reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 378 - Fraternal Benefit Societies › Section 378.633 - Agents, licensing of — persons not deemed agents.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 378
Effective - 28 Aug 2015
378.633. Agents, licensing of — persons not deemed agents. —
1. Agents of societies shall be licensed in accordance with the provisions of chapter 375 regulating the licensing, revocation, suspension or termination of license of resident and nonresident agents; provided, that no person who acted in the capacity as an agent of a licensed society for a period of at least six months immediately preceding October 13, 1969, shall be required to take an examination as provided for in chapter 375 as a condition for licensure as an insurance agent.
2. The following individuals shall not be deemed an agent of a fraternal benefit society within the provisions of subsection 1 of this section:
(1) Any regular salaried officer, employee or secretary of a licensed society or any subordinate lodge thereof, who devotes substantially all of his services to activities other than the solicitation of fraternal insurance contracts from the public, and who receives for the solicitation of such contracts no commission or other compensation directly dependent upon the amount of business obtained; or
(2) Any member representative of any society who devotes, or intends to devote, less than fifty percent of his or her time to the solicitation and procurement of insurance contracts for such society. Any person who in the preceding calendar year has solicited and procured life insurance contracts on behalf of any society in an amount of insurance in excess of fifty thousand dollars, or, in the case of any other kind or kinds of insurance which the society might write, on the persons of more than twenty-five individuals and who has received or will receive a commission or other compensation therefor, shall be presumed to be devoting, or intending to devote, fifty percent or more of his or her time to the solicitation or procurement of insurance contracts for such society.
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(L. 1992 S.B. 831, A.L. 2015 S.B. 392)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 378 - Fraternal Benefit Societies › Section 378.634 - Unfair practices and frauds, subject to law — exception.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 378
Effective - 01 Jan 1993, see footnote
378.634. Unfair practices and frauds, subject to law — exception. —
Every society authorized to do business in this state shall be subject to the sections of chapter 375 relating to unfair practices and frauds; provided, however, that nothing therein shall be construed as applying to or affecting the right of any society to determine its eligibility requirements for membership, or be construed as applying to or affecting the offering of benefits exclusively to members or persons eligible for membership in the society by a subsidiary corporation or affiliated organization of the society.
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(L. 1992 S.B. 831)
Effective 1-01-93
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 378 - Fraternal Benefit Societies › Section 378.635 - Service of process, director to be agent for.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 378
• Effective - 01 Jan 1993, see footnote
378.635. Service of process, director to be agent for. —
Every society authorized to do business in this state shall appoint the director to be its true and lawful attorney upon whom all lawful process in any action or proceeding against it shall be served, as provided in section 375.906.
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(L. 1992 S.B. 831)
Effective 1-01-93
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 378 - Fraternal Benefit Societies › Section 378.638 - Fraudulent acts, penalties.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 378
Effective - 01 Jan 1993, see footnote
378.638. Fraudulent acts, penalties. —
1. A person who shall knowingly make any false or fraudulent statement or representation in or relating to any application for membership, or for the purpose of obtaining money from or a benefit in any society, shall be guilty of a class A misdemeanor.
2. Any person who willfully makes a false or fraudulent statement in any verified report or declaration under oath required or authorized by this chapter, or of any material fact or thing contained in a sworn statement concerning the death or disability of an insured for the purpose of procuring payment of a benefit named in the certificate, shall be guilty of perjury and shall be subject to the penalties therefor prescribed by law.
3. Any person who knowingly solicits membership for, or in any manner assists in procuring membership in, any society not licensed to do business in this state, or who shall solicit membership for, or in any manner assist in procuring membership in any such society not authorized as provided in this chapter, shall be guilty of an infraction.
4. Any person guilty of a knowing violation of, or neglect or refusal to comply with, the provisions of this chapter for which a penalty is not otherwise prescribed shall be guilty of an infraction.
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(L. 1992 S.B. 831 § 378.636)
Effective 1-01-93
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 378 - Fraternal Benefit Societies › Section 378.642 - Severability clause.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 378
Effective - 01 Jan 1993, see footnote
378.642. Severability clause. —
If any provision of this chapter or the application of such provision to any circumstance is held invalid, the remainder of the chapter, or the application of the provision to other circumstances, shall not be affected thereby.
