reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.170 - Forms furnished companies.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jul 1987, see footnote
374.170. Forms furnished companies. —
The director of the department of commerce and insurance shall cause to be prepared, and furnished to every insurance company doing business in this state, forms of the statements required by him from said companies, and he may make such changes and additions, from time to time, in the same, and in any statements required, as shall seem to him best adapted to elicit from said companies a true exhibit of their condition and management.
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(RSMo 1939 § 5791, A.L. 1987 H.B. 700)
Prior revisions: 1929 § 5681; 1919 § 6092; 1909 § 6886
Effective 7-01-87
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.180 - Director to prepare report — publication — special reports.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2008
374.180. Director to prepare report — publication — special reports. —
1. The director of the department of commerce and insurance shall prepare the following information to be included in the biennial report to the general assembly:
(1) A brief review of the department during the period covered by the report, including a verified statement of the various sums received and disbursed by him, and from and to whom, and for what purposes;
(2) Name, address, capital stock, in case of companies having a capital stock, resources, insurance in force, and the amount and nature of collateral deposited by each insurance company or association authorized or licensed to do business in this state;
(3) A tabular statement, and synopsis of the annual statements, as accepted by the director, of all insurance companies doing business in this state;
(4) Such other matters as in his opinion may be for the benefit of the public and such recommendations as he shall deem proper in regard to the insurance laws of this state.
2. No more than two thousand copies of such report shall be published by order of the director, at the expense of the department.
3. The director shall make such additional reports as shall be required by the governor.
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(RSMo 1939 §§ 5792, 5797, 15005, A. 1949 H.B. 2115, A.L. 2008 S.B. 788)
Prior revisions: 1929 §§ 5682, 5687, 13812; 1919 §§ 6093, 6098; 1909 §§ 6887, 6892
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.182 - Organization plan to be submitted — contents.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1990
374.182. Organization plan to be submitted — contents. —
The department shall submit an organizational plan in the same manner as is required of departments under subsection (2) of section 1 of the Reorganization Act of 1974; provided, however, that the compensation levels to be reported shall include those of the director, the deputy director, the assistant director for policies and licenses, the assistant director for consumer services and the general counsel.
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(L. 1990 H.B. 1739 § 4)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.185 - Uniformity of regulation, director to cooperate.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2016, 2 histories
374.185. Uniformity of regulation, director to cooperate. —
1. The director may cooperate, coordinate, and consult with other members of the National Association of Insurance Commissioners, the commissioner of securities, state securities regulators, the division of finance, the division of credit unions, the attorney general, federal banking and securities regulators, the National Association of Securities Dealers (NASD), the United States Department of Justice, the Commodity Futures Trading Commission, the Federal Trade Commission, and the United States Department of Health and Human Services to effectuate greater uniformity in insurance and financial services regulation among state and federal governments, and self-regulatory organizations. The director may share records with any aforesaid entity, except that any record that is confidential, privileged, or otherwise protected from disclosure by law shall not be disclosed unless such entity agrees in writing prior to receiving such record to provide it the same protection. No waiver of any applicable privilege or claim of confidentiality regarding any record shall occur as the result of any disclosure.
2. In cooperating, coordinating, consulting, and sharing records and information under this section and in acting by rule, order, or waiver under the laws relating to insurance, the director shall, at the discretion of the director, take into consideration in carrying out the public interest the following general policies:
(1) Maximizing effectiveness of regulation for the protection of insurance consumers;
(2) Maximizing uniformity in regulatory standards; and
(3) Minimizing burdens on the business of insurance, without adversely affecting essentials of consumer protection.
