reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.790 - Penalty for acting without legal authority.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 2007
379.790. Penalty for acting without legal authority. —
1. It is unlawful for any attorney to exchange any contracts of indemnity of the kind and character specified in sections 379.650 to 379.790, or directly or indirectly solicit or negotiate any applications for same without first complying with the foregoing provisions. However, the director may, in his discretion and on such terms as he may prescribe, issue a permit for organization purposes, the permit to continue in force or be cancelled at the pleasure of the director.
2. 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 this section or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of this section or a rule adopted or order issued pursuant thereto, the director may issue such administrative orders as authorized under section 374.046. A violation of this section is a level one violation under section 374.049.
3. If the director believes that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of this section or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of this section or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048. A violation of this section is a level one violation under section 374.049.
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(RSMo 1939 § 6086, A.L. 1967 p. 516, A.L. 2007 S.B. 66)
Prior revisions: 1929 § 5974; 1919 § 6382
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.800 - Sections 374.030 to 379.790 intended as a continuation of existing law.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
Effective - 28 Aug 1967
379.800. Sections 374.030 to 379.790 intended as a continuation of existing law. —
All of the provisions of the law relating to insurance agents, agencies, brokers and companies, and to the administration and enforcement of the laws of the state relating to insurance by the department of commerce and insurance, which are repealed by sections 374.030 to 379.790 and reenacted hereby in part or in whole under new section numbers in the same or a different chapter, so far as they are the same as those of the prior law, shall be construed as a continuation of such law and not as a new enactment.
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(L. 1967 p. 516 § B)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.808 - Insurance policies on certain real property — beneficiary deemed insured, duration, others covered not affected, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
Effective - 28 Aug 2004
379.808. Insurance policies on certain real property — beneficiary deemed insured, duration, others covered not affected, when. —
In addition to any other coverage provided under an insurance policy on real property transferred by a deed described in section 461.025, the designated grantee beneficiary shall be deemed to be an insured party under the policy for the period from the date of the owner's death until the first to occur of:
(1) The date that is thirty days after the owner's death;
(2) The end of the policy period, determined as if the owner was still living; or
(3) The date the designated grantee beneficiary obtains alternative coverage.
­­Nothing in this section shall affect any coverage provided under the policy to household members or others who are deemed to be insureds upon the death of the owner.
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(L. 2004 H.B. 1090)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.810 - Program established.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1969
379.810. Program established. —
There is hereby established the "Missouri Basic Property Insurance Inspection and Placement Program" (hereinafter referred to as "program" ) to make available basic property insurance to persons having property interests in this state who are in good faith entitled to but who are unable to procure such coverage through ordinary methods. Such program shall provide for the equitable distribution and placement of risks among all insurers in the manner and subject to the conditions hereinafter stated.
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(L. 1969 H.B. 772 § 379.131)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.815 - Definitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 2004
379.815. Definitions. —
As used in this section, the following terms mean:
(1)
"All-industry placement facility"
(hereinafter referred to as "the facility" ), the organization formed by insurers to assist applicants in securing basic property insurance, to issue policies and to administer the program and the joint reinsurance association;
(2)
"Basic property insurance"
, the coverage against direct loss to real and tangible personal property at a fixed location that is provided in the standard fire policy and extended coverage endorsement, including builders' risk, and such vandalism and malicious mischief endorsements, and such other classes of insurance as may be added to the program with respect to the property by amendment as hereinafter provided. Basic property insurance does not include automobile risks or such types of manufacturing risks as the governing committee may exclude with the approval of the director. Any contract, as defined in section 375.918, of the facility shall be subject to the provisions of section 375.918;
(3)
"Commercial"
, basic property insurance not included under the personal lines statistical plan;
(4)
"Director"
, the director of the department of commerce and insurance of the state of Missouri;
(5)
"Habitational"
, basic property insurance included under the personal lines statistical plan;
(6)
"Inspection bureau"
, the rating bureau or other organization designated by the facility with the approval of the director to make inspections as required under the program and to perform such other duties as may be authorized by the facility;
(7)
"Insurer"
, any insurance company, reciprocal or interinsurance exchange or other organization licensed and authorized by the director to write property insurance, including the property insurance components of multiperil policies, on a direct basis, in this state;
(8)
"Person"
includes any individual or group of individuals, corporation, partnership, or association, or any other organized group of persons;
(9)
"Premiums written"
, gross direct premiums (excluding that portion of premium on risks ceded to the joint reinsurance association) charged during the second preceding calendar year with respect to property in this state on all policies of basic property insurance and the basic property insurance premium components of all multiperil policies, as computed by the facility, less return premiums, dividends paid or credited to policyholders, or the unused or unabsorbed portions of premium deposits;
(10)
"Property owner"
, with respect to any real, personal, or mixed real and personal property, means any person having an insurable interest in such property;
(11)
"Secretary"
, the Secretary of the United States Department of Housing and Urban Development.
