Commerical Property Filing Checklist

COMMERCIAL PROPERTY WHICH INCLUDES BOILER AND MACHINERY AND COMMERCIAL INLAND MARINE FILING CHECKLIST

Filing Requirements
Review Requirements Reference Comments Location in Contract
(page and section #)
If Applicable
Filing Fees 374.230(6) RSMo $50/company/line of insurance/filing. One filing can contain rates, rules and forms  
Filing Procedures 20 CSR 500-8.100 Describes the procedures for rates/rules/forms filings  
Transmittal Document Bulletin 95-02 and Addendum to Bulletin 95-02 Describes the filing process and gives instructions on how to complete the TD-2 form that is listed as an attachment, Exhibit B  
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  

Forms
Review Requirements Reference Comments Location in Contract
(page and section #)
If Applicable
Application 375.936 RSMo Prohibits insurers from asking applicants if they have ever been cancelled or nonrenewed by prior insurer  
Cancellation/Nonrenewal 20 CSR 500-1.100 10 days for nonpayment of premium, otherwise 30 day notice is required  
Form filings – effective date 20CSR 500-4.100 Filings must be received by the Department within 10 days of the effective date  
Mandatory endorsement (name, address, phone) Bulletin 92-04 & 375.924(1) RSMo Requires policies to contain the name, address and telephone number of the insurer  
Missouri Property & Casualty Guaranty Association 375.772 RSMo & Bulletin 92-08 Requires policies to contain the guaranty fund endorsement  

Loss Settlement Provisions
Review Requirements Reference Comments Location in Contract
(page and section #)
If Applicable
Acknowledging claims/settlement provisions 375.1000-1007 RSMo & 20 CSR 100-1.020-1.050 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.Supp.2d 1064 W.D. MO.,2000 Mandatory binding arbitration prohibited in contracts of insurance.  
Appraisal 20 CSR 500-1.100 When the insured and company fail to agree on the ACV or the amount of a loss, then, on written demand of either, each shall select a competent appraiser.  
Statute of limitations 516.110 RSMo 10 years  

Rate
Review Requirements Reference Comments Location in Contract
(page and section #)
If Applicable
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 rates  
Consent to Rate – (A Rate) 20CSR500-4.300 Sets out standards for using "Consent to 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 379.356 RSMo & 375.052 RSMo Incidental fees to premium installments, late payments, policy reinstatements or other similar services specifically provided for by law or regulation are allowed  
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 MDI for informational purposes only; however, the Director retains authority over excessive, inadequate or unfairly discriminatory rates  
Rate Standard 379.470 RSMo Rates shall not be excessive, inadequate, or unfairly discriminatory.  
Rating Organization filings 20CSR500-4.200(4) Insurers adopting loss costs filed by a rating organization must file Exhibit A, B, & C  
Rebates 379.356 RSMo Prohibits rebating