State Codes and Statutes

Statutes > Missouri > T24 > C375 > 375_1135

Penalties, director may assess, procedures.

375.1135. 1. If the director determines that a reinsuranceintermediary, insurer, or reinsurer has engaged, is engaging in, or hastaken a substantial step toward engaging in an act, practice or course ofbusiness constituting a violation of sections 375.1110 to 375.1140 or arule adopted or order issued pursuant thereto, or that a person hasmaterially aided or is materially aiding an act, practice, omission, orcourse of business constituting a violation of sections 375.1110 to375.1140 or a rule adopted or order issued pursuant thereto, the directormay issue such administrative orders as authorized under section 374.046,RSMo. A violation of any of these sections is a level two violation undersection 374.049, RSMo. The director may also suspend or revoke the licenseor certificate of authority of a reinsurance intermediary, insurer, orreinsurer for any willful violation.

2. If the director believes that a reinsurance intermediary, insurer,or reinsurer has engaged, is engaging in, or has taken a substantial steptoward engaging in an act, practice or course of business constituting aviolation of sections 375.1110 to 375.1140 or a rule adopted or orderissued pursuant thereto, or that a person has materially aided or ismaterially aiding an act, practice, omission, or course of businessconstituting a violation of sections 375.1110 to 375.1140 or a rule adoptedor order issued pursuant thereto, the director may maintain a civil actionfor relief authorized under section 374.048, RSMo. A violation of any ofthese sections is a level two violation under section 374.049, RSMo.

3. In addition to any other relief authorized by sections 374.046 and374.047, RSMo, if a violation was committed by the reinsuranceintermediary, such reinsurance intermediary shall make restitution to theinsurer, reinsurer, rehabilitator or liquidator of the insurer or reinsurerfor the net losses incurred by the insurer or reinsurer attributable tosuch violation.

4. Nothing contained in sections 375.1110 to 375.1140 is intended toor shall in any manner limit or restrict the rights of policyholders,claimants, creditors or other third parties or confer any rights to suchpersons.

(L. 1991 H.B. 385, et al. § 47, A.L. 2007 S.B. 66)

State Codes and Statutes

Statutes > Missouri > T24 > C375 > 375_1135

Penalties, director may assess, procedures.

375.1135. 1. If the director determines that a reinsuranceintermediary, insurer, or reinsurer has engaged, is engaging in, or hastaken a substantial step toward engaging in an act, practice or course ofbusiness constituting a violation of sections 375.1110 to 375.1140 or arule adopted or order issued pursuant thereto, or that a person hasmaterially aided or is materially aiding an act, practice, omission, orcourse of business constituting a violation of sections 375.1110 to375.1140 or a rule adopted or order issued pursuant thereto, the directormay issue such administrative orders as authorized under section 374.046,RSMo. A violation of any of these sections is a level two violation undersection 374.049, RSMo. The director may also suspend or revoke the licenseor certificate of authority of a reinsurance intermediary, insurer, orreinsurer for any willful violation.

2. If the director believes that a reinsurance intermediary, insurer,or reinsurer has engaged, is engaging in, or has taken a substantial steptoward engaging in an act, practice or course of business constituting aviolation of sections 375.1110 to 375.1140 or a rule adopted or orderissued pursuant thereto, or that a person has materially aided or ismaterially aiding an act, practice, omission, or course of businessconstituting a violation of sections 375.1110 to 375.1140 or a rule adoptedor order issued pursuant thereto, the director may maintain a civil actionfor relief authorized under section 374.048, RSMo. A violation of any ofthese sections is a level two violation under section 374.049, RSMo.

3. In addition to any other relief authorized by sections 374.046 and374.047, RSMo, if a violation was committed by the reinsuranceintermediary, such reinsurance intermediary shall make restitution to theinsurer, reinsurer, rehabilitator or liquidator of the insurer or reinsurerfor the net losses incurred by the insurer or reinsurer attributable tosuch violation.

4. Nothing contained in sections 375.1110 to 375.1140 is intended toor shall in any manner limit or restrict the rights of policyholders,claimants, creditors or other third parties or confer any rights to suchpersons.

(L. 1991 H.B. 385, et al. § 47, A.L. 2007 S.B. 66)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T24 > C375 > 375_1135

Penalties, director may assess, procedures.

375.1135. 1. If the director determines that a reinsuranceintermediary, insurer, or reinsurer has engaged, is engaging in, or hastaken a substantial step toward engaging in an act, practice or course ofbusiness constituting a violation of sections 375.1110 to 375.1140 or arule adopted or order issued pursuant thereto, or that a person hasmaterially aided or is materially aiding an act, practice, omission, orcourse of business constituting a violation of sections 375.1110 to375.1140 or a rule adopted or order issued pursuant thereto, the directormay issue such administrative orders as authorized under section 374.046,RSMo. A violation of any of these sections is a level two violation undersection 374.049, RSMo. The director may also suspend or revoke the licenseor certificate of authority of a reinsurance intermediary, insurer, orreinsurer for any willful violation.

2. If the director believes that a reinsurance intermediary, insurer,or reinsurer has engaged, is engaging in, or has taken a substantial steptoward engaging in an act, practice or course of business constituting aviolation of sections 375.1110 to 375.1140 or a rule adopted or orderissued pursuant thereto, or that a person has materially aided or ismaterially aiding an act, practice, omission, or course of businessconstituting a violation of sections 375.1110 to 375.1140 or a rule adoptedor order issued pursuant thereto, the director may maintain a civil actionfor relief authorized under section 374.048, RSMo. A violation of any ofthese sections is a level two violation under section 374.049, RSMo.

3. In addition to any other relief authorized by sections 374.046 and374.047, RSMo, if a violation was committed by the reinsuranceintermediary, such reinsurance intermediary shall make restitution to theinsurer, reinsurer, rehabilitator or liquidator of the insurer or reinsurerfor the net losses incurred by the insurer or reinsurer attributable tosuch violation.

4. Nothing contained in sections 375.1110 to 375.1140 is intended toor shall in any manner limit or restrict the rights of policyholders,claimants, creditors or other third parties or confer any rights to suchpersons.

(L. 1991 H.B. 385, et al. § 47, A.L. 2007 S.B. 66)