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(L. 1969 H.B. 772 § 379.131, A.L. 1986 S.B. 701, A.L. 2004 S.B. 1299)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.820 - Inspections and reports.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1986
379.820. Inspections and reports. —
1. Any property owner or his representative, the insurer, or the insurance agent or other producer may request an inspection by the inspection bureau. Such requests need not be in writing. The absence of a building owner or his representative during an inspection shall not preclude a tenant seeking insurance from obtaining an inspection under the program.
2. The manner and scope of the inspections of program business shall be prescribed by the facility with the approval of the director.
3. An inspection report shall be made for each property inspected. The report shall cover pertinent structural and occupancy features as well as the general condition of the building and surrounding structures. A representative photograph of the property may be taken during the inspection.
4. During the inspection, the inspector shall point out features of structure and occupancy to the applicant or his representative and shall indicate those features which may result in condition charges if the risk is accepted. The inspector shall have no authority to advise whether the facility will provide the coverage.
5. Within five business days after the inspection, a copy of the completed inspection report, and any photograph indicating the pertinent features of the building, construction, maintenance, occupancy and surrounding property shall be sent promptly to the facility. Included with the report shall be a rate makeup statement, including any condition charges or surcharges proposed as a result of the inspection and permitted by filings approved by the director. A copy of the inspection report shall be made available to the applicant upon request.
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(L. 1969 H.B. 772 § 379.131, A.L. 1986 S.B. 701)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.825 - Issuance of policy, when — appointment of liability assumed — expenses — limits on liability.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 2004
379.825. Issuance of policy, when — appointment of liability assumed — expenses — limits on liability. —
1. The facility, upon receipt of an application for coverage and the corresponding inspection report from the inspection bureau, shall, after it finds that the property is eligible for insurance under this program, issue a policy.
2. The facility shall apportion the liability so assumed to the insurers in the manner hereinafter provided in section 379.835.
3. Assessments upon each insurer in the program for expenses in connection with program business shall be levied and assessed by the governing committee of the facility in the manner hereinafter provided in section 379.835, subject to such minimum assessment as shall be established by the governing committee.
4. Subject to the insurable value thereof, the maximum limits of liability which may be placed through this program are: on any habitational property at one location, two hundred thousand dollars; and on any commercial property at one location, one million dollars. The facility will endeavor to assist in placement when the requested amount of insurance exceeds the maximum limit of liability available under this program. The word
"location"
as used herein means real and personal property consisting of and contained in a single building or consisting of and contained in contiguous buildings under one ownership.
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(L. 1969 H.B. 772 § 379.131, A.L. 1986 S.B. 701, A.L. 2004 H.B. 1253 merged with S.B. 1299)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.827 - Sinkhole loss policies authorized.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 2014
379.827. Sinkhole loss policies authorized. —
1. As used in this section, the term
"sinkhole loss"
means actual physical damage to a building or property arising out of sudden settlement or collapse of the earth supporting the building, and only when the sudden settlement or collapse results directly from subterranean voids created by the action of water on limestone or similar rock formation and is evidenced by:
(1) The abrupt collapse of the ground cover;
(2) A depression in the ground cover clearly visible to the naked eye;
(3) Structural damage to the covered building, including the foundation; and
(4) The insured structure is uninhabitable, which is evidenced by an order of condemnation by a governmental agency authorized to issue such an order for that structure, where applicable.