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(L. 1992 S.B. 831 § 378.638)
Effective 1-01-93
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 378 - Fraternal Benefit Societies › Section 378.645 - Review of director's decisions, how.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 378
Effective - 01 Jan 1993, see footnote
378.645. Review of director's decisions, how. —
All decisions and findings of the director made under the provisions of this chapter shall be subject to review by proper proceedings in any court of competent jurisdiction in this state.
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(L. 1992 S.B. 831 § 378.639)
Effective 1-01-93
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.005 - Definitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
Effective - 28 Aug 2008
379.005. 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.
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(L. 2008 S.B. 788)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.125 - Reinsurance.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 2016, 2 histories
379.125. Reinsurance. —
Any company or association, other than life, organized under the provisions of chapter 379 may cause itself to be wholly or partially reinsured against any loss arising from any risk which it may have undertaken, and in like manner may reinsure or guarantee any other corporation doing the same kind of business as itself (including, for policies issued outside of the United States, insurance of life risks that are attached as riders to policies, provided that the aggregate premium assumed on an annual basis pursuant to such life risks does not exceed three percent of the capital and surplus of such company as of the thirty-first day of December of the preceding year), against loss arising from any risks that shall have been or may be undertaken by such corporation, or may join with any such corporation in any such risk, and may make and enter into all manner of contracts relating to such reinsurance and joint insurance, and the terms upon which the same shall be conducted; provided, however, any company reinsuring the whole of any single risk or risks the same being a substantial portion of all risks insured by the company shall be subject to the provisions of section 375.241
*
.
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(RSMo 1939 § 5927, A.L. 1967 p. 516, A.L. 2016 H.B. 2194)
Prior revisions: 1929 § 5816; 1919 § 6226; 1909 § 7017
*Section 375.241 was repealed by H.B. 709, 1993.
(1958) Where each of two insurance policies covering the same loss contained provision that when insured had other insurance, the insurance provided by the policy was excess insurance over the other insurance, such provisions are mutually repugnant and are to be disregarded. Arditi v. Mass. Bonding & Ins. Co. (Mo.), 315 S.W.2d 736.(Mo.), 357 S.W.2d 139.
(1962) In garnishment proceeding by judgment creditor of insured against reinsurer of automobile liability policy, where superintendent of insurance as receiver of insolvent original insurer was a party and claimed money payable under reinsurance contract, held that under reinsurance contract indemnity against liability was provided and judgment creditor could recover from reinsurer as third party beneficiary. First National Bank of Kansas City v. Higgins (Mo.), 357 S.W.2d 139.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.130 - Insurance claims, percentage of fault not to be assigned based solely on operation of a motorcycle.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 2009
379.130. Insurance claims, percentage of fault not to be assigned based solely on operation of a motorcycle. —
1. When investigating an accident or settling an automobile insurance policy claim, no insurer, agent, producer, or claims adjuster of an insurer shall assign a percentage of fault to a party based upon the sole fact that the party was operating a motorcycle in an otherwise legal manner.
2. A violation of this section shall be an unfair trade practice as defined by sections 375.930 to 375.948 and shall be subject to all of the provisions and penalties provided by such sections.
3. As used in this section, the term
"insurer"
shall mean any insurance company, association or exchange authorized to issue policies of automobile insurance in the state of Missouri. The term
"automobile insurance policy"
shall mean a policy providing automobile liability coverage, uninsured motorists coverage, automobile medical payments coverage or automobile physical damage coverage insuring a private passenger automobile owned by an individual or partnership.
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(L. 2009 H.B. 481)
CROSS REFERENCE:
Tort action, fault not to be based solely on operation of motorcycle, 537.055
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.140 - Total loss of real property — full amount of policy less any deductible to be paid — inapplicability, when — multiple policies, effect on recovery — commercial buildings, policy covering two or more, recovery amount.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 2021, 2 histories
379.140. Total loss of real property — full amount of policy less any deductible to be paid — inapplicability, when — multiple policies, effect on recovery — commercial buildings, policy covering two or more, recovery amount. —
1. When real property incurs a total loss caused by a peril covered under an insurance policy and such total loss is a covered loss under the insurance policy, then the liability of the insurance company writing the policy shall be the amount of money for which the real property was insured, less any deductible, as specified in the policy.
