reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1262 - Mandatory control level event, occurrence of, when — effect, duties of director.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2014
375.1262. Mandatory control level event, occurrence of, when — effect, duties of director. —
1.
"Mandatory control level event"
means, with respect to any insurer or health organization, any of the following events:
(1) The filing of an RBC report which indicates that the insurer's or health organization's total adjusted capital is less than its mandatory control level RBC;
(2) Notification by the director to the insurer or health organization of an adjusted RBC report that indicates the event in subdivision (1) of this subsection if the insurer or health organization does not challenge the adjusted RBC report under section 375.1265; or
(3) If, pursuant to section 375.1265, the insurer or health organization challenges an adjusted RBC report that indicates the event in subdivision (1) of this subsection, notification by the director to the insurer or health organization that the director has, after a hearing, rejected the insurer's or health organization's challenge.
2. In the event of a mandatory control level event the director shall take such actions as are necessary to place the insurer or health organization under regulatory control under sections 375.1150 to 375.1246, or, in the case of a property and casualty insurer which is writing no business, may allow the insurer to continue its existing policies until expiration of the policy term and settlement of all outstanding claims under the supervision of the director. In either event, the mandatory control level event shall be deemed sufficient grounds for the director to take action pursuant to sections 375.1150 to 375.1246, and the director shall have the rights, powers and duties with respect to the insurer or health organization as are set forth in sections 375.1150 to 375.1246. In the event the director takes actions pursuant to an adjusted RBC report, the insurer or health organization shall be entitled to such protections as are afforded to insurers or health organizations pursuant to the provisions of sections 375.570 to 375.640, if the adjusted RBC report shall be deemed a report of examination. Notwithstanding any other provision of this subsection to the contrary, the director may forego action for up to ninety days after the mandatory control level event if the director finds there is a reasonable expectation that the mandatory control level event be eliminated within the ninety-day period.
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(L. 1993 H.B. 709 § 6, A.L. 1996 S.B. 759, A.L. 2014 H.B. 1968)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1265 - Hearing, insurer's right to, when — procedures — judicial review of order, exceptions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2014
375.1265. Hearing, insurer's right to, when — procedures — judicial review of order, exceptions. —
1. Upon:
(1) Notification to an insurer or health organization by the director of an adjusted RBC report; or
(2) Notification to an insurer or health organization by the director that:
(a) The insurer's or health organization's RBC plan or revised RBC plan is unsatisfactory; and
(b) Such notification constitutes a regulatory action level event with respect to such insurer or health organization; or
(3) Notification to any insurer or health organization by the director that the insurer or health organization has failed to adhere to its RBC plan or revised RBC plan and that such failure has a substantial adverse effect on the ability of the insurer or health organization to eliminate the company action level event with respect to the insurer or health organization in accordance with its RBC plan or revised RBC plan; or
(4) Notification to an insurer or health organization by the director of a corrective order with respect to the insurer or health organization;
­­the insurer or health organization shall have the right to a confidential departmental hearing, with a record made, at which the insurer or health organization may challenge any determination or action by the director. The insurer or health organization shall notify the director of its request for a hearing within five days after the notification by the director pursuant to this subsection. Upon receipt of the insurer's or health organization's request for a hearing, the director shall set a date for the hearing, which date shall be no less than ten nor more than thirty days after the date of the insurer's or health organization's request.
2. An insurer or health organization aggrieved by an order of the director after a hearing pursuant to subsection 1 of this section may obtain judicial review of such order pursuant to sections 536.100 to 536.140, except that:
(1) No insurer or health organization shall be deemed aggrieved unless the director has either:
(a) Made the director's order public; or
(b) Taken action pursuant to sections 375.1250 to 375.1275 or pursuant to sections 375.1165 to 375.1246; or
(c) Issued a corrective order after the hearing;
(2) If the director has taken action as described in paragraph (b) of subdivision (1) of subsection 1 of this section, judicial review pursuant to this section shall be consolidated with and be pendent to the action pursuant to the director's action.
