Commercial Auto Filing Checklist
| Review Requirements | Reference | Comments | Location in Contract (page and section #) If Applicable |
|---|---|---|---|
| Applications | 303.190(4) RSMo | Applications for insurance are extensions of the contract and must be filed | |
| Filing Fees | 374.230(6) RSMo | $50/company/line of insurance/filing; one filing can contain rates, rules and forms for one company. We bill monthly in arrears | |
| Filing Procedures | 20CSR500-8.100 | Describes the procedures for rates/rules/forms filings | |
| Transmittal Document | For paper filings, submit a completed TD-1 form |
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| Withdraw from an entire line of insurance | 379.886 RSMo | Requires insurers to notify Director 90 days in advance of canceling or nonrenewing a line of business |
| Review Requirements | Reference | Comments | Location in Contract (page and section #) If Applicable |
|---|---|---|---|
| Application | 375.936 RSMo & Bulletin 94-04 | Prohibits insurers from asking applicants if they have ever been cancelled or nonrenewed by prior insurer | |
| Cancellation/Nonrenewal—Mailing Requirement | 379.885 RSMo | Proof of mailing to the named insured at his last known address | |
| Cancellation/Nonrenewal—Policyholder right to claims history | 379.884 RSMo | Within 30 days of a written request, the insured shall receive a statement of claims history for the 3 years prior to the date of cancellation or total claims history if policy has been in effect less than 3 years | |
| Cancellation—Notice of | 379.883 RSMo | 60 days prior to the effective date except for nonpayment of premium, fraud, changes in conditions after the effective date, insolvency of the insurer or if the insurer involuntarily loses reinsurance for the policy | |
| Cancellation/Nonrenewal—Reasons for | 379.883(3) RSMo | Insurer's actual reason to be sufficiently clear and specific. An assignment or transfer among affiliated insurers within a group is not considered a cancellation/nonrenewal | |
| Driver Exclusions | 303.190.2(3) RSMo | Policies issued to corporations and partnerships cannot exclude drivers; commercial policies that list a "natural person" as a named insured may exclude a household member | |
| Form filings—effective date | 20 CSR 500-4.100 | Filings must be received by our Department within 10 days of the effective date | |
| Insurance Identification cards | 303.024 RSMo. | Insurers are required to furnish ID cards to their insureds; statute explains what information must be contained on the ID cards; ID cards should be filed with our Department | |
| Insureds Driving in Canada | Bulletin 97-06 | Canada requires a PAU filing for all carriers who provide liability coverage to drivers entering into Canada | |
| Automobile Insurance Plan | 20 CSR 500-2.300(6) & 379.120 RSMo. | When an insurer cancels/non-renews an auto policy they must give notice to the consumer of possible coverage through the Automobile Insurance Plan | |
| Mandatory Endorsement (name, address, phone) | 375.924(1) RSMo | Required policies to contain the name, address and telephone number of the insurer | |
| Minimum liability limit requirements | 303.190.2(2) RSMo | BI $25,000/person, $50,000/accidentPD $10,000/accident | |
| Missouri Property & Casualty Guaranty Association | 375.772 RSMo. | Requires policy to contain the guaranty fund endorsement | |
| Nonrenewal—Notice of | 379.883 RSMo | 60 days prior to the effective date of nonrenewal | |
| SR-22 filings-Premium | 20 CSR 500-2.300(4)(B) | Premiums charged for SR-22s shall be reasonable | |
| SR-26 filings—Cancellations | 20 CSR 500-2.300(4) (5) & 303.210 RSMo. | Requires an additional 10 days of coverage after the notice of cancellation if filed with the Department of Revenue |
| Review Requirements | Reference | Comments | Location in Contract (page and section #) If Applicable |
|---|---|---|---|
| Arbitration | 435.350 RSMo. | Mandatory binding arbitration prohibited in contracts of insurance. | |
| Government vehicles | Case Law--Martin v. State Farm Mutual Insurance Company, 755 S.W. 2d 638 (Mo. Banc. 1988) | May not exclude under the Uninsured Motorist coverage | |
| Medical Payments/Workers' Compensation Payments | 20CSR500-1.200(2)(G)1 | Uninsured Motorist coverage shall not permit the off-set of med. pay or wc payments | |
| Stacking Uninsured Motorist limits | Case Law—Cameron Mutual Insurance Company v. Madden, 533 S.W.2d 538 (MO. Banc 1976) | Mandatory on every vehicle insured in Missouri | |