2. This section shall not apply to:
(1) Any partial loss;
(2) Any personal property that is not scheduled;
(3) Any detached or appurtenant structure;
(4) Any builder's risk policy;
(5) Any policy of mortgage insurance;
(6) Two or more buildings insured under a blanket basis or limit of insurance;
(7) Any loss in which the insured or one acting on the insured's behalf engaged in any fraudulent or criminal activity that contributed to the loss;
(8) Any loss to property if the insured increased the risk of loss insured against within sixty days of the date of the loss without the consent of the insurer and the increase in the risk of loss was a cause of the loss;
(9) Any replacement cost coverage provided for in a policy or by endorsement, except that this section shall not be construed to prohibit an insured from recovering any replacement cost coverage pursuant to the terms and conditions of a policy or endorsement; or
(10) Any loss that is covered by two or more policies.
3. If two or more policies provide coverage for a total loss of real property caused by a peril, then the insureds may recover the face amount of the policy with the highest limit of coverage, and each policy shall contribute to the payment of the loss in proportion to the amount of insurance mentioned in each policy.
4. For a total loss to a commercial building that is insured on a blanket basis for a stated amount that covers two or more commercial buildings, the settlement of the claim shall be based on the initial value assigned to each affected commercial building before the loss, with any balance remaining being settled according to the terms and conditions of the policy.
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(RSMo 1939 § 5930, A.L. 2021 H.B. 604)
Prior revisions: 1929 § 5819; 1919 § 6229; 1909 § 7020
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.150 - Partial loss by fire — standard fire insurance policy language, option for settlement of loss.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 2021, 2 histories
379.150. Partial loss by fire — standard fire insurance policy language, option for settlement of loss. —
Any fire insurance policy issued or renewed on or after August 28, 2021, shall be construed to require that a partial loss caused by fire be adjusted in accordance with the following language which shall be considered part of the standard fire insurance policy for Missouri under the provisions of section 379.160: "It shall be optional with the company to settle the loss at the actual cash value or to repair, rebuild or replace the property destroyed or damaged with other of like kind or quality within a reasonable time, on giving notice of its intention within thirty days or after the receipt of the proof of loss herein required.". However, if any fire policy provides coverage for a partial loss caused by fire, in a policy form determined and approved by the director to be at least as favorable to the insured as the standard fire insurance policy for Missouri, then the insurer issuing the policy shall adjust the loss in accordance with the policy form. Notwithstanding any administrative rule to the contrary, nothing in this section shall be construed to create a general contractor relationship by the company to the insured.
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(RSMo 1939 § 5932, A.L. 2021 H.B. 604)
Prior revisions: 1929 § 5821; 1919 § 6231; 1909 § 7022
(2002) Section does not prohibit insurer from withholding depreciation from valid replacement cost claim. Dollard v. Depositors Insurance Company, 96 S.W.3d 885 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.155 - Coinsurance provisions declared void — exception.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1939
379.155. Coinsurance provisions declared void — exception. —
No fire insurance policy which may be issued after this section takes effect shall contain any clause or provision requiring the assured to take out or maintain a larger amount of insurance than that covered by such policy, nor in any way providing that the assured shall be liable as coinsurer with the company issuing the policy for any part of the loss or damage which may be occasioned by fire or lightning to the property covered by such policy, nor making provisions for a reduction of such loss or damage, or any part thereof, by reason of the failure of the assured to take out and maintain other insurance upon said property. And all clauses and provisions in fire policies, issued after the taking effect of this section, in contravention of the prohibitions in this section contained, shall be ab initio void and of no effect; provided, that the provisions of this section shall not apply to policies issued upon personal property in cities which now contain or which may hereafter contain one hundred thousand inhabitants or more whenever the insured sign an agreement endorsed across the face of said policy to be exempt from the provisions thereof.
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(RSMo 1939 § 5933)
Prior revisions: 1929 § 5822; 1919 § 6232; 1909 § 7023
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.165 - Construction of warranties of fact made in application.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1939
379.165. Construction of warranties of fact made in application. —
The warranty of any fact or condition hereafter made by any person in his or her application for insurance against loss by fire, tornado or cyclone, which application, or any part thereof, shall thereafter be made a part of a policy of insurance, by being attached thereto, or by being referred to therein, or by being incorporated in such policy, shall, if not material to the risk insured against, be deemed, held and construed as representations only, in any suit brought at law or in equity in any of the courts of this state, upon such policy to enforce payment thereof, on account of loss of or damage to any property insured by such policy.
