reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.924 - Contracts to contain address of insurer and notice of address change to be furnished insured, penalty, exception.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
Effective - 28 Aug 1994
375.924. Contracts to contain address of insurer and notice of address change to be furnished insured, penalty, exception. —
1. Any insurer, health services corporation or health maintenance organization, subject to regulation pursuant to chapter 354 or chapters 374 to 385, which delivers or issues for delivery a policy or contract of insurance or coverage in this state shall furnish, either within such policy or contract or in written form annexed to such policy or contract, the address of the principal place of business and telephone number of such insurer, health services corporation or health maintenance organization for purposes of contact by the insured or covered person with the insurer, health services corporation or health maintenance organization.
2. Any insurer, health services corporation or health maintenance organization subject to subsection 1 of this section, other than title insurers governed by chapter 381, which changes such address or telephone number shall inform those insured or covered persons in writing of such change within thirty days of completing such change.
*
3. Violation of this section shall be an unfair trade practice and shall be subject to the provisions of, and penalties provided by, sections 375.930 to 375.948 relating to unfair trade practices.
4. The provisions of subsection 3 of this section shall become effective on July 1, 1993.
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(L. 1992 H.B. 1574 § 23, A.L. 1994 H.B. 1107)
*Provisions of subsection 3 effective 7-1-93
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.930 - Citation of law — purpose — construction.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1991
375.930. Citation of law — purpose — construction. —
1. Sections 375.930 to 375.948 may be cited as the "Unfair Trade Practice Act".
2. The purpose of sections 375.930 to 375.948 is to regulate trade practices in the business of insurance in accordance with the Act of Congress of March 9, 1945 (Public Law 15, 79th Congress), by defining, or providing for the determination of, all such practices in this state which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined. Nothing in sections 375.930 to 375.948 shall be construed to create or imply a private cause of action for a violation of sections 375.930 to 375.948.
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(L. 1959 H.B. 251 § 1, A.L. 1978 H.B. 1447, A.L. 1991 S.B. 53)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.932 - Definitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1991
375.932. Definitions. —
When used in sections 375.930 to 375.948, the following terms mean:
(1)
"Consultant"
, an individual, partnership or corporation who, for a fee, holds himself or itself out to the public as engaged in the business of offering any advice, counsel, opinion or service with respect to the benefits, advantages or disadvantages promised under any policy of insurance that could be issued in this state;
(2)
"Director"
, the director of the department of commerce and insurance of this state;
(3)
"Insurer"
, any person, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance, including agents, brokers, adjusters and third-party administrators. "Insurer" also includes health services corporations, health maintenance organizations, prepaid limited health care service plans, dental, optometric and other similar health service plans. For purposes of sections 375.930 to 375.948 such entities shall be deemed to be engaged in the business of insurance. "Insurer" shall also include all companies organized, incorporated or doing business under the provisions of chapters 325, 375, 376, 377, 378, 379, 381 and 383;
(4)
"Person"
, any natural or artificial entity, including, but not limited to, individuals, partnerships, associations, trusts or corporations;
(5)
"Policy"
,
"certificate"
or
"contract"
includes any contract of insurance, indemnity, medical, health or hospital service, suretyship, or annuity issued, proposed for issuance, or intended for issuance by any insurer.
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(L. 1959 H.B. 251 § 2, A.L. 1978 H.B. 1447, A.L. 1991 S.B. 53)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.934 - Unfair trade practices — conditions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1991
375.934. Unfair trade practices — conditions. —
It is an unfair trade practice for any insurer to commit any practice defined in section 375.936 if:
(1) It is committed in conscious disregard of sections 375.930 to 375.948 or of any rules promulgated under sections 375.930 to 375.948; or
(2) It has been committed with such frequency to indicate a general business practice to engage in that type of conduct.
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(L. 1959 H.B. 251 § 3, A.L. 1978 H.B. 1447, A.L. 1991 S.B. 53)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.938 - Director may investigate companies.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1991
375.938. Director may investigate companies. —
The director shall have power to examine and investigate into the affairs of every insurer in this state in order to determine whether such insurer has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by sections 375.934 and 375.937.