2. Upon application, beginning January 1, 2015, the plan may issue a policy exclusively for sinkhole loss on habitational property owned by the applicant in accordance with this section to supplement the applicant's primary coverage for loss on such property issued by an insurer authorized to do business in this state. Coverage shall be only for habitational structures and shall not cover driveways or nonhabitational detached structures. Contents coverage shall apply only if there is covered sinkhole loss on the habitational structure in which the contents were located. Sinkhole coverage under this section shall not include loss for the value of the land or for the costs associated with filling a sinkhole.
3. The provisions of sections
*
379.810 to 379.880 shall apply to policies issued under this section; however the plan may establish specific procedures designed to expedite approval for policies covering sinkhole loss and premiums charged therefor shall be based only on the risk for sinkhole loss applicable to such property. The plan may establish specific claims investigation procedures for sinkhole losses necessary to determine whether any claimed loss was the result of sinkhole activity rather than due to some other form of earth subsidence not covered under the policy.
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(L. 2014 S.B. 691)
*Word "section" appears in original rolls.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.835 - Joint reinsurance association.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1986
379.835. Joint reinsurance association. —
1. A "Joint Reinsurance Association" (hereinafter referred to as "the association" ) shall be created consisting of all insurers. The association shall assume from the facility one hundred percent reinsurance on behalf of insurers and shall distribute the liability in accordance with section 379.825.
2. Each insurer shall participate in the writings, expenses, profits and losses of the association in the following manner:
(1) For habitational risks, the same proportion as its habitational premiums written bear to the aggregate habitational premiums written by all insurers in the program;
(2) For commercial risks, the same proportion as its commercial premiums written bear to the aggregate commercial premiums written by all insurers in the program.
3. Such association shall adopt a plan of operation and rules of procedure which, prior to being placed in effect, shall be filed with and approved by the director. Any amendments to the plan of operation or rules of procedure so adopted shall also be filed with and approved by the director prior to being placed into effect.
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(L. 1969 H.B. 772 § 379.131, A.L. 1986 S.B. 701)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.840 - Standard policy coverage and rating procedure.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1969
379.840. Standard policy coverage and rating procedure. —
All policies issued shall be for basic property insurance on the forms and in accordance with the rate or rating procedures approved by the director for use with the program. Such policies shall be issued for a term of one year.
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(L. 1969 H.B. 772 § 379.131)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.845 - Cancellation or nonrenewal.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1986
379.845. Cancellation or nonrenewal. —
1. The facility shall not cancel a policy or binder issued under the program without approval of the governing committee except in case of:
(1) Evidence of incendiarism (meaning arson by or at the direction of the insured); or
(2) For nonpayment of premium; or
(3) Fraud or material misrepresentation; or
(4) A finding by the facility on the basis of satisfactory evidence that changes in the physical condition of the property or other changed conditions make the risk uninsurable.
2. Any notice of cancellation or notice of nonrenewal of a policy or binder issued under the program, together with a statement of the reason therefor, shall be sent to the insured and a copy retained by the facility. Any such notice shall be sent not less than thirty days prior to the cancellation or nonrenewal of any risk under the program to allow ample time for an application for new coverage to be made and a new policy to be written under the program.
3. Any cancellation or nonrenewal notice to the insured relating to a policy or binder issued under the program shall contain the procedures for obtaining an inspection under the program and shall be accompanied by a statement that the insured has a right of appeal as hereinafter provided.
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(L. 1969 H.B. 772 § 379.131, A.L. 1986 S.B. 701)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.850 - Right of appeal.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1986
379.850. Right of appeal. —
1. Any applicant may appeal a decision of the facility relating to the conditions for acceptance of coverage to the director, in writing, within thirty days from the decision of the facility.