3. There shall be no judicial review of any action by the director pursuant to sections 375.1250 to 375.1275 except as provided in subsection 2 of this section.
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(L. 1993 H.B. 709 § 7, A.L. 1996 S.B. 759, A.L. 2014 H.B. 1968)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1269 - Provisions of law supplemental to other insurance laws — rules and regulations, authority — exemption of property — immunity from liability.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2014
375.1269. Provisions of law supplemental to other insurance laws — rules and regulations, authority — exemption of property — immunity from liability. —
1. The provisions of sections 375.1250 to 375.1275 are supplemental to any other provisions of the laws of this state, and shall not preclude or limit any other powers or duties of the director under such laws, including but not limited to sections 375.1150 to 375.1246.
2. The director may adopt reasonable rules and regulations necessary for the implementation of sections 375.1250 to 375.1275. No rule or regulation promulgated under authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
3. The director may exempt from the provisions of sections 375.1250 to 375.1275 any domestic property and casualty insurer which:
(1) Writes direct business only in this state;
(2) Writes direct annual premiums of two million dollars or less; and
(3) Assumes no reinsurance in excess of five percent of direct premium written.
4. The director may exempt from the provisions of sections 375.1250 to 375.1275 any domestic health organization that:
(1) Writes direct business only in this state; and
(2) Writes direct annual premiums of two million dollars or less; and
(3) Assumes no reinsurance in excess of five percent of direct premium written; or
(4) Is a limited health service organization that covers less than two thousand lives.
5. There shall be no liability on the part of, and no cause of action shall arise against, the director, the department of commerce and insurance or its employees or agents for any action taken by them in the performance of their powers and duties under sections 375.1250 to 375.1275.
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(L. 1993 H.B. 709 § 9, A.L. 1996 S.B. 759, A.L. 2014 H.B. 1968)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1270 - Foreign insurers to submit RBC report to director, when — plan, submission of, when — powers of director.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2014
375.1270. Foreign insurers to submit RBC report to director, when — plan, submission of, when — powers of director. —
1. Any foreign insurer or foreign health organization shall, upon the written request of the director, submit to the director an RBC report as of the end of the calendar year just ended the later of:
(1) The date an RBC report would be required to be filed by a domestic insurer or domestic health organization under sections 375.1250 to 375.1275; or
(2) Fifteen days after the request is received by the foreign insurer or foreign health organization.
2. Any foreign insurer or foreign health organization shall, at the written request of the director, promptly submit to the director a copy of any RBC plan that is filed with the chief insurance regulatory official of any other state.
3. In the event of a company action level event regulatory action level event or authorized control level event with respect to any foreign insurer or foreign health organization as determined under the RBC statute applicable in the state of domicile of the insurer or, if no RBC provision is in force in that state, under the provisions of sections 375.1250 to 375.1275, if the chief insurance regulatory official of the state of domicile of the foreign insurer or foreign health organization fails to require the foreign insurer or foreign health organization to file an RBC plan in the manner specified under the RBC statute or, if no RBC provision is in force in the state, under section 375.1255, the director may require the foreign insurer or foreign health organization to file an RBC plan with the director. In such event, the failure of the foreign insurer or foreign health organization to file an RBC plan with the director shall be grounds to order the insurer or foreign health organization to cease and desist from writing new insurance business in this state, pursuant to the procedures set forth in section 374.046.
4. In the event of a mandatory control level event with respect to any foreign insurer or foreign health organization, if no domiciliary receiver has been appointed with respect to the foreign insurer or foreign health organization under the rehabilitation and liquidation statute applicable in the state of domicile of the foreign insurer or foreign health organization, the director may make application to the circuit court of Cole County permitted pursuant to section 375.1234 with respect to the liquidation of property of foreign insurers or foreign health organizations found in this state, and the occurrence of the mandatory control level event shall be considered adequate grounds for the application.