3. The cooperation, coordination, consultation, and sharing of records and information authorized by this section includes:
(1) Establishing or employing one or more designees as a central electronic depository for licensing and rate and form filings with the director and for records required or allowed to be maintained;
(2) Encouraging insurance companies and producers to implement electronic filing through a central electronic depository;
(3) Developing and maintaining uniform forms;
(4) Conducting joint market conduct examinations and other investigations through collaboration and cooperation with other insurance regulators;
(5) Holding joint administrative hearings;
(6) Instituting and prosecuting joint civil or administrative enforcement proceedings;
(7) Sharing and exchanging personnel;
(8) Coordinating licensing under section 375.014;
(9) Formulating rules, statements of policy, guidelines, forms, no action determinations, and bulletins; and
(10) Formulating common systems and procedures.
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(L. 2007 S.B. 66, A.L. 2016 S.B. 865 & 866)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.190 - Investigation of companies.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1992
374.190. Investigation of companies. —
1. The director shall examine and inquire into all violations of the insurance laws of the state, and inquire into and investigate the business of insurance transacted in this state by any insurance agent, broker, agency or insurance company.
2. He or any of his duly appointed agents may compel the attendance before him, and may examine, under oath, the directors, officers, agents, employees, solicitors, attorneys or any other person, in reference to the condition, affairs, management of the business, or any matters relating thereto. He may administer oaths or affirmations, and shall have power to summon and compel the attendance of witnesses, and to require and compel the production of records, books, papers, contracts or other documents, if necessary.
3. The director may make and conduct the investigation in person, or he may appoint one or more persons to make and conduct the same for him. If made by another than the director in person, the person duly appointed by the director shall have the same powers as above granted to the director. A certificate of appointment, under the official seal of the director, shall be sufficient authority and evidence thereof for the person or persons to act. For the purpose of making the investigations, or having the same made, the director may employ the necessary clerical, actuarial and other assistance.
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(RSMo 1939 § 5794, A. 1949 H.B. 2115, A.L. 1967 p. 516, A.L. 1992 H.B. 1574)
Prior revisions: 1929 § 5684; 1919 § 6095; 1909 § 6889
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.191 - Interest rate on certain claims, refunds, penalties, or payments under legal or remedial actions — inapplicable, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2019, 2 histories
374.191. Interest rate on certain claims, refunds, penalties, or payments under legal or remedial actions — inapplicable, when. —
1. If an insurance company is required to pay interest on any claims, refunds, penalties, or payments under a market conduct examination, investigation, stipulation of settlement agreement, voluntary forfeiture agreement, or any other legal or remedial action ordered by the department under any law of this state in which the interest rate is not provided for by law, or voluntarily pays interest on any claims, refunds, penalties, or payments in which the interest rate is not provided for by law, such claims, refunds, penalties, or payments shall bear interest at the annual adjusted prime rate of interest as determined by section 32.065, but under no circumstance shall such interest rate exceed nine percent per annum.
2. The provisions of this section shall not apply to payments subject to the provisions of section 376.383 nor any other statute in which the interest rate is specified.
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(L. 2017 H.B. 292, A.L. 2019 H.B. 182 merged with S.B. 54)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.202 - Purpose of law — definitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2008
374.202. Purpose of law — definitions. —
1. The purpose of sections 374.202 to 374.207 is to provide an effective and efficient system for examining the activities, operations, financial or market conduct, condition and affairs of all persons transacting the business of insurance in this state and all persons otherwise subject to the jurisdiction of the director. The provisions of sections 374.202 to 374.207 are intended to enable the director to adopt a flexible system of examinations which directs resources as the director may deem appropriate and necessary for the administration of the insurance-related laws of this state.
2. As used in sections 374.202 to 374.207, the following terms mean:
(1)
"Company"
, any person engaging in or proposing or attempting to engage in any transaction or kind of insurance or surety business and any person or group of persons who may otherwise be subject to the administrative, regulatory or taxing authority of the director, not assigned to the functional regulation of the divisions of finance, credit unions, or professional registration, or boards assigned to or within those divisions;
(2)
"Department"
, the department of commerce and insurance of this state;
(3)
"Director"
, the director of the department of commerce and insurance of this state;
(4)
"Examiner"
, any individual or firm having been authorized by the director to conduct an examination under sections 374.202 to 374.207;
(5)
"Insurer"
has the same meaning as insurer under sections 375.1150 to 375.1246;
(6)
"Person"
, any individual, aggregation of individuals, trust, association, partnership or corporation, or any affiliate thereof.
