reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.720 - Penalty for failure or refusal to deliver assets to director.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 01 Jan 2017, 2 histories, see footnote
375.720. Penalty for failure or refusal to deliver assets to director. —
1. Whenever, by this chapter, or by any other law of this state, the director is authorized or required to take possession of any of the general assets of any insurer, it is unlawful for any person or company to knowingly neglect or refuse to deliver to the director, on order or demand of the director, any books, papers, evidences of title or debt, or any property belonging to any such insurer in its, his or their possession, or under his, its or their control.
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 three violation under section 374.049. The director may also suspend or revoke the license or 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 three violation under section 374.049.
4. Any person who knowingly engages in any act, practice, omission, or course of business in violation of this section is guilty of a class D felony. If the offender holds a license or certificate of authority under the insurance laws of this state, the court imposing sentence shall order the director to revoke such license.
5. The director may refer such evidence as is available concerning violations of this section to the proper prosecuting attorney, who with or without a criminal reference, or the attorney general under section 27.030, may institute the appropriate criminal proceedings.
6. Nothing in this section shall limit the power of the state to punish any person for any conduct that constitutes a crime under any other state statute.
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(RSMo 1939 § 6063, A.L. 1986 H.B. 1103, A.L. 1992 H.B. 1574, A.L. 2007 S.B. 66, A.L. 2014 S.B. 491)
Prior revisions: 1929 § 5952; 1919 § 6360; 1909 § 7090
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.740 - Payment of expenses of proceedings.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1992
375.740. Payment of expenses of proceedings. —
1. In proceedings to enjoin, rehabilitate, dissolve, wind up or otherwise settle the affairs and dispose of the assets of insurers, the director shall receive no fees nor compensation for any services personally performed by him.
2. He shall have power and authority, however, in such cases, and through the course of the whole case, to employ the necessary legal counsel and assistance, and clerical and actuarial force. The compensation of legal counsel and assistance, and clerical and actuarial force shall be fixed and all expenses of taking possession of the property of the insurer and the administration thereof shall be approved by the director, all subject to the approval of the court, and shall be paid out of the funds or assets of the insurer; provided, however, that the salaries of those persons employed by the director under this section together with the expenses of such employment, may be paid out of amount appropriated to the department of commerce and insurance; provided, further, that the amount paid out under this section for salaries and expenses from appropriated funds shall be repaid to the state treasury from any available funds or assets of the insurer.
3. The director shall keep a full account of all receipts and disbursements, and make report of the same to the court at least once in twelve months, and oftener if required by the court, and shall be responsible on his official bond for all assets coming into his possession.
4. The court may, in its discretion, require of the director a bond in addition to his official bond.
5. This section shall apply only to proceedings instituted prior to August 28, 1991.
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(RSMo 1939 § 6065, A.L. 1971 H.B. 82, A.L. 1992 H.B. 1574)
Prior revisions: 1929 § 5954; 1919 § 6362; 1909 § 7092
(1962) In action by superintendent, as receiver for company, against company's agents to recover unearned premiums collected but not remitted to company, and agent's commissions thereon, the court did not have authority to assess superintendent's attorney fees against defendants. Clay v. Independence Mutual Insurance Co. (Mo.), 359 S.W.2d 679.
(1963) Premium deposits to reciprocal for flood insurance held deductible as ordinary or necessary business expense for tax purpose. United States v. Weber Paper Company, 320 F.2d 199.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.750 - Reports to court — payment of claims.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1992
375.750. Reports to court — payment of claims. —
1. The director, when charged with the winding up of the affairs of an insolvent insurer, shall make at least twice a year to the court and oftener if the court shall so order, a full report, under oath of the condition and affairs of such insurer.
2. If it shall appear to the court from such report that, after reserving an amount sufficient to pay the probable expense of winding up the insurer, there shall remain in the hands of the director enough cash to pay at least ten percent of the allowed claims, the court may order the same to be distributed according to the rights of the claimants.
