Title XXIV, BUSINESS AND FINANCIAL INSTITUTIONS

379.750. Certificate of authority from director required — license may be revoked or suspended — renewal. — 1. Each attorney by whom or through whom are issued any policies of or contracts for indemnity of the character referred to in sections 379.650 to 379.790 shall procure fro…

379.770. Mergers or consolidation of reciprocal exchanges or interinsurers. — Two or more domestic reciprocal exchanges or interinsurers may merge or consolidate on affirmative vote of not less than two-thirds of the subscribers of each exchange or interinsurer who vote on the me…

379.780. Exemption from other insurance laws except retaliatory law, and certain enumerated sections. — 1. Except as provided in this section, no law of this state relating to insurance shall apply to the exchange of indemnity contracts. When any other law is applicable, it shall…

379.790. Penalty for acting without legal authority. — 1. It is unlawful for any attorney to exchange any contracts of indemnity of the kind and character specified in sections 379.650 to 379.790, or directly or indirectly solicit or negotiate any applications for same without fi…

379.800. Sections 374.030 to 379.790 intended as a continuation of existing law. — All of the provisions of the law relating to insurance agents, agencies, brokers and companies, and to the administration and enforcement of the laws of the state relating to insurance by the depar…

379.808. Insurance policies on certain real property — beneficiary deemed insured, duration, others covered not affected, when. — In addition to any other coverage provided under an insurance policy on real property transferred by a deed described in section 461.025, the designat…

379.810. Program established. — There is hereby established the "Missouri Basic Property Insurance Inspection and Placement Program" (hereinafter referred to as "program" ) to make available basic property insurance to persons having property interests in this state who are in go…

379.815. Definitions. — As used in this section, the following terms mean: (1) "All-industry placement facility" (hereinafter referred to as "the facility" ), the organization formed by insurers to assist applicants in securing basic property insurance, to issue policies and to a…

379.820. Inspections and reports. — 1. Any property owner or his representative, the insurer, or the insurance agent or other producer may request an inspection by the inspection bureau. Such requests need not be in writing. The absence of a building owner or his representative d…

379.825. Issuance of policy, when — appointment of liability assumed — expenses — limits on liability. — 1. The facility, upon receipt of an application for coverage and the corresponding inspection report from the inspection bureau, shall, after it finds that the property is eli…

379.827. Sinkhole loss policies authorized. — 1. As used in this section, the term "sinkhole loss" means actual physical damage to a building or property arising out of sudden settlement or collapse of the earth supporting the building, and only when the sudden settlement or coll…

379.830. Procedure after inspection and submission. — 1. The facility shall, within five business days after receipt of the inspection report and application, complete an action report advising that: (1) The risk is acceptable; or (2) The risk is acceptable at a surcharged rate a…

379.835. Joint reinsurance association. — 1. A "Joint Reinsurance Association" (hereinafter referred to as "the association" ) shall be created consisting of all insurers. The association shall assume from the facility one hundred percent reinsurance on behalf of insurers and sha…

379.840. Standard policy coverage and rating procedure. — All policies issued shall be for basic property insurance on the forms and in accordance with the rate or rating procedures approved by the director for use with the program. Such policies shall be issued for a term of one…

379.845. Cancellation or nonrenewal. — 1. The facility shall not cancel a policy or binder issued under the program without approval of the governing committee except in case of: (1) Evidence of incendiarism (meaning arson by or at the direction of the insured); or (2) For nonpay…

379.850. Right of appeal. — 1. Any applicant may appeal a decision of the facility relating to the conditions for acceptance of coverage to the director, in writing, within thirty days from the decision of the facility. 2. Other than as provided in subsection 1 of this section, a…

379.855. Commissions. — 1. Commission under the program shall be twelve percent on new business and ten percent on renewal business on the policy premium and shall be paid to the licensed producer designated by the applicant. 2. If a licensed producer is not designated, the commi…

379.860. Administration of program — governing committee, members, vacancies — immunity from liability, when. — 1. This program shall be administered by a governing committee (hereinafter referred to as "the committee") of the facility, subject to the supervision of the director,…

379.865. Annual and special meetings. — 1. There shall be an annual meeting of the insurers and members of the governing committee on a date fixed by the committee. 2. A special meeting may be called at such time and place designated by the committee or upon the written request t…

379.870. Duties of the committee. — 1. The committee shall meet as often as may be required to perform the general duties of administration of the program or on the call of the director. 2. The committee shall be empowered to appoint a manager, who shall serve at the pleasure of …

379.875. Statistics to be kept, reports. — 1. The facility shall separately code and maintain separate statistics on business written in accordance with the foregoing program and shall make reports thereon as may be required by the committee and director. 2. The manager shall sub…

379.880. Public education. — All insurers agree to undertake a continuing public education program, in cooperation with producers and others, to assure that the basic property insurance inspection and placement program receives adequate public attention. ­­-------- (L. 1969 H.B. …

379.882. Definitions for sections 379.882 to 379.886. — As used in sections 379.882 to 379.886: (1) "Commercial casualty insurance" means casualty insurance for business or nonprofit interests which is not for personal, family or household purposes, and which is provided by issua…

