2016 Missouri Revised Statutes
TITLE XXIV BUSINESS AND FINANCIAL INSTITUTIONS (361-385)
Chapter 379 Insurance Other Than Life

• Chapter Cross References

GENERAL PROVISIONS

• Section 379.005 Definitions.

ORGANIZATION OF INSURANCE COMPANIES

• Section 379.010 Number of incorporators required--classes of insurance--capital and surplus requirements, phase-in.
• Section 379.011 Documents required for insurance transactions or proof of coverage by electronic means permitted, when, requirements--inapplicability.
• Section 379.012 Insurance forms and endorsements may be available on insurer's website, when, requirements--rulemaking authority.
• Section 379.017 Combined risk policies authorized--single premium may be lower than aggregate coverage rates.
• Section 379.025 Plans for formation of companies--name--prohibitions.
• Section 379.030 Declaration preliminary to organizing.
• Section 379.035 Articles of incorporation for stock companies.
• Section 379.040 Declaration, approval, filing--certificate of incorporation--subscription of stock.
• Section 379.050 Examination and certification of stocks, by whom.
• Section 379.055 Director to give certificate--to be filed--evidence.
• Section 379.060 Charter of mutual companies.
• Section 379.065 Organization of corporation--procedure--fee.
• Section 379.070 Director to examine subscriptions, policyholders' surplus.
• Section 379.075 Authority to commence business, when, how issued.
• Section 379.080 Capital and surplus of stock or mutual company, investments authorized--violation, penalty.
• Section 379.082 Property and liability companies, assets--requirements, standards.
• Section 379.083 Insurer investment in investment pools permitted, when--limitations--custodial and pooling agreements.
• Section 379.085 Mutual companies doing fire and marine business, agreements and securities--violation, penalty.
• Section 379.090 Premium notes, how payable.
• Section 379.095 Assessment of premium notes.
• Section 379.098 Securities to be deposited by all companies, kind and amount.
• Section 379.100 Director to receive deposits.
• Section 379.102 Unearned premium and loss reserves, maintained as liabilities.
• Section 379.105 Annual reports--contents.
• Section 379.108 Form of certificate to be filed with director--definitions--contents--standard forms--false or misleading information prohibited--applicability--fee--violations, effect of--rulemaking authority.

AUTOMOBILE INSURANCE CANCELLATION--REFUSAL TO ISSUE OR RENEW

• Section 379.110 Definitions.
• Section 379.112 Provisions of policy covered.
• Section 379.114 Reasons for cancellation.
• Section 379.116 Refusal to insure or exclusion of named persons, when.
• Section 379.118 Notice of cancellation and renewals, due when--reinstatement, when--exemption, when.
• Section 379.120 Explanation of refusal to write a policy, how given, contents.
• Section 379.121 Definitions.
• Section 379.122 Refusal to issue policy based on the lack of prior motor vehicle coverage prohibited, when.
• Section 379.123 Violation deemed unfair trade practice.
• Section 379.124 (Transferred 2004; now 379.121)

GENERAL PROVISIONS

• Section 379.125 Reinsurance.
• Section 379.126 (Transferred 2004; now 379.122)
• Section 379.127 (Transferred 2004; now 379.123)
• Section 379.130 Insurance claims, percentage of fault not to be assigned based solely on operation of a motorcycle.
• Section 379.140 Company not to deny value--full amount of policy to be paid.
• Section 379.145 Property insured in more than one company.
• Section 379.150 Partial loss--option with insured.
• Section 379.155 Coinsurance provisions declared void--exception.
• Section 379.160 Form of policy to be filed--coinsurance clause.
• Section 379.165 Construction of warranties of fact made in application.
• Section 379.170 Construction of warranties of fact incorporated in policy.
• Section 379.175 Evasion of sections prohibited.
• Section 379.180 Adjustments and examination of books to be made at place of loss.
• Section 379.185 After notice of loss, company to furnish blanks.
• Section 379.190 Failure to furnish blank forms deemed waiver.
• Section 379.195 Accident insurance liability fixed, when--cancellation prohibited.
• Section 379.200 Judgment creditor may collect insurance, when.
• Section 379.201 Motor vehicle policies to include coverage of owner and vehicle loaned for demonstration or during repairs.
• Section 379.203 Automobile liability policy, required provisions--uninsured motorist coverage required--recovery against tort-feasor, how limited.
• Section 379.204 Underinsured motor vehicle coverage, construction of policy.

