Effective - 28 Aug 2018, 2 histories
379.321. Rating plans to be filed with director, when — informational filings. — 1. Every insurer shall file with the director, except as to commercial property or commercial casualty insurance as provided in subsection 6 of this section, every manual of classifications, rules, underwriting rules and rates, every rating plan and every modification of the foregoing which it uses and the policies and forms to which such rates are applied. Any insurer may satisfy its obligation to make any such filings by becoming a member of, or a subscriber to, a licensed rating organization which makes such filings and by authorizing the director to accept such filings on its behalf, provided that nothing contained in section 379.017 and sections 379.316 to 379.361 shall be construed as requiring any insurer to become a member of or a subscriber to any rating organization or as requiring any member or subscriber to authorize the director to accept such filings on its behalf. Filing with the director by such insurer or licensed rating organization within ten days after such manuals, rating plans or modifications thereof or policies or forms are effective shall be sufficient compliance with this section.
2. Except as to commercial property or commercial casualty insurance as provided in subsection 6 of this section, no insurer shall make or issue a policy or contract except pursuant to filings which are in effect for that insurer or pursuant to section 379.017 and sections 379.316 to 379.361. Any rates, rating plans, rules, classifications or systems, in effect on August 13, 1972, shall be continued in effect until withdrawn by the insurer or rating organization which filed them.
3. Upon the written application of the insured, stating his or her reasons therefor, filed with the insurer, a rate in excess of that provided by a filing otherwise applicable may be used on any specific risk.
4. Every insurer which is a member of or a subscriber to a rating organization shall be deemed to have authorized the director to accept on its behalf all filings made by the rating organization which are within the scope of its membership or subscribership, provided:
(1) That any subscriber may withdraw or terminate such authorization, either generally or for individual filings, by written notice to the director and to the rating organization and may then make its own independent filings for any kinds of insurance, or subdivisions, or classes of risks, or parts or combinations of any of the foregoing, with respect to which it has withdrawn or terminated such authorization, or may request the rating organization, within its discretion, to make any such filing on an agency basis solely on behalf of the requesting subscriber; and
(2) That any member may proceed in the same manner as a subscriber unless the rating organization shall have adopted a rule, with the approval of the director:
(a) Requiring a member, before making an independent filing, first to request the rating organization to make such filing on its behalf and requiring the rating organization, within thirty days after receipt of such request, either:
a. To make such filing as a rating organization filing;
b. To make such filing on an agency basis solely on behalf of the requesting member; or
c. To decline the request of such member; and
(b) Excluding from membership any insurer which elects to make any filing wholly independently of the rating organization.
5. Any change in a filing made pursuant to this section during the first six months of the date such filing becomes effective shall be approved or disapproved by the director within ten days following the director's receipt of notice of such proposed change.
6. Commercial property and commercial casualty requirements differ as follows:
(1) Commercial property and commercial casualty insurance rates, rate plans, modifications, and manuals of classifications, except as specified in subdivision (2) of this subsection, shall be filed with the director for informational purposes only within ten days of use. Such rates are not to be reviewed or approved by the department of commerce and insurance as a condition of their use. Nothing in this subsection shall require the filing of individual rates where the original manuals, rates and rules for the insurance plan or program to which such individual policies conform have already been filed with the director;
(2) Subject to the provisions of subdivision (4) of this subsection, commercial property and casualty underwriting rules or guidelines, rates, rate plans, modifications, and manuals of classification are exempt from filing requirements otherwise applicable under this chapter, whether the insurance coverage is endorsed to or otherwise made part of another type of insurance or sold as a stand-alone policy;
(3) Subject to the provisions of subdivision (4) of this subsection, commercial property and casualty insurance policy forms are exempt from filing requirements otherwise applicable under this chapter when the aggregate total annual commercial insurance premiums for all property and casualty insurance purchased by a commercial policyholder, excluding premiums for the types of insurance specified in subdivision (4) of this subsection, are equal to or exceed one hundred thousand dollars and the commercial policyholder employs a full-time risk manager or has retained a licensed insurance producer to negotiate on its behalf;
(4) The filing exemptions in subdivisions (2) and (3) of this subsection shall not apply to:
(a) Workers' compensation;
(b) Medical malpractice liability;
(c) Farm property and liability;
(d) Any coverage issued by an assigned risk or residual market plan pursuant to section 303.200; and