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(RSMo 1939 § 5934)
Prior revisions: 1929 § 5823; 1919 § 6233; 1909 § 7024
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.170 - Construction of warranties of fact incorporated in policy.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1939
379.170. Construction of warranties of fact incorporated in policy. —
The warranty of any fact or condition hereafter incorporated in or made a part of any fire, tornado or cyclone policy of insurance, purporting to be made or assented to by the assured which shall not materially affect the risk insured against, shall be deemed, taken and construed as representations only in all suits at law or in equity brought upon such policy in any of the courts of this state.
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(RSMo 1939 § 5935)
Prior revisions: 1929 § 5824; 1919 § 6234; 1909 § 7025
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.175 - Evasion of sections prohibited.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1939
379.175. Evasion of sections prohibited. —
No insurance company, corporation or association of persons doing a fire, cyclone or tornado insurance business in this state, shall have the right, power or authority, by contract or otherwise, to contract against or in any manner whatever evade the provisions of sections 379.165 and 379.170.
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(RSMo 1939 § 5936)
Prior revisions: 1929 § 5825; 1919 § 6235; 1909 § 7026
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.180 - Adjustments and examination of books to be made at place of loss.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1939
379.180. Adjustments and examination of books to be made at place of loss. —
All adjustments, arbitrations, settlements and examinations of books, invoices and accounts shall be had at the town, city or neighborhood where the fire occurs, unless some other place be agreed upon between the insurer and the assured after the loss shall have occurred without regard to any provision in the policy to the contrary.
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(RSMo 1939 § 5937)
Prior revisions: 1929 § 5826; 1919 § 6236; 1909 § 7027
(1960) The conviction of insured of arson in connection with the burning of the insured property held admissible in action to recover the amount of the policy instituted by the insured. Connecticut Fire Insurance Co. v. Ferrara, 277 F.2d 388; Cert. den., 364 U.S. 903, 81 S.Ct. 231.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.185 - After notice of loss, company to furnish blanks.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1939
379.185. After notice of loss, company to furnish blanks. —
Whenever any loss or damage shall be suffered in this state from fire, by any person, persons or corporation, upon property insured under a policy of insurance of any fire insurance company doing business in this state, and notice of the fact that such loss or damage has occurred shall be given by the person, persons or corporation incurring the same, or the agent thereof, to the insurance company issuing such policy, or to the agent thereof nearest the place of loss, within a reasonable time after the date of such loss or damage, the limit to which reasonable time shall be mentioned in said policy and made a part thereof at the time of issuing the same, but the time fixed in the policy shall not be taken or construed to be a condition precedent to the right of recovery, then it shall thereupon become the duty of such insurance company to furnish to the person, persons or corporation incurring such loss or damage, such blank forms of statements and proofs of loss as such insurance company may desire to be filled out, in regard to the time, origin and circumstances of the fire causing such loss or damage, and the knowledge and belief of the insured touching the same, the lists and description and quantity of property destroyed or damaged, and of property saved and the original cost of such property, and the cash value thereof at the time of the fire, the details as to possession, ownership, title and encumbrances, and changes of title, use, occupation, possession, ownership, location and exposures since the time of issuing such policy, if any, and other insurance, if any, and description and schedules in such policy.
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(RSMo 1939 § 5938)
Prior revisions: 1929 § 5827; 1919 § 6237; 1909 § 7028
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.190 - Failure to furnish blank forms deemed waiver.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1939
379.190. Failure to furnish blank forms deemed waiver. —
If any such fire insurance company shall fail, neglect or refuse to furnish blank forms of statements and proofs of loss to the insured, in case of loss or damage by fire, as provided in section 379.185, then such company shall be deemed to have waived the requiring of any such statements or proofs of loss at the hands of such insured person, persons or corporation, and upon suit brought upon such policy, such insurance company shall not be heard to complain of the failure of the insured to furnish any such statements or proofs of loss, any provision in any such policy of insurance to the contrary notwithstanding.