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(L. 1993 H.B. 709 § 10, A.L. 1996 S.B. 759, A.L. 2014 H.B. 1968)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1272 - Notices, effective when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2014
375.1272. Notices, effective when. —
All notices by the director to an insurer or health organization which may result in regulatory action under sections 375.1250 to 375.1275 shall be effective upon dispatch if transmitted by registered or certified mail, or in the case of any other transmission shall be effective upon the insurer's or health organization's receipt of such notice.
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(L. 1993 H.B. 709 § 11, A.L. 2014 H.B. 1968)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1280 - Scope of law.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1993
375.1280. Scope of law. —
Sections 375.1280 to 375.1295 provide for the regulation of the transfer and novation of contracts of insurance by way of assumption reinsurance. It defines assumption reinsurance and establishes notice and disclosure requirements which protect and define the rights and obligations of policyholders, regulators and the parties to assumption reinsurance agreements.
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(L. 1993 H.B. 709 § 13)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1282 - Application of law — not applicable, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1993
375.1282. Application of law — not applicable, when. —
1. Sections 375.1280 to 375.1295 apply to any insurer authorized in this state which either assumes or transfers the obligations or risks on contracts of insurance owned by policyholders pursuant to an assumption reinsurance agreement.
2. Sections 375.1280 to 375.1295 do not apply to:
(1) Any reinsurance agreement or transaction in which the ceding insurer continues to remain directly liable for its insurance obligations or risks under the contracts of insurance subject to the reinsurance agreement;
(2) The substitution of one insurer for another upon the expiration of insurance coverage pursuant to statutory or contractual requirements and the issuance of a new contract of insurance by another insurer;
(3) The transfer of contracts of insurance pursuant to mergers or consolidations of two or more insurers to the extent that those transactions are regulated by statute;
(4) Any insurer subject to a judicial order of liquidation or rehabilitation; or
(5) Any reinsurance agreement or transaction to which a state insurance guaranty association is a party.
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(L. 1993 H.B. 709 § 14)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1285 - Definitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1993
375.1285. Definitions. —
As used in sections 375.1280 to 375.1295, the following terms mean:
(1)
"Assuming insurer"
, the insurer which acquires an insurance obligation or risk from the transferring insurer pursuant to an assumption reinsurance agreement;
(2)
"Assumption reinsurance agreement"
, any contract which both:
(a) Transfers insurance obligations or risks of existing or in-force contracts of insurance from a transferring insurer to an assuming insurer; and
(b) Is intended to effect a novation of the transferred contract of insurance with the result that the assuming insurer becomes directly liable to the policyholders of the transferring insurer and the transferring insurer's insurance obligations or risks under such contracts are extinguished;
(3)
"Contract of insurance"
, any written agreement between an insurer and policyholder pursuant to which the insurer, in exchange for premium or other consideration, agrees to assume an obligation or risk of the policyholder, or to make payments on behalf of or to the policyholder or its beneficiaries; it shall include but not be limited to all property, casualty, life, health, accident, surety, title, and annuity business authorized to be written pursuant to the insurance laws of this state;
(4)
"Notice of transfer"
, the written notice to policyholders required by section 375.1287;
(5)
"Policyholder"
, any individual or entity which has the right to terminate or otherwise alter the terms of a contract of insurance. It includes any certificate holder whose certificate is in force on the proposed effective date of the assumption, if the certificate holder has the right to keep the certificate in force without change in benefit following termination of the group policy. The rights to keep the certificate in force referred to in this section shall not include the right to elect individual coverage under the Consolidated Omnibus Budget Reconciliation Act, ("COBRA" ) section 601, et seq., or the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. 1161 et seq.;
(6)
"Transferring insurer"
, the insurer which transfers an insurance obligation or risk to an assuming insurer pursuant to an assumption reinsurance agreement.