MUTUAL COMPANIES OTHER THAN LIFE AND FIRE

• Section 379.205 Mutual companies other than life and fire insurance.
• Section 379.210 Articles of incorporation shall specify what.
• Section 379.215 Name must contain the word "mutual".
• Section 379.220 Submitted to director--proof of publication--certificate may be issued--amendment of articles.
• Section 379.225 Company to have legal existence from date of certificate--insurance in force, when.
• Section 379.230 Contracts of insurance and reinsurance.
• Section 379.235 License required--conditions to be complied with.
• Section 379.240 Who may hold policies.
• Section 379.245 Voting power of members.
• Section 379.250 Premiums.
• Section 379.255 Assets, how invested.
• Section 379.257 Deposit of securities required of mutual companies other than life and fire.
• Section 379.260 Reserves.
• Section 379.263 Mutual companies other than life and fire to file statement of affairs, when.
• Section 379.265 Assessments to meet reserve deficiencies.
• Section 379.270 Director may advance money.
• Section 379.275 Policies need not be countersigned--conditions.
• Section 379.290 Tax to be paid upon premiums.
• Section 379.295 Returns and assessment to be made by director--collection and disposition of tax by the director of revenue.
• Section 379.300 Failure to make return--director to proceed.

REGULATION OF RATES AND RATING ORGANIZATIONS

• Section 379.316 Scope of act (section 379.017 and sections 379.316 to 379.361).
• Section 379.318 Rates, how made.
• Section 379.321 Rating plans to be filed with director, when--informational filings.
• Section 379.323 Rating organization defined--license, application for, contents--subscribers, how treated.
• Section 379.326 Deviation, how filed, effective when--open to public inspection.
• Section 379.328 Advisory organization defined--required filings--hearings on activities, discontinuance orders.
• Section 379.331 Joint underwriting regulated--hearings, discontinuance order, when.
• Section 379.333 Insurers may act in concert to make rates.
• Section 379.336 Insurers with common management may act in concert to make rates.
• Section 379.338 Agreement to adhere prohibited, exception.
• Section 379.341 Exchange of information approved.
• Section 379.343 Examinations by director, when, how conducted, cost how paid.
• Section 379.346 Examination, purpose of--hearing--order.
• Section 379.348 Review of rate, rating plan or system, how obtained.
• Section 379.351 Approval by director of rules and plans, when--exchange of information with director--director may make rules and regulations.
• Section 379.353 Withholding of information or giving false or misleading information prohibited, penalty.
• Section 379.356 Excessive premiums and rebates prohibited.
• Section 379.359 Commissions paid to brokers or agents not affected.
• Section 379.361 Violations, penalties.

CASUALTY AND SURETY RATE REGULATION

• Section 379.420 Citation of law.
• Section 379.425 Law applicable to certain classes of insurance--exceptions.
• Section 379.430 Insurers may act in concert with respect to rates.
• Section 379.435 Rating organization defined.
• Section 379.440 Rating organization must be licensed--who may apply--content of application.
• Section 379.445 Requirements to obtain and retain license.
• Section 379.450 Director to grant or deny license.
• Section 379.455 Advisory organizations.
• Section 379.460 Joint underwriting groups.
• Section 379.465 Exchange of information--agreement to rates.
• Section 379.470 Provisions governing rates.
• Section 379.475 Director to examine--powers--cost--director may accept examination by other state.
• Section 379.480 Purpose of examination--hearing--orders.
• Section 379.485 Penalties for failure to comply--powers of director.
• Section 379.490 May use rating plans or systems.
• Section 379.495 Payment of dividends not regulated.
• Section 379.500 Freedom of contract for fees not restricted.
• Section 379.505 Hearings on orders--notice--rules of pleading and evidence--review--effective date of order.
• Section 379.510 Penalty for violation of orders.

