REGULATION OF INSURANCE IN MISSOURI

Transcription

1 Ann Monaco Warren* Mark G.R. Warren** Supplement to Chapter 1 REGULATION OF INSURANCE IN MISSOURI Supplemented: (New Title) Organization Structure of Missouri Department of Insurance, Financial Institutions and Professional Registration *Mrs. Warren s biographical information appears on page 1 1 of the original chapter. **Mr. Warren s biographical information appears on page 1 1 of the original chapter Supp. 1

2 1.1 REGULATION OF INSURANCE IN MISSOURI I. ( 1.1) Missouri Insurance Laws In 2008, the Department of Insurance began to operate under the name of the Department of Insurance, Financial Institutions and Professional Registration. The Director of Insurance is now known as the Director of the Department of Insurance, Financial Institutions and Professional Registration. References in the Revised Statutes of Missouri to the Department of Insurance, the Insurance Department, or the Department of Insurance, Financial and Professional Regulation will be changed to the Department of Insurance, Financial Institutions and Professional Registration. Sections and , RSMo Supp II. Missouri Department of Insurance, Financial Institutions and Professional Registration (New Title) B. ( 1.3) Director Section , RSMo Supp. 2009, revised in 2006, changes the procedures used by the Department of Insurance, Financial Institutions, and Professional Registration (MoDIFP) if it believes that a violation of the insurance laws of the state of Missouri has occurred. Section , RSMo Supp. 2009, added in 2006, gives the Director of the MoDIFP the authority to issue an order suspending or revoking the certificate of authority of an insurer after notice and opportunity to be heard. Thereafter, the Director may also seek injunctive relief from the circuit court of any county of the state or any city not within a county if the Director believes a violation of the insurance laws of the state set forth in Chapters 354 and , RSMo, has occurred. Section , RSMo Supp F ( 1.7) Consumer Affairs Division Section , RSMo Supp. 2009, revised in 2008, excludes from regulation by the Division of Consumer Affairs those whose licenses are issued by the Division of Finance, Credit Unions and Professional Registration or any board assigned to those divisions. Section (1). 1 Supp

3 REGULATION OF INSURANCE IN MISSOURI 1.17 III. Director of Insurance, Financial Institutions and Professional Registration (New Title) B. Functions and Duties of the Director of Insurance, Financial Institutions and Professional Registration (New Title) 2. ( 1.15) Maintenance of Records Section , RSMo Supp. 2009, added in 2005, describes which records and documents are confidential and not subject to disclosure except under certain circumstances as set forth in the statute. 3. ( 1.16) Promulgation of Rules and Regulations Section , RSMo Supp. 2009, was amended in 2008 to clarify that the Director of the Missouri Department of Insurance, Financial Institutions and Professional Registration (MoDIFP) could promulgate rules and regulations under Chapters 354 and , RSMo. Section (3). 4. ( 1.17) Examination Power Section (1) and (2), RSMo Supp. 2009, was revised in 2007 to clarify that this section is applicable to Chapters 354 and , RSMo. Section provisions include the following: 1 The Director of the MoDIFP may, if a person fails to appear, refuses to testify, fails to file a statement [or] produce records, or fails to obey a subpoena, apply to the circuit court to compel the testimony. Section A court may compel testimony or production of records and also hold a person in contempt, grant injunctive relief, impose a penalty of up to $50,000, or otherwise act to grant the relief sought. Id. The Director may suspend or revoke a user license or certificate of authority if a person does not appear or refuses to testify or produce records. Id Supp. 3

4 1.28 REGULATION OF INSURANCE IN MISSOURI The Director may apply to a circuit court to compel testimony, statements, production of records, or the giving of evidence if a person invokes the right against selfincrimination. If a court grants the Director s application, the testimony, record, or other evidence given under the order may not later be used as evidence against a person in a criminal case except in a prosecution for perjury or contempt or otherwise failing to comply with the order. Section and.4. Failure to comply with is a class D felony. It may also result in the revocation of a license or certificate of authority. Section Violations of the insurance laws in Chapters 354 and are now placed in five classifications. Civil penalties or forfeiture amounts that can be imposed by the Director range from nothing for a level one violation to $50,000 for each level five violation up to an aggregate civil penalty of $250,000 per year. Section , RSMo Supp Penalties or forfeitures imposed by a court in an enforcement action under , RSMo Supp. 2009, for violation of the insurance laws in Chapters 354 and or for violations of rules or orders of the Director range from no civil penalty or forfeiture for level one violations to $1 million for each level five violation when it involves multiple violations. Section Section further sets out certain violations that may be enhanced or reduced by the Director or a court. IV. Regulation of Insurance Producers E. ( 1.28) Bail Bond Agents The Director of the Missouri Department of Insurance, Financial Institutions and Professional Registration (MoDIFP) is also charged with regulation of bail bond agents. See Professional Bail Bondsman and Surety Recovery Agent Licensure Act, , RSMo 2000 and Supp Supp