379.883. Policy cancellation or nonrenewal requirement of sixty days prior to notification — notice content. — 1. No notice of cancellation of a commercial casualty insurance policy shall be effective unless prior written notice of the cancellation is mailed or delivered by the i…

379.884. Policyholder's right to history of policy, when. — In the case of a cancellation or nonrenewal, the policyholder shall have the right to receive within thirty days of his written request, a statement of his claims history for that policy for the three years prior to the …

379.885. Proof of mailing notice of cancellation or nonrenewal. — Proof of mailing of notice of cancellation or of intention not to renew or reasons for cancellation to the named insured at the address shown in the policy shall be sufficient proof of notice. ­­-------- (L. 1987 H…

379.886. Cancellation or nonrenewal of entire line or class of insurance requires ninety days' prior notice to director. — No insurance company shall cancel or nonrenew an entire line or class of commercial casualty insurance without giving ninety days' prior written notice to th…

379.888. Definitions for sections 379.888 to 379.893 — notice to insured, when — department to notify insurers. — 1. As used in sections 379.888 to 379.893, the following terms mean: (1) "'A' rated risk", any insurance coverage for which rates are individually determined based up…

379.889. Rates not to be excessive, inadequate, or unfairly discriminatory — unfair discrimination defined. — Commercial casualty insurance rates shall not be excessive, inadequate or unfairly discriminatory. No rate shall be held to be excessive unless such rate is unreasonably …

379.890. Rates, rate plan or rate system filing, when — required actuarial data. — Supporting actuarial data shall be filed in support of a commercial casualty insurance rate, rating plan, or rating system filing, whenever requested by the director to determine whether rates are …

379.893. Rules and regulations on modification of rate base, authority of director — procedure. — The director shall have authority to promulgate reasonable rules and regulations limiting or modifying any aspect of any commercial casualty insurance rating plan or rating system wh…

379.895. Annual report by commercial casualty insurance companies — form — content of report — exceptions. — 1. Every insurance company doing commercial casualty business in this state shall annually on or before March first report its closed claims experience for the previous ca…

379.901. Prepaid service plan defined — agent soliciting memberships, disclosures. — 1. As used in this section the term "prepaid legal service plan" means any person, company, corporation, partnership or other legal entity who collects periodic fees on a prepaid basis from resid…

379.930. Small employer health insurance availability act — definitions. — 1. Sections 379.930 to 379.952 shall be known and may be cited as the "Small Employer Health Insurance Availability Act". 2. For the purposes of sections 379.930 to 379.952, the following terms shall mean:…

379.932. Applicability of act, conditions — treatment as single carrier or separate carrier — ceding agreements prohibited, when. — 1. Sections 379.930 to 379.952 shall apply to any health benefit plan that provides coverage to the employees of a small employer in this state if a…

379.934. Establishment of class of business, reasons — number of classes that may be established — promulgation of rules for period of transition — establishment of additional classes. — 1. For health benefit plans purchased on or before March 23, 2010, a small employer carrier m…

379.936. Premium rates, subject to conditions — no transfer out of class of business — disclosure required, contents — rating and renewal records required to be kept. — 1. Premium rates for health benefit plans purchased on or before March 23, 2010, and that are subject to sectio…

379.938. Renewability, exceptions — carrier not renewing prohibited from writing new business in market, when — application of section in certain geographic areas. — 1. A health benefit plan subject to sections 379.930 to 379.952 shall be renewable with respect to all eligible em…

379.940. Carriers to offer all health plans in market — health benefit plans, requirements — exclusion of coverage for certain employees. — 1. (1) Every small employer carrier shall, as a condition of transacting business in this state with small employers, actively offer to smal…

379.946. Board report, contents, recommendations. — The board shall study and report at least every three years to the director on the effectiveness of sections 379.930 to 379.952. The report shall analyze the effectiveness of sections 379.930 to 379.952 in promoting rate stabili…

379.948. Certain law not to apply to basic health benefit plan. — Except for the coverages specified in subsection 3 of section 376.995, no law requiring the coverage of a particular health care service or benefit, or requiring the reimbursement, utilization or inclusion of a spe…

379.950. Director to promulgate rules, procedure. — The director may promulgate rules pursuant to chapter 536 for the implementation and administration of sections 379.930 to 379.952 and section 374.184. No rule or portion of a rule promulgated under the authority of this chapter…

379.952. Carriers to market plan coverage — agent or broker, prohibited activities, exception — variance in compensation prohibited, exceptions — carriers, prohibited activities — denial of application, requirements — penalty — applicability to third party administrators. — 1. Ea…

379.975. Insurer to provide information, when. — Beginning January 1, 1993, in response to all original applications for a policy pursuant to subdivision (4) of section 375.001 and any such policy renewed from January 1, 1993, to December 31, 1993, for coverage on property locate…

379.978. Written disaster plan, insurer to develop, contents. — Every insurance company which insures property for loss caused by earthquake, whether by policy, endorsement, rider or otherwise, shall prepare and retain a written disaster plan covering earthquakes. This plan shall…

379.980. Reorganization of domestic mutual insurance company, authority. — A domestic mutual insurance company organized and operating under this chapter may reorganize by forming a mutual insurance holding company as described in section 379.985, or by merging its policyholders'…