reglab/housing_qa huggingface dataset:
MO Rev Stat § 375.051 (2021)
2021 Missouri Revised Statutes|Title XXIV - Business and Financial Institutions|Chapter 375 - Provisions Applicable to All Insurance Companies|Section 375.051 - Producer held as trustee of money collected.

Effective - 01 Jan 2003   375.051. Producer held as trustee of money collected. — 1. Any insurance producer who shall be appointed or who shall act on behalf of any insurance company within this state, or who shall, on behalf of any insurance company, solicit applications, deliver policies or renewal receipts and collect premiums thereon, or who shall receive or collect moneys from any source or on any account whatsoever, on behalf of any insurance company doing business in this state, shall be held responsible in a trust or fiduciary capacity to the company for any money so collected or received by him or her for the insurance company.  2. Any insurance producer who shall act on behalf of any applicant for insurance or insured within this state, or who shall, on behalf of any applicant for insurance or insured, seek to place insurance coverage, deliver policies or renewal receipts and collect premiums thereon, or who shall receive or collect moneys from any source or on any account whatsoever, shall be held responsible in a trust or fiduciary capacity to the applicant for insurance or insured for any money so collected or received by him or her.  3. Nothing in this section shall be construed to require any insurance producer to maintain a separate bank account or deposit for the funds of each payor, as long as the funds so held are reasonably ascertainable from the books of account and records of the insurance producer. ­­-------- (RSMo 1939 § 6018, A.L. 1955 p. 241, A.L. 1967 p. 516, A.L. 2001 S.B. 193)  Effective 1-01-03  (1954) This section does not cover situation where agent reports and remits all collections but falsely represents the identity of persons from whom collections are made. Trice v. Lancaster (A.), 270 S.W.2d 519. (1962) Superintendent as receiver of company could recover from company's agents unearned premiums which they held on policies written prior to receivership and agents' commissions thereon, and agents' actions, subsequent to receivership but prior to receiving notice thereof, in canceling the policies and use of the unearned premiums to purchase insurance in another company was unlawful. Clay v. Independence Mutual Insurance Co. (Mo.), 359 S.W.2d 679.  (1963) This section does not limit civil liability of agent to account to insurer, and especially insurer's receiver, for only monies that agent has collected, and agent is liable to account also for monies that agent under his contract of employment should have collected, and to account to receiver for commissions on premiums unearned because of court order canceling all policies issued by insurer. Clay v. Eagle Reciprocal Exchange (Mo.), 368 S.W.2d 344.
MO Rev Stat § 375.052 (2021)
2021 Missouri Revised Statutes|Title XXIV - Business and Financial Institutions|Chapter 375 - Provisions Applicable to All Insurance Companies|Section 375.052 - Additional incidental fees — disclosure to applicant or insured.

Effective - 28 Aug 2001   375.052. Additional incidental fees — disclosure to applicant or insured. — An insurer or insurance producer may charge additional incidental fees for premium installments, late payments, policy reinstatements, or other similar services specifically provided for by law or regulation. Such fees shall be disclosed to the applicant or insured in writing. ­­-------- (L. 2001 S.B. 193)  CROSS REFERENCE:  Incidental fees, additional, may be charged, when, disclosure to insured, 379.356
MO Rev Stat § 375.071 (2021)
2021 Missouri Revised Statutes|Title XXIV - Business and Financial Institutions|Chapter 375 - Provisions Applicable to All Insurance Companies|Section 375.071 - Centralized producer license registry, participation in.