REORGANIZATION OF INSURANCE COMPANIES

• Section 379.515 May reorganize and extend corporate existence.
• Section 379.520 Content of articles of association.
• Section 379.525 Additional requirements for articles of association.
• Section 379.530 Special meeting to be called--notice.
• Section 379.535 Propositions for reorganization and extension of corporate existence to be voted on.
• Section 379.540 Articles to be acknowledged and declaration of proceeding to be made.
• Section 379.545 Duty of director.
• Section 379.550 Board to accept certificate--file with secretary of state--fee--new board--notify director.
• Section 379.555 Examination of company and certificate to do business.
• Section 379.560 Value of equitable interests of nonassenting stockholders or policyholders to be paid to them.
• Section 379.565 Suit in circuit court to determine value.
• Section 379.570 Publication of notice--proceedings.
• Section 379.575 Who may appear--proceedings, how governed.
• Section 379.580 Costs--by whom paid.
• Section 379.585 Company having special charter may accept general insurance laws.
• Section 379.590 Content of articles of association.
• Section 379.595 Additional requirements of articles of association.
• Section 379.600 Special meeting to be called--notice.
• Section 379.605 Proposition to surrender to be voted on.
• Section 379.610 Acknowledgment and declaration to be made.
• Section 379.615 Duty of director.
• Section 379.620 Acceptance by resolution of directors.
• Section 379.625 Certificate to do business.

RECIPROCALS OR INTERINSURANCE EXCHANGES

• Section 379.650 Exchange of reciprocal or interinsurance contracts authorized--classes of insurance allowed.
• Section 379.660 Contracts to be executed through attorney in fact.
• Section 379.670 Application for license, contents--requirements.
• Section 379.680 Service of process on director--method.
• Section 379.690 Statement of condition and affairs may be required by director--restriction on liability of members.
• Section 379.700 Reserves required.
• Section 379.710 Surplus required--claim reserve fund--phase-in of requirements.
• Section 379.720 Deficiency how made up--net premium and deposit defined.
• Section 379.730 Annual statement of financial condition required.
• Section 379.740 Corporations generally empowered to become subscribers.
• Section 379.750 Certificate of authority from director required--license may be revoked or suspended--renewal.
• Section 379.770 Mergers or consolidation of reciprocal exchanges or interinsurers.
• Section 379.780 Exemption from other insurance laws except retaliatory law, and certain enumerated sections.
• Section 379.790 Penalty for acting without legal authority.
• Section 379.800 Sections 374.030 to 379.790 intended as a continuation of existing law.

PROPERTY INSURANCE CONTINUATION AFTER DEATH

• Section 379.808 Insurance policies on certain real property--beneficiary deemed insured, duration, others covered not affected, when.

BASIC PROPERTY INSURANCE INSPECTION AND PLACEMENT PROGRAM

• Section 379.810 Program established.
• Section 379.815 Definitions.
• Section 379.820 Inspections and reports.
• Section 379.825 Issuance of policy, when--appointment of liability assumed--expenses--limits on liability.
• Section 379.827 Sinkhole loss policies authorized.
• Section 379.830 Procedure after inspection and submission.
• Section 379.835 Joint reinsurance association.
• Section 379.840 Standard policy coverage and rating procedure.
• Section 379.845 Cancellation or nonrenewal.
• Section 379.850 Right of appeal.
• Section 379.855 Commissions.
• Section 379.860 Administration of program--governing committee, members, vacancies.
• Section 379.865 Annual and special meetings.
• Section 379.870 Duties of the committee.
• Section 379.875 Statistics to be kept, reports.
• Section 379.880 Public education.