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(L. 1959 H.B. 251 § 5, A.L. 1978 H.B. 1447, A.L. 1991 S.B. 53)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.940 - Procedure on charges or belief of unfair practices.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2007
375.940. Procedure on charges or belief of unfair practices. —
Whenever the director shall have reason to believe that any person or insurer has been engaged or is engaging in this state in any unfair method of competition or any unfair or deceptive act or practice in violation of sections 375.930 to 375.948, and that a proceeding by the director in respect thereto would be to the interest of the public, the director shall issue and serve upon such person or insurer a statement of the charges under the procedures set forth in section 374.046.
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(L. 1959 H.B. 251 § 6, A.L. 1978 H.B. 1447, A.L. 1991 S.B. 53, A.L. 2007 S.B. 66)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.942 - Administrative order for prohibited practices — penalty.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2007
375.942. Administrative order for prohibited practices — penalty. —
1. If the director determines that an insurer has engaged, is engaging, or has taken a substantial step toward engaging in an act, practice, or course of business constituting a violation of sections 375.930 to 375.948 or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding a practice constituting a violation of sections 375.930 to 375.948 or a rule adopted or order issued pursuant thereto, the director may issue such administrative orders as authorized under section 374.046. Each practice in violation of section 375.934 is a level two violation under section 374.049. Each act as part of a trade practice does not constitute a separate violation under section 374.049. The director may also suspend or revoke the license or certificate of authority of an insurer for any willful violation.
2. If the director believes that an insurer 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 375.930 to 375.948 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 conduct constituting a violation of sections 375.930 to 375.948 or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048. Each practice in violation of section 375.934 is a level two violation under section 374.049. Each act as part of a trade practice does not constitute a separate violation under section 374.049.
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(L. 1959 H.B. 251 § 7, A.L. 1978 H.B. 1447, A.L. 1991 S.B. 53, A.L. 2007 S.B. 66)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.944 - Judicial review — decree, order — additional evidence — finality of order, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1991
375.944. Judicial review — decree, order — additional evidence — finality of order, when. —
1. Any person, including any person who has been permitted to intervene, who is aggrieved by a final order or decision of the director shall be entitled to judicial review thereof, as provided in sections 536.100 to 536.140.
2. The court shall make and enter upon the pleadings, evidence and proceedings set forth in the transcript a decree modifying, affirming or reversing the order of the director, in whole or in part. To the extent that the order of the director is affirmed, the court shall thereupon issue its own order commanding obedience to the terms of such order of the director. If either party shall apply to the court for leave to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the director, the court may order such additional evidence to be taken before the director and to be adduced upon the hearing in such manner and upon such terms and conditions as the court may deem proper. The director may modify his findings of fact, or make new findings by reason of the additional evidence so taken, and he shall file such modified or new findings which are supported by evidence on the record and his recommendation, if any, for the modification or setting aside of his original order, with the return of such additional evidence.
3. An order issued by the director under section 375.942 shall become final:
(1) Upon the expiration of the time allowed for filing a petition for review if no such petition has been duly filed within such time; except that the director may thereafter modify or set aside his order to the extent provided in subsection 2 of section 375.942; or
(2) Upon the final decision of the court if the court directs that the order of the director be affirmed or the petition for review dismissed.
4. No order of the director under section 375.942 or order of a court to enforce the same shall in any way relieve or absolve any person affected by such order from any liability under any other laws of this state.
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(L. 1959 H.B. 251 § 8, A.L. 1991 S.B 53)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.945 - Director's determination, judicial review.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1991
375.945. Director's determination, judicial review. —
1. If after reviewing a written complaint alleging a violation of section 375.936 or 375.937 the director determines that a proceeding pursuant to section 375.940 would not be in the interest of the public, then any person who alleged commission of an unfair act or practice under section 375.936 or 375.937 shall be entitled to judicial review within thirty days of such determination as provided in section 536.140. The director's determination shall be in writing and shall state the reasons for such a determination. If the court, after reviewing such written complaint and written determination, finds under such section that a proceeding pursuant to section 375.940 would be in the interest of the public, the court may order the director to institute such proceedings. In addition, such person shall have the right pursuant to section 375.944 to request leave of court to adduce additional evidence before the court prior to the court entering an order under this subsection.
