Effective - 28 Aug 1972, 2 histories
375.790. Enforcement — foreign decree, qualified party, reciprocal states, defined. — 1. The attorney general upon request of the director may proceed in the courts of this state or any reciprocal state to enforce an order or decision in any court proceeding or in any administrative proceeding before the director of the department of commerce and insurance.
2. As used in this section:
(1) "Foreign decree" means any decree or order in equity of a court located in a "reciprocal state", including a court of the United States located therein, against any insurance company incorporated or authorized to do business in this state;
(2) "Qualified party" means a state regulatory agency acting in its capacity to enforce the insurance laws of its state;
(3) "Reciprocal state" means any state or territory of the United States the laws of which contain procedures substantially similar to those specified in this section for the enforcement of decrees or orders in equity issued by courts located in other states or territories of the United States against any insurance company incorporated or authorized to do business in said state or territory.
3. The director of the department of commerce and insurance shall determine which states and territories qualify as reciprocal states and shall maintain at all times an up-to-date list of such states.
4. A copy of any foreign decree authenticated in accordance with the statutes of this state may be filed in the office of the clerk of any circuit court of this state. The clerk, upon verifying with the director of the department of commerce and insurance that the decree or order qualifies as a "foreign decree", shall treat the foreign decree in the same manner as a decree of a circuit court of this state. A foreign decree so filed has the same effect and shall be deemed as a decree of a circuit court of this state, and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a decree of a circuit court of this state and may be enforced or satisfied in like manner; provided, however, the maximum money judgment which may be enforced under this section shall be five thousand dollars.
5. (1) At the time of the filing of the foreign decree, the attorney general shall make and file with the clerk of the court an affidavit setting forth the name and last known post-office address of the defendant.
(2) Promptly upon the filing of the foreign decree and the affidavit, the clerk shall mail notice of the filing of the foreign decree to the defendant at the address given and to the director of the department of commerce and insurance of this state and shall make a note of the mailing in the docket. In addition, the attorney general may mail a notice of the filing of the foreign decree to the defendant and to the director of the department of commerce and insurance of this state and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the attorney general has been filed.
(3) No execution or other process for enforcement of a foreign decree filed hereunder shall issue until thirty days after the date the decree is filed.
6. (1) If the defendant shows the circuit court that an appeal from the foreign decree is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign decree until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the defendant has furnished the security for the satisfaction of the decree required by the state in which it was rendered.
(2) If the defendant shows the circuit court any ground upon which enforcement of a decree of any circuit court of this state would be stayed, the court shall stay enforcement of the foreign decree for an appropriate period, upon requiring the same security for satisfaction of the decree which is required in this state.
7. Any person filing a foreign decree shall pay to the clerk of court fifty dollars. Fees for docketing, transcription or other enforcement proceedings shall be as provided for decrees of the circuit court.
8. Any unauthorized insurance company who transacts any unauthorized act of an insurance business as set forth in section 375.786 may be fined not more than five thousand dollars.
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(L. 1972 H.B. 1264 § 375.788)
Structure Missouri Revised Statutes
Title XXIV - Business and Financial Institutions
Chapter 375 - Provisions Applicable to All Insurance Companies
Section 375.001 - Definitions.
Section 375.002 - Grounds for cancellation.
Section 375.003 - Notice of cancellation, how given — reinstatement, when.
Section 375.004 - Refusal to renew, when authorized — exemption, when.
Section 375.005 - Proof of notice, how made.
Section 375.006 - Immunity from liability granted, when, to whom.
Section 375.007 - Cancellation or refusal to issue policy on certain grounds prohibited, exceptions.
Section 375.008 - Certain insurers exempt.
Section 375.012 - Definitions.
Section 375.013 - Promulgation of rules, generally, this chapter.
Section 375.015 - Application for licensure, insurance producers.
Section 375.016 - Examination required for insurance producer's license.
Section 375.017 - Nonresident producer's license.
Section 375.025 - Temporary license — to whom issued.
Section 375.030 - Continuing education, programs approved for another profession.
Section 375.031 - Definitions.
Section 375.033 - Termination of contract, notice — agent not to do business.
Section 375.035 - Renewal after termination of producer's contract.
Section 375.037 - Director's investigation — appeal.
Section 375.046 - Who deemed agent of unauthorized company.
Section 375.051 - Producer held as trustee of money collected.
Section 375.052 - Additional incidental fees — disclosure to applicant or insured.
Section 375.071 - Centralized producer license registry, participation in.
Section 375.076 - No consideration for unlicensed persons.
Section 375.106 - Insurance producers, limitations on negotiated contracts.
Section 375.141 - Suspension, revocation, refusal of license — grounds — procedure.