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(RSMo 1939 § 5939)
Prior revisions: 1929 § 5828; 1919 § 6238; 1909 § 7029
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.195 - Accident insurance liability fixed, when — cancellation prohibited.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1939
379.195. Accident insurance liability fixed, when — cancellation prohibited. —
1. In respect to every contract of insurance made between an insurance company, person, firm or association, whether a stock, a mutual, a reciprocal or other company, association or organization, and any person, firm or corporation, by which such person, firm or corporation is insured against loss or damage on account of the bodily injury or death or damage to property by accident of any person, for which loss or damage such person, firm or corporation is responsible, whenever a loss occurs on account of a casualty covered by such contract of insurance, the liability of the insurance company, if liability there be, shall become absolute, and the payment of said loss shall not depend upon the satisfaction by the assured of a final judgment against him for loss, or damage, or death, or if the insured becomes insolvent or discharged in bankruptcy during the period that the policy is in operation or any part is due or unpaid, occasioned by said casualty.
2. No such contract of insurance shall be cancelled or annulled by any agreement between the insurance company and the assured after the said assured has become responsible for such loss or damage, and any such cancellation or annulment shall be void.
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(RSMo 1939 § 6009)
Prior revision: 1929 § 5898
CROSS REFERENCE:
Claimant and tort-feasor may contract to limit recovery to amount covered by specific insurer, 537.065
(1957) Oral agreement to provide insurance from March 31, 1955, held not merged in policy issued to cover period beginning April 19, 1955, where such policy was not accepted and such oral contract could not be modified after a loss. Am. Surety Co. of N.Y. v. Williford, 243 F.2d 494.
(1964) In action by injured party against the insurer, after judgment has been obtained by the injured party against insured, the injured party stands in shoes of insured and his rights are no greater and no less than insured's would have been in action against insurer had insured paid the judgment to injured party. Meyers v. Smith (Mo.), 375 S.W.2d 9.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.201 - Motor vehicle policies to include coverage of owner and vehicle loaned for demonstration or during repairs.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1985
379.201. Motor vehicle policies to include coverage of owner and vehicle loaned for demonstration or during repairs. —
Every motor vehicle liability insurance policy insuring a motor vehicle licensed in this state must extend its liability coverage to include any other motor vehicle operated by the insured individual if the other motor vehicle is loaned, with or without consideration, to the insured individual for demonstration purposes or as a replacement vehicle while the insured's vehicle is out of use because of breakdown, repair, or servicing and if the other motor vehicle is loaned by a person, firm, or corporation engaged in the business of selling, repairing, or servicing motor vehicles. Such extension of liability coverage must include coverage for damage to the loaned vehicle.
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(L. 1985 H.B. 388 § 1)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.204 - Underinsured motor vehicle coverage, construction of policy.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1999
379.204. Underinsured motor vehicle coverage, construction of policy. —
Any underinsured motor vehicle coverage with limits of liability less than two times the limits for bodily injury or death pursuant to section 303.020 shall be construed to provide coverage in excess of the liability coverage of any underinsured motor vehicle involved in the accident.
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(L. 1999 S.B. 19)
(2002) Requirement for insurers to provide excess underinsured motorist coverage under certain circumstances, effective August 28, 1999, does not apply retroactively. Melton v. Country Mutual Insurance Company, 75 S.W.3d 321 (Mo.App.E.D.).
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.017 - Combined risk policies authorized — single premium may be lower than aggregate coverage rates.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1989
379.017. Combined risk policies authorized — single premium may be lower than aggregate coverage rates. —
Every insurance company licensed to do business in this state and authorized to make insurance on classes of insurance enumerated in subdivisions (1), (2) and (3) of subsection 1 of section 379.010 shall have authority to combine in single policies of insurance the perils of fire and allied lines with any one or more perils of casualty, fidelity, surety and inland marine insurance, which such company is authorized to make, and may charge therefor one indivisible premium or rate which may differ from the aggregate premium or rate applicable to separate policies covering the same property and risk or risks, and the difference in rates or premiums shall not be deemed to be unfairly discriminatory under the provisions of chapter 375 and this chapter.