2. If after any hearing under section 375.940 or 375.946, the report of the director does not charge a violation of section 375.936 or 375.937, then any person who alleged commission of an unfair act or practice under this act
*
may, within thirty days after the mailing or delivery of such report, cause a petition for review to be filed in the circuit court of Cole County for a review of such report, in the manner provided in sections 536.100 to 536.140. Upon such review, the court shall have authority to issue appropriate orders and decrees in connections therewith, including, if the court finds that it is to the interest of the public, orders enjoining the restraining the continuance of any method of competitions, act or practice which it finds constitutes a violation of sections 375.930 to 375.948 and containing penalties as provided by section 375.942.
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(L. 1991 S.B. 53)
*"This act" (S.B. 53, 1991) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.946 - Violation of desist order, penalty.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2007
375.946. Violation of desist order, penalty. —
It is unlawful for any person to violate any provision of a cease and desist order of the director under section 375.942. The director may institute an action under sections 374.046 and 374.047 as necessary to enforce any such order.
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(L. 1959 H.B. 251 § 9, A.L. 1978 H.B. 1447, A.L. 1991 S.B. 53, A.L. 2007 S.B. 66)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.948 - Additional powers of director — promulgation of rules.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1991
375.948. Additional powers of director — promulgation of rules. —
1. The powers vested in the director by sections 375.930 to 375.948 shall be additional to any other powers to enforce any penalties, fines or forfeitures authorized by law with respect to the methods, acts and practices hereby declared to be unfair or deceptive.
2. The director may, after notice and hearing, promulgate reasonable rules, regulations and orders as are necessary or proper to carry out and effectuate the provisions of sections 375.930 to 375.948.
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(L. 1959 H.B. 251 § 10, A.L. 1978 H.B. 1447, A.L. 1991 S.B. 53)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.958 - Ancillary receiver, appointed when, entitled to what property, duties.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 16 Jun 1976, see footnote
375.958. Ancillary receiver, appointed when, entitled to what property, duties. —
1. Whenever under the laws of this state an ancillary receiver is to be appointed in delinquency proceedings for an insurer not domiciled in this state, the court shall appoint the director of the department of commerce and insurance as ancillary receiver. The director shall file a petition requesting the appointment if he finds that there are sufficient assets of such insurer located in this state to justify the appointment of an ancillary receiver. Notwithstanding any other provision of the insurance laws of this state, said petition may be filed in the circuit court in the county or city in which the insurer has or last had its principal or chief office or place of business in this state or in the county of Cole.
2. The domiciliary receiver of an insurer domiciled in a reciprocal state shall be vested by operation of law with the title to all of the property, contracts, and rights of action, and all of the books and records of the insurer located in this state, and he shall have the immediate right to recover balances due from local agents and to obtain possession of any books and records of the insurer found in this state. He shall also be entitled to recover the other assets of the insurer located in this state except that upon the appointment of an ancillary receiver in this state, the ancillary receiver shall during the ancillary receivership proceedings have the sole right to recover such other assets. The ancillary receiver shall, as soon as practicable, liquidate from their respective securities those special deposit claims and secured claims which are proved and allowed in the ancillary proceedings in this state, and shall pay the necessary expenses of the proceedings. All remaining assets shall be promptly transferred to the domiciliary receiver. Subject to the foregoing provisions the ancillary receiver and his deputies shall have the same powers and be subject to the same duties with respect to the administration of such assets as a receiver of an insurer domiciled in this state.
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(L. 1976 H.B. 1479 § 3)
Effective 6-16-76
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.962 - Delinquency proceeding in this state, claimants to file claims, with whom, when — controverted claims, proven where — effect of judgment in ancillary state.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 16 Jun 1976, see footnote
375.962. Delinquency proceeding in this state, claimants to file claims, with whom, when — controverted claims, proven where — effect of judgment in ancillary state. —
1. In a delinquency proceeding begun in this state against an insurer domiciled in this state, claimants residing in reciprocal states may file claims either with the ancillary receivers, if any in their respective states, or with the domiciliary receiver. All such claims must be filed on or before the last date fixed for the filing of claims in the domiciliary delinquency proceedings.
2. Controverted claims belonging to the claimants residing in reciprocal states may either (a) be proved in this state as provided by law, or (b) if ancillary proceedings have been commenced in such reciprocal states, may be proved in those proceedings. In the event a claimant elects to prove his claim in ancillary proceedings, if notice of the claim and opportunity to appear and be heard is afforded the domiciliary receiver of this state as provided in section 375.966 with respect to ancillary proceedings in this state, the final allowance of such claim by the courts in the ancillary state shall be accepted in this state as conclusive as to its amount, and shall also be accepted as conclusive as to its priority, if any, against special deposits or other security located within the ancillary state.