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(L. 1993 H.B. 709 § 15)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1290 - Policyholder's right to reject, procedures — second and third notices, when — response deemed received, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1993
375.1290. Policyholder's right to reject, procedures — second and third notices, when — response deemed received, when. —
1. Every policyholder shall have the right to reject the transfer and novation of their contract of insurance. Policyholders electing to reject the assumption transaction shall return to the transferring insurer the preaddressed postage-paid response card or other written notice and indicate thereon that the assumption is rejected.
2. Payment of the next premium to the assuming company after the notice of transfer is received shall be deemed to indicate the policyholder's acceptance of the transfer to the assuming insurer, and a novation shall be deemed to have been effected, provided that the premium notice clearly states that payment of the premium to the assuming insurer shall constitute acceptance of the transfer. However, the premium notice shall also provide a method for the insured to pay the premium while reserving the right to reject the transfer.
3. After no fewer than twelve months from the mailing of the initial notice of transfer required under subsection 1 of section 375.1287, if positive consent to the transfer and assumption has not been received and consent has not been deemed to have occurred under subsection 2 of this section, the transferring company shall send to the policyholder a second notice of transfer as specified in subsection 1 of section 375.1287. After no fewer than twenty-four months from the mailing of the initial notice of transfer, if positive consent to the transfer and assumption has not been received and consent has not been deemed to have occurred under subsection 2 of this section, the transferring company shall send to the policyholder a third and final notice of transfer. If the policyholder does not reject the transfer during the six-month period immediately following the date on which the transferring insurer mails the third and final notice of transfer, the policyholder's consent will be deemed to have occurred and novation of the contract will be effected.
4. The transferring insurer will be deemed to have received the response card or other written notice on the date it is postmarked. A policyholder may also send a response card or other written notice by facsimile or other electronic transmission or by registered mail, express delivery or courier service, in which case the response card shall be deemed to have been received by the assuming insurer on the date of actual receipt by the transferring insurer.
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(L. 1993 H.B. 709 § 17)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1292 - Consent to transfer, effect.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1993
375.1292. Consent to transfer, effect. —
If a policyholder consents to the transfer pursuant to section 375.1290, or if the transfer is effected under section 375.1294, there shall be a novation of the contract of insurance subject to the assumption reinsurance agreement with the result that the transferring insurer shall thereby be relieved of all insurance obligations or risks transferred under the assumption reinsurance agreement, and the assuming insurer shall become directly and solely liable to the policyholder for those insurance obligations or risks.
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(L. 1993 H.B. 709 § 18)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1294 - Hazardous financial condition of transferring insurer, automatic transfer, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1993
375.1294. Hazardous financial condition of transferring insurer, automatic transfer, when. —
If an insurer domiciled in this state or in a jurisdiction not having a substantially similar law is deemed by the director to be in hazardous financial condition, or if an administrative or judicial proceeding has been instituted against it for the purpose of liquidating, reorganizing or conserving such insurer, and if the transfer of the contracts of insurance by the insurer is in the best interest of the policyholders, as determined by the director, then a transfer and novation may be effected notwithstanding the provisions of sections 375.1280 to 375.1295. This may include a form of implied consent and adequate notification to the policyholder of the circumstances requiring the transfer as approved by the director.
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(L. 1993 H.B. 709 § 19)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1295 - Effective date — application dates.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1993
375.1295. Effective date — application dates. —
1. Sections 375.1280 to 375.1295 shall apply to all assumption reinsurance agreements entered into on or after August 28, 1993.
2. Any person who prior to August 28, 1993, committed any act punishable under subsection 10 of section 375.241 may be punished under the provisions of such subsection as it existed prior to August 28, 1993, on any date on or after August 28, 1993.