2. Other than as provided in subsection 1 of this section, any applicant or insurer shall have the right of appeal to the governing committee. A decision of the committee may be appealed to the director, in writing, within thirty days from the action or decision of the committee.
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(L. 1969 H.B. 772 § 379.131, A.L. 1986 S.B. 701)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.855 - Commissions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1969
379.855. Commissions. —
1. Commission under the program shall be twelve percent on new business and ten percent on renewal business on the policy premium and shall be paid to the licensed producer designated by the applicant.
2. If a licensed producer is not designated, the commission shall be deposited by the facility in a fund to be held by the director to be applied to the state of Missouri contribution as provided in Section 1223, Para (1), of U.S. Public Law 90-448. One year after termination of the program, any funds so held by the director and not applied as above set out shall be paid over to the treasurer of the state of Missouri as general revenue.
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(L. 1969 H.B. 772 § 379.131)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.860 - Administration of program — governing committee, members, vacancies — immunity from liability, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 2020, 2 histories
379.860. Administration of program — governing committee, members, vacancies — immunity from liability, when. —
1. This program shall be administered by a governing committee (hereinafter referred to as "the committee") of the facility, subject to the supervision of the director, and operated by a manager appointed by the committee.
2. The committee shall consist of thirteen members:
(1) Ten members shall be elected as prescribed in the plan of operation;
(2) Three members shall be appointed by the director from each of the following:
Missouri insurer, one;
Licensed agent of an insurer, two.
­­Not more than one insurer in a group under the same management or ownership shall serve on the committee at the same time.
3. In case of a vacancy on the governing committee the director shall appoint a representative to such vacancy pending the designation or election as provided in the program.
4. There shall be no liability imposed on the part of and no cause of action of any nature shall arise against any member insurer or any member of the governing committee for any omission or action taken in the performance of their powers and duties under sections 379.810 to 379.880.
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(L. 1969 H.B. 772 § 379.131, A.L. 1986 S.B. 701, A.L. 2006 S.B. 837, A.L. 2020 S.B. 551)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.865 - Annual and special meetings.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1969
379.865. Annual and special meetings. —
1. There shall be an annual meeting of the insurers and members of the governing committee on a date fixed by the committee.
2. A special meeting may be called at such time and place designated by the committee or upon the written request to the committee of any ten insurers, not more than one of which may be in a group under the same management or ownership.
3. Twenty days' notice of such annual or special meeting shall be given in writing by the committee to insurers. A majority of the insurers shall constitute a quorum. Voting by proxy shall be permitted. Notice of any meeting shall be accompanied by an agenda for such meeting.
4. Any matter may be proposed and voted upon by mail, provided such procedure is unanimously authorized by the members of the committee present and voting at any meeting of the committee. If so approved by the committee, notice of any proposal shall be mailed to the insurers not less than twenty days prior to the final date fixed by the committee for voting thereon.
5. At any regular or special meeting at which the vote of the insurers is or may be required on any proposal or any vote of the insurers which may be taken by mail on any proposal, such votes shall be cast and counted on a weighted basis in accordance with each insurer's premiums written. On any proposal, deemed by the committee to relate exclusively to habitational or exclusively to commercial business, the votes shall be cast and counted on a weighted basis in accordance with each insurer's respective habitational or commercial premiums written, as the case may be. A proposal shall become effective when approved by at least two-thirds of the votes cast on such weighted basis.
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(L. 1969 H.B. 772 § 379.131)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.870 - Duties of the committee.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1969
379.870. Duties of the committee. —
1. The committee shall meet as often as may be required to perform the general duties of administration of the program or on the call of the director.
2. The committee shall be empowered to appoint a manager, who shall serve at the pleasure of the committee, to budget expenses, levy assessments, disburse funds, and perform all other duties provided herein or necessary or incidental to the proper administration of the program. The adoption of or substantive changes in pension plans or employee benefit programs shall be subject to approval of insurers. Assessments upon each insurer shall be levied on the basis of its premiums written.