3. This section shall apply only to proceedings instituted prior to August 28, 1991.
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(RSMo 1939 § 6069, A.L. 1947 V. I p. 334, A. 1949 H.B. 2092, A.L. 1992 H.B. 1574)
Prior revisions: 1929 § 5958; 1919 § 6366; 1909 § 7096
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.771 - Citation of law.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1989
375.771. Citation of law. —
Sections 375.771 to 375.779 shall be referred to as the "Missouri Property and Casualty Insurance Guaranty Association Act". If any provision of sections 375.771 to 375.779 is found to be unconstitutional, the remaining provisions are to be treated as being in full force and effect.
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(L. 1989 S.B. 333)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.773 - Accounts, types of insurance — applicability of law.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2004
375.773. Accounts, types of insurance — applicability of law. —
1. For purposes of administration and assessment, the association shall be divided into four separate accounts:
(1) The workers' compensation insurance account;
(2) The automobile insurance account;
(3) The Missouri mutual and extended Missouri mutual insurance company account; and
(4) The account for all other insurance to which sections 375.771 to 375.779 apply.
2. Sections 375.771 to 375.779 shall apply to all kinds of direct insurance, but shall not be applicable to the following:
(1) Life, annuity, accident, and health or disability insurance;
(2) Mortgage guaranty, financial guaranty, or other forms of insurance offering protection against investment risk;
(3) Fidelity or surety bonds, or any other bonding obligations;
(4) Credit insurance, vendors' single-interest insurance, or collateral protection insurance, or any similar insurance protecting the interest of a creditor arising out of a creditor-debtor transaction;
(5) Insurance of warranties or service contracts, including insurance that provides for the repair, replacement, or service of goods or property, or indemnification for repair, replacement, or service for the operational or structural failure of the goods or property due to a defect in material, workmanship, or normal wear and tear, or provides reimbursement for the liability incurred by the issuers of agreements or service contracts that provide such benefits;
(6) Title insurance;
(7) Ocean marine insurance;
(8) Any transaction or combination of transactions between a person, including affiliates of such person, and an insurer, including affiliates of such insurer, which involves the transfer of investment or credit risk unaccompanied by the transfer of insurance risk;
(9) That portion of any insurance provided or guaranteed by any government; or
(10) Insurance written by a company formed and operating under sections 383.010 to 383.040.
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(L. 1989 S.B. 333, A.L. 1993 H.B. 709, A.L. 2004 S.B. 1299)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.774 - Certificate of contribution, issued when, shown as asset by insurer, when — tax credit allowed to insurer, when — association exempt from taxes.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2004
375.774. Certificate of contribution, issued when, shown as asset by insurer, when — tax credit allowed to insurer, when — association exempt from taxes. —
1. The association shall issue to each insurer paying an assessment under sections 375.771 to 375.779 a certificate of contribution, in appropriate form and terms as prescribed by the director, for the amount so paid. All outstanding certificates shall be of equal dignity and priority without reference to amounts or dates of issue.
2. A certificate of contribution may be shown by the insurer in its financial statements as an admitted asset for such amount and period of time, as follows:
(1) One hundred percent for the calendar year of issuance;
(2) Sixty-six and two-thirds percent for the first calendar year after the year of issuance;
(3) Thirty-three and one-third percent for the second year after the year of issuance which shall be the last year each such certificate shall be carried as an asset.
3. The insurer shall be entitled to a credit against the premium tax liability under sections 148.310 to 148.461 for contributions paid to the association. This tax credit shall be taken over a period of the three successive tax years beginning after the year of contribution at the rate of thirty-three and one-third percent, per year, of the contribution paid to the association, and such credit shall not be subject to subsection 1 of section 375.916.
4. Any sums recovered by the association representing sums which have theretofore been written off by contributing insurers and offset against premium taxes as provided in subsection 3 of this section shall be paid by the association to the director of revenue who shall handle such funds in the same manner as provided in section 148.380.
5. The association shall be exempt from payment of all fees and all capitation or poll and excise taxes levied by this state or any of its political subdivisions and the real and personal property of the association is hereby declared to be property actually and regularly used exclusively for purposes purely charitable and not held for private or corporate profit within the meaning of subdivision (5) of section 137.100, RSMo 1986.