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(L. 1959 H.B. 249 §§ 1, 2, A.L. 1965 p. 586, A.L. 1967 p. 516, A.L. 1972 S.B. 547, A.L. 1989 S.B. 250)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.025 - Plans for formation of companies — name — prohibitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1989
379.025. Plans for formation of companies — name — prohibitions. —
Corporations may be formed for the purpose of doing business mentioned in section 379.010, either on the stock or mutual plan; and every corporation so formed on the mutual plan shall have the word "mutual" affixed to the name which it assumes; and it shall not be lawful for any corporation so formed to do business on any other plan than that upon which it is organized, or for a corporation formed upon the mutual plan in any manner to use its name or to make publication thereof, unless the word "mutual" be affixed thereto in plain letters of the size of the letters in which the balance of the name is printed; and no such corporation shall adopt the name of any existing company or corporation transacting the same kind of business, or a name so similar as to be calculated to mislead the public; and the mutual companies shall not issue policies known as stock policies, or do business as joint stock companies, or upon the joint stock plan; but any mutual company upon a majority vote of its members present at an annual meeting, or at any special meeting called for that purpose after one week's notice by advertisement in one or more newspapers printed and published in the city or county where the chief office of said company is located, may charge and receive for the mutual benefit of all its policyholders cash in payment of premiums on such of its policies as shall be, by a majority vote of such meeting, determined upon.
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(RSMo 1939 § 5907, A.L. 1989 S.B. 250)
Prior revisions: 1929 § 5796; 1919 § 6206; 1909 § 6998
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.030 - Declaration preliminary to organizing.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1989
379.030. Declaration preliminary to organizing. —
The persons mentioned in section 379.010 shall be designated as "incorporators", and any such incorporators desiring to form a company for the purpose of transacting the business mentioned in said section, upon either of the plans named in section 379.025, shall file in the office of the director of the department of commerce and insurance a declaration, signed by each of such incorporators, setting forth their intention to form a corporation for the purpose of transacting the business aforesaid, which declaration shall comprise a copy of the articles of incorporation or association proposed to be adopted by them; and they shall publish a notice of such intention once in each week, or oftener, for at least four weeks, in a newspaper of general circulation, published in the county where such corporation is proposed to be located.
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(RSMo 1939 § 5908, A.L. 1989 S.B. 250)
Prior revisions: 1929 § 5797; 1919 § 6207; 1909 § 6999
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.035 - Articles of incorporation for stock companies.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1989
379.035. Articles of incorporation for stock companies. —
When such incorporators propose to form a corporation for the purposes designated in section 379.010, on the joint stock plan, the articles of incorporation or association comprised in the declaration in section 379.030 shall set forth:
(1) The name assumed by such corporation, and by which it shall be known;
(2) The place where the principal office for the transaction of its business shall be located;
(3) The specific kind or kinds of business which it proposes to transact;
(4) The amount of its capital stock, and the number of shares into which it shall be divided, and the manner in which it shall be paid up or secured;
(5) The manner in which the corporate powers granted by this chapter shall be exercised, showing the number of directors, which shall not be less than nine nor more than twenty-five; and such other particulars as may be necessary to make manifest the objects and purposes of the corporation, and the manner in which it is to be conducted.
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(RSMo 1939 § 5909, A.L. 1989 S.B. 250)
Prior revisions: 1929 § 5798; 1919 § 6208; 1909 § 7000
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.040 - Declaration, approval, filing — certificate of incorporation — subscription of stock.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1989
379.040. Declaration, approval, filing — certificate of incorporation — subscription of stock. —
Whenever the incorporators shall have filed the declaration required by section 379.030, and also proof of the publication therein required, by the affidavit of the publisher of the newspaper in which the publication was made, his foreman or clerk, with the director, it shall be the duty of the director to submit such declaration to the attorney general of this state for examination, and if it shall be found by him to be in accordance with the provisions of sections 379.010 to 379.160, and not inconsistent with the constitution and laws of this state and the United States, he shall so certify, and deliver it back to the director, who shall record the declaration, affidavit, and the certificate of the attorney general, in a book kept for that purpose, and shall furnish a certified copy of the same to the incorporators, and shall also file a certified copy of the same with the secretary of state, who, upon payment to the state director of revenue of the tax required by section 351.065, shall issue a certificate of incorporation, upon the receipt of which they may proceed to organize in the manner set forth in their charter, and to open books for subscription to the capital stock of the company, and keep the same open until the whole amount specified in the charter is subscribed; but it shall not be lawful for such companies to issue policies or transact any business of any kind or nature whatever, except as aforesaid, until they have fully complied with the requirements of sections 379.050 and 379.055.