Effective - 01 Jan 2003   375.071. Centralized producer license registry, participation in. — 1. The director may participate in a centralized producer license registry, in whole or in part, with any entity the director deems appropriate, including but not limited to the National Association of Insurance Commissioners, or any affiliates or subsidiaries such organization oversees, in which insurance producer licenses may be centrally or simultaneously effected for all states that require an insurance producer license and that participate in the centralized producer license registry.  2. If the director finds that participation in the centralized producer license registry is in the public interest, the director may adopt by rule any uniform standards and procedures consistent with this chapter as are necessary to participate in the registry, including the central collection of all fees for licenses that are processed through the registry. ­­-------- (L. 1961 p. 504 § 2, A.L. 1967 p. 516, A.L. 1984 S.B. 570, A.L. 2001 S.B. 193)  Effective 1-01-03
MO Rev Stat § 375.076 (2021)
2021 Missouri Revised Statutes|Title XXIV - Business and Financial Institutions|Chapter 375 - Provisions Applicable to All Insurance Companies|Section 375.076 - No consideration for unlicensed persons.

Effective - 01 Jan 2003   375.076. No consideration for unlicensed persons. — 1. An insurance company or insurance producer shall not pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting or negotiating insurance in this state if that person is required to be licensed and is not so licensed.  2. A person shall not accept a commission, service fee, brokerage or other valuable consideration for selling, soliciting or negotiating insurance in this state if that person is required to be licensed and is not so licensed.  3. Renewal or other deferred commissions may be paid to a person for selling, soliciting or negotiating insurance in this state if the person was required to be licensed at the time of the sale, solicitation or negotiation and was so licensed at that time.  4. An insurer or insurance producer may pay or assign commissions, service fees, brokerages or other valuable consideration to a business entity licensed as an insurance producer or to persons who do not sell, solicit or negotiate insurance in this state, unless the payment would violate subdivision (9) of section 375.936 or section 379.356. Under no circumstances may an insurer or insurance producer pay or assign commissions, service fees, brokerages or other valuable consideration to a person whose license is under suspension or revocation. ­­-------- (L. 1961 p. 504 §§ 3, 4, 5, 14, A.L. 1967 p. 516, A.L. 1981 S.B. 10, A.L. 1990 H.B. 1739, A.L. 2001 S.B. 193)  Effective 1-01-03
MO Rev Stat § 375.106 (2021)
2021 Missouri Revised Statutes|Title XXIV - Business and Financial Institutions|Chapter 375 - Provisions Applicable to All Insurance Companies|Section 375.106 - Insurance producers, limitations on negotiated contracts.

Effective - 01 Jan 2003   375.106. Insurance producers, limitations on negotiated contracts. — Insurance producers acting on behalf of an applicant for insurance or insured shall negotiate contracts of insurance only with authorized domestic insurance companies, licensed insurance * producers, foreign insurance companies duly admitted to do business in this state, or with a duly licensed surplus lines broker. ­­-------- (L. 1961 p. 504 § 10, A.L. 1967 p. 516, A.L. 1981 S.B. 10, A.L. 2001 S.B. 193)  Effective 1-01-03  *Word "insurance" appears in original rolls.
MO Rev Stat § 375.116 (2021)
2021 Missouri Revised Statutes|Title XXIV - Business and Financial Institutions|Chapter 375 - Provisions Applicable to All Insurance Companies|Section 375.116 - Compensation of producer, regulations — not to receive pay from insured, exception.