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(L. 1989 S.B. 333, A.L. 1991 H.B. 385, et al., A.L. 2004 S.B. 1299)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.777 - Director, powers and duties.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2007
375.777. Director, powers and duties. —
1. The director shall:
(1) Notify the association of the existence of an insolvent insurer not later than three days after he receives notice of the determination of the insolvency;
(2) Upon request of the board of directors, provide the association with a statement of the net direct written premiums of each member insurer; and
(3) Notify the agents of the insolvent insurer of the determination of insolvency and of the insureds' rights under sections 375.771 to 375.779. Such notification shall be by first class mail at their last known address, where available, but if sufficient information for notification by mail is not available, notice by publication in a newspaper of general circulation shall be sufficient.
2. The director may require each agent of the insolvent insurer to give prompt written notice, by first class mail, at the insured's last known address, to each insured of the insolvent insurer for whom he was agent of record, provided the agent has received the notification of subsection 1 of this section.
3. It is unlawful for any member insurer to fail to pay an assessment when due or fail to comply with the plan of operation. Every day in which the member insurer fails to pay is a separate violation.
4. 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 license or certificate of authority of such person for any willful violation.
5. 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 375 - Provisions Applicable to All Insurance Companies › Section 375.779 - Immunity from liability, association and employees — unfair trade practice, using association protection as inducement to purchase policy.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2004
375.779. Immunity from liability, association and employees — unfair trade practice, using association protection as inducement to purchase policy. —
1. There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, the association or its agents, employees, or any servicing agent acting at the direction of the association, the board of directors or any person serving as a representative of any director, or the director of the department of commerce and insurance or the director's representatives for any action taken by them in the performance of their powers and duties under sections 375.771 to 375.779.
2. It is an unfair trade practice for any insurer or producer to make use in any manner of the protection given policyholders by sections 375.771 to 375.779 as a reason for buying insurance from such insurer or producer. If a policy exceeds the limitations of coverage under sections 375.771 to 375.779, the insurer shall prominently inscribe on an endorsement to the insurance contract the limitations of coverage provided by the guaranty association.
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(L. 1989 S.B. 333, A.L. 1991 H.B. 385, et al., A.L. 2004 S.B. 1299)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.780 - Penalties for violation of this chapter.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2007
375.780. Penalties for violation of this chapter. —
1. A person commits a crime if he or she willfully violates any of the provisions of this chapter. If not otherwise specifically provided for, the crime is a class B misdemeanor.
2. The director may refer such evidence as is available concerning violations of this section to the proper prosecuting attorney, who with or without a criminal reference, or the attorney general under section 27.030, may institute the appropriate criminal proceedings.
3. Nothing in this section shall limit the power of the state to punish any person for any conduct that constitutes a crime under any other state statute.
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(RSMo 1939 § 6070, A.L. 2007 S.B. 66)
Prior revisions: 1929 § 5959; 1919 § 6367; 1909 § 7097
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.787 - Complaint filed by director, when — injunction authorized.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1972
375.787. Complaint filed by director, when — injunction authorized. —
Whenever the director believes, from evidence satisfactory to him, that any insurance company is violating or about to violate the provisions of section 375.786, the director may cause a complaint to be filed in the circuit court of Cole County, Missouri, to enjoin and restrain such insurance company from continuing such violation or engaging therein or doing any act in furtherance thereof. The court shall have jurisdiction of the proceeding and shall have the power to make and enter an order or judgment awarding such preliminary or final injunctive relief as in its judgment is proper.
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(L. 1972 H.B. 1264 § 375.783)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.789 - Unauthorized company instituting court action must file bond or security and procure certificate of authority, exception.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1972
375.789. Unauthorized company instituting court action must file bond or security and procure certificate of authority, exception. —
1. Before any unauthorized insurance company files or causes to be filed any pleading in any court action, suit or proceeding or in any notice, order, pleading, or process in such administrative proceeding before the director instituted against such person or insurance company, by services made and provided in section 375.788, such insurance company shall either:
(1) Deposit with the clerk of the court in which such action, suit, or proceeding is pending, or with the director of the department of commerce and insurance in administrative proceedings before the director, cash or securities, or file with such clerk or director a bond with good and sufficient sureties, to be approved by the clerk or director in an amount to be fixed by the court or director sufficient to secure the payment of any final judgment which may be rendered in such action or administrative proceeding;
(2) Procure a certificate of authority to transact the business of insurance in this state. In considering the application of an insurance company for a certificate of authority, for the purposes of this paragraph the director need not assert the provisions of section 375.916 against such insurance company with respect to its application if he determines that such insurance company would otherwise comply with the requirements for such certificate of authority.