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(L. 1992 H.B. 1574, A.L. 2008 S.B. 788)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.207 - Examiners, appointment of, restrictions — expenses of examination, how paid — immunity of director, examiners.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1992
374.207. Examiners, appointment of, restrictions — expenses of examination, how paid — immunity of director, examiners. —
1. No examiner may be appointed by the director if such examiner, either directly or indirectly, has a conflict of interest or is affiliated with the management of or owns a pecuniary interest in any person subject to examination under sections 374.202 to 374.207. This subsection shall not be construed to automatically preclude an examiner from being:
(1) A policyholder or claimant under an insurance policy;
(2) A grantor of a mortgage or similar instrument on the examiner's residence to a regulated entity if done under customary terms and in the ordinary course of business;
(3) An investment owner in shares of regulated diversified investment companies; or
(4) A settlor or beneficiary of a blind trust into which any otherwise impermissible holdings have been placed.
­­Notwithstanding the requirement of this subsection, the director may retain from time to time, on an individual basis, qualified actuaries, certified public accountants, or other similar individuals who are independently practicing their professions, even though said persons may from time to time be similarly employed or retained by persons subject to examination under sections 374.202 to 374.207.
2. Expenses and costs of examinations shall be paid as set forth in section 374.160.
3. The director, the director's authorized representatives or any examiner appointed by the director shall have such official immunity as exists at common law.
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(L. 1992 H.B. 1574)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.215 - Failure to timely file report or statement, penalty.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2007
374.215. Failure to timely file report or statement, penalty. —
1. If any insurance company or other entity regulated by the director doing business in this state fails to timely make and file any statutorily required report or statement, the department shall notify such company or entity of such failure by first class mail. Any company or entity notified by the department pursuant to this section shall file such report or statement within fifteen days of receiving notification. After the expiration of such fifteen days, each day in which the company or entity fails to file such report or statement is a separate violation of this section.
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 two violation under section 374.049. The director may also suspend or revoke the certificate of authority of such person for any willful violation.
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 two violation under section 374.049.
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(L. 1989 S.B. 333, A.L. 2007 S.B. 66)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.216 - False financial statements, filing of — penalty.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jan 2017, 2 histories, see footnote
374.216. False financial statements, filing of — penalty. —
1. A person commits the offense of filing a false insurance statement if he prepares, makes, submits or files a financial report or statement with the department of commerce and insurance with the purpose to misrepresent the financial condition of the company in whose behalf such report or statement is prepared, made, submitted or filed. The crime shall require no mental state other than that specifically provided herein.
2. The offense of filing a false insurance statement is a class D felony.
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(L. 1991 H.B. 385, et al. § 111, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.217 - Covenant not to sue officers of insurer, prohibited — no force and effect.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2008
374.217. Covenant not to sue officers of insurer, prohibited — no force and effect. —
1. The director or any other employee of the department of commerce and insurance shall not enter into any covenant not to sue or any agreement to defer, refrain or desist from instituting or asserting against any officer or director of any insurer or any other person or entity in the business of insurance and regulated by the department any claim, demand, action or suit, either administrative or judicial, for injuries, damages or penalties to the state or any person or property.
2. Any covenant or agreement entered into in derogation of subsection 1 of this section, shall be deemed to be in violation of the public policy of this state that the general assembly shall by law provide adequate regulation of insurers in order to protect citizens of this state; and that the department shall carry out and enforce such regulation. The courts of this state shall not enforce or give effect to any such covenant or agreement.