3. Annually the manager shall prepare an operating budget which shall be subject to approval of the committee. Such budget shall be furnished to the insurers after approval. Any contemplated expenditure in excess of or not included in the annual budget shall require prior approval by the committee.
4. The committee shall furnish to all insurers and to the director a written report of operations annually in such form and detail as the committee may determine.
5. The presence of seven members of the committee, at least five of whom shall be insurers, shall constitute a quorum.
6. The committee shall appoint an underwriting committee to review with the manager of the program risks which have been submitted for insurance and may appoint such other committees as it may deem advisable.
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(L. 1969 H.B. 772 § 379.131)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.875 - Statistics to be kept, reports.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1986
379.875. Statistics to be kept, reports. —
1. The facility shall separately code and maintain separate statistics on business written in accordance with the foregoing program and shall make reports thereon as may be required by the committee and director.
2. The manager shall submit annually or at such other periods as may be designated by the director to the committee, the director and the Secretary of Housing and Urban Development, a report setting forth the number of requests for inspections, the number of risks inspected, the number of policies written, the number of risks conditionally accepted and reinspections made, the number of risks declined, and such other information as the director may request.
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(L. 1969 H.B. 772 § 379.131, A.L. 1986 S.B. 701)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.880 - Public education.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1969
379.880. Public education. —
All insurers agree to undertake a continuing public education program, in cooperation with producers and others, to assure that the basic property insurance inspection and placement program receives adequate public attention.
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(L. 1969 H.B. 772 § 379.131)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.882 - Definitions for sections 379.882 to 379.886.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 01 Jul 1987, see footnote
379.882. Definitions for sections 379.882 to 379.886. —
As used in sections 379.882 to 379.886:
(1)
"Commercial casualty insurance"
means casualty insurance for business or nonprofit interests which is not for personal, family or household purposes, and which is provided by issuance of a policy of insurance and not merely a binder for such insurance coverage;
(2)
"Director"
means the director of the department of commerce and insurance;
(3)
"Insurer"
means all insurance companies, reciprocals or interinsurance exchanges transacting the business of commercial casualty insurance in this state;
(4)
"Nonpayment of premium"
means failure of the named insured to discharge when due any of his obligations in connection with payment of premiums on the policies or any installment of the premium whether the premium is payable directly to the insurer or its agents or indirectly under any premium finance plan or extension of credit;
(5)
"Nonrenewal"
means the determination of an insurer not to issue or deliver a policy replacing at the end of the policy period a policy previously issued and delivered by the same insurer or a certificate of notice extending the term of a policy beyond its policy period or term;
(6)
"Renewal"
or
"to renew"
means a policy previously issued and delivered by the same insurer or the issuance and delivery of a certificate or notice extending the term of the policy beyond its policy period or term, and any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year.
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(L. 1987 H.B. 700 § 22)
Effective 7-01-87
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.883 - Policy cancellation or nonrenewal requirement of sixty days prior to notification — notice content.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1998
379.883. Policy cancellation or nonrenewal requirement of sixty days prior to notification — notice content. —
1. No notice of cancellation of a commercial casualty insurance policy shall be effective unless prior written notice of the cancellation is mailed or delivered by the insurer to the named insured at least sixty days prior to the effective date of the cancellation, except where the cancellation is based on one or more of the following reasons:
(1) Nonpayment of premium;
(2) Fraud or material misrepresentation affecting the policy or in the presentation of a claim thereunder or a violation of any of the terms or conditions of a policy;
(3) Changes in conditions after the effective date of the policy which have materially increased the hazards originally insured;
(4) Insolvency of the insurer; or
(5) The insurer involuntarily loses reinsurance for the policy.
2. No notice of nonrenewal of a commercial casualty insurance policy shall be effective unless mailed or delivered by the insurer to the named insured at least sixty days prior to the effective date of the nonrenewal.