Section 375.143 - Rulemaking authority.
Section 375.145 - Violations, penalties.
Section 375.146 - Violation, penalty.
Section 375.151 - Acts of managing general agent acts of insurer.
Section 375.152 - Violations, penalties.
Section 375.153 - Managing general agent, director's authority to promulgate rules.
Section 375.161 - Certificate to do business — when terminated.
Section 375.166 - Expense of organization limited.
Section 375.169 - Violation of section 375.166 a misdemeanor, penalty.
Section 375.176 - Proceedings against promoters.
Section 375.181 - Officers required of companies.
Section 375.186 - Seal and bylaws.
Section 375.191 - Voting by proxy.
Section 375.196 - Adoption of same or misleadingly similar name prohibited.
Section 375.198 - Issuance of shares, regulations concerning.
Section 375.201 - Charter, amendment of, procedure for.
Section 375.221 - Certificate of amendment of articles, how executed, contents.
Section 375.231 - Reduction of capital stock where same has not been fully subscribed.
Section 375.236 - Certificate of authority revoked, when.
Section 375.246 - Reinsurance, when allowed as an asset or reduction from liability.
Section 375.251 - Actions by and against companies.
Section 375.256 - Service of process on companies not authorized to do business in this state.
Section 375.261 - Service of process — procedure.
Section 375.266 - Service of process valid, when.
Section 375.271 - Plaintiff entitled to default judgment, when.
Section 375.281 - Company to furnish bond or certificate of authority before pleading.
Section 375.286 - Postponement of action permitted, when.
Section 375.291 - Company may file motion to quash service — grounds.
Section 375.296 - Additional damages for vexatious refusal to pay.
Section 375.298 - Loan against policy by policyholder, insurer to give notice of interest due.
Section 375.301 - Exemptions from provisions of sections 375.256 to 375.301.
Section 375.320 - Not to trade — exception.
Section 375.325 - Mechanical data processing equipment as assets.
Section 375.326 - Automobiles as assets.
Section 375.330 - Purchase and ownership of real estate.
Section 375.340 - Sale and exchange of real estate.
Section 375.345 - Derivative transactions permitted, conditions — definitions — rules.
Section 375.360 - Note not considered payment — not to loan when insolvent.
Section 375.370 - Collateral to be assigned to company.
Section 375.380 - Dividends shall not be paid, when — penalty — liability of stockholder.
Section 375.390 - Officers not to use funds for private gain — penalty.
Section 375.400 - Investigation by director — duty of prosecuting attorney.
Section 375.410 - Penalty for violation.
Section 375.420 - Vexatious refusal to pay claim, damages for, exception.
Section 375.422 - Directors and officers of stock companies to report ownership.
Section 375.425 - Provisions of 375.423 and 375.424 not to apply, when — equity security defined.
Section 375.426 - Director to make rules and regulations.
Section 375.430 - Certificate revoked if judgment not satisfied.
Section 375.440 - Revocation of license for failure to comply with judicial decree.
Section 375.445 - Company operating fraudulently or in bad faith, penalties.
Section 375.460 - Director to keep deposits — rights of companies.
Section 375.470 - Penalty for violations by director.
Section 375.480 - Withdrawal of securities — notice — examination by director.
Section 375.490 - Payment of judgments out of deposits.
Section 375.500 - Distribution of assets.
Section 375.510 - Reinsurance — rights and liabilities — insolvency.
Section 375.520 - Costs to be paid from deposits — amount.
Section 375.530 - Accounting among beneficiaries of foreign deposits.
Section 375.532 - Investment in debt of institution permitted, when.
Section 375.570 - Manner of commencing proceedings — petition, contents.
Section 375.580 - Issuance, service and return of process.
Section 375.610 - Hearing by the court, procedures — no continuances or discovery, exceptions.
Section 375.620 - Referee or master to hear and report — exceptions, filed by either party.
Section 375.640 - Insurance director to take charge.
Section 375.660 - Disposition of assets.
Section 375.670 - Allowance of demands — receiver to review claims against receivership.
Section 375.710 - Conflict of interests — power of court — trustees.
Section 375.720 - Penalty for failure or refusal to deliver assets to director.
Section 375.740 - Payment of expenses of proceedings.
Section 375.750 - Reports to court — payment of claims.
Section 375.771 - Citation of law.
Section 375.772 - Association, created — definitions.
Section 375.773 - Accounts, types of insurance — applicability of law.
Section 375.775 - Association, powers and duties.
Section 375.776 - Board of directors, selection, terms — powers and duties.
Section 375.777 - Director, powers and duties.
Section 375.780 - Penalties for violation of this chapter.
Section 375.787 - Complaint filed by director, when — injunction authorized.