COMMERCIAL CASUALTY INSURANCE

• Section 379.882 Definitions for sections 379.882 to 379.886.
• Section 379.883 Policy cancellation or nonrenewal requirement of sixty days prior to notification--notice content.
• Section 379.884 Policyholder's right to history of policy, when.
• Section 379.885 Proof of mailing notice of cancellation or nonrenewal.
• Section 379.886 Cancellation or nonrenewal of entire line or class of insurance requires ninety days' prior notice to director.
• Section 379.888 Definitions for sections 379.888 to 379.893--notice to insured, when--department to notify insurers.
• Section 379.889 Rates not to be excessive, inadequate, or unfairly discriminatory--unfair discrimination defined.
• Section 379.890 Rates, rate plan or rate system filing, when--required actuarial data.
• Section 379.893 Rules and regulations on modification of rate base, authority of director--procedure.
• Section 379.895 Annual report by commercial casualty insurance companies--form--content of report--exceptions.

PREPAID LEGAL SERVICE PLAN

• Section 379.901 Prepaid service plan defined--agent soliciting memberships, disclosures.

SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT

• Section 379.930 Small employer health insurance availability act--definitions.
• Section 379.932 Applicability of act, conditions--treatment as single carrier or separate carrier--ceding agreements prohibited, when.
• Section 379.934 Establishment of class of business, reasons--number of classes that may be established--promulgation of rules for period of transition--establishment of additional classes.
• Section 379.936 Premium rates, subject to conditions--no transfer out of class of business--disclosure required, contents--rating and renewal records required to be kept.
• Section 379.938 Renewability, exceptions--carrier not renewing prohibited from writing new business in market, when--application of section in certain geographic areas.
• Section 379.940 Carriers to offer all health plans in market--health benefit plans, requirements--exclusion of coverage for certain employees.
• Section 379.946 Board report, contents, recommendations.
• Section 379.948 Certain law not to apply to basic health benefit plan.
• Section 379.950 Director to promulgate rules, procedure.
• Section 379.952 Carriers to market plan coverage--agent or broker, prohibited activities, exception--variance in compensation prohibited, exceptions--carriers, prohibited activities--denial of application, requirements--penalty--applicability to third party administrators.

EARTHQUAKE INSURANCE

• Section 379.975 Insurer to provide information, when.
• Section 379.978 Written disaster plan, insurer to develop, contents.

REORGANIZATION OF DOMESTIC MUTUAL INSURANCE COMPANY

• Section 379.980 Reorganization of domestic mutual insurance company, authority.
• Section 379.982 Formation of holding company, application--shareholder approval--issuance of shares.
• Section 379.985 Member's interest--nontransference of membership--immunity from liability--assessments, not imposed--security, membership interest.
• Section 379.987 Nonapplicability of certain provisions of insurance holding companies law--incorporation of mutual holding company, authority, approval--powers of mutual holding company, engaging in business of insurance, no authority, affiliation and merger agreements.
• Section 379.988 Mutual holding company subject to supervision of director, dissolution or liquidation--demutualization.

