Title XXIV — BUSINESS AND FINANCIAL INSTITUTIONS

383.150. Definitions. — As used in sections 383.150 to 383.195, the following terms shall mean: (1) "Association" means the joint underwriting association established pursuant to the provisions of sections 383.150 to 383.195; (2) "Director" means the director of the department of…

383.155. Association created, when — limits of coverage — plan of operation, when due, contents of, amended, how — immunity from liability, when. — 1. A joint underwriting association may be created upon determination by the director after a public hearing that medical malpractic…

383.160. Policies, period covered — form of policy to be approved — rates, how regulated — assessments, how made — excess funds, disposition of. — 1. All association policies of insurance shall be written to provide medical malpractice insurance coverage as prescribed by the plan…

383.165. Additional first year charge to policyholders. — Each policyholder shall pay to the association in the first policy year, in addition to the premium payment due for insurance through the association, an amount equal to said premium payment. Such charge shall be separatel…

383.170. Persons eligible to apply for coverage — eligibility requirements. — 1. Any health care provider shall be entitled to apply to the association for medical malpractice liability insurance. Such application may be made on behalf of an applicant by a broker or agent authori…

383.175. Board of directors, composition — expenses, payment of authorized. — The association shall be governed by a board of eight directors, to be appointed by the director for the terms specified in the plan of operation. The composition of the board of directors shall be esta…

383.180. Annual statement, when due, contents of. — The association shall file in the office of the director annually on or before the first day of April, a statement which shall contain information with respect to its transactions, condition, operations and affairs during the pr…

383.185. Annual examination required, cost of, how paid. — The director shall make an examination into the affairs of the association at least annually. The expenses of every such examination shall be borne and paid by the association. ­­-------- (L. 1976 H.B. 1309 § 8)

[Repealed or reserved.]

383.195. Termination of plan, when. — Termination of any plan created pursuant to the authority of sections 383.150 to 383.195 shall be by the director pursuant to a public hearing in which it is determined that medical malpractice liability insurance is reasonably available to h…

383.200. Definition of insurer. — As used in sections 383.200 to 383.209, "insurer" includes any insurance company, mutual insurance company, medical malpractice association, any entity created under this chapter, or other entity providing any insurance to any health care provide…

383.203. Rates filed with director — form — open to public, copies. — 1. Every insurer shall file with the director all rates and supplementary rate information which is to be used in this state. Such rates and supplementary rate information shall be filed before use. 2. Rates fi…

383.206. Sale of health care provider policy prohibited, when — determining factors — insurer may charge additional premium or grant discount, when — supporting data — rulemaking authority. — 1. Notwithstanding the provisions of sections 383.037 and 383.160, no insurer shall issu…

383.209. Rate increases over fifteen percent prohibited without notice, exception. — Notwithstanding any other provision of law, no insurer shall, with regards to medical malpractice insurance, as defined in section 383.150, implement any rate increase of more than fifteen percen…

383.225. Insurer defined — prohibitions on insurers — failure to provide notice, continuation of coverage. — 1. As used in this section, "insurer" includes every insurance company authorized to transact business in this state, every unauthorized insurance company transacting busi…

383.500. Physicians or surgeons on staff of certain hospitals to furnish malpractice insurance, exceptions. — 1. Beginning on January 1, 1987, any physician or surgeon who is on the medical staff of any hospital located in a county which has a population of more than seventy-five…

384.011. Title of law. — Sections 384.011 to 384.071 shall be known and may be cited as "The Missouri Surplus Lines Law". ­­-------- (L. 1987 H.B. 700 § 1 subsec. 1) Effective 7-01-87

384.015. Definitions. — As used in this chapter, the following terms shall mean: (1) "Admitted insurer", an insurer licensed to do an insurance business in this state; (2) "Capital", funds paid in for stock or other evidence of ownership; (3) "Director", the director of the depar…

384.017. Nonadmitted insurers, purchases from allowed, when. — Surplus lines insurance may be placed by a surplus lines licensee if: (1) Each insurer is an eligible surplus lines insurer; (2) The full amount or kind of insurance is not obtainable from admitted insurers who are ac…

384.018. Nonadmitted insurer deemed domestic surplus lines insurer, when — domestic insurer deemed eligible surplus lines insurer, when — policies subject to taxation, when — exemption from certain statutory requirements, when — rulemaking authority. — 1. A nonadmitted insurer th…

384.021. Nonadmitted insurers, limitation on furnishing coverage — exempt commercial purchaser, licensee exemptions. — 1. A surplus lines licensee shall not place coverage with a nonadmitted insurer, unless, at the time of placement, the surplus lines licensee has determined that…

384.023. Unlisted nonadmitted insurers may be used for coverage, when — requirements. — Risk eligible for export may be placed with any other nonadmitted insurer which does not appear on the list of eligible surplus lines insurers published by the director pursuant to subdivision…

384.025. Ineligibility of nonadmitted insurer, grounds, when — notice to licensees. — 1. If at any time the director has reason to believe that an eligible surplus lines insurer: (1) Is in unsound financial condition; (2) Is no longer eligible under section 384.021; (3) Has willf…

384.034. Advisory organization may be formed, purposes — information to be filed — examination when, costs — hearing on report, when — violations, penalty. — 1. An advisory surplus lines organization of surplus lines licensees may be formed to: (1) Facilitate and encourage compli…

384.036. Policy or certificate to be delivered to insured or broker — policies to indicate current status and any changes — violation, penalties. — 1. Upon placing surplus lines insurance, the surplus lines licensee shall promptly deliver to the insured or the producing broker th…