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(L. 1976 H.B. 1479 § 4)
Effective 6-16-76
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.966 - Delinquency proceeding in another state, claimants to file claims, with whom, when — controverted claims, proven where — effect of judgment.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 16 Jun 1976, see footnote
375.966. Delinquency proceeding in another state, claimants to file claims, with whom, when — controverted claims, proven where — effect of judgment. —
1. In a delinquency proceeding in a reciprocal state against an insurer domiciled in that state, claimants against such insurer who reside within this state may file claims either with the ancillary receiver, if any, appointed in this state, or with the domiciliary receiver. All such claims must be filed on or before the last date fixed for the filing of claims in the domiciliary delinquency proceeding.
2. Controverted claims belonging to claimants residing in this state may either (a) be proved in the domiciliary state as provided by the law of that state, or (b) if ancillary proceedings have been commenced in this state, be proved in those proceedings. In the event that any such claimant elects to prove his claim in this state, he shall file his claim with the ancillary receiver in the manner provided by the law of this state for the proving of claims against insurers domiciled in this state, and he shall give notice in writing to the receiver in the domiciliary state, either by registered mail or by personal service. The notice shall contain a concise statement of the amount of the claim, the facts on which the claim is based, and the priorities asserted, if any. The domiciliary receiver shall be entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim. The final allowance of the claim by the courts of this state shall be accepted as conclusive as to its amount, and shall also be accepted as conclusive as to its priority, if any, against special deposits or other security located within this state.
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(L. 1976 H.B. 1479 § 5)
Effective 6-16-76
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.970 - Preferred claims, how determined.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 16 Jun 1976, see footnote
375.970. Preferred claims, how determined. —
1. In a delinquency proceeding against an insurer domiciled in this state, claims owing to residents of ancillary states shall be preferred claims if like claims are preferred under the laws of this state. All such claims whether owing to residents or nonresidents shall be given equal priority of payment from general assets. No law of an ancillary state providing for preferred claims against the general assets of insurers shall be recognized as against the assets of delinquent domiciliary insurers of this state regardless of where such assets may be located.
2. In a delinquency proceeding against an insurer domiciled in a reciprocal state, claims owing to residents of this state shall be preferred if like claims are preferred by the laws of that state.
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(L. 1976 H.B. 1479 § 6)
Effective 6-16-76
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.974 - Owners of special deposit claims, priority.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 16 Jun 1976, see footnote
375.974. Owners of special deposit claims, priority. —
The owners of special deposit claims against an insurer for which a receiver is appointed in this or any other state shall be given priority against their several special deposits. If there is a deficiency in any such deposit so that the claims secured thereby are not fully discharged therefrom, the claimants may share in the general assets, but such sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit.
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(L. 1976 H.B. 1479 § 7)
Effective 6-16-76
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.978 - Secured claim, may file as general creditor, may resort to security, deficiency treated, how.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 16 Jun 1976, see footnote
375.978. Secured claim, may file as general creditor, may resort to security, deficiency treated, how. —
The owner of a secured claim against an insurer for which a receiver has been appointed in this or any other state may surrender his security and file his claim as a general creditor, or the claim may be discharged by resort to the security, in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors. The amount of such delinquency shall be ascertained and determined in the delinquency proceeding in the domiciliary state of such insurer.
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(L. 1976 H.B. 1479 § 8)
Effective 6-16-76
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.982 - Limitation on bringing proceedings, certain liens void.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 16 Jun 1976, see footnote
375.982. Limitation on bringing proceedings, certain liens void. —
During the pendency of delinquency proceedings in this or any reciprocal state no action or proceeding in the nature of an attachment, garnishment, or execution shall be commenced or maintained in the courts of this state against the delinquent insurer or its assets. Any lien obtained by any such action or proceeding within four months prior to the commencement of any such delinquency proceeding or at any time thereafter shall be void as against any rights arising in such delinquency proceeding.
