Effective – 28 Aug 1991 375.1000. Citation — purpose — construction. — 1. Sections 375.1000 to 375.1018 may be cited as the “Unfair Claims Settlement Practices Act”. 2. The purpose of sections 375.1000 to 375.1018 is to set forth standards for the investigation and disposition of claims arising under contracts or certificates of insurance. It […]
Effective – 28 Aug 1991 375.1002. Definitions. — As used in sections 375.1000 to 375.1018, the following terms mean: (1) “Director”, the director of the department of commerce and insurance; (2) “Insurer”, any person, reciprocal exchange, interinsurer, Lloyds insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance, including agents, […]
Effective – 28 Aug 1991 375.1005. Improper claims practice, conditions. — It is an improper claims practice for any domestic, foreign or alien insurer transacting business in this state to commit any of the acts defined in section 375.1007 if: (1) It is committed in conscious disregard of sections 375.1000 to 375.1018 or any rules […]
Effective – 28 Aug 1993 375.1007. Improper claims practices. — Any of the following acts by an insurer, if committed in violation of section 375.1005, constitutes an improper claims practice: (1) Misrepresenting to claimants and insureds relevant facts or policy provisions relating to coverages at issue; (2) Failing to acknowledge with reasonable promptness pertinent communications […]
Effective – 28 Aug 1991 375.1009. Director may investigate. — The director may examine and investigate into the affairs of every insurer in this state in order to determine whether such insurer has been or is engaged in any improper claims practice prohibited by sections 375.1005 and 375.1007. ——– (L. 1991 S.B. 53 § 6)
Effective – 28 Aug 2007 375.1010. Director may initiate proceedings. — 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 375.1000 to 375.1018 or a rule adopted or order issued […]
Effective – 28 Aug 1991 375.1012. Director’s findings — cease and desist orders — penalty, suspension, revocation — appeal. — 1. If, after such hearing, the director determines that the insurer charged had engaged in an improper claims practice prohibited by sections 375.1000 to 375.1018, he shall reduce his findings to writing and shall issue […]
Effective – 28 Aug 2007 375.1014. Judicial review. — 1. A final order issued by the director under sections 375.1000 to 375.1018 is subject to judicial review in accordance with the provisions of chapter 536 in the circuit court of Cole County. 2. No order of the director under section 375.942 or order of a […]
Effective – 28 Aug 2007 375.1016. Violation of cease and desist order. — It is unlawful for any person to violate any provision of a cease and desist order of the director under section 375.1012, and the director may institute an action under sections 374.046 and 374.047 as necessary to enforce any such order. ——– […]
Effective – 28 Aug 1991 375.1018. Director’s powers additional to others — rules and regulations. — 1. The powers vested in the director by sections 375.1000 to 375.1018 shall be additional to any other powers to enforce any penalties, fines or forfeitures authorized by law with respect to the methods, acts and practices hereby declared […]