Section 375.788 - Transaction of insurance business by unauthorized insurer, effect of.
Section 375.790 - Enforcement — foreign decree, qualified party, reciprocal states, defined.
Section 375.791 - Foreign insurance company admitted, when.
Section 375.811 - Application for certificate of authority, contents (foreign company).
Section 375.821 - Conditions to be met for certificate of authority (foreign company).
Section 375.831 - Certificate issued when all conditions met (foreign company).
Section 375.861 - Foreign company survivor of merger, documents to be filed with director.
Section 375.871 - Admitted foreign company may withdraw, how.
Section 375.881 - Revocation or suspension of certificate of authority, when (foreign company).
Section 375.901 - Foreign companies shall transact business through licensed agents and brokers.
Section 375.906 - Foreign companies to appoint director to receive service — methods — penalty.
Section 375.911 - Service on deputy director valid, when.
Section 375.920 - Policy form approval, disapproval — procedure.
Section 375.921 - Hearing on disapproval — action pending, effect on form.
Section 375.922 - Rules and regulations not authorized.
Section 375.923 - Exempt forms.
Section 375.930 - Citation of law — purpose — construction.
Section 375.932 - Definitions.
Section 375.934 - Unfair trade practices — conditions.
Section 375.936 - Unfair practices defined.
Section 375.937 - Lenders, duties — prohibited acts.
Section 375.938 - Director may investigate companies.
Section 375.940 - Procedure on charges or belief of unfair practices.
Section 375.942 - Administrative order for prohibited practices — penalty.
Section 375.944 - Judicial review — decree, order — additional evidence — finality of order, when.
Section 375.945 - Director's determination, judicial review.
Section 375.946 - Violation of desist order, penalty.
Section 375.948 - Additional powers of director — promulgation of rules.
Section 375.950 - Definitions.
Section 375.958 - Ancillary receiver, appointed when, entitled to what property, duties.
Section 375.970 - Preferred claims, how determined.
Section 375.974 - Owners of special deposit claims, priority.
Section 375.982 - Limitation on bringing proceedings, certain liens void.
Section 375.986 - Receiver in reciprocal state may sue.
Section 375.990 - Severability clause — interpretation of sections 375.950 to 375.990.
Section 375.992 - Fraudulent claims for benefits — form — notice to department, when — procedure.
Section 375.995 - Sex or marital status discrimination as to benefits or coverage prohibited.
Section 375.1000 - Citation — purpose — construction.
Section 375.1002 - Definitions.
Section 375.1005 - Improper claims practice, conditions.
Section 375.1007 - Improper claims practices.
Section 375.1009 - Director may investigate.
Section 375.1010 - Director may initiate proceedings.
Section 375.1014 - Judicial review.
Section 375.1016 - Violation of cease and desist order.
Section 375.1018 - Director's powers additional to others — rules and regulations.
Section 375.1025 - Definitions.
Section 375.1028 - Applicability — exemptions.
Section 375.1032 - Audited financial report, contents — form.
Section 375.1040 - Accountant's letter, contents.
Section 375.1042 - Audit of financial statement by independent accountant.
Section 375.1045 - Report of findings of accountant to insurer, contents.
Section 375.1050 - Workpapers, defined — availability to insurance examiners — confidentiality of.
Section 375.1054 - Prohibited acts — violation, penalty.
Section 375.1056 - Report required by insurer, when, contents.
Section 375.1057 - Canadian and British insurers, special requirements.
Section 375.1058 - Internal audit function — exemption, when — requirements.
Section 375.1062 - Severability.
Section 375.1070 - Inapplicability to certain insurers.
Section 375.1072 - Definitions.
Section 375.1074 - Limitation on investments, domestic insurers.
Section 375.1075 - Limitations on aggregate of medium or lower quality investments, requirements.
Section 375.1078 - Limitation on Canadian investments.
Section 375.1080 - Definitions.
Section 375.1090 - Purchasing group subject to insurance laws, exceptions.
Section 375.1095 - Insurance purchased by purchasing group, requirements.
Section 375.1097 - Premium taxes, payment of.
Section 375.1100 - Powers of director.
Section 375.1110 - Citation of law.
Section 375.1112 - Definitions.
Section 375.1120 - Records to be maintained by broker, duration — contents.
Section 375.1122 - Insurer's use of broker, restrictions — financial condition statement required.
Section 375.1127 - Reinsurance manager, prohibited acts.
Section 375.1130 - Insurer's use of manager, restrictions — financial condition statement required.
Section 375.1132 - Examination of reinsurance manager, director may conduct.
Section 375.1135 - Penalties, director may assess, procedures.
Section 375.1137 - Application fee, reinsurance intermediary license — renewal.
Section 375.1140 - Effective date.