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(L. 1991 H.B. 385, et al. § 109, A.L. 2008 S.B. 788)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.230 - Fees — paid to director.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jan 2019, 2 histories, see footnote
374.230. Fees — paid to director. —
Every individual or entity making a filing with the department described below shall pay to the director the following fees and charges, to be paid into the insurance dedicated fund established under section 374.150:
(1) For filing the declaration required on organization of each domestic company, one thousand dollars;
(2) For filing statement and certified copy of charter required of foreign companies, one thousand dollars;
(3) For filing application to renew certificate of authority, along with all required annual reports, including the annual statement, actuarial statement, risk-based capital report, report of valuation of policies or other obligations of assurance, and audited financial report annual statement of any company doing business in this state, two thousand dollars;
(4) For filing the ORSA summary report required by sections 382.500 to 382.550, or a preacquisition notification required by sections 382.040 to
*
382.060, or section 382.095, five hundred dollars;
(5) Unless otherwise specified in subdivision (4) or another section of law, for any filings required under chapter 382, two hundred fifty dollars;
(6) For filing any paper, document, or report for which a filing fee is not otherwise provided for in another section of law that is not filed under subdivision (1), (2), (3), (4), or (5), but required to be filed in the office of the director, one hundred fifty dollars each.
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(RSMo 1939 §§ 5795, 5796, A.L. 1945 p. 1018, A. 1949 H.B. 2115, A.L. 1967 p. 516, A.L. 1989 S.B. 250, A.L. 2007 S.B. 66, A.L. 2018 S.B. 982)
Prior revisions: 1929 §§ 5685, 5686; 1919 §§ 6096, 6097; 1909 §§ 6890, 6891
Effective 1-01-19
*Word "through" appears in original rolls.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.240 - Suit to recover fees — penalties.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1949
374.240. Suit to recover fees — penalties. —
1. The director may bring suit to recover any fees or other sums which he is authorized by law to demand or collect.
2. Any company or person liable for any fees or assessments who shall neglect or refuse to pay the same within ten days after written demand by the director, shall be liable to pay double the amount of such fees or assessments; and any judgment recovered in such case shall be for double such amount and costs.
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(RSMo 1939 § 5797, A. 1949 H.B. 2115)
Prior revisions: 1929 § 5687; 1919 § 6098; 1909 § 6892
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.245 - Director or director of revenue may make supplemental assessment for certain premium taxes, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1989
374.245. Director or director of revenue may make supplemental assessment for certain premium taxes, when. —
The director of the department of commerce and insurance or the director of revenue may, within three years after a return is filed or at any time if no return is filed, make a supplemental assessment or certification whenever it is found that any assessment or certification of premium taxes covered by this section is imperfect or incomplete in any material aspect. The provisions of this section shall apply to taxes assessed under sections 148.310 to 148.461, and sections 287.690, and 375.916.
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(L. 1989 S.B. 260 § 1)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.250 - Accounts of director.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2008
374.250. Accounts of director. —
1. The director shall take proper vouchers for all payments made by the department and shall take receipts from the director of revenue for all moneys the department pays to the director of revenue.
2. At the close of each state fiscal year, the state auditor shall audit, adjust and settle all receipts and disbursements in the insurance dedicated fund and the insurance examiners' fund, and taxes certified or collected under sections 148.310 to 148.461 or sections 384.011 to 384.071.
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(RSMo 1939 § 5797, A. 1949 H.B. 2115, A.L. 2008 S.B. 788)
Prior revisions: 1929 § 5687; 1919 § 6098; 1909 § 6892
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.270 - Department may elect workers' compensation coverage — coverage, how provided.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1967
374.270. Department may elect workers' compensation coverage — coverage, how provided. —
1. The department of commerce and insurance may elect, under the provisions of section 287.030, to come under the provisions of chapter 287, governing workers' compensation, and that law is extended to include all employees of the department of commerce and insurance under any contract of hire, express or implied, oral or written, or under any appointment or election. The state of Missouri may be a self-insurer and assume all liability imposed by chapter 287, in respect to the department of commerce and insurance employees, without insurance. The attorney general shall appear on behalf of and defend the state in all actions, when the state is a self-insurer, brought by employees of the department of commerce and insurance referred to herein under the provisions of the workers' compensation law.