2. The director of the department of commerce and insurance, in any administrative proceeding in which service is made as provided in section 375.788, may, in his discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of this section and to defend such action.
3. Nothing in this section shall be construed to prevent an unauthorized insurance company from filing a motion to quash a writ or to set aside service thereof made in the manner provided in section 375.788 on the ground that such unauthorized insurance company has not done any of the acts enumerated in section 375.786.
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(L. 1972 H.B. 1264 § 375.787)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.791 - Foreign insurance company admitted, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1967
375.791. Foreign insurance company admitted, when. —
1. Upon complying with the provisions of this chapter, a foreign insurance company organized under the laws of any state of the United States other than this state or the laws of any foreign government as a stock company, mutual company, assessment life company, reciprocal, fraternal benefit society may be admitted to transact in this state the kind or kinds of business which a domestic company similarly organized may be authorized to transact under the laws of this state.
2. No insurance company shall transact any business in this state on an admitted basis without first obtaining a certificate of authority issued by the director of the department of commerce and insurance as provided for in this chapter.
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(L. 1967 p. 516)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.801 - Renewal of certificate of authority, when — notice of refusal to renew (foreign company).

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1967
375.801. Renewal of certificate of authority, when — notice of refusal to renew (foreign company). —
1. The director shall renew for one year the certificate of authority of a foreign insurance company on the first day of July of the calendar year following the calendar year in which it is admitted to transact business in this state and annually thereafter, upon application by the company and upon payment of the annual taxes and fees imposed by the laws of this state, if any, provided the director is satisfied that
(1) None of the facts specified in this chapter as grounds for revoking a certificate of authority exists; and
(2) The company is complying with the conditions for admission, except for surplus requirements in excess of those which similar domestic companies transacting the same kind or kinds of business are required to maintain.
2. Except in case of nonpayment of taxes, the director shall give notice of his intention to refuse to renew the certificate of authority of a foreign company and the grounds therefor at least twenty days before the end of the term for which the existing certificate was issued, and the company shall be given an opportunity for a hearing before the end of the term.
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(L. 1967 p. 516)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.821 - Conditions to be met for certificate of authority (foreign company).

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1967
375.821. Conditions to be met for certificate of authority (foreign company). —
1. Before a certificate of authority to transact business in this state shall be issued to a foreign insurance company, the company shall satisfy the director that:
(1) The company is duly organized under the laws of the state or country under whose laws it professes to be organized and authorized to do the business it is transacting or proposes to transact;
(2) Its name is not the same as or deceptively similar to the name of any insurance company organized or incorporated under the laws of the state of Missouri or of any foreign insurance company authorized to transact business in this state; provided that such company, by resolution of its board of directors, may adopt an assumed name for use in this state that is not deceptively similar;
(3) That the company is transacting and proposes to transact the kinds of business which a domestic company similarly organized may be authorized to transact under the laws of this state;
(4) That the company meets the financial requirements as relates to capital and surplus or other statutory fund as originally required for companies being incorporated or organized under the laws of this state to do the same kinds of business;
(5) That its funds are invested in accordance with the laws of its domicile;
(6) That the officers and operating personnel of the company are competent and trustworthy to transact the business of insurance in this state and that the transaction of business in this state would not be hazardous to the general public; and
(7) That the company has paid all of the fees and taxes as prescribed by the laws of this state.
2. Before issuing a certificate of authority to a foreign insurance company, the director may cause an examination to be made of the condition and affairs of the company.
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(L. 1967 p. 516)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.831 - Certificate issued when all conditions met (foreign company).

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1967
375.831. Certificate issued when all conditions met (foreign company). —
When a foreign insurance company has complied with the requirements of this chapter and all other requirements imposed on the company by existing laws and has paid charges imposed by law, the director shall file in his office the documents delivered to him and shall issue to the company a certificate of authority to transact in this state the kinds of business specified therein.