Effective - 01 Jan 2003   375.116. Compensation of producer, regulations — not to receive pay from insured, exception. — 1. An insurance company or insurance producer may pay money, commissions or brokerage, or give or allow anything of value, for or on account of negotiating contracts of insurance, or placing or soliciting or effecting contracts of insurance, to a duly licensed insurance producer.  2. Nothing in this chapter shall abridge or restrict the freedom of contract of insurance companies or insurance producers with reference to the amount of commissions or fees to be paid to the insurance producers and the payments are expressly authorized.  3. No insurance producer shall have any right to compensation other than commissions deductible from premiums on insurance policies or contracts from any applicant for insurance or insured for or on account of the negotiation or procurement of, or other service in connection with, any contract of insurance made or negotiated in this state or for any other services on account of insurance policies or contracts, including adjustment of claims arising therefrom, unless the right to compensation is based upon a written agreement between the insurance producer and the insured specifying or clearly defining the amount or extent of the compensation. Nothing contained in this section shall affect the right of any insurance producer to recover from the insured the amount of any premium or premiums for insurance effectuated by or through the insurance producer.  4. No insurance producer shall, in connection with the negotiation, procurement, issuance, delivery or transfer in this state of any contract of insurance made or negotiated in this state, directly or indirectly, charge or receive from the applicant for insurance or insured therein any greater sum than the rate of premium fixed therefor and shown on the policy by the insurance company, unless the insurance producer has a right to compensation for services created in the manner specified in subsection 3 of this section. ­­-------- (L. 1961 p. 504 § 12, A.L. 1967 p. 516, A.L. 2001 S.B. 193)  Effective 1-01-03
MO Rev Stat § 375.136 (2021)
2021 Missouri Revised Statutes|Title XXIV - Business and Financial Institutions|Chapter 375 - Provisions Applicable to All Insurance Companies|Section 375.136 - Producer placing business with a nonadmitted company or nonresident is subject to chapter 384.

Effective - 01 Jan 2003   375.136. Producer placing business with a nonadmitted company or nonresident is subject to chapter 384. — Any insurance producer placing business with a nonresident agent or producer of a nonadmitted insurance company or direct with a nonadmitted insurance company or nonresident broker or insurance producer shall be subject to the provisions of chapter 384. ­­-------- (L. 1967 p. 516, A.L. 1977 S.B. 274, A.L. 2001 S.B. 193)  Effective 1-01-03
MO Rev Stat § 375.143 (2021)
2021 Missouri Revised Statutes|Title XXIV - Business and Financial Institutions|Chapter 375 - Provisions Applicable to All Insurance Companies|Section 375.143 - Rulemaking authority.

Effective - 28 Aug 2007   375.143. Rulemaking authority. — In order to effectuate and aid in the interpretation of section 375.141, the director, under section 374.045, may adopt rules and regulations codifying professional standards of producer competency and trustworthiness in the handling of applications, premium funds, conflicts of interest, record keeping, supervision of others, and customer suitability. ­­-------- (L. 2007 S.B. 66)
MO Rev Stat § 375.144 (2021)
2021 Missouri Revised Statutes|Title XXIV - Business and Financial Institutions|Chapter 375 - Provisions Applicable to All Insurance Companies|Section 375.144 - Prohibited acts in connection with the offer, sale, solicitation, or negotiation of insurance.

Effective - 28 Aug 2005   375.144. Prohibited acts in connection with the offer, sale, solicitation, or negotiation of insurance. — It is unlawful for any person, in connection with the offer, sale, solicitation or negotiation of insurance, directly or indirectly, to:  (1) Employ any deception, device, scheme, or artifice to defraud;  (2) As to any material fact, make or use any misrepresentation, concealment, or suppression;  (3) Engage in any pattern or practice of making any false statement of material fact; or  (4) Engage in any act, practice, or course of business which operates as a fraud or deceit upon any person. ­­-------- (L. 2005 H.B. 866)
MO Rev Stat § 375.145 (2021)
2021 Missouri Revised Statutes|Title XXIV - Business and Financial Institutions|Chapter 375 - Provisions Applicable to All Insurance Companies|Section 375.145 - Violations, penalties.

Effective - 28 Aug 2007   375.145. 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 375.012 to 375.144 or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of sections 375.012 to 375.144, or a rule adopted or order issued pursuant thereto, the director may issue such administrative orders as authorized under section 374.046. A violation of sections 375.012 to 375.142 is a level two violation under section 374.049. A violation of section 375.144 is a level four violation under 374.049.  2. If the director believes 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 this section or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of this section or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048. A violation of any of sections 375.012 to 375.142 is a level two violation under section 374.049. A violation of section 375.144 is a level four violation under 374.049. ­­-------- (L. 2007 S.B. 66)
MO Rev Stat § 375.146 (2021)
2021 Missouri Revised Statutes|Title XXIV - Business and Financial Institutions|Chapter 375 - Provisions Applicable to All Insurance Companies|Section 375.146 - Violation, penalty.