2. The workers' compensation coverage may be provided by the purchase of insurance or by the deposit in the commissioner of administration's office of a fund from which workers' compensation benefits to employees shall be paid. Purchase of the insurance or the deposit of a fund shall be made from general appropriations.
3. The department of commerce and insurance shall adopt rules classifying the employees mentioned herein who may be eligible for compensation under this section, and its classification shall be decisive as to whether or not an employee falls within the definition of an employee eligible for workers' compensation coverage under this section.
4. The director of the department of commerce and insurance is authorized to perform such duties as may be necessary to carry out effectively the purposes of this section.
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(L. 1967 p. 516)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.280 - Civil penalty or forfeiture ordered when, how enforced.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2007
374.280. Civil penalty or forfeiture ordered when, how enforced. —
1. The director may, after a hearing under section 374.046, order a civil penalty or forfeiture payable to the state of Missouri authorized by section 374.049, which penalty or forfeiture, if unpaid within ten days, may be recovered by a civil action brought by and in the name of the director under section 374.048. The civil action may be brought in the county which has venue of an action against the person, partnership or corporation under other provisions of law. The director may also suspend or revoke the license or certificate of authority of such person for any willful violation.
2. Nothing contained in this section shall be construed to prohibit the director and any person subject to an investigation, examination, or other proceeding from agreeing to a voluntary forfeiture of the sum mentioned herein without civil proceedings being instituted. Any sum so agreed upon shall be paid into the school fund as provided by law for other fines and penalties.
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(L. 1967 p. 516, A.L. 1993 H.B. 709, A.L. 2007 S.B. 66)
(1982) Legislature did not expressly provide private cause of actions for violation of section 379.118, although director of division of insurance may suspend or revoke license of an insurer for any willful violation of chapter 374. Shqeir v. Equifax, Inc. (Mo. banc) 636 S.W.2d 944.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.284 - Health insurance advisory committee established, members, duties.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1999
374.284. Health insurance advisory committee established, members, duties. —
The department of commerce and insurance shall create an advisory committee to be known as the "Health Insurance Advisory Committee". This committee shall be a voluntary committee comprised of representatives of the insurance industry, provider groups and the public. The committee shall consist of at least, but not limited to, one member representing each of the following areas: small group insurance, managed care, doctors of medicine, doctors of osteopathy, pharmacists, dentists and public members representing self-employed workers and the elderly. This committee shall meet to discuss and advise the department on issues relating to health care insurance.
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(L. 1999 H.B. 191 § 2)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.285 - Expungement of certain disciplinary action records.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2007, 2 histories
374.285. Expungement of certain disciplinary action records. —
Except as provided in section 375.141, all records of disciplinary actions against an insurance producer which resulted in a forfeiture or other monetary relief of two hundred dollars or less and places no other legal duty upon the producer shall be expunged after a period of five years from the date of the execution of the order or settlement agreement by the director.
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(L. 2001 S.B. 193, A.L. 2007 S.B. 66)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.300 - Financial institution defined.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1977
374.300. Financial institution defined. —
As used in sections 374.300 to 374.310,
"financial institution"
means any bank, bank holding company, sales finance company, consumer finance company, credit union, insurance company, lender as that term is defined in subdivision (3) of section 367.100, savings and loan association, savings and loan association holding company, savings and loan association service corporation, company operating under the mortgage brokerage laws of this state, or any subsidiary of any of the foregoing. This definition shall not, however, include any financial institution which has been granted an exemption by the Board of Governors of the Federal Reserve System pursuant to Section 4(d) of the Federal Bank Holding Company Act of 1956, as amended, or any financial institution which neither owns more than ten percent of the capital stock nor exercises effective control of a bank, savings and loan association or entity licensed under the mortgage brokerage laws of this state, which is licensed or authorized to transact business in this state.