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(L. 1967 p. 516)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.841 - Change of name by foreign or alien company, application for amended certificate, how made.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1967
375.841. Change of name by foreign or alien company, application for amended certificate, how made. —
1. In the event that a foreign or alien insurance company authorized to transact business in this state changes its name or desires to transact in this state kinds of business other than those it is then authorized to transact, it shall file with the director an application for an amended certificate of authority.
2. The application shall comply as to form and manner of execution with the requirements of this chapter for an original application and shall set forth the name of the company, the respects in which the company desires its certificate of authority amended, and such other information as is necessary or appropriate to enable the director to determine whether an amended certificate of authority should be issued.
3. The director shall issue the amended certificate if he is satisfied that:
(1) The company might lawfully be authorized to transact the kinds of business it desires to transact if application for authority were made in an original application; and
(2) The conditions provided for in section 375.821 are complied with.
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(L. 1967 p. 516)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.851 - Amended articles, copy to be filed with director, effect of (foreign or alien company).

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1967
375.851. Amended articles, copy to be filed with director, effect of (foreign or alien company). —
Whenever the articles of incorporation or articles of association of a foreign or alien insurance company authorized to transact business in this state are amended, the company shall, within thirty days after the effective date of the amendment, file with the director a copy thereof duly authenticated by the proper officer of the state or country under the laws of which the company is organized. The filing of the copy shall not of itself enlarge the authority of the company in the transaction of business in this state, nor authorize the company to transact business in this state under any other name than the name set forth in its certificate of authority.
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(L. 1967 p. 516)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.861 - Foreign company survivor of merger, documents to be filed with director.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1967
375.861. Foreign company survivor of merger, documents to be filed with director. —
1. Whenever a foreign insurance company authorized to transact business in this state is the surviving company of a statutory merger permitted by the laws of the state or country under which it is organized, and the merger is not subject to the provisions of section 375.241, it shall forthwith file with the director:
(1) Copies of the agreement and certificate of merger duly authenticated by the proper officer of the state or country under the laws of which the statutory merger was effected; and
(2) If any of the companies party to the merger was not admitted to transact business in this state, a statement of the financial condition and business of each of the companies, as of the end of the preceding calendar year complying as to form, content and verification with the requirements for annual statements, or a financial statement as of such later date as the director may require.
2. It is not necessary for the surviving company to procure a new certificate of authority to transact business in this state nor an amended certificate unless the name of the company is changed thereby or unless the company desires to transact in this state kinds of business other than those which it is then authorized to transact.
3. Whenever a foreign insurance company authorized to transact business in this state is a party to a statutory merger and the company is not the surviving company, or if the foreign insurance company is a party to a consolidation, then the certificate of authority of the foreign company shall terminate upon the merger or consolidation, and the surviving company, if not previously authorized to transact business in this state, or the new company, in the case of consolidation, shall be subject to the same requirements for admission to transact business in this state as any other foreign company.
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(L. 1967 p. 516)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.871 - Admitted foreign company may withdraw, how.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1967
375.871. Admitted foreign company may withdraw, how. —
1. Any foreign insurance company admitted to do business in this state may withdraw from this state by filing with the director a statement of withdrawal, signed and verified by a president, vice president or an executive officer corresponding thereto, or in the case of a reciprocal, by the attorney in fact, and setting forth:
(1) That the company surrenders its authority to transact business in this state and returns for cancellation its certificate of authority;
(2) Except in the case of a reciprocal, that the withdrawal of the company from this state has been duly authorized by the board of directors, trustees or other governing body of the company; and
(3) A post-office address to which the director may mail a copy of any process against the withdrawing company that may be served upon him.
2. Upon the filing of the statement together with its certificate of authority with the director and payment of any taxes or charges that may be due, the director shall cancel the certificate of authority and return the cancelled certificate to the company. The authority of the company to transact business in this state shall thereupon cease.
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(L. 1967 p. 516)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.891 - Annual statement — reserves required, requirements in lieu of deposits (foreign company).

