375.790. 1. The attorney general upon request of the director mayproceed in the courts of this state or any reciprocal state to enforce anorder or decision in any court proceeding or in any administrative proceedingbefore the director of the department of insurance, financial institutions andprofessional registration.
2. As used in this section:
(1) "Foreign decree" means any decree or order in equity of a courtlocated in a "reciprocal state", including a court of the United Stateslocated therein, against any insurance company incorporated or authorized todo business in this state;
(2) "Qualified party" means a state regulatory agency acting in itscapacity to enforce the insurance laws of its state;
(3) "Reciprocal state" means any state or territory of the United Statesthe laws of which contain procedures substantially similar to those specifiedin this section for the enforcement of decrees or orders in equity issued bycourts located in other states or territories of the United States against anyinsurance company incorporated or authorized to do business in said state orterritory.
3. The director of the department of insurance, financial institutionsand professional registration shall determine which states and territoriesqualify as reciprocal states and shall maintain at all times an up-to-datelist of such states.
4. A copy of any foreign decree authenticated in accordance with thestatutes of this state may be filed in the office of the clerk of any circuitcourt of this state. The clerk, upon verifying with the director of thedepartment of insurance, financial institutions and professional registrationthat the decree or order qualifies as a "foreign decree", shall treat theforeign decree in the same manner as a decree of a circuit court of thisstate. A foreign decree so filed has the same effect and shall be deemed as adecree of a circuit court of this state, and is subject to the sameprocedures, defenses and proceedings for reopening, vacating or staying as adecree of a circuit court of this state and may be enforced or satisfied inlike manner; provided, however, the maximum money judgment which may beenforced under this section shall be five thousand dollars.
5. (1) At the time of the filing of the foreign decree, the attorneygeneral shall make and file with the clerk of the court an affidavit settingforth the name and last known post-office address of the defendant.
(2) Promptly upon the filing of the foreign decree and the affidavit,the clerk shall mail notice of the filing of the foreign decree to thedefendant at the address given and to the director of the department ofinsurance, financial institutions and professional registration of this stateand shall make a note of the mailing in the docket. In addition, the attorneygeneral may mail a notice of the filing of the foreign decree to the defendantand to the director of the department of insurance, financial institutions andprofessional registration of this state and may file proof of mailing with theclerk. Lack of mailing notice of filing by the clerk shall not affect theenforcement proceedings if proof of mailing by the attorney general has beenfiled.
(3) No execution or other process for enforcement of a foreign decreefiled hereunder shall issue until thirty days after the date the decree isfiled.
6. (1) If the defendant shows the circuit court that an appeal from theforeign decree is pending or will be taken, or that a stay of execution hasbeen granted, the court shall stay enforcement of the foreign decree until theappeal is concluded, the time for appeal expires, or the stay of executionexpires or is vacated, upon proof that the defendant has furnished thesecurity for the satisfaction of the decree required by the state in which itwas rendered.
(2) If the defendant shows the circuit court any ground upon whichenforcement of a decree of any circuit court of this state would be stayed,the court shall stay enforcement of the foreign decree for an appropriateperiod, upon requiring the same security for satisfaction of the decree whichis required in this state.
7. Any person filing a foreign decree shall pay to the clerk of courtfifty dollars. Fees for docketing, transcription or other enforcementproceedings shall be as provided for decrees of the circuit court.
8. Any unauthorized insurance company who transacts any unauthorized actof an insurance business as set forth in section 375.786 may be fined not morethan five thousand dollars.
375.790. 1. The attorney general upon request of the director mayproceed in the courts of this state or any reciprocal state to enforce anorder or decision in any court proceeding or in any administrative proceedingbefore the director of the department of insurance, financial institutions andprofessional registration.
2. As used in this section:
(1) "Foreign decree" means any decree or order in equity of a courtlocated in a "reciprocal state", including a court of the United Stateslocated therein, against any insurance company incorporated or authorized todo business in this state;
(2) "Qualified party" means a state regulatory agency acting in itscapacity to enforce the insurance laws of its state;
(3) "Reciprocal state" means any state or territory of the United Statesthe laws of which contain procedures substantially similar to those specifiedin this section for the enforcement of decrees or orders in equity issued bycourts located in other states or territories of the United States against anyinsurance company incorporated or authorized to do business in said state orterritory.
3. The director of the department of insurance, financial institutionsand professional registration shall determine which states and territoriesqualify as reciprocal states and shall maintain at all times an up-to-datelist of such states.
4. A copy of any foreign decree authenticated in accordance with thestatutes of this state may be filed in the office of the clerk of any circuitcourt of this state. The clerk, upon verifying with the director of thedepartment of insurance, financial institutions and professional registrationthat the decree or order qualifies as a "foreign decree", shall treat theforeign decree in the same manner as a decree of a circuit court of thisstate. A foreign decree so filed has the same effect and shall be deemed as adecree of a circuit court of this state, and is subject to the sameprocedures, defenses and proceedings for reopening, vacating or staying as adecree of a circuit court of this state and may be enforced or satisfied inlike manner; provided, however, the maximum money judgment which may beenforced under this section shall be five thousand dollars.
