2011 Missouri Revised Statutes
TITLE XXIV BUSINESS AND FINANCIAL INSTITUTIONS
Chapter 375 Provisions Applicable to All Insurance Companies
Section 375.490. Payment of judgments out of deposits.

375.490. 1. Any court of competent jurisdiction, wherein a judgment shall have been recovered against any company by which any securities have been deposited, as by law required, upon a policy issued by such company, and execution issued upon such judgment shall have been returned partly or wholly unsatisfied, shall, upon motion of the plaintiff in such executions, upon three days' notice to said director, order said director to forthwith dispose of enough of said securities at the best price he can obtain for the same to satisfy said judgment, execution and costs, so far as such securities shall suffice; and the director shall, upon realizing the amount necessary to pay said claim, with interest and costs, pay the same into the hands of the officer holding the original execution, and the receipt of said officer to him shall be a full acquittance from any further liability for the amount so turned over; provided, however, that in case of companies organized under the laws of this state, if the director has reason to believe that such company is insolvent, and will not be able to replace the securities to be withdrawn, he shall make return to the order to that effect, and thereupon the execution of such order shall be stayed until the question of solvency is determined; if the company is declared solvent, the director shall satisfy said execution out of said securities as above provided; if it is found insolvent, the judgment upon which said execution or order issued shall be liquidated or disposed of in the same manner as is provided by law for the adjustment of policy claims against insolvent companies.

2. Whenever any securities such as aforesaid shall have been disposed of by the director as aforesaid, said director, unless the company whose securities shall have been withdrawn as aforesaid shall, within ten days thereafter, deposit with him other securities of like kind and value, and for the like purpose as the securities so withdrawn, shall proceed, in respect to such company, in the manner authorized by law in case of insolvent or unsound companies.

(RSMo 1939 6047)

Prior revisions: 1929 5936; 1919 6344; 1909 7074

Annotation Copyright Missouri Joint Committee on Legislative Research