Title XXIV, BUSINESS AND FINANCIAL INSTITUTIONS

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…

375.801. Renewal of certificate of authority, when — notice of refusal to renew (foreign company). — 1. The director shall renew for one year the certificate of authority of a foreign insurance company on the first day of July of the calendar year following the calendar year in w…

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…

375.921. Hearing on disapproval — action pending, effect on form. — The administrative hearing commission shall hear the petition, and if it finds the policy form shall be disapproved, it shall render specific findings of fact and law disapproving the policy form in that it is no…

375.922. Rules and regulations not authorized. — The director of the department of commerce and insurance shall have no power to promulgate rules or regulations to implement sections 375.920 to 375.923. ­­-------- (L. 1979 S.B. 276 & 277 § 3)

375.923. Exempt forms. — All forms on file with the director on or before January 1, 1980, shall be exempt from the provisions of sections 375.920 to 375.923. ­­-------- (L. 1979 S.B. 276 & 277 § 4, A.L. 2008 S.B. 788)

375.924. Contracts to contain address of insurer and notice of address change to be furnished insured, penalty, exception. — 1. Any insurer, health services corporation or health maintenance organization, subject to regulation pursuant to chapter 354 or chapters 374 to 385, which…

375.930. Citation of law — purpose — construction. — 1. Sections 375.930 to 375.948 may be cited as the "Unfair Trade Practice Act". 2. The purpose of sections 375.930 to 375.948 is to regulate trade practices in the business of insurance in accordance with the Act of Congress of…

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…