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(L. 1977 H.B. 40 § 1)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.305 - Conditioning loan on purchase of credit insurance from certain persons prohibited — freedom of selection of insurer required.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1977
374.305. Conditioning loan on purchase of credit insurance from certain persons prohibited — freedom of selection of insurer required. —
No financial institution, as defined in section 374.300, shall, as a condition of a loan, require any debtor to purchase life or health insurance from an agent who is employed or retained by, or is a director or officer of the financial institution making the loan. When life or accident and sickness insurance is required or requested as additional security for indebtedness, the debtor shall be informed of the option of furnishing the insurance, or any portion thereof, through existing policies owned or controlled by the debtor, or of procuring and furnishing the required coverage through any agent or insurer authorized to transact such insurance business within this state.
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(L. 1977 H.B. 40 § 2)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.310 - Refusal to grant or renew insurance license, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1977
374.310. Refusal to grant or renew insurance license, when. —
The director of the department of commerce and insurance shall not grant or renew any life or health insurance license if the license has been or is being used by the applicant or licensee for any purpose prohibited by sections 374.300 to 374.310. Before the director can deny renewal he shall be required to hold a public hearing, with ten days' notice to the applicant, to determine whether the license has been or is being used contrary to the mandates of sections 374.300 to 374.310. Appeal from the decision of the director shall be to the administrative hearing commission which shall conduct a hearing de novo.
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(L. 1977 H.B. 40 § 3)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.350 - Short title.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2009
374.350. Short title. —
Sections 374.350 to 374.352 may be cited as the "Interstate Insurance Product Regulation Compact".
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(L. 2009 H.B. 577)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.351 - Intent of compact.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2009
374.351. Intent of compact. —
The Interstate Insurance Product Regulation Compact is intended to help States join together to establish an interstate compact to regulate designated insurance products. Pursuant to terms and conditions of this Act
*
, the State of Missouri seeks to join with other States and establish the Interstate Insurance Product Regulation Compact, and thus become a member of the Interstate Insurance Product Regulation Commission. The Director of the Department of Commerce and Insurance is hereby designated to serve as the representative of this State to the Commission.
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(L. 2009 H.B. 577)
*"This act" (H.B. 577, 2009) contained numerous sections. Consult Disposition of Sections table for a definitive listing.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.400 - Definitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1978
374.400. Definitions. —
Unless otherwise clearly indicated by the context, the following words and terms as used in sections 374.400 to 374.410 shall mean:
(1)
"Director"
, the director of the department of commerce and insurance;
(2)
"Dwelling-owners' insurance"
, a policy of insurance on a one- or two-family owner-occupied premises
*
which combines fire and allied lines with any one or more perils of casualty, liability, or other types of insurance within one policy form at a single premium, where the insurer's liability for damage to the premises
*
under said policy is determined with reference to the premises' actual cash value;
(3)
"Homeowners' insurance"
, a policy of insurance on a one- or two-family owner-occupied premises
*
which combines fire and allied lines with any one or more perils of casualty, liability, or other types of insurance within one policy form at a single premium, where the insurer's liability for damage to the premises
*
under said policy is determined with reference to the premises' replacement value;
(4)
"Insurer"
, any insurance company, reciprocal or inter-insurance exchange, licensed and authorized by the director to write homeowners' insurance, dwelling-owners' insurance, renters' or tenants' insurance, or residential fire insurance upon property located within this state;
(5)
"Renters' or tenants' insurance"
, a policy of insurance on a single- or multiple-family premises
*
which combines fire and allied lines with any one or more perils of casualty, liability, or other types of insurance within one policy form at a single premium, where the insurer's liability for damage to the contents of the premises
*
under said policy is determined with reference to the contents' actual cash value;
(6)
"Residential fire insurance"
, a policy of insurance which provides fire coverage or fire and allied lines coverage on a residential premises
*
within one policy form, where the insurer's liability for damage to the premises
*
under said policy is determined with reference to the premises' actual cash value.