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(L. 1993 H.B. 709 § 20)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1300 - Definitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1998
375.1300. Definitions. —
When used in sections 375.1300 to 375.1312, the following terms mean:
(1)
"Consultant"
, an individual, partnership or corporation who, for a fee, holds himself or itself out to the public as engaged in the business of offering any advice, counsel, opinion or service with respect to the benefits, advantages or disadvantages promised under any policy of insurance that could be issued in this state;
(2)
"Director"
, the director of the department of commerce and insurance of this state;
(3)
"Genetic information"
, the results of a genetic test. Genetic information shall not include family history, the results of routine physical measurements, or the results of chemical, blood, urine analysis, or the results of tests for drugs or the presence of the human immunodeficiency virus, or from results of any other tests commonly accepted in clinical practice at the time;
(4)
"Genetic test"
, a laboratory test of human deoxyribonucleic acid (DNA) or ribonucleic acid (RNA) used to identify the presence or absence of inherited alterations in the DNA or RNA which cause predisposition to disease or illness. The term does not include routine physical measurements and examinations, routine tests performed as a part of a physical examination, chemical, blood or urine analysis, cholesterol tests, tests for the presence of the human immunodeficiency virus, a test for drugs, or tests commonly accepted in clinical practice at the time;
(5)
"Insurer"
, any person, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance, including agents, brokers, adjusters and third-party administrators. "Insurer" also includes health services corporations, health maintenance organizations, prepaid limited health care service plans, dental, optometry and other similar health service plans. For purposes of sections 375.930 to 375.948, such entities shall be deemed to be engaged in the business of insurance. "Insurer" shall also include all companies organized, incorporated or doing business pursuant to the provisions of chapters 325, 375, 376, 377, 378, 379, 381 and 383;
(6)
"Person"
, any natural or artificial entity, including, but not limited to, individuals, partnerships, associations, trusts or corporations;
(7)
"Policy"
,
"certificate"
or
"contract"
includes any contract of insurance, indemnity, medical, health or hospital service, suretyship, or annuity issued, proposed for issuance, or intended for issuance by any insurer.
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(L. 1998 S.B. 722 § 1)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1303 - Genetic testing by insurer, limitations — penalty — health plan, defined.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1998
375.1303. Genetic testing by insurer, limitations — penalty — health plan, defined. —
1. Any insurer, in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage or any other underwriting decision, shall not, in connection with the offer, sale or renewal of a health plan:
(1) Require or request a person or blood relative of such person to provide genetic information or take a genetic test;
(2) Except as provided in subdivisions (3) and (4) of this subsection, inquire to determine whether a person or blood relative of such person has taken or refused a genetic test or what the results of any such test were;
(3) Consider without the approval of such person the fact that genetic information or a genetic test was taken or refused by a person or blood relative of such person; or
(4) Consider without the approval of such person genetic information or the results of any genetic test taken by a person or blood relative of such person.
2. A violation of this section shall be subject to the provisions of sections 375.930 to 375.948 relating to unfair trade practices.
3. For purposes of this section,
"health plan"
does not include any policy, contract or certificate of life insurance, reinsurance, disability income or long-term care coverage. This section applies to applications for coverage made on or after January 1, 1999, and to policies, contracts and certificates issued or renewed on or after such date to provide coverage to residents of this state.
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(L. 1998 S.B. 722 § 2)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1306 - Genetic information, prohibited uses by employers — penalty for violation.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2007
375.1306. Genetic information, prohibited uses by employers — penalty for violation. —
1. An employer shall not use any genetic information or genetic test results, as those terms are defined in subdivisions (3) and (4) of section 375.1300, of an employee or prospective employee to distinguish between, discriminate against, or restrict any right or benefit otherwise due or available to such employee or prospective employee. The requirements of this section shall not prohibit:
(1) Underwriting in connection with individual or group life, disability income or long-term care insurance;
(2) Any action required or permissible by law or regulation;
(3) Action taken with the written permission of an employee or prospective employee or such person's authorized representative; or
(4) The use of genetic information when such information is directly related to a person's ability to perform assigned job responsibilities.
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 any of these sections is a level two violation under section 374.049.
3. If the director believes that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of this section or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of this section or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048. A violation of any of these sections is a level two violation under section 374.049.