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(L. 1976 H.B. 1479 § 9)
Effective 6-16-76
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.986 - Receiver in reciprocal state may sue.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 16 Jun 1976, see footnote
375.986. Receiver in reciprocal state may sue. —
The domiciliary receiver of an insurer domiciled in a reciprocal state may sue in this state to recover any assets of such insurer to which he may be entitled under the laws of this state.
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(L. 1976 H.B. 1479 § 10)
Effective 6-16-76
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.990 - Severability clause — interpretation of sections 375.950 to 375.990.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1992
375.990. Severability clause — interpretation of sections 375.950 to 375.990. —
1. If any provision of sections 375.950 to 375.990 or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of sections 375.950 to 375.990 which can be given effect without the invalid provision or application, and to this end the provisions of sections 375.950 to 375.990 are declared to be severable.
2. Sections 375.950 to 375.990 shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.
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(L. 1976 H.B. 1479 § 11, A.L. 1992 H.B. 1574)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.992 - Fraudulent claims for benefits — form — notice to department, when — procedure.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1990
375.992. Fraudulent claims for benefits — form — notice to department, when — procedure. —
Any company which believes that a fraudulent claim is being made shall, within sixty days of the receipt of such notice, send to the department of commerce and insurance, on a form prescribed by the department, the information requested and such additional information relative to the claim and the parties claiming loss or damages because of the accident as the department may require. The department of commerce and insurance shall review such reports and select such claims as, in its judgment, may require further investigation. It shall then cause an independent examination of the facts surrounding such claim to be made to determine the extent, if any, to which fraud, deceit, or intentional misrepresentation of any kind exists in the submission of the claim. The department of commerce and insurance shall report any alleged violations of law which its investigations disclose to the appropriate licensing agency and prosecutive authority having jurisdiction with respect to any such violation.
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(L. 1990 H.B. 1739 § 3 subsec. 4)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.993 - Department's papers, report, evidence not subject to public inspection or subpoena if part of investigation, release, when — no civil liability for filing reports or furnishing information.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2012
375.993. Department's papers, report, evidence not subject to public inspection or subpoena if part of investigation, release, when — no civil liability for filing reports or furnishing information. —
1. The department's papers, documents, reports, or evidence relative to the subject of an investigation under this section shall not be subject to public inspection for so long as the department deems reasonably necessary to complete the investigation and any subsequent legal action. Further, such papers, documents, reports, or evidence relative to the subject of an investigation under sections 375.991 to 375.994 shall not be subject to subpoena until opened for public inspection by the department, unless the department consents, or until, after notice to the department and a hearing, the court determines the department would not be unnecessarily hindered by such subpoena. Department investigators shall not be subject to subpoena in civil actions by any court of this state to testify concerning any matter of which they have knowledge pursuant to a pending insurance fraud investigation by the department.
2. No insurer, employees or agents of any insurer, or any other person acting without malice, shall be subject to civil liability of any kind, including for libel and slander by virtue of the filing of reports or furnishing other information required by sections 375.991 to 375.994 or required by the department of commerce and insurance as a result of the authority granted in sections 375.991 to 375.994. In addition, except when a person knowingly and intentionally communicates false information, no civil cause of action of any nature may arise against such person for any of the following:
(1) Any information relating to suspected or anticipated fraudulent insurance acts furnished to or received from law enforcement officials, their agents, and employees;
(2) Any information relating to suspected or anticipated fraudulent insurance acts furnished to or received from other persons subject to the provisions of sections 375.991 to 375.994 and this section;
(3) Any information relating to suspected or anticipated fraudulent insurance acts furnished in reports to a federal or state governmental agency or office, the National Association of Insurance Commissioners, the National Insurance Crime Bureau, or any other organization established to detect and prevent fraudulent insurance acts, or to their agents, employees, or designees, or a recognized comprehensive database system recognized by the department.
­­Nothing herein is intended to abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person.
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(L. 1990 H.B. 1739 § 3 subsecs. 5, 6, A.L. 2012 H.B. 1495)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1000 - Citation — purpose — construction.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1991
375.1000. Citation — purpose — construction. —
1. Sections 375.1000 to 375.1018 may be cited as the "Unfair Claims Settlement Practices Act".
2. The purpose of sections 375.1000 to 375.1018 is to set forth standards for the investigation and disposition of claims arising under contracts or certificates of insurance. It is not intended to cover claims involving workers' compensation, fidelity, suretyship or boiler and machinery insurance. Nothing in sections 375.1000 to 375.1018 shall be construed to create or imply a private cause of action for violation of sections 375.1000 to 375.1018.