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(RSMo 1939 § 5910, A.L. 1947 V. I p. 329, A.L. 1989 S.B. 250)
Prior revisions: 1929 § 5799; 1919 § 6209; 1909 § 7001
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.050 - Examination and certification of stocks, by whom.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1989
379.050. Examination and certification of stocks, by whom. —
Upon notification that the capital stock named in the charter has been subscribed, and the amounts required by section 379.010 to be paid in have been paid in as therein required, the director shall make an examination, or cause one to be made by some disinterested person, especially appointed by him for that purpose; and if it shall be found by himself, or if the person so appointed shall certify, under oath, that such capital and surplus stock, to the amount therein named as commencing capital and surplus, has been paid in and is possessed by the company in investments permitted by section 379.080, then he shall so certify, and the incorporators or officers of such company shall be required to certify under oath that the investments exhibited to the person making the examination, are the bona fide property of such company.
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(RSMo 1939 § 5912, A.L. 1989 S.B. 250)
Prior revisions: 1929 § 5801; 1919 § 6211; 1909 § 7002
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.055 - Director to give certificate — to be filed — evidence.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1967
379.055. Director to give certificate — to be filed — evidence. —
When the corporators have fully complied with the requirements of section 379.050, and have transferred to and deposited with the director of the department of commerce and insurance the securities as required by sections 379.080 and 379.098, the director shall furnish them a certificate of deposit and his certificate of authority for them to commence the business proposed in the charter, and a certified copy of the aforesaid declaration and certificates, which, on being filed and recorded in the office of the recorder of the county in which the company is located, shall be its authority to commence business and issue policies; and the certified copy of the declaration and certificates may be used in evidence for or against the company with the same effect as the originals.
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(RSMo 1939 § 5913, A.L. 1961 p. 463, A.L. 1967 p. 516)
Prior revisions: 1929 § 5802; 1919 § 6212; 1909 § 7003
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.060 - Charter of mutual companies.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1989
379.060. Charter of mutual companies. —
When such incorporators propose to form a corporation for the purpose of doing business on the mutual plan, the charter comprised in the declaration mentioned in section 379.030 shall set forth:
(1) The name assumed by such corporation, and by which it shall be known;
(2) The place where the principal office for the transaction of its business shall be located;
(3) The specific kind or kinds of business which it proposes to transact;
(4) The number of persons from whom proposals for insurance shall be received, the amount of premiums to be received on deposit, and the amount of cash to be paid on the same, before the company shall begin to do business and issue policies;
(5) The manner in which the corporate powers granted by sections 379.010 to 379.160 are to be exercised, showing the number of directors and trustees, which shall not be more than thirteen nor less than nine, and their respective powers and duties, and such other particulars as may be necessary to make manifest the object and purposes of the association, and the manner in which it is to be conducted.
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(RSMo 1939 § 5914, A.L. 1989 S.B. 250)
Prior revisions: 1929 § 5803; 1919 § 6213; 1909 § 7004
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.065 - Organization of corporation — procedure — fee.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1989
379.065. Organization of corporation — procedure — fee. —
Whenever the incorporators shall have filed the declaration required by section 379.030 and also proof of the publication therein required, by the affidavit of the publisher of the newspaper in which the publication was made, his foreman or clerk, with the director, it shall be the duty of said director to submit such declaration to the attorney general of this state for examination; and if it shall be found by him to be in accordance with the provisions of sections 379.010 to 379.160, and not inconsistent with the constitution and laws of this state and of the United States, he shall so certify and deliver it back to the director, who shall cause the said declaration and affidavit, with the certificate of the attorney general, to be recorded in a book to be kept for that purpose, and shall furnish a certified copy of the same to the corporators, and shall also file a certified copy of the same with the secretary of state, who, upon payment to the state director of revenue of the sum of seventy-five dollars, shall issue a certificate of incorporation, upon the receipt of which they may proceed to organize in the manner set forth in their articles of incorporation or association, to open books and receive subscriptions to the policyholders' surplus mentioned in section 379.010 and issue receipts therefor, and to keep such books open until the whole amount specified in its articles of incorporation or association is received; but it shall not be lawful for such company to issue policies or transact any business of any kind, except as aforesaid, until it has fully complied with the requirements of sections 379.070 and 379.075.