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(L. 1998 S.B. 722 § 4, 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 375.1309 - Confidentiality of genetic information, exceptions — penalty for violation.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2007
375.1309. Confidentiality of genetic information, exceptions — penalty for violation. —
1. Any person who, in the ordinary course of business, practice of a profession or rendering of a service, creates, stores, receives or furnishes genetic information, as such term is defined in subdivision (3) of section 375.1300, shall hold such information as confidential medical records and shall not disclose such genetic information except pursuant to written authorization of the person to whom such information pertains or to that person's authorized representative. The requirements of this section shall not apply to:
(1) Statistical data compiled without reference to the identity of an individual;
(2) Health research conducted in accordance with the provisions of the federal common rule protecting the rights and welfare of research participants (45 CFR 46 and 21 CFR 50 and 56), or to health research using medical archives or databases in which the identity of individuals is protected from disclosure by coding or encryption, or by removing all identities;
(3) The release of such information pursuant to legal or regulatory process; or
(4) The release of such information for body identification.
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 any of these sections is a level two violation under section 374.049.
3. If the director believes that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of this section or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of this section or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048. A violation of any of these sections is a level two violation under section 374.049.
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(L. 1998 S.B. 722 § 5, 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 375.1500 - Sections 375.1500 to 375.1527 apply to life insurance policies, exceptions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1998
375.1500. Sections 375.1500 to 375.1527 apply to life insurance policies, exceptions. —
Sections 375.1500 to 375.1527 apply to all group and individual life insurance policies and certificates except:
(1) Variable life insurance;
(2) Individual and group annuity contracts;
(3) Credit life insurance;
(4) Policies written by a company with less than twenty-five million dollars in annual direct written life insurance premiums;
(5) Life insurance policies with no illustrated death benefits on any individual exceeding ten thousand dollars;
(6) Life insurance policies containing guaranteed elements exclusively; or
(7) Single premium policies.
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(L. 1998 S.B. 722 § 6)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1506 - Policies marketed without an illustration, notice to department — illustration requirements — quotation required, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1998
375.1506. Policies marketed without an illustration, notice to department — illustration requirements — quotation required, when. —
1. Each insurer marketing policies to which sections 375.1500 to 375.1527 are applicable shall notify the director of the department of commerce and insurance whether a policy form is to be marketed with or without an illustration. For all policy forms being actively marketed on August 28, 1998, the insurer shall identify in writing those forms and whether or not an illustration will be used with them. For policy forms filed after August 28, 1998, the identification shall be made at the time of filing. Any previous identification may be changed by notice to the director of the department of commerce and insurance.
2. If the insurer identifies a policy form as one to be marketed without an illustration, any use of an illustration for any policy using that form prior to the first policy anniversary is prohibited.
3. If a policy form is identified by the insurer as one to be marketed with an illustration, a basic illustration prepared and delivered in accordance with sections 375.1500 to 375.1527 is required, except that a basic illustration need not be provided to individual members of a group or to individuals insured under multiple lives coverage issued to a single applicant unless the coverage is marketed to these individuals. The illustration furnished an applicant for a group life insurance policy or policies issued to a single applicant on multiple lives may be either an individual or composite illustration representative of the coverage on the lives of members of the group or the multiple lives covered.
4. Potential enrollees of nonterm group life subject to sections 375.1500 to 375.1527 shall be furnished a quotation with the enrollment materials. The quotation shall show potential policy values for sample ages and policy years on a guaranteed and nonguaranteed basis appropriate to the group and the coverage. This quotation shall not be considered an illustration for purposes of sections 375.1500 to 375.1527, but all information provided shall be consistent with the illustrated scale. A basic illustration shall be provided at delivery of the certificate to enrollees for nonterm group life who enroll for more than the minimum premium necessary to provide pure death benefit protection. In addition, the insurer shall make a basic illustration available to any nonterm group life enrollee who requests it.