Section 375.1150 - Citation of law — applicability.
Section 375.1152 - Definitions.
Section 375.1156 - Cooperation with receiver and director required — penalty.
Section 375.1161 - Violations, penalties.
Section 375.1162 - Director may order activities to prevent delinquency proceeding.
Section 375.1164 - Seizure order, director may petition for, when — effects.
Section 375.1165 - Rehabilitation of insurer, director may petition, when — grounds.
Section 375.1170 - Stay of other pending actions, duration — statute of limitations not to run.
Section 375.1172 - Records deemed public, when — exceptions.
Section 375.1175 - Grounds for liquidation — voluntary dissolution and liquidation, conditions.
Section 375.1178 - Life and health policies, termination of, when.
Section 375.1180 - Dissolution order, director may petition for — effect.
Section 375.1185 - Notices provided by liquidator, procedures.
Section 375.1186 - Agent of insurer, duty to provide information to liquidator — penalty.
Section 375.1188 - Stay of other actions — liquidator may bring certain actions, when.
Section 375.1190 - List of insurer's assets to be prepared — filing — not needed, when.
Section 375.1192 - Fraudulent and voidable transfers — requirements — effects.
Section 375.1194 - Transfer of real property not voidable, when.
Section 375.1196 - Claims of creditor, surrender of preference required.
Section 375.1198 - Mutual credits or debts, setoffs allowed — exceptions.
Section 375.1204 - Payment of unearned premiums required — violation, penalties.
Section 375.1206 - Proof of claim, filed when — effect of late filing.
Section 375.1210 - Contingent claims, allowed when, exceptions.
Section 375.1212 - Third party claims for actions against insureds, filed how — procedures.
Section 375.1214 - Denial of claim — appeal procedure.
Section 375.1215 - Subrogated claim, allowed when.
Section 375.1216 - Valuation of security, procedure.
Section 375.1218 - Classes of claims — priority of distribution.
Section 375.1222 - Payment of claims — duties of liquidator.
Section 375.1224 - Unclaimed funds, deemed unclaimed property — effect.
Section 375.1225 - Discharge of liquidator, when.
Section 375.1226 - Reopening of proceedings, when.
Section 375.1228 - Records may be destroyed after discharge, exceptions.
Section 375.1230 - Audit of receivership may be ordered, when.
Section 375.1234 - Foreign insurers, petition to liquidate assets, grounds — granted when — effects.
Section 375.1236 - Ancillary receiver, director may be appointed as — powers and duties.
Section 375.1238 - Power of director to institute proceedings, when.
Section 375.1240 - Nonresident claims, filed where.
Section 375.1242 - Proof of claims, nonresident insurer — procedures.
Section 375.1244 - Stay of actions during liquidation proceedings.
Section 375.1245 - Priority of nonresident claims, reciprocal states — special deposits, priority.
Section 375.1246 - Nonresident ancillary receiver, claims filed with — priority.
Section 375.1250 - Definitions.
Section 375.1260 - Authorized control level event, occurrence of, when — effect, duties of director.
Section 375.1262 - Mandatory control level event, occurrence of, when — effect, duties of director.
Section 375.1272 - Notices, effective when.
Section 375.1280 - Scope of law.
Section 375.1282 - Application of law — not applicable, when.
Section 375.1285 - Definitions.
Section 375.1292 - Consent to transfer, effect.
Section 375.1294 - Hazardous financial condition of transferring insurer, automatic transfer, when.
Section 375.1295 - Effective date — application dates.
Section 375.1300 - Definitions.
Section 375.1303 - Genetic testing by insurer, limitations — penalty — health plan, defined.
Section 375.1306 - Genetic information, prohibited uses by employers — penalty for violation.
Section 375.1309 - Confidentiality of genetic information, exceptions — penalty for violation.
Section 375.1500 - Sections 375.1500 to 375.1527 apply to life insurance policies, exceptions.
Section 375.1503 - Definitions.
Section 375.1512 - Basic illustration, requirements, contents.
Section 375.1515 - Supplemental illustrations permitted, when — notice required.
Section 375.1521 - Annual report to policy owner, contents.
Section 375.1524 - Illustration actuaries, qualifications, duties — annual certification.
Section 375.1527 - Violation of sections 375.1500 to 375.1527, penalties.
Section 375.1530 - Application of sections 375.1500 to 375.1527.
Section 375.1575 - Denial of claim, disclosure by applicant not required.
Section 375.1730 - Costs of coverage reported to department — rates.
Section 375.1800 - Residency of insurance companies, domestic and foreign.
Section 375.1803 - Court actions against insurance company, venue where — inapplicability, when.
Section 375.1806 - Uninsured and underinsured motorist coverage, venue, where.