Effective - 28 Aug 2020, 4 histories
303.200. Missouri automobile insurance plan for persons unable to procure insurance by ordinary means — approval, participation by companies — function — plan of operation — liability limitations. — 1. After consultation with insurance companies having a certificate of authority to do business in this state and actively writing motor vehicle liability policies, the director of the department of commerce and insurance, hereinafter referred to as the director, shall approve a reasonable plan to provide motor vehicle insurance policies to and for applicants who are in good faith entitled to but are unable to procure such policies through ordinary methods. The plan shall be known as the "Missouri Automobile Insurance Plan", hereinafter referred to as the plan. When any such plan has been approved, all such insurance companies shall subscribe thereto and participate therein. Any applicant for a policy under the plan, any person insured under the plan, and any insurance company affected may appeal to the director from any ruling or decision of the plan. Any person aggrieved hereunder by any order or act of the director may, within ten days after notice thereof, file a petition in the circuit court of the county of Cole for a review thereof. The court shall summarily hear the petition and may make any appropriate order or decree.
2. The plan shall perform its functions under a plan of operation and through a governing committee as prescribed in the plan of operation. Any plan of operation, prior to being placed in and taking effect, shall be filed with and approved by the director. Any amendments to the plan of operation so adopted shall also be filed with and approved by the director prior to being placed in and taking effect.
3. The plan of operation shall prescribe the issuance of motor vehicle insurance policies by the plan, which may include the administration of such policies by:
(1) A third-party administrator that has a certificate of authority to do business in this state;
(2) A nationally recognized management organization and service provider that specializes in the administration of motor vehicle insurance residual market mechanisms, subject to the approval of the director; or
(3) An insurance company that has a certificate of authority to do business in this state.
4. Every* form of a policy, endorsement, rider, manual of classifications, rules, and/or rates; every* rating plan; and every** modification of any of them proposed to be used by the plan shall be ***approved by the director prior to use***.
5. Any policy of insurance issued by the plan shall conform to the provisions of this chapter and any insurance law of this state applicable to motor vehicle insurance policies, except for any law that specifically exempts the plan from the purview of the law.
6. The plan shall:
(1) File annual audited financial reports for the preceding year with the director no later than June thirtieth of each year;
(2) Be subject to examination by the director under sections 374.205 to 374.207; and
(3) Have the authority to make assessments on member insurance companies if the funds from policyholder premiums and other revenues are not sufficient for the sound operation of the plan. An assessment upon a member insurance company shall be in the same proportion to its share of the voluntary market premium for the type of policies written under the plan. The procedures for levying assessment shall be prescribed in the plan of operation.
7. There shall be no liability imposed on the part of, and no cause of action of any nature shall arise against, any member insurer or any member of the governing committee for any omission or action taken by them in the performance of their powers and duties under this section.
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(L. 1953 p. 569 § 303.350, A.L. 2012 H.B. 1402 merged with S.B. 470 merged with S.B. 480, A.L. 2013 H.B. 322, A.L. 2020 H.B. 1963 merged with S.B. 551)
*Word "No" appears in original rolls of H.B. 1963, 2020.
**Words "nor any" appear in original rolls of H.B. 1963, 2020.
***...***Words "used prior to approval by the director" appear in original rolls of H.B. 1963, 2020.
Structure Missouri Revised Statutes
Title XIX - Motor Vehicles, Watercraft and Aviation
Chapter 303 - Motor Vehicle Financial Responsibility Law
Section 303.010 - Title of law.
Section 303.020 - Definitions.
Section 303.022 - Applicability of certain state statutes to motor vehicle liability policies, when.
Section 303.039 - Effective date for sections 303.025 and 303.041.
Section 303.044 - Proof of financial responsibility required for reregistration.
Section 303.045 - Records, where kept — destroyed, when.
Section 303.050 - Security, form and amount — reduced, when.
Section 303.051 - Judgment-creditor entitled to notice of security held.
Section 303.060 - Security deposited with director of revenue — used to pay judgment — return.
Section 303.070 - Operator not subject to security and suspension provisions, when.
Section 303.080 - Where operator has no license or is nonresident, procedure.
Section 303.090 - Report of failure to satisfy judgment — procedure as to nonresident.
Section 303.110 - Suspension not lifted or license renewed, when — effect of bankruptcy.
Section 303.120 - Judgments deemed satisfied, when.
Section 303.130 - License continued on order allowing installment payment of judgment, when.
Section 303.140 - License suspension lifted, when.
Section 303.160 - Proof of financial responsibility, how given.
Section 303.170 - Proof of responsibility by insurance certificate.
Section 303.175 - Motor vehicle liability policy, minimum term, exceptions.
Section 303.179 - Alteration, production or sale of invalid insurance card, misdemeanor.
Section 303.180 - Proof of responsibility by nonresident by insurance certificate, accepted when.
Section 303.190 - Motor vehicle liability policy, contents.
Section 303.210 - Notice of cancellation of insurance to be given director.
Section 303.220 - Certificate of self-insurance — cancelled, when.
Section 303.230 - Surety bond as proof of responsibility.
Section 303.240 - Cash deposit as proof of responsibility.
Section 303.250 - Owner may give proof for employees or family members.
Section 303.260 - Substitution of one proof of responsibility for another.
Section 303.270 - Director may require different proof, when.
Section 303.280 - Release of proof and waiver of proof, when.
Section 303.290 - Director's duties — regulations — judicial review.
Section 303.300 - Driver's records available upon request.
Section 303.310 - Report and decision to be no evidence of negligence — may be evidence, when.
Section 303.315 - Copies of suspension orders, constitute evidence.
Section 303.320 - Vehicle not registered until bona fide transfer.
Section 303.330 - License and registration returned to director, when.
Section 303.340 - Law not to apply to certain automobile insurance policies.
Section 303.350 - Chapter not applicable to government or common carriers.
Section 303.360 - Not to operate retrospectively.
Section 303.370 - Offenses, penalties.