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(L. 1998 S.B. 722 § 8)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1509 - Life insurance illustration, label, contents, use in sales presentation, interest rates.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1998
375.1509. Life insurance illustration, label, contents, use in sales presentation, interest rates. —
1. An illustration used in the sale of a life insurance policy shall satisfy the applicable requirements of sections 375.1500 to 375.1527, be clearly labeled "life insurance illustration" and contain the following basic information:
(1) Name of insurer;
(2) Name and business address of producer or insurer's authorized representative, if any;
(3) Name, age and sex of proposed insured, except where a composite illustration is permitted pursuant to sections 375.1500 to 375.1527;
(4) Underwriting or rating classification upon which the illustration is based;
(5) Generic name of policy, the company product name, if different, and form number;
(6) Initial death benefit; and
(7) Dividend option election or application of nonguaranteed elements, if applicable.
2. When using an illustration in the sale of a life insurance policy, an insurer or its producers or other authorized representatives shall not:
(1) Represent the policy as anything other than a life insurance policy;
(2) Use or describe nonguaranteed elements in a manner that is misleading or has the capacity or tendency to mislead;
(3) State or imply that the payment or amount of nonguaranteed elements is guaranteed;
(4) Use an illustration that does not comply with the requirements of sections 375.1500 to 375.1527;
(5) Use an illustration that at any policy duration depicts policy performance more favorable to the policy owner than that produced by the illustrated scale of the insurer whose policy is being illustrated;
(6) Provide an applicant with an incomplete illustration;
(7) Represent in any way that premium payments will not be required for each year of the policy in order to maintain the illustrated death benefits, unless that is the fact;
(8) Use the term
"vanish"
or
"vanishing premium"
, or a similar term that implies the policy becomes paid up, to describe a plan for using nonguaranteed elements to pay a portion of future premiums;
(9) Except for policies that can never develop nonforfeiture values, use an illustration that is "lapse-supported"; or
(10) Use an illustration that is not "self-supporting".
3. If an interest rate used to determine the illustrated nonguaranteed elements is shown, it shall not be greater than the earned interest rate underlying the disciplined current scale.
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(L. 1998 S.B. 722 § 9)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1515 - Supplemental illustrations permitted, when — notice required.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1998
375.1515. Supplemental illustrations permitted, when — notice required. —
1. A supplemental illustration may be provided so long as:
(1) It is appended to, accompanied by or preceded by a basic illustration that complies with sections 375.1500 to 375.1527;
(2) The nonguaranteed elements shown are not more favorable to the policy owner than the corresponding elements based on the scale used in the basic illustration;
(3) It contains the same statement required of a basic illustration that nonguaranteed elements are not guaranteed; and
(4) For a policy that has a contract premium, the contract premium underlying the supplemental illustration is equal to the contract premium shown in the basic illustration. For policies that do not require a contract premium, the premium outlay underlying the supplemental illustration shall be equal to the premium outlay shown in the basic illustration.
2. The supplemental illustration shall include a notice referring to the basic illustration for guaranteed elements and other important information.
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(L. 1998 S.B. 722 § 11)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1527 - Violation of sections 375.1500 to 375.1527, penalties.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1998
375.1527. Violation of sections 375.1500 to 375.1527, penalties. —
In addition to any other penalties provided by the laws of this state, an insurer or producer that violates a requirement of sections 375.1500 to 375.1527 shall be guilty of an unfair trade practice pursuant to sections 375.930 to 375.948.
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(L. 1998 S.B. 722 § 15)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1530 - Application of sections 375.1500 to 375.1527.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 1998
375.1530. Application of sections 375.1500 to 375.1527. —
Sections 375.1500 to 375.1527 shall only apply to policies governed by sections 375.1500 to 375.1527 which are marketed after January 1, 1999.
­­--------
(L. 1998 S.B. 722 § 16)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1575 - Denial of claim, disclosure by applicant not required.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
Effective - 28 Aug 2001
375.1575. Denial of claim, disclosure by applicant not required. —
No insurer or its agent or representative shall require any applicant or policyholder to divulge if any insurer has denied any claim of that applicant or policyholder.