5 REGULATION OF INSURANCE IN MISSOURI 1.35 V. Regulation of Insurance Companies B. Licensure of Insurance Companies 1. ( 1.32) Certificate of Authority Required Missouri statutes prohibit any insurance company from engaging in the business of insurance in Missouri until that company has complied with all Missouri s laws that govern the business of insurance. Section , RSMo Supp ( 1.35) Deposits These deposits are maintained subject to the joint control of the Director of the Missouri Department of Insurance, Financial Institutions and Professional Registration (MoDIFP) and the insurance company. As long as the company remains solvent, the Director is required by law to permit the insurance company to collect and receive the interest or dividends on its deposited securities. Section , RSMo Supp If the company relinquishes its right to business, the deposits may be withdrawn and applied to the debts and liabilities of the company. Section , RSMo Supp In addition, life insurance companies are required to make deposits in an amount sufficient to equal the net value on all policies or annuity bonds issued by those companies; that amount is evaluated in accordance with the provisions of the Missouri statutes. Section , RSMo Supp These additional deposits may be required by the Director if the actual net value of the policies issued by the company exceeds the market value of securities on deposit with the Director, so that the net value of the deposited securities will always be equal to the actual net value of the policies issued by the company. Section , RSMo Supp Supp. 5

6 1.37 REGULATION OF INSURANCE IN MISSOURI 6. ( 1.37) Unfair Trade Practice Act The Missouri General Assembly amended the Unfair Trade Practice Act, , RSMo Supp. 2009, in 1991, 2004, and Most insurance companies and entities engaged in business of an insurance nature are subject to this Act The Act provides for the institution of an action that may result in civil penalties. Section , RSMo Supp ( 1.38) Sanctions An insurance company may be placed under administrative supervision by the Director of the MoDIFP when: the insurer, upon examination, has exceeded its power; the insurer s condition renders the continuance of its business hazardous to the public or its insureds; or the insurer has failed to comply with the laws of Missouri relating to insurance. Section , RSMo Supp ( 1.39) Unauthorized Insurer s Act Section , RSMo Supp. 2009, prohibits the transaction of insurance business in Missouri without a certificate of authority. If, at any time, the Director of the MoDIFP believes, on satisfactory proof, that any insurance company is violating or about to violate the provisions of , the Director may cause a compliant to be filed in the Circuit Court of Cole County to enjoin or restrain the insurance company from continuing the violation or doing any act in furtherance of it, and refer the matter for criminal prosecution. The violation is a class D felony. Section , RSMo Supp. 2009, and , RSMo ( 1.40) Guaranty Associations Sections , RSMo 2000 and Supp. 2009, establish the Missouri Property and Casualty Insurance Guaranty Association (MPCIGA). All insurers that provide direct insurance, other than life, accident and sickness, title, surety, disability, credit, mortgage 1 Supp

7 REGULATION OF INSURANCE IN MISSOURI 1.45 guaranty, ocean marine, and assessment insurance, must be members of the MPCIGA as a condition of their authority to transact insurance in Missouri. Section , RSMo Supp If a member insurer becomes insolvent, the MPCIGA will pay specified claims made by that insurer s insureds and by injured third parties. Section , RSMo Supp A member insurer that fails to pay an assessment when due or that fails to comply with the MPCIGA s plan of operation is subject to either suspension or revocation of its certificate of authority to transact insurance in Missouri, , RSMo Supp. 2009, and faces civil penalties, ( 1.43) Audited Financial Reports All insurers authorized to conduct the business of insurance in Missouri are required to have an annual audit performed by an independent certified public accountant and are required to file an audited financial report with the Director of the MoDIFP by June 1 of each year reflecting the previous calendar year ending on December 31. Section , RSMo Supp VI. ( 1.45) Organizational Structure of Missouri Department of Insurance, Financial Institutions and Professional Registration (New Title) The following organizational structure of the Missouri Department of Insurance, Financial Institutions and Professional Registration is part of its 2008 Annual Report, available at: Report.pdf Supp. 7

8 1.45 REGULATION OF INSURANCE IN MISSOURI 1 Supp