3. Notice of cancellation or nonrenewal of a commercial casualty insurance policy shall state the insurer's actual reason for proposing the action, the statement of reason to be sufficiently clear and specific so that the recipient can identify the basis of the insurer's decision without further inquiry. An assignment or transfer of a commercial casualty insurance policy among affiliated insurers within an insurance holding company system is not a cancellation or nonrenewal for purposes of sections 379.882 to 379.895.
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(L. 1987 H.B. 700 §§ 23, 24, A.L. 1998 H.B. 1080)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.884 - Policyholder's right to history of policy, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 01 Jul 1987, see footnote
379.884. Policyholder's right to history of policy, when. —
In the case of a cancellation or nonrenewal, the policyholder shall have the right to receive within thirty days of his written request, a statement of his claims history for that policy for the three years prior to the date of the cancellation or nonrenewal, or total experience if the policy has been in effect less than three years prior to cancellation or nonrenewal.
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(L. 1987 H.B. 700 § 25)
Effective 7-01-87
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.885 - Proof of mailing notice of cancellation or nonrenewal.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 01 Jul 1987, see footnote
379.885. Proof of mailing notice of cancellation or nonrenewal. —
Proof of mailing of notice of cancellation or of intention not to renew or reasons for cancellation to the named insured at the address shown in the policy shall be sufficient proof of notice.
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(L. 1987 H.B. 700 § 26)
Effective 7-01-87
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.886 - Cancellation or nonrenewal of entire line or class of insurance requires ninety days' prior notice to director.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 01 Jul 1987, see footnote
379.886. Cancellation or nonrenewal of entire line or class of insurance requires ninety days' prior notice to director. —
No insurance company shall cancel or nonrenew an entire line or class of commercial casualty insurance without giving ninety days' prior written notice to the director prior to the mailing of notices of cancellation or nonrenewal to the insured.
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(L. 1987 H.B. 700 § 27)
Effective 7-01-87
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.889 - Rates not to be excessive, inadequate, or unfairly discriminatory — unfair discrimination defined.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 2002
379.889. Rates not to be excessive, inadequate, or unfairly discriminatory — unfair discrimination defined. —
Commercial casualty insurance rates shall not be excessive, inadequate or unfairly discriminatory. No rate shall be held to be excessive unless such rate is unreasonably high for the insurance coverage provided. No rate shall be held to be inadequate unless such rate is unreasonably low for the insurance coverage provided and is insufficient to sustain projected losses and expenses or unless such rate is unreasonably low for the insurance coverage provided and the use of such rate has, or if continued will have, the effect of destroying competition or creating a monopoly. Unfair discrimination shall be defined to include, but shall not be limited to, the use of rates which unfairly discriminate between risks in the application of like charges or credits or the use of rates which unfairly discriminate between risks having essentially the same hazard.
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(L. 1987 H.B. 700 § 29, A.L. 2002 H.B. 1468)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.890 - Rates, rate plan or rate system filing, when — required actuarial data.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 2002
379.890. Rates, rate plan or rate system filing, when — required actuarial data. —
Supporting actuarial data shall be filed in support of a commercial casualty insurance rate, rating plan, or rating system filing, whenever requested by the director to determine whether rates are excessive, inadequate or unfairly discriminatory. The data shall be in sufficient detail to:
(1) Justify any rate level changes; and
(2) Demonstrate the statistical significance of differences or correlations relevant to rating plan definitions and rate differentials.