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(L. 1978 H.B. 1302 § 1)
*Word "premise" appears in original rolls.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.405 - Reports of premiums and loss data required, when — director may review.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1978
374.405. Reports of premiums and loss data required, when — director may review. —
1. The director shall establish statistical bases for the reporting of premium and loss data under policies of homeowners' insurance, dwelling-owners' insurance, renters' or tenants' insurance, or residential fire insurance.
2. Each insurer shall annually report to the director all premium and loss data under policies of homeowners' insurance, dwelling-owners' insurance, renters' or tenants' insurance, or residential fire insurance as the director may require.
3. The director shall have the authority to review and verify the accuracy of the data reported.
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(L. 1978 H.B. 1302 § 2)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.410 - Director to be notified of changes in town grading schedules — may set aside, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1978
374.410. Director to be notified of changes in town grading schedules — may set aside, when. —
Whenever any insurer, group, association or other organization of insurers, or rating organization shall change any town grading schedule used in connection with the development of rates under policies of homeowners' insurance, dwelling-owners' insurance, renters' or tenants' insurance, or residential fire insurance written upon property located within this state, such change shall be filed with the director of the department of commerce and insurance. The director of the department of commerce and insurance may set aside any change in town grading schedules that he finds is not supported by substantial evidence and credible data acquired under sections 374.400 to 374.410.
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(L. 1978 H.B. 1302 § 3)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.420 - Insurers not liable because of compliance.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1978
374.420. Insurers not liable because of compliance. —
There shall be no liability on the part of and no cause of action of any nature shall arise against any insurer reporting hereunder or its agents or employees, or the director of the department of commerce and insurance or
*
the director's employees, for any action taken by them pursuant to sections 374.400 to 374.425.
­­--------
(L. 1978 H.B. 1302 § 5)
*Word "of" appears in original rolls.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.425 - Time for compliance may be waived or extended.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 1978
374.425. Time for compliance may be waived or extended. —
The director may waive or extend time of compliance for reporting requirements under sections 374.400 to 374.425 for any insurer upon showing that such requirements would cause the insurer undue expense or that an unreasonable amount of time would be required to comply with the requirements.
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(L. 1978 H.B. 1302 § 6)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.426 - Health care financing entities and health care providers to provide data, contents, when — duties of department — scoring, limitations on.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 06 Jul 2018, 2 histories, see footnote
374.426. Health care financing entities and health care providers to provide data, contents, when — duties of department — scoring, limitations on. —
1. Any entity in the business of delivering or financing health care shall provide data regarding quality of patient care and patient satisfaction to the director of the department of commerce and insurance. Failure to provide such data as required by the director of the department of commerce and insurance shall constitute grounds for violation of the unfair trade practices act, sections 375.930 to 375.948.
2. In defining data standards for quality of care and patient satisfaction, the director of the department of commerce and insurance shall:
(1) Use as the initial data set the HMO Employer Data and Information Set developed by the National Committee for Quality Assurance;
(2) Consult with nationally recognized accreditation organizations, including but not limited to the National Committee for Quality Assurance and the Joint Committee on Accreditation of Health Care Organizations; and
(3) Consult with a state committee of a national committee convened to develop standards regarding uniform billing of health care claims.
3. In defining data standards for quality of care and patient satisfaction, the director of the department of commerce and insurance shall not require patient scoring of pain control.
4. Beginning August 28, 2018, the director of the department of commerce and insurance shall discontinue the use of patient satisfaction scores and shall not make them available to the public to the extent allowed by federal law.
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(L. 1994 S.B. 732 § 1, A.L. 2018 S.B. 718 merged with S.B. 951)
Effective 7-06-18 (S.B. 718); 8-28-18 (S.B. 951)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.450 - Definitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jul 1980, see footnote
374.450. Definitions. —
Unless otherwise clearly indicated by the context, the following words and terms as used in sections 374.450 and 374.455 shall mean:
(1)
"Director"
, the director of the department of commerce and insurance;
(2)
"Insurer"
, any insurance company, reciprocal or inter-insurance exchange, licensed and authorized by the director to write automobile insurance within this state;
(3)
"Private automobile insurance"
, a policy of insurance covering private passenger nonfleet vehicles owned by an individual or by a husband and wife and providing any one or more perils of protection against bodily injury liability, property damage liability, medical payments, uninsured motorist, comprehensive, collision, or other insurance coverage incidental to the operation of the vehicle.
