Effective - 01 Jan 2022
379.1800. Description of authorized group personal lines property and casualty insurance — requirements. — 1. Except as provided in subsection 2 of this section, no policy of group personal lines property and casualty insurance shall be issued or delivered in this state unless it conforms to one of the following descriptions:
(1) A policy issued to an employer, or to the trustees of a fund established by an employer, which employer or trustees shall be deemed the policyholder, to insure employees of the employer for the benefit of persons other than the employer, subject to the following requirements:
(a) The employees eligible for insurance under the policy shall be all of the employees of the employer, or all of any class or classes thereof. The policy may provide that the term "employees" shall include the employees of one or more subsidiary corporations, and the employees, individual proprietors, and partners of one or more affiliated corporations, proprietorships, or partnerships if the business of the employer and of the affiliated corporations, proprietorships or partnerships is under common control. The policy may provide that the term "employees" shall include the individual proprietor or partners if the employer is an individual proprietorship, or partnership. The policy may provide that the term "employees" shall include directors of a corporate employer and retired employees. A policy issued to insure the employees of a public body may provide that the term "employees" shall include elected or appointed officials; and
(b) The premium for the policy shall be paid either from the employer's funds or from funds contributed by the insured employees, or from both. A policy on which no part of the premium is to be derived from funds contributed by the insured employees shall insure all eligible employees, except those who reject such coverage in writing;
(2) A policy issued to a labor union or similar employee organization, which shall be deemed to be the policyholder, to insure members of the union or organization for the benefit of persons other than the union or organization or any of its officials, representatives or agents, subject to the following requirements:
(a) The members eligible for insurance under the policy shall be all of the members of the union or organization, or all of any class or classes thereof; and
(b) The premium for the policy shall be paid from funds of the union or organization, from funds contributed by the insured members specifically for their insurance, or from both. A policy on which no part of the premium is to be derived from funds contributed by the insured members specifically for their insurance shall insure all eligible members, except those who reject such coverage in writing;
(3) A policy issued to a trust, or to the trustees of a fund, established or adopted by two or more employers, or by one or more labor unions or similar employee organizations, or by one or more employers and one or more labor unions or similar employee organizations, which trust or trustees shall be deemed the policyholder, to insure employees of the employers or members of the unions or organizations for the benefit of persons other than the employers or the unions or organizations, subject to the following requirements:
(a) The persons eligible for insurance shall be all of the employees of the employers or all of the members of the unions or organizations, or all of any class or classes thereof. The policy may provide that the term "employees" shall include the employees of one or more subsidiary corporations, and the employees, individual proprietors, and partners of one or more affiliated corporations, proprietorships, or partnerships if the business of the employer and of such affiliated corporations, proprietorships, or partnerships is under common control. The policy may provide that the term "employees" shall include the individual proprietor or partners if the employer is an individual proprietorship or partnership. The policy may provide that the term "employees" shall include directors of a corporate employer and retired employees. The policy may provide that the term "employees" shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship; and
(b) The premium for the policy shall be paid from funds contributed by the employer or employers of the insured persons, by the union or unions or similar employee organizations, or by both; or from funds contributed by the insured persons; or from both the insured persons and the employers; or unions or similar employee organizations. A policy on which no part of the premium is to be derived from funds contributed by the insured persons specifically for their insurance shall insure all eligible persons, except those who reject such coverage in writing; and
(4) A policy issued to an association or to a trust or to the trustees of a fund established, created, or maintained for the benefit of members of one or more associations. The association or associations shall have at the outset a minimum of one hundred persons and have been organized and maintained in good faith for purposes other than that of obtaining insurance, shall have been in active existence for at least one year, and shall have a constitution and bylaws that and which provide that:
(a) The association or associations hold regular meetings not less than annually to further purposes of the members;
(b) The association or associations collect dues or solicit contributions from members; and
(c) The members have voting privileges and representation on the governing board and committees.
Policies under this subdivision shall be subject to the following requirements:
a. The policy may insure members of the association or associations, employees thereof or employees of members, or one or more of the preceding or all of any class or classes thereof for the benefit of persons other than the employees' employer;
b. The premium for the policy shall be paid from funds contributed by the association or associations, or by employer members, or by both; or from funds contributed by the insured persons or from both the insured persons and the association; associations; or employer members. A policy on which no part of the premium is to be derived from funds contributed by the insured persons specifically for their insurance shall insure all eligible persons, except those who reject such coverage in writing; and
c. If compensation of any kind will or may be paid to the policyholder in connection with the group policy, the insurer shall cause to be distributed to prospective insureds a written notice that compensation will or may be paid. Such notice shall be distributed:
(i) Whether compensation is direct or indirect; and
(ii) Whether such compensation is paid to or retained by the policyholder, or paid to or retained by a third party at the direction of the policyholder or any entity affiliated with the policyholder by ownership, contract, or employment.
