Title XXIV — BUSINESS AND FINANCIAL INSTITUTIONS

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…

376.005. Definitions. — As used in this chapter, unless otherwise clearly indicated by the context, the following words mean: (1) "Department", the department of commerce and insurance; and (2) "Director", the director of the department of commerce and insurance. ­­-------- (L. 2…

376.010. Who may form company — purposes. — Any number of persons, not less than thirteen, may associate and form a company for the purpose of making insurance upon the lives of individuals, and every assurance pertaining thereto or connected therewith (including, for policies is…

376.015. Involuntary unemployment insurance may be issued in connection with extension of credit or certain group life insurance, requirements. — Corporations doing the business specified in section 376.010 may also make insurance to provide a periodic indemnity for involuntary u…

376.020. Various companies defined. — Corporations doing the business mentioned in section 376.010, which are owned and controlled entirely by the stockholders, and in neither the management nor the profits of which the policyholders participate, shall be considered "joint stock …

376.050. Declaration of corporators. — The persons mentioned in section 376.010 shall be designated as "corporators", and such corporators, desiring to form a company for the purpose of transacting the business mentioned in said section, or any part of the same, shall file in the…

376.060. Stock companies — content of charter. — When such corporators propose to form a joint stock company for the purposes designated in section 376.010, the charter comprised in the declaration mentioned in section 376.050 shall set forth (1) The name assumed by such corporat…

376.070. To be submitted to attorney general. — Whenever the corporators have filed the declaration required by section 376.050 and also the proof of publication therein required by the affidavit of the publisher of the newspaper in which the publication was made, his foreman or …

376.080. Director to examine, when. — Upon being notified that the capital stock named in the charter has been subscribed, and two hundred thousand dollars thereof paid in, the director shall make an examination, or cause one to be made by some disinterested person specially appo…

376.090. To furnish certificate of deposit, when. — When the corporators have fully complied with the requirements of the preceding sections, and the laws of this state governing the organization of private corporations, and said corporation has deposited with the director of the…

376.100. Mutual companies — contents of charter. — When such corporators propose to form a mutual company, for the purpose designated in section 376.010, the charter comprised in the declaration mentioned in section 376.050 shall set forth: (1) The name assumed by such corporatio…

376.1000. Multiple employer self-insured health plan, defined. — 1. As used in sections 376.1000 to 376.1045, a "multiple employer self-insured health plan" is any plan or arrangement which is not fully insured and which is either: (1) Offered by a staff or employee leasing compa…

376.1002. Certificate of authority required — penalty for noncompliance — law inapplicable, when — exempt organizations. — 1. It is unlawful for any multiple employer self-insured health plan to transact business in this state without a certificate of authority issued by the dire…

376.1005. Application for certificate of authority, form — fee — policy or other evidence of coverage provided to employees, form. — 1. Application for a certificate of authority shall be made on forms prescribed by the director of the department of commerce and insurance. No mul…

376.1007. Plan to file copy of bylaws, coverage and agreements with director. — At the time application for a certificate of authority is made, the multiple employer self-insured health plan shall file with the director a copy of the plan's bylaws, all schedules of benefits, and …

376.1010. Excess stop-loss coverage maintained by plan. — A multiple employer self-insured health plan shall maintain aggregate excess stop-loss coverage and individual excess stop-loss coverage provided by an insurer licensed by the state to write accident and health insurance o…

376.1012. Funds collected from employers held in trust — requirements — board of trustees, elected, duties — annual report, filed when. — Funds collected from the participating employers under multiple employer self-insured health plans shall be held in trust subject to the follo…

376.1015. Department not to grant approval, when. — The department shall not grant or renew approval as to any plan if the department determines: (1) Any trustee is incompetent or untrustworthy; (2) That any trustee has been found guilty of, or has pled guilty or no contest to a …

376.1017. Plan to establish loss reserves — plan to establish surplus account, amount. — 1. A plan shall establish loss reserves for all incurred losses, both reported and unreported, and for unearned premiums. 2. A plan also shall establish a surplus account equal to the greater…

376.1020. Plan to maintain principal place of business in Missouri, exception. — Each multiple employer self-insured health plan shall have and maintain its principal place of business in this state or shall appoint the director of the department of commerce and insurance as its …

376.1022. Dissolution of plan, application, procedure, granted when — distribution of assets, procedures. — 1. A plan that desires to cease existence shall apply to the director for authority to dissolve. Applications to dissolve shall be on forms prescribed by the director and s…

376.1025. Director may adopt rules. — The director may adopt regulations which are necessary to implement the provisions of sections 376.1000 to 376.1045 and to ensure the safe and proper operation of multiple employer self-insured health plans in this state. No rule or portion o…

376.1027. Plan in unsound condition, powers of director. — 1. If the director is of the opinion that a multiple employer self-insured health plan is in an unsound condition, that it has failed to comply with the law or any applicable regulations or orders issued by the director, …

376.1030. Agreement of employer to pay benefits, requirements, form — copy filed with director — no excuse from liability. — 1. A multiple employer self-insured health plan shall require each employer, as a condition of participation in the plan, to execute an agreement by which …

376.1032. Plan considered insurer, when. — For the purposes of sections 375.930 to 375.948 and sections 375.1000 to 375.1018, a multiple employer self-insured health plan shall be considered an "insurer". ­­-------- (L. 1993 H.B. 709 § 35)

376.1035. Chapter 376 applicable to plan. — The provisions of this chapter relating to group health and group accident insurance, including policy approval provisions, shall apply to all multiple employer self-insured health plans licensed to do business in this state. ­­--------…

376.1037. Plan subject to premium taxes. — Multiple employer self-insured health plans licensed in this state shall be subject to those taxes set out in sections 148.310 to 148.461. ­­-------- (L. 1993 H.B. 709 § 37)

376.1040. Plan not to be offered to public — marketing restrictions — exemption — use of brokers authorized. — 1. No multiple employer self-insured health plan shall be offered or advertised to the public. No plan shall be sold, solicited, or marketed by persons or entities defin…

376.1042. Marketing by agent, agency or broker violation of law. — The sale, solicitation or marketing of any plan in violation of section 376.1040 by an agent, agency or broker shall constitute a violation of section 375.141. ­­-------- (L. 1993 H.B. 709 § 39, A.L. 2019 S.B. 514…

376.1045. Injunctive relief, director may seek, when — procedures. — The director may, in addition to any other remedy or sanction authorized under the insurance laws of this state, seek injunctive relief against any unauthorized insurer under section 375.786 or any unauthorized …

376.1060. Health care services — definitions — limitations on third-party access, requirements — inapplicability, when. — 1. As used in this section, the following terms shall mean: (1) "Contracting entity", any person or entity, including a health carrier, that is engaged in the…