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(L. 1987 H.B. 700 § 30, A.L. 2002 H.B. 1468)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.893 - Rules and regulations on modification of rate base, authority of director — procedure.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1995
379.893. Rules and regulations on modification of rate base, authority of director — procedure. —
The director shall have authority to promulgate reasonable rules and regulations limiting or modifying any aspect of any commercial casualty insurance rating plan or rating system which involves a possible modification of the base rate. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1987 H.B. 700 § 31, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.895 - Annual report by commercial casualty insurance companies — form — content of report — exceptions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 01 Jul 1987, see footnote
379.895. Annual report by commercial casualty insurance companies — form — content of report — exceptions. —
1. Every insurance company doing commercial casualty business in this state shall annually on or before March first report its closed claims experience for the previous calendar year to the director on a form prescribed by the director. The form shall include data as required by the director for profitability by line and such other data as the director may prescribe. The information to be included on such report shall also include the following:
(1) Number and dollar amount of claims closed with payment by year incurred for each commercial liability class or line, and the dollar amount reserved for such claims:
(a) In the event a claim is paid pursuant to a verdict being rendered by a court, the insurer shall report the number of claims in which the insurer paid:
a. More than three hundred thousand dollars in noneconomic damages to one person or entity; and
b. More than five hundred thousand dollars in noneconomic damages to a person or entity;
(b) In the event a claim is being paid pursuant to a verdict being rendered by a court assessing punitive damages the insurer shall report the number of claims in which the insured paid:
a. More than three hundred thousand dollars; and
b. More than five hundred thousand dollars;
(2) Number and dollar amount of claims closed without payment by year incurred for each commercial liability class or line, and the dollar amount reserved for such claims.
2. The annual report required by this section shall not include information which is reported to the director pursuant to section 374.415 or pursuant to a report required by any provision of chapter 383.
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(L. 1987 H.B. 700 § 32)
Effective 7-01-87
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.901 - Prepaid service plan defined — agent soliciting memberships, disclosures.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
Effective - 28 Aug 2014
379.901. Prepaid service plan defined — agent soliciting memberships, disclosures. —
1. As used in this section the term
"prepaid legal service plan"
means any person, company, corporation, partnership or other legal entity who collects periodic fees on a prepaid basis from residents of this state in connection with legal coverage other than:
(1) Retainer contracts made by attorneys-at-law with an individual client with fees based on estimates of the nature and amount of legal services to be provided to that specific client and similar contracts made with a group of clients involved in the same or closely related legal matters;
(2) Any lawyer aid or other legal services program for the indigent;
(3) Any employer-employee welfare benefit plans to the extent that state laws are superseded by the Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1144, or any amendments thereto, provided evidence of exemption from state law is shown to the department;
(4) The furnishing of legal assistance by labor unions and other employee organizations to their members in matters relating to employment or occupations;
(5) The furnishing of legal assistance to members or their dependents by churches, cooperatives, educational institutions, credit unions, labor unions or other organizations of employees, where such organizations contract with and pay directly a lawyer or law firm for the provision of legal services, where the assistance is provided as an incident to membership and not on the basis of an optional fee or charge and the administration of such program of legal assistance is wholly conducted by the organization;
(6) Legal services provided by an agency of the federal or state government or a subdivision thereof to its employees.
2. Any person who solicits memberships on behalf of a prepaid legal services plan shall disclose to the consumer in writing that a prepaid legal services plan is not an insurance product and is not regulated by the department of commerce and insurance.
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(L. 1990 H.B. 1739 § 15, A.L. 2014 S.B. 606)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.932 - Applicability of act, conditions — treatment as single carrier or separate carrier — ceding agreements prohibited, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 01 Jul 1993, see footnote
379.932. Applicability of act, conditions — treatment as single carrier or separate carrier — ceding agreements prohibited, when. —
1. Sections 379.930 to 379.952 shall apply to any health benefit plan that provides coverage to the employees of a small employer in this state if any of the following conditions are met:
(1) Any portion of the premium or benefits is paid by or on behalf of the small employer;
(2) An eligible employee or dependent is reimbursed, whether through wage adjustments or otherwise, by or on behalf of the small employer for any portion of the premium; or
(3) The health benefit plan is treated by the employer or any of the eligible employees or dependents as part of a plan or program for the purposes of section 162, section 125 or section 106 of the federal Internal Revenue Code.
2. (1) Except as provided in subdivision (2) of this subsection, for the purposes of sections 379.930 to 379.952, carriers that are affiliated companies or that are eligible to file a consolidated tax return shall be treated as one carrier and any restrictions or limitations imposed by this act
*
shall apply as if all health benefit plans delivered to small employers in this state by such affiliated carriers were issued by one carrier.