Effective - 28 Aug 2005   375.146. Violation, penalty. — 1. Any person who knowingly employs, uses or engages in any act, scheme, device or practice in violation of section 375.144 with the purpose to defraud shall upon conviction be fined not more than one hundred thousand dollars and imprisoned not more than ten years, or both. In addition to any fine, imprisonment, or fine and imprisonment imposed, the court may order restitution to the victim in an amount equal to twice the losses due to such offense. If the offender holds a license under these sections, the court imposing sentence shall order the department of commerce and insurance to revoke such license.  2. Any person willfully violating any of the provisions of sections 375.012 to 375.141 is guilty of a class A misdemeanor and on conviction thereof, if the offender holds a license under these sections, the court imposing sentence shall order the department of commerce and insurance to revoke the license.  3. The director may refer such evidence as is available concerning violations of this chapter to the proper prosecuting attorney or circuit attorney who may, with or without reference, initiate the appropriate criminal proceedings.  4. Nothing in this section shall limit the power of the state to punish any person for any conduct that constitutes a crime in any other state statute. ­­-------- (L. 1961 p. 504 § 17, A.L. 1967 p. 516, A.L. 1981 S.B. 10, A.L. 2005 H.B. 866)
MO Rev Stat § 375.147 (2021)
2021 Missouri Revised Statutes|Title XXIV - Business and Financial Institutions|Chapter 375 - Provisions Applicable to All Insurance Companies|Section 375.147 - Managing general agents (MGA) — citation of law — definitions — law effective, when.

Effective - 28 Aug 1999   375.147. Managing general agents (MGA) — citation of law — definitions — law effective, when. — 1. Sections 375.147 to 375.153 may be cited as the "Managing General Agents Act".  2. Sections 375.147 to 375.153 shall take effect on July 1, 1991. No insurer may continue to utilize the services of a managing general agent after June 30, 1991, unless such utilization is in compliance with sections 375.147 to 375.153.  3. As used in sections 375.147 to 375.153, the following words and phrases shall mean:  (1) "Actuary", a person who is a member in good standing of the American Academy of Actuaries;  (2) "Director", the director of the department of commerce and insurance;  (3) "Insurer", any person, firm, association or corporation duly licensed in this state as an insurance company pursuant to section 375.161 or 375.791;  (4) "Managing general agent" or "MGA", any person, firm, association or corporation who manages all or part of the insurance business of an insurer, including the management of a separate division, department or underwriting office, and acts as an agent for such insurer whether known as a managing general agent, manager or other similar term, who, with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written premiums equal to or more than five percent of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year together with one or more of the following:  (a) Adjusts or pays claims in excess of an amount determined by the director. The threshold amount set by the director pursuant to this paragraph shall be applied equally to both domestic and foreign insurers; or  (b) Negotiates reinsurance on behalf of the insurer. Notwithstanding the above, the following persons shall not be considered as managing general agents for the purposes of sections 375.147 to 375.153:  a. An employee of the insurer;  b. A manager of the United States branch of an alien insurer;  c. An underwriting manager which, pursuant to contract, manages all the insurance operation of the insurer, is under common ownership or control with the insurer, subject to the provisions of chapter 382;  d. A person holding a valid certificate of registration as an administrator and acting solely as an "administrator" as defined in section 376.1075; or  e. The attorney authorized by and acting for the subscribers of a reciprocal insurer or interinsurance exchange under powers of attorney;  (5) "Underwrite", the authority to accept or reject risk on behalf of the insurer. ­­-------- (L. 1990 H.B. 1739 §§ 5, 6, B, A.L. 1992 H.B. 1574, A.L. 1993 H.B. 709, A.L. 1999 H.B. 478)
MO Rev Stat § 375.148 (2021)
2021 Missouri Revised Statutes|Title XXIV - Business and Financial Institutions|Chapter 375 - Provisions Applicable to All Insurance Companies|Section 375.148 - Managing general agents must be licensed producers — risks located outside state — requirements — bond may be required, also errors and omissions policy.