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1967
375.891. Annual statement — reserves required, requirements in lieu of deposits (foreign company). —
1. Every foreign insurance company incorporated by or organized under the laws of any other state of the United States or of any foreign government and doing business in this state shall file and make such annual statement showing the condition of its affairs, maintain reserves, and make deposits at such time and in such manner as an insurance company organized and incorporated under the laws of the state of Missouri and transacting similar kind of business.
2. In lieu of such deposit or part thereof in this state of such an insurance company, the company may file with the director the current certificate in proper form of the public official having supervision over insurers in any other state to the effect that a like deposit or part thereof of such insurer is being maintained in public custody or control pursuant to law in such state in trust for the protection of the insurer's policyholders or its policyholders and creditors. If the company is authorized to transact in this state more than one kind of insurance for which a deposit is otherwise required under subsection 1, if the amount of the company's deposit so maintained in another state is not less than the aggregate amount of all such deposits so otherwise required in this state, the director shall accept a single certificate relative to such deposit in the other state without specification of the kind or kinds of insurance to which the same relates. When satisfied by such certificate that such deposit or a part thereof has been made and is being so held, the director shall accept such certificate in lieu of the deposit or part thereof required to be made in this state under subsection 1 of this section.
3. Nothing herein shall prohibit the director of the department of commerce and insurance of the state of Missouri from requiring such supplemental and additional information, statements, deposits and reserves as he deems necessary for the protection of Missouri policyholders.
4. Nothing in these sections shall so be construed as to release any of the assets of any company from any liability arising against the company in this state.
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(L. 1967 p. 516)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.901 - Foreign companies shall transact business through licensed agents and brokers.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1989
375.901. Foreign companies shall transact business through licensed agents and brokers. —
1. Foreign companies admitted to do business in this state shall make contracts of insurance with persons in this state only by lawfully constituted and licensed agents and brokers.
2. Any insurance company who violates any provision of this section shall suffer a revocation of its authority by the director to do business in this state, in addition to the penalty prescribed in section 375.310, the revocation to be for the term of one year.
3. No countersignature of a resident agent or broker is required on policies or contracts for insurance solicited by nonresident agents or brokers licensed by this state, unless the state of residence of the nonresident agent or broker imposes a countersignature requirement on policies or contracts solicited by residents of this state. If the state of residence of the nonresident agent or broker imposes such a countersignature requirement, then the policies or contracts solicited by the nonresident agent or broker in this state must be countersigned by a licensed agent or broker who is a legal resident of Missouri.
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(RSMo 1939 § 6013, A.L. 1961 p. 167, A.L. 1967 p. 516, A.L. 1981 S.B. 10, A.L. 1989 H.B. 615 & 563)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.908 - Nonresident insurer may become domestic insurer, procedure — director may promulgate rules.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1991
375.908. Nonresident insurer may become domestic insurer, procedure — director may promulgate rules. —
1. Any insurer which is organized under the laws of any other state and is admitted to do business in this state for the purpose of writing insurance may become a domestic insurer by complying with all of the requirements of law relative to the organization and licensing of a domestic insurer of the same type and by designating its principal place of business at a place in this state. Such domestic insurer shall be entitled to like certificates and licenses to transact business in this state, and shall be subject to the authority and jurisdiction of this state.
2. Any domestic insurer may, upon the approval of the director of the department of commerce and insurance, transfer its domicile to any other state in which it is admitted to transact the business of insurance, and upon such a transfer shall cease to be a domestic insurer, and shall be admitted to transact the business of insurance in this state if qualified as a foreign insurer. The director shall approve any such proposed transfer unless he shall determine such transfer is not in the interest of the policyholders of this state.
3. The certificate of authority, agent appointments and licenses, rates, and other items which the director allows, in his discretion, which are in existence at the time any insurer licensed to transact the business of insurance in this state transfers its corporate domicile to this or any other state by merger, consolidation or any other lawful method shall continue in full force and effect upon such transfer if such insurer remains duly qualified to transact the business of insurance in this state. All outstanding policies of any transferring insurer shall remain in full force and effect and need not be endorsed as to the new name of the company or its new location unless so ordered by the director. Every transferring insurer shall file new policy forms with the director on or before the effective date of the transfer, but may use existing policy forms with appropriate endorsements if allowed by, and under such conditions as approved by, the director; however, every such transferring insurer shall notify the director of the details of the proposed transfer, and shall file promptly, any
*
resulting amendments to corporate documents filed or required to be filed with the director.
