Personal Auto Filings Checklist
| Review Requirements | Reference | Comments | Location in Contract (page and section #) If Applicable |
|---|---|---|---|
| Applications | 20CSR500-2.100(1) & 303.190(6)(4) RSMo. | All 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 | |
| Required Policy Reporting –Fines Assessed | 303.026 RSMo. | Insurers must report policy information once a month to the Dept. of Revenue | |
| Transmittal Document | Bulletin 95-2 and Addendum to Bulletin 95-2 | Describes the filing process and gives instructions on how to complete the TD-2 form that is listed as an attachment, Exhibit B |
| Review Requirements | Reference | Comments | Location in Contract (page and section #) If Applicable |
|---|---|---|---|
| Applications-Prior insurance inquiry | 20CSR500-2.300 & 375.936 RSMo & Bulletin 94-04 | Prohibits insurers asking applicants if they have ever been cancelled or nonrenewed by prior insurer | |
| Cancel/nonrenew/refusal to write—Mailing requirement | 379.118 RSMo | Notice of cancellation/nonrenewals must be mailed by certificate of mailing; notices or refusal to write must be mailed by certified mail or certificate of mailing | |
| Cancel/nonrenew/refusal to write—Notice of | 379.118 RSMo & 379.120 RSMo | Company must give 30 day notice | |
| Cancel/nonrenew/refusal to write—Reasons | 379.118 RSMo & 379.120 RSMo | Reasons for the cancellation/nonrenewal shall be clear and specific | |
| Cancel/nonrenew—Grounds for | 379.114 RSMo | Insurer may only cancel for nonpayment of premium or if drivers license is suspended or revoked | |
| Cancel/refuse to insure—Suspended license | 379.116 RSMo | Insurers are allowed to cancel or refuse to write those insureds/applicants with suspended or revoked licenses | |
| Driver Exclusions | 303.190(3) RSMo | Members of the insured's household may be excluded | |
| Exclusion allowed | 379.116 RSMo | Insurers may exclude drivers whose licenses have been suspended or revoked | |
| Form filings—effective date | 20 CSR 500-4.100 | Filings must be received by MDI within 10 days of the effective date | |
| Forms filings—deemer | 375.920 RSMo | Form filings are deemed approved when received, MDI has 60 days to review | |
| Geographical coverage | 20 CSR 500-2.100(E) | All policies must cover not less than the United States of America, its territories and possessions and Canada | |
| 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 insurers that provide liability coverage to drivers entering into Canada | |
| Joint Underwriting Association Notice | 20 CSR 500-2.300(6) & 379.118 RSMo | When an insurer cancels/non-renews/refuses to write an auto policy they must give notice to the consumer of possible coverage through the Missouri Joint Underwriting Association | |
| Mandatory Endorsement (name, address, phone) | 375.924(1) RSMo. | Requires policies to contain the name, address and telephone number of the insurer | |
| Medical payments coverage | 20 CSR 500-2.100 | Coverage may not be excess over any other coverage unless specifically provided for under policy and rated accordingly | |
| Minimum liability limit requirements | 303.190(2)(2)RSMo | BI $25,000/person, $50,000/accidentPD $10,000/acident | |
| Minimum policy term | 303.175 RSMo. | Personal auto liability policies are to be written for a minimum period of 3 months and the insurer must collect at least 1 month's premium up front | |
| Missouri Property & Casualty Guaranty Association | 375.772 RSMo. | Requires policy to contain the guaranty fund endorsement | |
| Motorcycle passenger liability | Case law--American Standard Insurance Company v. Dolphin, 801 S.W.2d 413 (Mo. Banc 1990) | Guest passenger liability mandatory | |
| Newly Acquired vehicles | 20 CSR 500-2.100 &Case law—Magruder v. Shelter Insurance Company, 985 S.W.2d 869 | Must give insured 30 days to report new vehicle and provide coverage unless insurer does not insure all owned vehicles | |
| Policy defined | 20CSR500-2.300(3)(A) | A policy shall be considered a 6-month period even if issued for less than 6 months. Any insurer who terminates the policy before this anniversary date is canceling the policy and must follow 379.110-120 RSMo. | |
| Refusal to Issue-Armed Services Personnel | 379.121 RSMo | Insurers cannot refuse to write or surcharge solely because an armed services applicant has no prior insurance | |
| Renewal Certificates | 20CSR500-2.100(3) | Must contain the original policy number, name of the insured, the and coverage afforded | |
| Renewal notices | 379.118(2) RSMo. | Must be sent at least 15 days prior to policy expiration | |
| SR-22 Filings—Premium | 20CSR500-2.300(4)(B) | Premiums charged for SR-22s shall be reasonable | |
| SR-26 Filings-Cancellations | 303.210 RSMo & 20CSR500-2.300(4)(5) | Requires an additional 10 days of coverage after the notice of cancellation is filed with the Department of Revenue | |
| Theft rental coverage | 20 CSR 500-2.100 | Minimum coverage requirement-- $10 day/$300 max. |
| Review Requirements | Reference | Comments | Location in Contract (page and section #) If Applicable |
|---|---|---|---|
| Arbitration provisions | 20 CSR 500-1.600 | No forced arbitration is allowed in Uninsured Motorist coverage | |
| 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 | |
| Uninsured Motorist coverage | 379.203 RSMo. | Mandatory with minimum Uninsured Motorist 25/50 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 |
|---|---|---|---|
| Comp/Uninsured Motorist/Fire/Theft | 20 CSR 500-2.700 | Insurers may not surcharge the rates for these coverages due to accidents or violations | |
| Consent to rate (A-Rates) | 20CSR500-4.300 | Sets out standards for using Consent to Rate filings | |
| 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 in effect more than 60 days must continue coverage at quoted rate unless insured misrepresented information | |
| 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 | 20CSR500-4.200(4) | Insurers adopting to use loss costs filed by a rating organization must file Exhibit A, B & C | |
| Required filings | 20CSR500-4.200(2) | All rates, rating plans, manual rules, policies and forms shall be filed within ten (10) calendar days after their effective date |
| Review Requirements | Reference | Comments | Location in Contract (page and section #) If Applicable |
|---|---|---|---|
| Acknowledging claims/settlement provisions | 375.1000 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 | 20CSR500-1.600(1) | Precludes insurers from issuing policies that contain compulsory arbitration provisions | |
| Arbitration | 435.350 RSMo | Arbitration statutes do not apply to insurance contracts | |
| Intentional acts | 375.1312 RSMo. | Domestic violence, innocent coinsured statute | |
| Pre-judgement interest | 408.040 RSMo. | Defines requirements on pre-judgement interest | |
| Punitive damages | Case law—Crull v. Gleb, 382 S.W.2d 17 | Court held that it was against public policy to permit insurance coverage of punitive damages awards | |
| Standards for Auto Claims | 20 CSR 100-1.050(2) | Explains about estimates, subrogation, after-market parts, depreciation | |
| Statute of Limitations | 516.110 RSMo | 10 years | |
| Underinsured Motorist claims | 379.204 RSMo. | Insurers may not reduce payments for this coverage if the limits are less than 50/100 |
| 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 as 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 |