The notice required by this subparagraph shall be placed on or accompany any document designed for the enrollment of prospective insureds;
Under this subsection, the definition of an eligible employee or member may include the spouse of the eligible employee or member.
2. Group personal lines property and casualty insurance offered to a resident of this state under a group personal lines property and casualty insurance policy issued or delivered to a group other than one described in subsection 1 of this section shall be subject to the following requirements:
(1) No such group personal lines property and casualty insurance policy shall be issued or delivered in this state unless the director finds that:
(a) The issuance of the group policy is not contrary to the best interest of the public;
(b) The issuance of the group policy would result in economies of acquisition or administration; and
(c) The benefits are reasonable in relation to the premiums charged;
(2) No group personal lines property and casualty insurance coverage shall be offered in this state by an insurer under a policy issued or delivered in another state unless this state or another state having requirements substantially similar to those contained in subdivision (1) of this subsection has made a determination that the requirements have been met;
(3) The premium for a group personal lines property and casualty policy shall be paid from the policyholder's funds, from funds contributed by the covered persons, or from both; and
(4) If compensation of any kind will or may be paid to the policyholder in connection with the group policy, the insurer shall cause to be distributed to prospective insureds, a written notice that compensation will or may be paid. Notice shall be distributed:
(a) Whether compensation is direct or indirect; and
(b) Whether such compensation is paid to or retained by the policyholder, or paid to or retained by a third party at the direction of the policyholder or any entity affiliated with the policyholder by ownership, contract, or employment.
The notice required by this subsection shall be placed on or accompany any document designed for the enrollment of prospective insureds.
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(L. 2021 H.B. 604 merged with S.B. 6)
Effective 1-01-22
Structure Missouri Revised Statutes
Title XXIV - Business and Financial Institutions
Chapter 379 - Insurance Other Than Life
Section 379.005 - Definitions.
Section 379.125 - Reinsurance.
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 379.204 - Underinsured motor vehicle coverage, construction of policy.
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 379.050 - 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 379.082 - Property and liability companies, assets — requirements, standards.
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 379.110 - 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 379.120 - Explanation of refusal to write a policy, how given, contents — exemption, when.
Section 379.121 - Definitions.
Section 379.123 - Violation deemed unfair trade practice.
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 379.230 - 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 379.255 - Assets, how invested.
Section 379.257 - Deposit of securities required of mutual companies other than life and fire.
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 379.300 - Failure to make return — director to proceed.
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 379.326 - Deviation, how filed, effective when — open to public inspection.
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 379.356 - Excessive premiums and rebates prohibited.
Section 379.359 - Commissions paid to brokers or agents not affected.
Section 379.361 - Violations, penalties.
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 379.480 - 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 379.510 - Penalty for violation of orders.
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 379.540 - Articles to be acknowledged and declaration of proceeding to be made.
Section 379.545 - Duty of director.
Section 379.555 - Examination of company and certificate to do business.
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.
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 379.700 - 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 379.770 - Mergers or consolidation of reciprocal exchanges or interinsurers.
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.
Section 379.810 - Program established.
Section 379.815 - Definitions.
Section 379.820 - Inspections and reports.
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 379.865 - Annual and special meetings.
Section 379.870 - Duties of the committee.
Section 379.875 - Statistics to be kept, reports.
Section 379.880 - Public education.
Section 379.882 - Definitions for sections 379.882 to 379.886.
Section 379.884 - Policyholder's right to history of policy, when.
Section 379.885 - Proof of mailing notice of cancellation or nonrenewal.
Section 379.890 - Rates, rate plan or rate system filing, when — required actuarial data.
Section 379.901 - Prepaid service plan defined — agent soliciting memberships, disclosures.
Section 379.930 - Small employer health insurance availability act — definitions.
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 379.975 - Insurer to provide information, when.
Section 379.978 - Written disaster plan, insurer to develop, contents.
Section 379.980 - Reorganization of domestic mutual insurance company, authority.
Section 379.1300 - Definitions.
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 379.1338 - 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 379.1348 - Examination of branch captive insurance companies, limitations.
Section 379.1350 - Applicability of tax to branch companies.
Section 379.1353 - Definitions.
Section 379.1356 - Inapplicability of insurance laws.
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.
Section 379.1500 - Definitions.
Section 379.1505 - Vendor license required — application, fee — termination date.
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.
Section 379.1700 - Definitions.
Section 379.1704 - Disclosure of insurance coverage, how made.
Section 379.1706 - Disclosure statement — display.
Section 379.1708 - Exclusions and limitations on coverage.
Section 379.1803 - Master policy issuance, certificates — content of master policy.