4. The director may promulgate rules and regulations to carry out the provisions of this section.
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(L. 1991 H.B. 385, et al. § 24)
*Word "and" appears in original rolls.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.911 - Service on deputy director valid, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1967
375.911. Service on deputy director valid, when. —
In case of a vacancy in the office of the director of the department of commerce and insurance or in case of the absence or inability or suspension of the director, the service upon the deputy appointed under the provisions of section 374.080 shall be valid and sufficient for the purpose of section 375.906; provided, further, that in the absence or inability of both the director and deputy or in case of a vacancy in both of the offices, service upon the chief clerk, appointed under the provisions of section 374.130, shall be valid and sufficient for the purpose of section 375.906.
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(RSMo 1939 § 6006, A.L. 1967 p. 516)
(Source: 1959 § 375.220)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.919 - Use of language other than English permitted, when, disclosures — misrepresentation, penalty.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2002
375.919. Use of language other than English permitted, when, disclosures — misrepresentation, penalty. —
1. An insurer, as defined in section 375.001, may provide an insurance policy, endorsement, rider and any explanatory material in a language other than English. In the event of a dispute regarding the insurance or advertising material, the English language version shall dictate the resolution. If a policy, endorsement or rider is provided in a language other than English, the insurer shall also, at the same time, provide to the policyholder a copy of such policy, endorsement or rider in English, and shall disclose on such document, in both English and the other language, the following:
(1) The translation is for informational purposes only; and
(2) The English language version of the policy will be controlling unless the language in the other language version is shown to be a fraudulent misrepresentation
*
.
2. Any knowing misrepresentation in providing a policy, endorsement, rider or explanatory materials in a language other than English is a violation of sections 375.930 to 375.948.
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(L. 2002 H.B. 1381 merged with S.B. 656 merged with S.B. 895, subsecs. 1 and 3)
*Word "mispresentation" appears in original rolls of H.B. 1381 and S.B. 656.
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.920 - Policy form approval, disapproval — procedure.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1979, 2 histories
375.920. Policy form approval, disapproval — procedure. —
No insurer shall deliver any policy of private passenger automobile insurance, homeowner's insurance, dwelling-owner's insurance, residential fire insurance, or tenant's or renter's insurance written upon property within this state until such policy form shall have been approved as provided for in sections 375.920 to 375.923. Upon submission of any form to the director of the department of commerce and insurance, such form shall be deemed approved. The director of the department of commerce and insurance shall review such form within sixty days, and may have a hearing during that time. If within that time he determines the policy form is not in compliance with the insurance laws of this state and does not contain such words, phraseology, conditions and provisions which are specific, certain and unambiguous and reasonably adequate to meet the needed requirements of those insured under such policies, he may file a petition with the administrative hearing commission asking that the policy be disapproved, stating specifically the reasons why such policy form shall be disapproved.
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(L. 1979 S.B. 276 & 277 § 1)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.921 - Hearing on disapproval — action pending, effect on form.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1979
375.921. Hearing on disapproval — action pending, effect on form. —
The administrative hearing commission shall hear the petition, and if it finds the policy form shall be disapproved, it shall render specific findings of fact and law disapproving the policy form in that it is not in compliance with the insurance laws of this state and does not contain such words, phraseology, conditions and provisions which are specific, certain and unambiguous and reasonably adequate to meet the needed requirement of those insured under such policies. In all other cases the policy form shall stand approved. During the pending of any action all such forms shall be deemed approved.
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(L. 1979 S.B. 276 & 277 § 2)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.922 - Rules and regulations not authorized.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1979
375.922. Rules and regulations not authorized. —
The director of the department of commerce and insurance shall have no power to promulgate rules or regulations to implement sections 375.920 to 375.923.
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(L. 1979 S.B. 276 & 277 § 3)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.923 - Exempt forms.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2008
375.923. Exempt forms. —
All forms on file with the director on or before January 1, 1980, shall be exempt from the provisions of sections 375.920 to 375.923.
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(L. 1979 S.B. 276 & 277 § 4, A.L. 2008 S.B. 788)