Domestic violence, status as a victim not to be used byinsurer--definitions--penalty--innocent coinsured, benefits paid,when.
375.1312. 1. As used in this section, the following terms mean:
(1) "Domestic violence", the occurrence of stalking or one or more ofthe following acts between family or household members:
(a) Attempting to cause or intentionally or knowingly causing bodilyinjury or physical harm;
(b) Knowingly engaging in a course of conduct or repeatedlycommitting acts toward another person under circumstances that place theperson in reasonable fear of bodily injury or physical harm; or
(c) Knowingly committing forcible rape, sexual assault or forciblesodomy, as defined in chapter 566, RSMo;
(2) "Family or household member", spouses, former spouses, adultsrelated by blood or marriage, adults who are presently residing together orhave resided together in the past and adults who have a child in commonregardless of whether they have been married or have resided together atany time;
(3) "Innocent coinsured", an insured who did not cooperate in orcontribute to the creation of a property loss and the loss arose out of apattern of domestic violence;
(4) "Sole", a single act or a pattern of domestic violence which mayinclude multiple acts;
(5) "Stalking", when an adult purposely and repeatedly harasses orfollows with the intent of harassing another adult. As used in thissubdivision, "harasses" means to engage in a course of conduct directed ata specific adult that serves no legitimate purpose, that would cause areasonable adult to suffer substantial emotional distress. As used in thissubdivision, "course of conduct" means a pattern of conduct composed of aseries of acts over a period of time, however short, evidencing acontinuity of purpose. Constitutionally protected activity is not includedwithin the meaning of "course of conduct".
2. No insurer shall do any of the following on the sole basis of thestatus of an insured or prospective insured as a victim of domesticviolence:
(1) Deny, cancel or refuse to issue or renew an insurance policy;
(2) Require a greater premium, deductible or any other payment;
(3) Exclude or limit coverage for losses or deny a claim;
(4) Designate domestic violence as a preexisting condition for whichcoverage will be denied or reduced;
(5) Terminate group coverage solely because of claims relating to thefact that any individual in the group is or has been a victim of domesticviolence; or
(6) Fix any lower rate or discriminate in the fees or commissions ofan agent for writing or renewing a policy insuring an individual solelybecause an individual is or has been a victim of domestic violence.
3. The fact that an insured or prospective insured has been a victimof domestic violence shall not be considered a permitted underwriting orrating criterion.
4. Nothing in this section shall prohibit an insurer from taking anaction described in subsection 2 of this section if the action is otherwisepermissible by law and is taken in the same manner and to the same extentwith respect to all insureds and prospective insureds without regard towhether the insured or prospective insured is a victim of domesticviolence.
5. If an innocent coinsured files a police report and completes asworn affidavit for the insurer that indicates both the cause of the lossand a pledge to cooperate in any criminal prosecution of the personcommitting the act causing the loss, then no insurer shall deny payment toan innocent coinsured on a property loss claim due to any policy provisionthat excludes coverage for intentional acts. Payment to the innocentcoinsured may be limited to such innocent coinsured's ownership interest inthe property as reduced by any payment to a mortgagor or other securedinterest; however, insurers shall not be required to make any subsequentpayment to any other insured for the part of any loss for which theinnocent coinsured has received payment. An insurer making payment to aninsured shall have all rights of subrogation to recover against theperpetrator of the loss.
6. A violation of this section shall be subject to the provisions ofsections 375.930 to 375.948, relating to unfair trade practices.
(L. 1998 H.B. 1918 § 375.996 merged with S.B. 722 § 3, A.L. 2000 H.B. 1677, et al.)
Domestic violence, status as a victim not to be used byinsurer--definitions--penalty--innocent coinsured, benefits paid,when.
375.1312. 1. As used in this section, the following terms mean:
(1) "Domestic violence", the occurrence of stalking or one or more ofthe following acts between family or household members:
(a) Attempting to cause or intentionally or knowingly causing bodilyinjury or physical harm;
(b) Knowingly engaging in a course of conduct or repeatedlycommitting acts toward another person under circumstances that place theperson in reasonable fear of bodily injury or physical harm; or
(c) Knowingly committing forcible rape, sexual assault or forciblesodomy, as defined in chapter 566, RSMo;
(2) "Family or household member", spouses, former spouses, adultsrelated by blood or marriage, adults who are presently residing together orhave resided together in the past and adults who have a child in commonregardless of whether they have been married or have resided together atany time;
(3) "Innocent coinsured", an insured who did not cooperate in orcontribute to the creation of a property loss and the loss arose out of apattern of domestic violence;
(4) "Sole", a single act or a pattern of domestic violence which mayinclude multiple acts;
(5) "Stalking", when an adult purposely and repeatedly harasses orfollows with the intent of harassing another adult. As used in thissubdivision, "harasses" means to engage in a course of conduct directed ata specific adult that serves no legitimate purpose, that would cause areasonable adult to suffer substantial emotional distress. As used in thissubdivision, "course of conduct" means a pattern of conduct composed of aseries of acts over a period of time, however short, evidencing acontinuity of purpose. Constitutionally protected activity is not includedwithin the meaning of "course of conduct".