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(L. 1991 S.B. 53 §§ 1, 2)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1002 - Definitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1991
375.1002. Definitions. —
As used in sections 375.1000 to 375.1018, the following terms mean:
(1)
"Director"
, the director of the department of commerce and insurance;
(2)
"Insurer"
, any person, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance, including agents, brokers, adjusters, public adjuster and third party administrators. "Insurer" shall also mean health services corporations, health maintenance organizations, prepaid limited health care service plans, dental, optometric and other similar health service plans. For the purposes of sections 375.1000 to 375.1018, these foregoing entities shall be deemed to be engaged in the business of insurance. "Insurer" shall also include all companies organized, incorporated or doing business under the provisions of chapters 325, 375, 376, 377, 378, 379, 381 and 383;
(3)
"Person"
, any natural or artificial entity, or aggregate of such entities, including, but not limited to, individuals, partnerships, associations, trusts or corporations;
(4)
"Policy"
,
"certificate"
or
"contract"
includes any contract of insurance, indemnity, medical, health or hospital service, suretyship, or annuity issued, proposed for issuance, or intended for issuance by any insurer. "Policy" or "certificate", for the purposes of sections 375.1000 to 375.1018, shall not mean contracts of workers' compensation, fidelity, suretyship or boiler and machinery insurance. This definition shall include all entities and activities to the extent not preempted by the federal Employees' Retirement Income Security Act.
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(L. 1991 S.B. 53 § 3)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1005 - Improper claims practice, conditions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1991
375.1005. Improper claims practice, conditions. —
It is an improper claims practice for any domestic, foreign or alien insurer transacting business in this state to commit any of the acts defined in section 375.1007 if:
(1) It is committed in conscious disregard of sections 375.1000 to 375.1018 or any rules promulgated under sections 375.1000 to 375.1018; or
(2) It has been committed with such frequency to indicate a general business practice to engage in that type of conduct.
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(L. 1991 S.B. 53 § 4)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1007 - Improper claims practices.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1993
375.1007. Improper claims practices. —
Any of the following acts by an insurer, if committed in violation of section 375.1005, constitutes an improper claims practice:
(1) Misrepresenting to claimants and insureds relevant facts or policy provisions relating to coverages at issue;
(2) Failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under its policies;
(3) Failing to adopt and implement reasonable standards for the prompt investigation and settlement of claims arising under its policies;
(4) Not attempting in good faith to effectuate prompt, fair and equitable settlement of claims submitted in which liability has become reasonably clear;
(5) Compelling insureds or beneficiaries to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them;
(6) Refusing to pay claims without conducting a reasonable investigation;
(7) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed and communicated to the insurer;
(8) Attempting to settle a claim for less than the amount to which a reasonable person would believe the insured or beneficiary was entitled by reference to written or printed advertising material accompanying or made part of an application;
(9) Attempting to settle claims on the basis of an application which was materially altered without notice to, or knowledge or consent of, the insured;
(10) Making a claims payment to an insured or beneficiary without indicating the coverage under which each payment is being made;
(11) Unreasonably delaying the investigation or payment of claims by requiring both a formal proof of loss form and subsequent verification that would result in duplication of information and verification appearing in the formal proof of loss form;
(12) Failing in the case of claims denial or offers of a compromise settlement to promptly provide a reasonable and accurate explanation of the basis for such actions;
(13) Failing to provide forms necessary to present claims within fifteen calendar days of a request with reasonable explanations regarding their use;
(14) Failing to adopt and implement reasonable standards to assure that the repairs of a repairer owned by or required to be used by the insurer are performed in a workmanlike manner;
(15) Failing to promptly settle claims where liability has become reasonably clear under one portion of the insurance policy coverage in order to influence settlements under other portions of the insurance policy coverage.
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(L. 1991 S.B. 53 § 5, A.L. 1993 H.B. 709)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1009 - Director may investigate.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1991
375.1009. Director may investigate. —
The director may examine and investigate into the affairs of every insurer in this state in order to determine whether such insurer has been or is engaged in any improper claims practice prohibited by sections 375.1005 and 375.1007.