(2) An affiliated carrier that is a health maintenance organization having a certificate of authority under section 354.400, et seq., may be considered to be a separate carrier for the purposes of sections 379.930 to 379.952.
(3) Unless otherwise authorized by the director, a small employer carrier shall not enter into one or more ceding arrangements with respect to health benefit plans delivered or issued for delivery to small employers in this state if such arrangements would result in less than fifty percent of the insurance obligation or risk for such health benefit plans being retained by the ceding carrier.
3. Sections 379.930 to 379.952 shall not apply to any plan or program when the employees pay the total cost of the health benefit plan.
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(L. 1992 S.B. 796 § 2)
Effective 7-01-93
*"This act" (S.B. 796, 1992) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.934 - Establishment of class of business, reasons — number of classes that may be established — promulgation of rules for period of transition — establishment of additional classes.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 2016, 2 histories
379.934. Establishment of class of business, reasons — number of classes that may be established — promulgation of rules for period of transition — establishment of additional classes. —
1. For health benefit plans purchased on or before March 23, 2010, a small employer carrier may establish a class of business only to reflect substantial differences in expected claims experience or administrative costs related to the following reasons:
(1) The small employer carrier uses more than one type of system for the marketing and sale of health benefit plans to small employers;
(2) The small employer carrier has acquired a class of business from another small employer carrier; or
(3) The small employer carrier provides coverage to one or more association groups that meet the requirements of subdivision (5) of subsection 1 of section 376.421.
2. A small employer carrier may establish up to nine separate classes of business under subsection 1 of this section. A small employer carrier which immediately prior to July 1, 1993, had established more than nine separate classes of business may, on July 1, 1993, establish no more than twelve separate classes of business, and shall reduce the number of such classes to eleven within one year after July 1, 1993; ten within two years after such date; and nine within three years after such date.
3. The director may promulgate rules to provide for a period of transition in order for a small employer carrier to come into compliance with subsection 2 of this section in the instance of acquisition of an additional class of business from another small employer carrier.
4. The director may approve the establishment of additional classes of business upon application to the director and a finding by the director that such action would enhance the efficiency and fairness of the small employer marketplace.
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(L. 1992 S.B. 796 § 3, A.L. 2016 S.B. 865 & 866)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.946 - Board report, contents, recommendations.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 01 Jul 1993, see footnote
379.946. Board report, contents, recommendations. —
The board shall study and report at least every three years to the director on the effectiveness of sections 379.930 to 379.952. The report shall analyze the effectiveness of sections 379.930 to 379.952 in promoting rate stability, product availability, and coverage affordability. The report may contain recommendations for actions to improve the overall effectiveness, efficiency and fairness of the small group health insurance marketplace. The report shall address whether carriers and producers are fairly and actively marketing or issuing health benefit plans to small employers in fulfillment of the purposes of sections 379.930 to 379.952. The report may contain recommendations for market conduct or other regulatory standards or action.
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(L. 1992 S.B. 796 § 9)
Effective 7-01-93
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.948 - Certain law not to apply to basic health benefit plan.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 01 Jul 1993, see footnote
379.948. Certain law not to apply to basic health benefit plan. —
Except for the coverages specified in subsection 3 of section 376.995, no law requiring the coverage of a particular health care service or benefit, or requiring the reimbursement, utilization or inclusion of a specific category of licensed health care practitioner shall apply to a basic health benefit plan issued pursuant to sections 379.930 to 379.952.
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(L. 1992 S.B. 796 § 10)
Effective 7-01-93
CROSS REFERENCE:
Mammography and other services to be furnished, exceptions to exemptions, 376.995
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 379 - Insurance Other Than Life › Section 379.950 - Director to promulgate rules, procedure.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 379
• Effective - 28 Aug 1995
379.950. Director to promulgate rules, procedure. —
The director may promulgate rules pursuant to chapter 536 for the implementation and administration of sections 379.930 to 379.952 and section 374.184. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1992 S.B. 796 § 11, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)