2. No insurer shall do any of the following on the sole basis of thestatus of an insured or prospective insured as a victim of domesticviolence:
(1) Deny, cancel or refuse to issue or renew an insurance policy;
(2) Require a greater premium, deductible or any other payment;
(3) Exclude or limit coverage for losses or deny a claim;
(4) Designate domestic violence as a preexisting condition for whichcoverage will be denied or reduced;
(5) Terminate group coverage solely because of claims relating to thefact that any individual in the group is or has been a victim of domesticviolence; or
(6) Fix any lower rate or discriminate in the fees or commissions ofan agent for writing or renewing a policy insuring an individual solelybecause an individual is or has been a victim of domestic violence.
3. The fact that an insured or prospective insured has been a victimof domestic violence shall not be considered a permitted underwriting orrating criterion.
4. Nothing in this section shall prohibit an insurer from taking anaction described in subsection 2 of this section if the action is otherwisepermissible by law and is taken in the same manner and to the same extentwith respect to all insureds and prospective insureds without regard towhether the insured or prospective insured is a victim of domesticviolence.
5. If an innocent coinsured files a police report and completes asworn affidavit for the insurer that indicates both the cause of the lossand a pledge to cooperate in any criminal prosecution of the personcommitting the act causing the loss, then no insurer shall deny payment toan innocent coinsured on a property loss claim due to any policy provisionthat excludes coverage for intentional acts. Payment to the innocentcoinsured may be limited to such innocent coinsured's ownership interest inthe property as reduced by any payment to a mortgagor or other securedinterest; however, insurers shall not be required to make any subsequentpayment to any other insured for the part of any loss for which theinnocent coinsured has received payment. An insurer making payment to aninsured shall have all rights of subrogation to recover against theperpetrator of the loss.
6. A violation of this section shall be subject to the provisions ofsections 375.930 to 375.948, relating to unfair trade practices.
(L. 1998 H.B. 1918 § 375.996 merged with S.B. 722 § 3, A.L. 2000 H.B. 1677, et al.)
Domestic violence, status as a victim not to be used byinsurer--definitions--penalty--innocent coinsured, benefits paid,when.
375.1312. 1. As used in this section, the following terms mean:
(1) "Domestic violence", the occurrence of stalking or one or more ofthe following acts between family or household members:
(a) Attempting to cause or intentionally or knowingly causing bodilyinjury or physical harm;
(b) Knowingly engaging in a course of conduct or repeatedlycommitting acts toward another person under circumstances that place theperson in reasonable fear of bodily injury or physical harm; or
(c) Knowingly committing forcible rape, sexual assault or forciblesodomy, as defined in chapter 566, RSMo;
(2) "Family or household member", spouses, former spouses, adultsrelated by blood or marriage, adults who are presently residing together orhave resided together in the past and adults who have a child in commonregardless of whether they have been married or have resided together atany time;
(3) "Innocent coinsured", an insured who did not cooperate in orcontribute to the creation of a property loss and the loss arose out of apattern of domestic violence;
(4) "Sole", a single act or a pattern of domestic violence which mayinclude multiple acts;
(5) "Stalking", when an adult purposely and repeatedly harasses orfollows with the intent of harassing another adult. As used in thissubdivision, "harasses" means to engage in a course of conduct directed ata specific adult that serves no legitimate purpose, that would cause areasonable adult to suffer substantial emotional distress. As used in thissubdivision, "course of conduct" means a pattern of conduct composed of aseries of acts over a period of time, however short, evidencing acontinuity of purpose. Constitutionally protected activity is not includedwithin the meaning of "course of conduct".
2. No insurer shall do any of the following on the sole basis of thestatus of an insured or prospective insured as a victim of domesticviolence:
(1) Deny, cancel or refuse to issue or renew an insurance policy;
(2) Require a greater premium, deductible or any other payment;
(3) Exclude or limit coverage for losses or deny a claim;
(4) Designate domestic violence as a preexisting condition for whichcoverage will be denied or reduced;
(5) Terminate group coverage solely because of claims relating to thefact that any individual in the group is or has been a victim of domesticviolence; or
(6) Fix any lower rate or discriminate in the fees or commissions ofan agent for writing or renewing a policy insuring an individual solelybecause an individual is or has been a victim of domestic violence.
3. The fact that an insured or prospective insured has been a victimof domestic violence shall not be considered a permitted underwriting orrating criterion.
4. Nothing in this section shall prohibit an insurer from taking anaction described in subsection 2 of this section if the action is otherwisepermissible by law and is taken in the same manner and to the same extentwith respect to all insureds and prospective insureds without regard towhether the insured or prospective insured is a victim of domesticviolence.
5. If an innocent coinsured files a police report and completes asworn affidavit for the insurer that indicates both the cause of the lossand a pledge to cooperate in any criminal prosecution of the personcommitting the act causing the loss, then no insurer shall deny payment toan innocent coinsured on a property loss claim due to any policy provisionthat excludes coverage for intentional acts. Payment to the innocentcoinsured may be limited to such innocent coinsured's ownership interest inthe property as reduced by any payment to a mortgagor or other securedinterest; however, insurers shall not be required to make any subsequentpayment to any other insured for the part of any loss for which theinnocent coinsured has received payment. An insurer making payment to aninsured shall have all rights of subrogation to recover against theperpetrator of the loss.
6. A violation of this section shall be subject to the provisions ofsections 375.930 to 375.948, relating to unfair trade practices.
(L. 1998 H.B. 1918 § 375.996 merged with S.B. 722 § 3, A.L. 2000 H.B. 1677, et al.)