CAPTIVE INSURANCE COMPANIES

• Section 379.1300 Definitions.
• Section 379.1302 Licensure--prohibited acts--requirements for conducting business--application requirements.
• Section 379.1304 Adoption of a name, deceptive practice.
• Section 379.1306 Capital and surplus requirements.
• Section 379.1308 Approval for payment of dividends required.
• Section 379.1310 Incorporation as a stock insurer permitted, when.
• Section 379.1312 Reports required.
• Section 379.1314 Inspections, when.
• Section 379.1316 Suspension or revocation of licensure, when.
• Section 379.1318 Investment requirements, compliance with.
• Section 379.1320 Reinsurance may be provided, when.
• Section 379.1322 Rating organizations, company not required to join.
• Section 379.1324 Prohibitions on joining or contributing to certain entities and funds.
• Section 379.1326 Premium tax imposed, amount, procedure.
• Section 379.1328 Rulemaking authority.
• Section 379.1330 Inapplicability of insurance laws to captive insurance companies.
• Section 379.1332 Promotion of captive insurance, moneys from dedicated insurance fund to be used.
• Section 379.1336 Insurance reorganization, receivership and injunctions provisions--applicability to captive insurance companies.
• Section 379.1338 Standards for risk management of controlled unaffiliated business.
• Section 379.1339 Conversion to reciprocal insurer, when, procedure.
• Section 379.1340 Branch captive may be established, when.
• Section 379.1342 Trust fund required for branch captive insurance company.
• Section 379.1344 Certificate for branch captive insurance companies.
• Section 379.1346 Reports and statements of branch captive insurance companies to be filed with director.
• Section 379.1348 Examination of branch captive insurance companies, limitations.
• Section 379.1350 Applicability of tax to branch companies.
• Section 379.1351 Sponsored captive insurance companies, may be formed by whom--definitions--requirements.

SPECIAL PURPOSE LIFE REINSURANCE CAPTIVE

• Section 379.1353 Definitions.
• Section 379.1356 Inapplicability of insurance laws.
• Section 379.1359 License application--requirements for transaction of business--licensure requirements--issuance of license, fee.
• Section 379.1361 Plan of operation to be filed, contents.
• Section 379.1364 License fee, amount.
• Section 379.1367 Approval of application, findings by director.
• Section 379.1370 Corporate status of company.
• Section 379.1373 Limitation on activities and name--number of incorporators required.
• Section 379.1376 Contract requirements.
• Section 379.1379 Swap agreements permitted.
• Section 379.1382 Issuance of securities--approved activities by director.
• Section 379.1385 Management of assets.
• Section 379.1388 Recognition of admitted assets--value of assets.
• Section 379.1391 Prohibited acts.
• Section 379.1394 Dividend-payments, limitations.
• Section 379.1397 Changes in plan of operation, directors approval required.
• Section 379.1400 Affiliated agreements to be filed with director.
• Section 379.1403 Audited financial report required, requirements.
• Section 379.1406 Examination required, when, procedure.
• Section 379.1409 Record-keeping requirements.
• Section 379.1412 Premium tax required, amount, procedure.
• Section 379.1415 Confidentiality of records, exceptions.
• Section 379.1418 Grounds for liquidation--granting of relief, management of assets.
• Section 379.1421 Rulemaking authority.

PORTABLE ELECTRONICS INSURANCE

• Section 379.1500 Definitions.
• Section 379.1505 Vendor license required--application, fee--termination date.
• Section 379.1510 Authorization to sell, vendor responsibilities--eligibility and underwriting standards--supervising business entity to be appointed, purpose--training requirements--collection of charges.
• Section 379.1515 Insurance producers act, applicability of.
• Section 379.1520 Sanctioning of license, when--penalties, when.
• Section 379.1525 Vendor investigation and examination requirements.
• Section 379.1530 Premiums, received by insurer, when--proof of purchase, insurer may require.
• Section 379.1535 Violations, director's authority.
• Section 379.1540 Supervising business entity, sanctioning of license, when.
• Section 379.1545 Insurers, permissible acts.
• Section 379.1550 Rulemaking authority--effective date.

SELF-SERVICE STORAGE INSURANCE

• Section 379.1640 Self-service storage--definitions--offer of insurance, requirements--prohibited acts--limitation on policy amount--rulemaking authority.

TRANSPORTATION NETWORK COMPANY INSURANCE

• Section 379.1700 Definitions.
• Section 379.1702 Primary automobile insurance to be maintained, requirements--lapsed coverage, effect of--proof of insurance required.
• Section 379.1704 Disclosure of insurance coverage, how made.
• Section 379.1706 Disclosure statement--display.
• Section 379.1708 Exclusions and limitations on coverage.