Effective - 01 Jul 1991   375.148. Managing general agents must be licensed producers — risks located outside state — requirements — bond may be required, also errors and omissions policy. — 1. No person, firm, association or corporation shall act in the capacity of a managing general agent with respect to risks located in this state for an insurer licensed in this state unless such person is a licensed producer in this state.  2. No person, firm, association or corporation shall act in the capacity of a managing general agent representing an insurer domiciled in this state with respect to risks located outside this state unless such person is licensed as a producer in this state pursuant to the provisions of sections 375.147 to 375.153. Such license may be a nonresident license.  3. The director may require a bond in an amount acceptable to him for the protection of the insurer.  4. The director may require the managing general agent to maintain an appropriate errors and omissions policy for the protection of any person, firm, association or corporation which may be affected by the activities of the managing general agent. ­­-------- (L. 1990 H.B. 1739 § 7)  Effective 7-01-91
MO Rev Stat § 375.150 (2021)
2021 Missouri Revised Statutes|Title XXIV - Business and Financial Institutions|Chapter 375 - Provisions Applicable to All Insurance Companies|Section 375.150 - Duties of insurer — appointment of or termination of contract with managing general agent, notice to director, content.

Effective - 01 Jul 1991, 2 histories   375.150. Duties of insurer — appointment of or termination of contract with managing general agent, notice to director, content. — 1. The insurer shall have on file an independent financial examination in a form acceptable to the director of each managing general agent with which it has done business.  2. If a managing general agent establishes loss reserves, the insurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the managing general agent. This requirement is in addition to any other required loss reserve certification.  3. The insurer shall periodically conduct an on-site review of the underwriting and claims processing operations of the managing general agent.  4. Binding authority for all reinsurance contracts or participation in insurance or reinsurance syndicates shall rest with an office of the insurer, who shall not be affiliated with the managing general agent.  5. Within thirty days of entering into or termination of a contract with a managing general agent, the insurer shall provide written notification of such appointment or termination to the director. Notices of appointment of a managing general agent shall include a statement of duties which the applicant is expected to perform on behalf of the insurer, the lines of insurance for which the applicant is to be authorized to act, and any other information the director may request.  6. An insurer quarterly shall review its books and records to determine if any producer has become, by operation of subdivision (4) of subsection 3 of section 375.147, a managing general agent as defined in that section. If the insurer determines that a producer has become a managing general agent pursuant to the above review, the insurer shall promptly notify the producer and the director of such determination and the insurer and producer must fully comply with the provisions of sections 375.147 to 375.153 within thirty days.  7. An insurer shall not appoint to its board of directors any* officer, director, employee or controlling shareholder of any of its managing general agents. This subsection shall not apply to relationships governed by the provisions of chapter 382. ­­-------- (L. 1990 H.B. 1739 § 9)  Effective 7-01-91  *Word "an" appears in original rolls.
MO Rev Stat § 375.151 (2021)
2021 Missouri Revised Statutes|Title XXIV - Business and Financial Institutions|Chapter 375 - Provisions Applicable to All Insurance Companies|Section 375.151 - Acts of managing general agent acts of insurer.

Effective - 01 Jul 1991   375.151. Acts of managing general agent acts of insurer. — The acts of the managing general agent are considered to be the acts of the insurer on whose behalf it is acting. A managing general agent may be examined as if it were the insurer. ­­-------- (L. 1990 H.B. 1739 § 10)  Effective 7-01-91