Effective - 28 Aug 2006
383.010. Authority to form business entity to provide malpractice insurance — nonresidents may be members, when. — 1. Notwithstanding any direct or implied prohibitions in chapter 375, 377, or 379, any three or more persons, residents of this state, being licensed under the provisions of chapter 330, 331, 332, 334, 335, 336, 338 or 339, or under rule 8 of the supreme court of Missouri or architects licensed pursuant to chapter 327, may, as provided in sections 383.010 to 383.040, form a business entity for the purpose of providing malpractice insurance or indemnification for such persons upon the assessment plan, and upon compliance with section 379.260, liability and automobile insurance as defined in subdivisions (1) and (3) of section 379.230 may be provided upon the assessment plan to those persons licensed pursuant to chapter 197 and for whom medical malpractice insurance is provided under this section, except that automobile insurance shall be provided only for ambulances as defined in section 190.100. Any entity licensed under chapter 197, professional corporations, and limited liability companies, corporations, limited liability partnerships, partnerships, and other similar entities formed for the practice of law or medicine may also become members of any such entity. The term "persons" as used in sections 383.010 to 383.040 includes such hospitals, professional corporations and real estate business entities.
2. Anything in this section to the contrary notwithstanding, any persons duly licensed under the provisions of the laws of any other state who, if licensed under any similar provisions of the laws of this state, would be eligible to become members and insureds of an entity created under the authority of this section may become members and insureds of such an entity, irrespective of whether such persons are residents of this state; provided, however, that any such persons must be employed by, or be a partner, shareholder or member of, a professional corporation, corporation, copartnership or association insured by or to be insured by such an entity.
3. Notwithstanding any provision of law which might be construed to the contrary, sections 379.882 and 379.888, defining commercial casualty insurance, shall not include professional malpractice insurance policies issued by any insurer in this state.
--------
(L. 1975 S.B. 458 § 1, A.L. 1977 S.B. 245, A.L. 1978 S.B. 744, A.L. 1985 H.B. 657 & 337, A.L. 1986 H.B. 1392, A.L. 1989 H.B. 774, A.L. 1990 H.B. 1739, A.L. 2006 H.B. 1837)
Structure Missouri Revised Statutes
Title XXIV - Business and Financial Institutions
Chapter 383 - Malpractice Insurance
Section 383.005 - Definitions.
Section 383.016 - Articles of association and bylaws, additional contents.
Section 383.020 - Director to issue license, when.
Section 383.033 - Association treated as mutual insurance company, tax purposes.
Section 383.037 - Rates, requirements.
Section 383.040 - Medical malpractice association exempt from premium tax.
Section 383.060 - Definitions.
Section 383.062 - Reports of real estate malpractice, contents.
Section 383.067 - Immunity granted person reporting and director.
Section 383.069 - Confidentiality of information and reports.
Section 383.075 - Definitions.
Section 383.077 - Reports of legal malpractice claims, contents.
Section 383.079 - Duty of director to issue statistical summary.
Section 383.081 - Immunity granted person reporting and director.
Section 383.083 - Confidentiality of information and reports.
Section 383.100 - Definitions.
Section 383.107 - Publication of market rate.
Section 383.108 - Publication of comparison of base rates.
Section 383.110 - Reports, when due, form of.
Section 383.115 - Information confidential, exception.
Section 383.120 - Immunity granted persons reporting and to director.
Section 383.130 - Definitions.
Section 383.150 - Definitions.
Section 383.165 - Additional first year charge to policyholders.
Section 383.170 - Persons eligible to apply for coverage — eligibility requirements.
Section 383.175 - Board of directors, composition — expenses, payment of authorized.
Section 383.180 - Annual statement, when due, contents of.
Section 383.185 - Annual examination required, cost of, how paid.
Section 383.190 - Appeals and review.
Section 383.195 - Termination of plan, when.
Section 383.200 - Definition of insurer.
Section 383.203 - Rates filed with director — form — open to public, copies.
Section 383.209 - Rate increases over fifteen percent prohibited without notice, exception.