(e) Any specific policy or bond required by the division of workers' compensation of a self-insured employer or group trust, their trustees, or entities providing services to self-insured employers or group trusts;
(5) All policies exempt from filing pursuant to subdivision* (2) or (3) of this subsection shall include, at the time of policy issuance, a notice advising the policyholder that the policy may include rates or forms exempt from filing with the department. Such notice shall state that this policy may include rates and forms which may not be filed with the Missouri department of commerce and insurance;
(6) If an insurer will only renew a commercial casualty or commercial property insurance policy with an increase in premium of twenty-five percent or more, a premium alteration requiring notification notice must be mailed or delivered by the insurer at least sixty days prior to the expiration date of the policy, except in the case of an umbrella or excess policy the coverage of which is contingent on the coverage of an underlying policy of commercial property or casualty insurance, in which case notice of an increase in premium of twenty-five percent or more shall be mailed or delivered at least thirty days prior to the expiration date of the policy. Such notice shall be mailed or delivered to the agent of record and to the named insured at the address shown in the policy. If the insurer fails to meet this notice requirement, the insured shall have the option of continuing the policy for the remainder of the notice period plus an additional thirty days at the premium rate of the existing policy or contract. This provision does not apply if the insurer has offered to renew a policy without such an increase in premium or if the insured fails to pay a premium due or any advance premium required by the insurer for renewal. For purposes of this section, "premium alteration requiring notification" means an annual increase in premium of twenty-five percent or more, exclusive of premium increases due to a change in the operations of the insured which increases either the hazard insured against or the individual loss characteristics, or due to a change in the magnitude of the exposure basis, including, without limitation, increases in payroll or sales. For commercial multiperil policies, no premium alteration requiring notification shall be required unless the increase in premium for all of a policyholder's policies taken together amounts to a twenty-five percent or more annual increase in premium;
(7) Commercial property and commercial casualty policy forms, except as specified in subdivision (3) of this subsection, shall be filed with the director within ten days of use as provided pursuant to subsection 1 of this section. However, if after review, it is determined that corrective action must be taken to modify the filed forms, the director shall impose such corrective action on a prospective basis for new policies. All policies previously issued which are of a type that is subject to such corrective action shall be deemed to have been modified to conform to such corrective action retroactive to their inception date;
(8) An insurer renewing a policy issued with policy forms not filed with the director pursuant to subdivision (3) of this subsection shall provide written notice to the first named insured and producer of record, if any, at least ten days prior to the current policy's expiration date if, after renewal, there will be a material restriction or reduction in coverage not specifically requested by the insured, required by law or based on the altered nature or extent of the risk insured. The notice may be in a printed or electronic form and shall explain what coverage will be reduced or eliminated or what condition will be restricted. It shall be a rebuttable presumption that all insureds received the notice if it was sent by email or first class mail to the first named insured's last known email address or mailing address contained in the policy. If the insurer has not so notified the policyholder, the policyholder may elect to cancel the renewal policy within thirty days of delivery of the renewal policy and the earned premium for the time the renewal policy was in force shall be calculated pro rata at the lower of the current or previous year's rate. If the insured accepts the renewal, any premium change or alteration of coverage, terms or conditions shall be effective immediately upon the expiration of the prior policy. Nothing in this subdivision shall restrict the right of the parties to an insurance contract to amend an insurance policy if requested by the insured without the requirement for any notice;
(9) For purposes of this section, "commercial casualty" means "commercial casualty insurance" as defined in section 379.882. For purposes of this section, "commercial property" means property insurance, which is for business and professional interests, whether for profit, nonprofit or public in nature which is not for personal, family or household purposes, and shall include commercial inland marine insurance, but does not include title insurance;
(10) Nothing in this subsection shall limit the director's authority over excessive, inadequate or unfairly discriminatory rates or affect the application of any laws governing unfair trade practices, unfair claims practices, or the content of policy forms;
(11) The commercial casualty and commercial property insurance filing requirement exemptions included in this section shall apply to all property and casualty insurance policies issued or renewed on or after January 1, 2019.
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(L. 1972 S.B. 547 § 4, A.L. 1999 S.B. 386, A.L. 2001 S.B. 186, A.L. 2002 H.B. 1468, A.L. 2018 S.B. 594)
*Word "subdivisions" appears in original rolls.
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.