5. (1) At the time of the filing of the foreign decree, the attorneygeneral shall make and file with the clerk of the court an affidavit settingforth the name and last known post-office address of the defendant.
(2) Promptly upon the filing of the foreign decree and the affidavit,the clerk shall mail notice of the filing of the foreign decree to thedefendant at the address given and to the director of the department ofinsurance, financial institutions and professional registration of this stateand shall make a note of the mailing in the docket. In addition, the attorneygeneral may mail a notice of the filing of the foreign decree to the defendantand to the director of the department of insurance, financial institutions andprofessional registration of this state and may file proof of mailing with theclerk. Lack of mailing notice of filing by the clerk shall not affect theenforcement proceedings if proof of mailing by the attorney general has beenfiled.
(3) No execution or other process for enforcement of a foreign decreefiled hereunder shall issue until thirty days after the date the decree isfiled.
6. (1) If the defendant shows the circuit court that an appeal from theforeign decree is pending or will be taken, or that a stay of execution hasbeen granted, the court shall stay enforcement of the foreign decree until theappeal is concluded, the time for appeal expires, or the stay of executionexpires or is vacated, upon proof that the defendant has furnished thesecurity for the satisfaction of the decree required by the state in which itwas rendered.
(2) If the defendant shows the circuit court any ground upon whichenforcement of a decree of any circuit court of this state would be stayed,the court shall stay enforcement of the foreign decree for an appropriateperiod, upon requiring the same security for satisfaction of the decree whichis required in this state.
7. Any person filing a foreign decree shall pay to the clerk of courtfifty dollars. Fees for docketing, transcription or other enforcementproceedings shall be as provided for decrees of the circuit court.
8. Any unauthorized insurance company who transacts any unauthorized actof an insurance business as set forth in section 375.786 may be fined not morethan five thousand dollars.
375.790. 1. The attorney general upon request of the director mayproceed in the courts of this state or any reciprocal state to enforce anorder or decision in any court proceeding or in any administrative proceedingbefore the director of the department of insurance, financial institutions andprofessional registration.
2. As used in this section:
(1) "Foreign decree" means any decree or order in equity of a courtlocated in a "reciprocal state", including a court of the United Stateslocated therein, against any insurance company incorporated or authorized todo business in this state;
(2) "Qualified party" means a state regulatory agency acting in itscapacity to enforce the insurance laws of its state;
(3) "Reciprocal state" means any state or territory of the United Statesthe laws of which contain procedures substantially similar to those specifiedin this section for the enforcement of decrees or orders in equity issued bycourts located in other states or territories of the United States against anyinsurance company incorporated or authorized to do business in said state orterritory.
3. The director of the department of insurance, financial institutionsand professional registration shall determine which states and territoriesqualify as reciprocal states and shall maintain at all times an up-to-datelist of such states.
4. A copy of any foreign decree authenticated in accordance with thestatutes of this state may be filed in the office of the clerk of any circuitcourt of this state. The clerk, upon verifying with the director of thedepartment of insurance, financial institutions and professional registrationthat the decree or order qualifies as a "foreign decree", shall treat theforeign decree in the same manner as a decree of a circuit court of thisstate. A foreign decree so filed has the same effect and shall be deemed as adecree of a circuit court of this state, and is subject to the sameprocedures, defenses and proceedings for reopening, vacating or staying as adecree of a circuit court of this state and may be enforced or satisfied inlike manner; provided, however, the maximum money judgment which may beenforced under this section shall be five thousand dollars.
5. (1) At the time of the filing of the foreign decree, the attorneygeneral shall make and file with the clerk of the court an affidavit settingforth the name and last known post-office address of the defendant.
(2) Promptly upon the filing of the foreign decree and the affidavit,the clerk shall mail notice of the filing of the foreign decree to thedefendant at the address given and to the director of the department ofinsurance, financial institutions and professional registration of this stateand shall make a note of the mailing in the docket. In addition, the attorneygeneral may mail a notice of the filing of the foreign decree to the defendantand to the director of the department of insurance, financial institutions andprofessional registration of this state and may file proof of mailing with theclerk. Lack of mailing notice of filing by the clerk shall not affect theenforcement proceedings if proof of mailing by the attorney general has beenfiled.
(3) No execution or other process for enforcement of a foreign decreefiled hereunder shall issue until thirty days after the date the decree isfiled.
6. (1) If the defendant shows the circuit court that an appeal from theforeign decree is pending or will be taken, or that a stay of execution hasbeen granted, the court shall stay enforcement of the foreign decree until theappeal is concluded, the time for appeal expires, or the stay of executionexpires or is vacated, upon proof that the defendant has furnished thesecurity for the satisfaction of the decree required by the state in which itwas rendered.
(2) If the defendant shows the circuit court any ground upon whichenforcement of a decree of any circuit court of this state would be stayed,the court shall stay enforcement of the foreign decree for an appropriateperiod, upon requiring the same security for satisfaction of the decree whichis required in this state.
7. Any person filing a foreign decree shall pay to the clerk of courtfifty dollars. Fees for docketing, transcription or other enforcementproceedings shall be as provided for decrees of the circuit court.
8. Any unauthorized insurance company who transacts any unauthorized actof an insurance business as set forth in section 375.786 may be fined not morethan five thousand dollars.