| Underinsured Motorist Limits Reduction | 379.204 RSMo. | Underinsured Motorist coverage at limits less than 50/100 shall be paid as excess of the liability of any uninsured motor vehicle | |
| Underinsured Motorist Limits reduction | 379.204 RSMo. | Underinsured motorist coverage at limits less than 50/100 shall be paid over and above the other drivers liability limits, no limits to limits reductions | |
| Uninsured Motorist coverage | 379.203 RSMo. | Mandatory with minimum 25/50 Uninsured Motorist limits | |
| Uninsured Motorist coverage exception | 379.203 RSMo. | Uninsured Motorist coverage must be provided on all motor vehicles except those employers who have a fleet of 5 or more, 8 + passenger commercial Vehicles—Uninsured Motorist coverage must only be offered for this exception |
| Review Requirements | Reference | Comments | Location in Contract (page and section #) If Applicable |
|---|---|---|---|
| Consent to Rate (A-Rate) | 20CSR500-4.300 | Sets out standards to using "Consent to Rate" filings | |
| Consent to Rate (A-Rate) | 379.888.1(1) RSMo | Defines "A Rates" as being those individually determined based on judgement because neither a rate service organization nor the insurer has established a manual rate | |
| Deviation from rating organization | 379.326 RSMo | Deviations from rating organizations shall be filed with the Director and are effective upon the date of filing | |
| Fees | 375.052 RSMo. & 379.356 RSMo. | Incidental fees to premium installments, late payments, policy reinstatements or other similar services specifically provided for by law or regulation are allowed | |
| Misquote of premium | Bulletin 87-08 & 87-09 | Policies in effect less than 60 days may be re-rated at the correct amount, those more than 60 days old must continue coverage at quoted rate unless insured misrepresented information | |
| Premium Notification | 379.321.6(2) RSMo | Requires insurers to send a notice to the agent of record and insured 60 days prior to the expiration date of the policy when the premium is increased by 25% or more | |
| Rate filings | 379.321 RSMo. | Rate, rate plans, modifications and manuals of classifications shall be filed with the Department for informational purposes only; however, the Director retains authority over excessive, inadequate or unfairly discriminatory rates | |
| Rate increases prohibited | 20CSR500-2.600(3) | Insurers cannot increase premiums for not at fault accidents. | |
| Rate Standards | 379.470 RSMo. | Rates may not be excessive, inadequate or discriminatory; actuarial justification and a 3-year rate history is requested with all rate filings | |
| Rating organization filings | 20 CSR 500-4.200(4) | Insurers adopting loss costs filed by a rating organization must file Exhibit A, B & C | |
| Rebates | 379.356 RSMo | Prohibits rebating |
| Review Requirements | Reference | Comments | Location in Contract (page and section #) If Applicable |
|---|---|---|---|
| Acknowledging claims/settlement provisions | 375.1000-1007 RSMo & 20CSR100-1.020-1.050 | Misrepresentation of policy provisions, failure to acknowledge pertinent communications, standards for prompt investigation of claims, standards for prompt, fair and equitable settlement of claims | |
| Arbitration | 435.435 RSMo & Case Law—Standard Sec. Life Ins. Co. v. West 127 F.Sup.2d 1064 W.D. MO., 200 | Arbitration statutes do not apply to insurance contracts | |
| Arbitration | 20CSR500-1.600(1) | Precludes insurers from issuing policies that contain compulsory arbitration provisions | |
| Intentional Acts | 375.1312 RSMo | Domestic violence, innocent coinsured statute | |
| Pre-judgement interest | 408.040 RSMo | Defines requirements on pre-judgement interest | |
| Statute of limitations | 516.110 RSMo. | 10 years |
| Review Requirements | Reference | Comments | Location in Contract (page and section #) If Applicable |
|---|---|---|---|
| GAP(Guaranteed Auto Protection) | We will follow the OCC's opinion in that al long as the credit provider indemnifies the debt cancellation agreement, it will not be regulated as insurance. However, any policies purchased by the credit provider to cover its obligations are considered to be insurance and will be regulated as such | ||
| VSC(Vehicle Service Contracts) | We consider anything other than the manufacturer or seller warranting its own product to be the business of insurance and regulate it as such |