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(L. 2001 H.B. 328 & 88 § 2 merged with S.B. 186 § 1)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1730 - Costs of coverage reported to department — rates.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
Effective - 28 Aug 2002
375.1730. Costs of coverage reported to department — rates. —
Any insurance company that sells liability insurance which provides coverage for dram shop liability as described in section 537.053 shall report all costs associated with such coverages to the department of commerce and insurance. The rates for such coverage shall be governed pursuant to section 379.889.
­­--------
(L. 2002 H.B. 1532)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1800 - Residency of insurance companies, domestic and foreign.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
Effective - 28 Aug 2019
375.1800. Residency of insurance companies, domestic and foreign. —
1. A domestic insurance company shall be deemed for all purposes, including venue, to reside in, and be a resident of, the county where its registered office is maintained.
2. A foreign insurance company shall be deemed for all purposes, including venue, to reside in, and be a resident of, the county where its registered office is maintained. A foreign insurance company that does not maintain a registered office in any county in Missouri shall be deemed to reside in, and be a resident of, Cole County.
­­--------
(L. 2019 S.B. 7)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1803 - Court actions against insurance company, venue where — inapplicability, when.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
Effective - 28 Aug 2019
375.1803. Court actions against insurance company, venue where — inapplicability, when. —
1. Notwithstanding any provision of law to the contrary, in all actions in which there is any count against an insurer, whether in tort or contract, regarding the rights, benefits, or duties under an insurance contract or any action arising from an insurance contract, including but not limited to claims of breach of contract, bad faith, or breach of fiduciary duty, venue shall be in the county where the insurer resides, or if the insured was a resident of Missouri at the time the insurance contract was issued, the county of the insured's principal place of residence, as defined in section 508.010, at the time the insurance contract was issued. Venue shall be determined by this section even if the insured's rights or claims under the policy have been assigned or otherwise transferred to another party. However, intervention by an insurer in an action pursuant to section 537.065 shall not affect the venue of the action.
2. (1) The provisions of this section shall not apply to any action against an insurer relating to uninsured motorist coverage or underinsured motorist coverage, including any action to enforce such coverage.
(2) Venue for a vexatious refusal to pay claim under section 375.296 or section 375.420 to collect an amount due under uninsured motorist or underinsured motorist coverage shall not be determined in accordance with the provisions of this section, but shall be determined by the provisions of section 375.1806. However, venue for any other vexatious refusal to pay claim to collect an amount due under any other type of policy or coverage shall be determined in accordance with the provisions of this section.
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(L. 2019 S.B. 7)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 375 - Provisions Applicable to All Insurance Companies › Section 375.1806 - Uninsured and underinsured motorist coverage, venue, where.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375
• Effective - 28 Aug 2019
375.1806. Uninsured and underinsured motorist coverage, venue, where. —
Notwithstanding any provision of law to the contrary, in all actions against an insurer relating to uninsured motorist coverage or underinsured motorist coverage, including any action to enforce such coverage, venue as to that individual plaintiff shall be determined as follows:
(1) If the accident involving the uninsured or underinsured motor vehicle occurred in Missouri, then venue shall be in the county where the accident occurred;
(2) If the accident involving the uninsured or underinsured motor vehicle occurred outside the state of Missouri, then venue shall either be in:
(a) The county where the insurer resides; or
(b) If the insured's principal place of residence was in the state of Missouri on the date the insured was first injured by the accident involving an uninsured or underinsured motor vehicle, the county of the insured's principal place of residence on the date the insured was first injured by such accident.
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(L. 2019 S.B. 7)
2023 Missouri Revised Statutes › Title XXIV - Business and Financial Institutions › Chapter 376 - Life, Health and Accident Insurance › Section 376.005 - Definitions.

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 376
Effective - 28 Aug 2008
376.005. Definitions. —
As used in this chapter, unless otherwise clearly indicated by the context, the following words mean:
(1)
"Department"
, the department of commerce and insurance; and
(2)
"Director"
, the director of the department of commerce and insurance.
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(L. 2008 S.B. 788)