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(L. 1991 S.B. 53 § 6)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1010 - Director may initiate proceedings.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2007
375.1010. Director may initiate proceedings. —
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 375.1000 to 375.1018 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 375.1000 to 375.1018 or a rule adopted or order issued pursuant thereto, the director may issue such administrative orders as authorized under section 374.046. Each practice in violation of section 375.1005 is a level two violation under section 374.049. Each act as part of a claims settlement practice does not constitute a separate violation under section 374.049. The director may also suspend or revoke the license or certificate of authority of an insurer for any willful violation.
2. If the director believes that an insurer 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 375.1000 to 375.1018 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 375.1000 to 375.1018 or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048. Each practice in violation of section 375.1005 is a level two violation under section 374.049. Each act as part of a claims settlement practice does not constitute a separate violation under section 374.049.
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(L. 1991 S.B. 53 § 7, A.L. 2007 S.B. 66)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1012 - Director's findings — cease and desist orders — penalty, suspension, revocation — appeal.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1991
375.1012. Director's findings — cease and desist orders — penalty, suspension, revocation — appeal. —
1. If, after such hearing, the director determines that the insurer charged had engaged in an improper claims practice prohibited by sections 375.1000 to 375.1018, he shall reduce his findings to writing and shall issue and cause to be served upon the person charged with the violation a copy of such findings and an order requiring such person to cease and desist from engaging in such improper claims practice, and thereafter the director may, at his discretion order one or more of the following:
(1) Payment of a monetary penalty of not more than one thousand dollars for each violation but not to exceed an aggregate penalty of one hundred thousand dollars in any twelve-month period unless the violation was committed flagrantly and in conscious disregard of sections 375.1000 to 375.1018, in which case the penalty shall be not more than twenty-five thousand dollars for each violation but not to exceed an aggregate penalty of two hundred fifty thousand dollars in any twelve-month period;
(2) Suspension or revocation of the insurer's license if such insurer knew or reasonably should have known it was in violation of sections 375.1000 to 375.1018.
2. Until the expiration of the time allowed under section 375.1016 for filing a petition for judicial review, if no such petition has been duly filed within such time, or if a petition for review has been filed within such time, then until the transcript of the record in the proceeding has been filed in the circuit court of Cole County, the director may at any time, upon such notice and in such manner as he shall deem proper, modify or set aside in whole or in part any order issued by him under this section.
3. After the expiration of the time allowed for filing such a petition for review, if no such petition has been duly filed within such time, the director may at any time, after notice and opportunity for hearing, reopen and alter, modify or set aside, in whole or in part, any order issued by him under this section, whenever in his opinion conditions of fact or of law have so changed as to require such action or if the public interest shall so require.
4. Nothing contained in sections 375.1000 to 375.1018 shall be construed to prohibit the director and the person from agreeing to a voluntary forfeiture with or without proceedings being instituted.
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(L. 1991 S.B. 53 § 8)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1014 - Judicial review.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2007
375.1014. Judicial review. —
1. A final order issued by the director under sections 375.1000 to 375.1018 is subject to judicial review in accordance with the provisions of chapter 536 in the circuit court of Cole County.
2. No order of the director under section 375.942 or order of a court to enforce the same shall in any way relieve or absolve any person affected by such order from any liability under any other laws of this state.
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(L. 1991 S.B. 53 § 9, A.L. 2007 S.B. 66)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1016 - Violation of cease and desist order.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2007
375.1016. Violation of cease and desist order. —
It is unlawful for any person to violate any provision of a cease and desist order of the director under section 375.1012, and the director may institute an action under sections 374.046 and 374.047 as necessary to enforce any such order.
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(L. 1991 S.B. 53 § 10, A.L. 2007 S.B. 66)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1018 - Director's powers additional to others — rules and regulations.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1991
375.1018. Director's powers additional to others — rules and regulations. —
1. The powers vested in the director by sections 375.1000 to 375.1018 shall be additional to any other powers to enforce any penalties, fines or forfeitures authorized by law with respect to the methods, acts and practices hereby declared to be improper.
2. The director may, after notice and hearing, promulgate reasonable rules, regulations and orders as are necessary or proper to carry out and effectuate the provisions of sections 375.1000 to 375.1018.
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(L. 1991 S.B. 53 § 11)