384.038. Enforceability of contract. — Insurance contracts procured under sections 384.011 to 384.071 shall be valid and enforceable as to all parties. ­­-------- (L. 1987 H.B. 700 §§ 10, 11, A.L. 1989 S.B. 250)

384.041. Premium payment to licensee deemed payment to insurer. — A payment of premium to a surplus lines licensee acting for a person other than himself in negotiating, continuing, or reviewing any policy of insurance under the provisions of sections 384.011 to 384.071 shall be …

384.043. Licensing requirements for insurance producers, fee — examination, exception — renewal, when, violation, effect — national database, participation in — rulemaking authority. — 1. No insurance producer shall procure any contract of surplus lines insurance with any nonadmi…

384.045. Licensees may originate or accept insurance from other licensees or brokers, compensation. — A surplus lines licensee may originate surplus lines insurance or accept such insurance from any other agent or broker duly licensed as to the kinds of insurance involved, and th…

384.048. Records required to be kept by licensees — to be open to director — retention period. — Each surplus lines licensee shall keep in his office in this state a full and true record of each surplus lines insurance contract placed by or through him, including a copy of the po…

384.051. Insured to file report on surplus lines insurance not obtained through a broker — contents, when due — tax imposed, procedure to collect tax. — 1. Every insured whose home state is this state who procures or causes to be procured or continues or renews insurance in any s…

384.054. Delinquent tax, penalty, interest. — Any tax imposed by sections 384.011 to 384.071 which is delinquent in payment shall be subject to a penalty of one percent of the tax per diem up to ten percent of the tax. Any delinquent tax shall bear interest at the rate determined…

384.057. Licensee to file annual statement, contents — report to director, contents. — 1. Before March second of each year, each surplus lines broker shall report under oath to the director on forms prescribed by him or her a statement showing, with respect to the year ending the…

384.059. Premium tax applicable to surplus lines, rate, payment — broker may charge tax to insured. — 1. There is hereby imposed on surplus brokers for the privilege of doing the business of a surplus lines broker in this state a tax of five percent of the net premium received wi…

384.061. Premium tax to be levied only on entire gross premium for nonadmitted or surplus lines insurance policies. — 1. Notwithstanding any other provision of this chapter or regulation implementing a provision of this chapter, the five percent tax on net premiums imposed by sec…

384.062. Premium taxes collected by licensee but unpaid to department, actions authorized — taxes payable to department. — 1. If any tax, penalty, or interest payable by a surplus lines licensee under the provisions of sections 384.011 to 384.071 is not paid within the time presc…

384.065. Revocation, suspension or refusal to renew license of licensee, grounds — notice — hearing. — The director may suspend, revoke, or refuse to renew the license of a surplus lines licensee after notice and hearing as provided under the applicable provisions of this state's…

384.068. Cause of action on contracts of insurance may be brought against insurer — policy to contain appropriate language — insurer deemed to have subjected himself to this section — service of process. — 1. A surplus lines insurer may be sued upon any cause of action arising in…

384.071. Violations, penalties. — 1. If the director determines that a person 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 sections 384.011 to 384.071 or a rule adopted or order …

385.010. Purpose clause. — The purpose of sections 385.010 to 385.080 is to promote the public welfare by regulating credit life insurance and credit accident and sickness insurance, credit casualty insurance, credit involuntary unemployment insurance and credit property insuranc…

385.015. Scope of law. — All life insurance, accident and sickness insurance, involuntary unemployment insurance, credit casualty insurance, and property insurance written in connection with loans or other credit transactions shall be subject to the provisions of sections 385.010…

385.020. Definitions. — 1. As used in sections 385.010 to 385.080, the following words and phrases mean: (1) "Credit accident and sickness insurance", insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the deb…

385.025. Credit life and accident insurance, form in which it shall be issued. — Credit life insurance and credit accident and sickness insurance shall be issued only in the following forms: (1) Individual policies of life insurance issued to debtors on a term plan; (2) Individua…

385.030. Amount of insurance permitted — payments, amount of, limited. — 1. The initial amount of credit life insurance shall not exceed the total amount repayable under the contract of indebtedness and, where an indebtedness is repayable in substantially equal installments, the …

385.035. Term of policy, prepayment of debt, effect of. — The term of any credit life insurance or credit accident and sickness insurance, subject to acceptance by the insurer, shall commence on the date when the debtor becomes obligated to the creditor, except that, where a grou…

385.040. Policy or group certificate, contents of, delivery required — policy or certificate not delivered, effect of. — 1. All credit life insurance and credit accident and sickness insurance shall be evidenced by an individual policy, or in the case of group insurance by a cert…

385.045. Filings required to be made with director — disapproval by director, effect of — rules, procedure. — 1. All policies, certificates of insurance, notices of proposed insurance, applications for insurance, endorsements, and riders delivered or issued for delivery in this s…

385.050. Revision of premium schedules, procedure for — refunds paid, when — limit on charge for credit life. — 1. Any insurer may revise its schedules of premium rates from time to time and shall file the revised schedules with the director. No insurer shall issue any credit lif…

385.055. Who may issue credit life insurance. — All policies and certificates of credit life insurance and credit accident and sickness insurance shall be delivered or issued for delivery in this state only by an insurer authorized to do an insurance business herein and shall be …

385.060. Reporting and settlement of claims — who may adjust claims. — 1. All claims shall be promptly reported to the insurer or its designated claims representative, and the insurer shall maintain adequate claim files. All claims shall be settled promptly and in accordance with…