalties. — 1. If the director determines that any insurer or filing organization has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of section 379.017 and sections …

379.402. Property and casualty insurance, free or discounted products or services permitted, when — rulemaking authority. — 1. A producer or insurer, by or through its employees, affiliates, or authorized third parties, may offer or provide products or services in conjunction wit…

379.404. Commercial property and casualty insurance — rebates, discounts, gifts prohibitions not applicable, exception to exclusion. — The provisions of section 379.356 and subdivision (9) of section 375.936 that prohibit a producer or insurer from giving rebates, discounts, gift…

379.420. Citation of law. — Sections 379.420 to 379.510 may be referred to as "The Casualty and Surety Rate Regulatory Law". ­­-------- (L. 1947 V. II p. 254 § 12)

379.425. Law applicable to certain classes of insurance — exceptions. — 1. Sections 379.420 to 379.510 apply to casualty insurance, including fidelity, surety and guaranty bonds, and to all forms of motor vehicle insurance, on risks or operations in this state, except: (1) Reinsu…

379.430. Insurers may act in concert with respect to rates. — 1. Subject to the provisions of sections 379.420 to 379.510, two or more licensed insurers may act in concert with each other and with others with respect to any or all matters pertaining to the making of rates, rating…

379.435. Rating organization defined. — Any corporation, unincorporated association, partnership, or individual, other than a licensed insurer, which has as its or his object or purpose the making of rates, rating plans, or rating systems shall be known as a "rating organization"…