Missouri Revised Statutes
Chapter 384 - Surplus Lines Insurance
Section 384.071 - Violations, penalties.

Effective - 28 Aug 2007
384.071. Violations, penalties. — 1. If the director determines that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of sections 384.011 to 384.071 or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of sections 384.011 to 384.071 or a rule adopted or order issued pursuant thereto, the director may issue such administrative orders as authorized under section 374.046. A violation of any of these sections is a level three violation under section 374.049.
2. If the director believes that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of sections 384.011 to 384.071 or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of sections 384.011 to 384.071 or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048. A violation of any of these sections is a level three violation under section 374.049.
3. Any surplus lines licensee who in this state represents or aids a nonadmitted insurer in violation of the provisions of sections 384.011 to 384.071 may be found guilty of a class B misdemeanor and subject to a fine not in excess of one thousand dollars.
4. The above penalties are not exclusive remedies.
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(L. 1987 H.B. 700 § 21, A.L. 2007 S.B. 66)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXIV - Business and Financial Institutions

Chapter 384 - Surplus Lines Insurance

Section 384.011 - Title of law.

Section 384.015 - Definitions.

Section 384.017 - Nonadmitted insurers, purchases from allowed, when.

Section 384.018 - Nonadmitted insurer deemed domestic surplus lines insurer, when — domestic insurer deemed eligible surplus lines insurer, when — policies subject to taxation, when — exemption from certain statutory requirements, when — rulemaking a...

Section 384.021 - Nonadmitted insurers, limitation on furnishing coverage — exempt commercial purchaser, licensee exemptions.

Section 384.023 - Unlisted nonadmitted insurers may be used for coverage, when — requirements.

Section 384.025 - Ineligibility of nonadmitted insurer, grounds, when — notice to licensees.

Section 384.034 - Advisory organization may be formed, purposes — information to be filed — examination when, costs — hearing on report, when — violations, penalty.

Section 384.036 - Policy or certificate to be delivered to insured or broker — policies to indicate current status and any changes — violation, penalties.

Section 384.038 - Enforceability of contract.

Section 384.041 - Premium payment to licensee deemed payment to insurer.

Section 384.043 - Licensing requirements for insurance producers, fee — examination, exception — renewal, when, violation, effect — national database, participation in — rulemaking authority.

Section 384.045 - Licensees may originate or accept insurance from other licensees or brokers, compensation.

Section 384.048 - Records required to be kept by licensees — to be open to director — retention period.

Section 384.051 - Insured to file report on surplus lines insurance not obtained through a broker — contents, when due — tax imposed, procedure to collect tax.

Section 384.054 - Delinquent tax, penalty, interest.

Section 384.057 - Licensee to file annual statement, contents — report to director, contents.

Section 384.059 - Premium tax applicable to surplus lines, rate, payment — broker may charge tax to insured.

Section 384.061 - Premium tax to be levied only on entire gross premium for nonadmitted or surplus lines insurance policies.

Section 384.062 - Premium taxes collected by licensee but unpaid to department, actions authorized — taxes payable to department.

Section 384.065 - Revocation, suspension or refusal to renew license of licensee, grounds — notice — hearing.

Section 384.068 - Cause of action on contracts of insurance may be brought against insurer — policy to contain appropriate language — insurer deemed to have subjected himself to this section — service of process.

Section 384.071 - Violations, penalties.