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(L. 1979 H.B. 503 § 1)
Effective 7-01-80
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.455 - Premium and loss data, annual report — available to public.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 01 Jul 1980, see footnote
374.455. Premium and loss data, annual report — available to public. —
1. The director shall establish statistical bases for the reporting of premium and loss data under policies of automobile insurance.
2. Each insurer shall annually report to the director or a statistical agency designated by the director all premium and loss data under policies of automobile insurance in such a manner as the director may require.
3. The director shall have the authority to review and verify the accuracy of the data reported.
4. The director of the department of commerce and insurance shall make reports of data acquired hereunder and such reports shall be made available to the public.
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(L. 1979 H.B. 503 §§ 2, 3)
Effective 7-01-80
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.500 - Definitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 28 Aug 2019, 2 histories
374.500. Definitions. —
As used in sections 374.500 to 374.515, the following terms mean:
(1)
"Certificate"
, a certificate of registration granted by the department of commerce and insurance to a utilization review agent;
(2)
"Director"
, the director of the department of commerce and insurance;
(3)
"Enrollee"
, an individual who has contracted for or who participates in coverage under a health insurance policy, an employee welfare benefit plan, a health services corporation plan or any other benefit program providing payment, reimbursement or indemnification for health care costs for himself or eligible dependents or both himself and eligible dependents. The term "enrollee" shall not include an individual who has health care coverage pursuant to a liability insurance policy, workers' compensation insurance policy, or medical payments insurance issued as a supplement to a liability policy;
(4)
"Provider of record"
, the physician or other licensed practitioner identified to the utilization review agent as having primary responsibility for the care, treatment and services rendered to an enrollee;
(5)
"Utilization review"
, a set of formal techniques designed to monitor the use of, or evaluate the clinical necessity, appropriateness, efficacy, or efficiency of, health care services, procedures, or settings. Techniques may include ambulatory review, prior authorization review, second opinion, certification, concurrent review, case management, discharge planning or retrospective review. Utilization review shall not include elective requests for clarification of coverage;
(6)
"Utilization review agent"
, any person or entity performing utilization review, except:
(a) An agency of the federal government;
(b) An agent acting on behalf of the federal government, but only to the extent that the agent is providing services to the federal government; or
(c) Any individual person employed or used by a utilization review agent for the purpose of performing utilization review services, including, but not limited to, individual nurses and physicians, unless such individuals are providing utilization review services to the applicable benefit plan, pursuant to a direct contractual relationship with the benefit plan;
(d) An employee health benefit plan that is self-insured and qualified pursuant to the federal Employee Retirement Income Security Act of 1974, as amended;
(e) A property-casualty insurer or an employee or agent working on behalf of a property-casualty insurer;
(f) A health carrier, as defined in section 376.1350, that is performing a review of its own health plan;
(7)
"Utilization review plan"
, a summary of the utilization review procedures of a utilization review agent.
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(L. 1991 S.B. 352 § 1, A.L. 1993 H.B. 709, A.L. 1997 H.B. 335, A.L. 2019 S.B. 514)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 374 - Department of Commerce and Insurance › Section 374.503 - Certificate required for utilization review agents, exceptions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 374
• Effective - 10 Jul 1991, see footnote
374.503. Certificate required for utilization review agents, exceptions. —
1. A utilization review agent may not conduct utilization review in this state unless the Missouri department of commerce and insurance has granted the utilization review agent a certificate.
2. No certificate is required for those review agents conducting general in-house utilization review for hospitals, home health agencies, clinics, private offices or any other health facility or entity, so long as the review does not result in the approval or denial of payment for hospital or medical services for a particular case.
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(L. 1991 S.B. 352 § 2)
Effective 7-10-91