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(RSMo 1939 § 5915, A.L. 1947 V. I p. 329, A.L. 1989 S.B. 250)
Prior revisions: 1929 § 5804; 1919 § 6214; 1909 § 7005
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.070 - Director to examine subscriptions, policyholders' surplus.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1989
379.070. Director to examine subscriptions, policyholders' surplus. —
Upon notification that subscriptions to the policyholders' surplus mentioned in section 379.065 have been made, and that the subscriptions therein mentioned have been received, the director shall make an examination, or cause one to be made by some disinterested person specially appointed by him for that purpose; and if it shall be found by himself, or if the person so appointed shall certify, under oath, that the policyholders' surplus has been received, in the manner and to the amount required by section 379.010, and that the amount is held by it in investments permitted by section 379.080, then he shall so certify, and the incorporators or officers of such company shall be required to certify, under oath, that the investments exhibited to the person making the examination, have been received on deposit for subscriptions to such policyholders' surplus.
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(RSMo 1939 § 5916, A.L. 1989 S.B. 250)
Prior revisions: 1929 § 5805; 1919 § 6215; 1909 § 7006
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.075 - Authority to commence business, when, how issued.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1989
379.075. Authority to commence business, when, how issued. —
When the incorporators have fully complied with the requirements of sections 379.010 to 379.070 and the laws of this state governing the organization of private corporations, and such corporation has transferred to and deposited with the director of the director of the department of commerce and insurance of this state the amount required by section 379.098 it shall be the duty of the director to furnish the association a certified copy of the certificate of such deposit and his certificate of authority for them to commence the business proposed in the charter, and a certified copy of the aforesaid declaration and certificates, which, on being filed and recorded in the office of the recorder of the county in which the association is to be located, shall be its authority to commence business and issue policies; and such certified copies of the declaration, certificate of authority and certificate of deposit may be used in evidence for or against such company, with the same effect as the originals.
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(RSMo 1939 § 5917, A.L. 1967 p. 516, A.L. 1989 S.B. 250)
Prior revisions: 1929 § 5806; 1919 § 6216; 1909 § 7007
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.085 - Mutual companies doing fire and marine business, agreements and securities — violation, penalty.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 01 Jul 1987, see footnote
379.085. Mutual companies doing fire and marine business, agreements and securities — violation, penalty. —
1. No company formed upon the mutual plan for the purpose of doing the fire and marine business designated in the first of the three classes of insurance named in section 379.010 shall commence or continue to do business until it has a surplus or guaranty fund of one million six hundred thousand dollars and agreements have been entered into for insurance with at least two hundred applicants, the premiums on which shall amount to not less than one hundred thousand dollars which shall have been paid in cash. Annual cash premiums shall not exceed five hundred dollars each, and no policy shall be issued for a longer term than five years.
2. Except that any mutual company formed upon the mutual plan for the purpose of doing the fire and marine business designated in the first of the three classes of insurance named in section 379.010 and licensed to do business in this state on July 1, 1987, which did not maintain an aggregate amount of at least one million six hundred thousand dollars as a guaranty fund or policyholders' surplus on December 31, 1986, may renew its license for business specified therein if it annually maintains agreements with two hundred applicants, the premiums from which amount to not less than one hundred thousand dollars, and if it maintains an aggregate amount of not less than eight hundred thousand dollars as a guaranty fund or policyholders' surplus, if all other conditions have been met, until December 31, 1989, at which time the provisions of subsection 1 of this section shall be met.
3. Violation of any of the provisions of this section by an insurer is grounds for the revocation of its certificate of authority by the director.
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(RSMo 1939 § 5919, A.L. 1963 p. 485, A.L. 1977 S.B. 368, A.L. 1987 H.B. 700)
Prior revisions: 1929 § 5808; 1919 § 6218; 1909 § 7009
Effective 7-01-87
CROSS REFERENCE:
Substitution of securities, collection of income therefrom, 375.460