Homeowners, Dwelling Fire, Residential Farm Filing Checklist
| Review Requirements | Reference | Comments | Location in Contract (page and section #) If Applicable |
|---|---|---|---|
| Filing Fees | 374.230(6) RSMo | $50/company/line of insurance/filing | |
| Filing Procedures | 20 CSR 500-8.100 | Describes the procedures for rates/rules/forms filings | |
| Transmittal Document | For paper filings, submit a completed TD-1 form | ||
| Underwriting rules | 20 CSR 500-9.100 | Requires underwriting rules to be filed with the department |
| Review Requirements | Reference | Comments | Location in Contract (page and section #) If Applicable |
|---|---|---|---|
| Application | 375.936 RSMo375.007 RSMo Bulletin 94-04 |
Prohibits insurers asking applicants if they have ever been cancelled or nonrenewed by prior insurer | |
| Basic Property Insurance Inspection and Placement Disclosure | 375.003 RSMo | Cancellation notice to state that the insured may be eligible for insurance through this program | |
| Cancellation—Notice of | 375.003 RSMo, 20 CSR 500-1.100(2) | 10 days for nonpayment of premium, otherwise 30 day notice is required | |
| Cancellation—Grounds for | 375.002 RSMo | Outlines reasons allowed for cancellation: nonpayment, fraud, increased hazard, physical changes | |
| Cancellation—Proof of Notice | 375.005 RSMo | Cancellation "proof of mailing" notice shall be sufficient proof of notice | |
| Coinsurance | 379.155 RSMo | Coinsurance provisions void | |
| Discrimination-geographic location-prohibited | 375.936(11)(c)RSMo 375.007 RSMo 20 CSR 500-3.200 |
Prohibits insurers from applying an underwriting rules based only on the geographic location of the risk | |
| Earthquake | 379.978 RSMo | Requires insurers who write earthquake to prepare and retain a written disaster plan covering earthquakes | |
| Forms filed | 375.920 RSMo | All policy forms are required to be filed; this includes endorsements, applications, declaration pages and policy jackets; policies are deemed approved with a 60-day review requirement | |
| Intentional Acts | 375.1312 RSMo | Domestic violence, innocent coinsured statute | |
| Mandatory endorsement(name, address, phone) | 375.924(1) RSMo | Requires policies to contain the name, address and telephone number of the insurer | |
| Minimum form requirements | 379.160 RSMo 20 CSR 500-1.100 |
Requires that the policy forms must meet, at a minimum, the 1943 NY Standard Fire Insurance Policy | |
| Missouri Property & Casualty Guaranty Association | 375.772 RSMo Bulletin 92-08 |
Requires policies to contain the guaranty fund endorsement. | |
| Nonrenewal | 375.004 RSMo | 30 day advance notice, actual reason shall be specific and clear | |
| Nonrenewal—Proof of Notice | 375.005 RSMo | "Proof of mailing" nonrenewal notice shall be sufficient proof of notice | |
| Other Insurance | 379.145 RSMo | Insurers shall not be permitted to deny that the property insured was worth the aggregate amounts for which it was insured at the time the policy was issued or renewed | |
| Payment Plan and Installment Fees | 379.356 RSMo | Incidental fees to premium installments, late payments, policy reinstatement, or other similar services specifically provided for by law or regulation are allowed | |
| Unfair Discrimination | 375.936(11)(c)(d)(e)(f) RSMo | Cannot refuse to issue, refuse to renew, cancel or limit the amount of insurance due to geographic location, age of residential property, gender or marital status of the individual, or because another insurer has refused to issue a policy or has cancelled an existing policy | |
| Valued Policy Law | 379.140 RSMo | Fire claims: company cannot deny that the property was worth less than the full amount insured. Total loss: measure of damage shall be the amount that was insured, less depreciation from the time the policy was issued to the time of the loss | |
| Warranties | 379.170 RSMo | Construction of warranties of fact incorporated in policy | |
| Warranties | 379.165 RSMo | Construction of warranties of fact made in application |
| Review Requirements | Reference | Comments | Location in Contract (page and section #) If Applicable |
|---|---|---|---|
| Acknowledging claims/settlement provisions | 20 CSR 100-1.0201.050 | Misrepresentation of policy provisions, failure to acknowledge pertinent communications, standards for prompt investigation of claims, standards for prompt, fair and equitable settlement of claims | |
| Appraisal | 20 CSR 500-1.100(4) | Defines appraisal language | |
| Appraisal | Case Law, Abercombie v. Allstate, 891 S.W.2d 838 | Insurer cannot depreciate appraisal award | |
| Arbitration | 20 CSR 500-1.600(1) | Precludes insurers from issuing policies that contain compulsory arbitration provisions | |
| Arbitration | 435.350 RSMo | Mandatory binding arbitration prohibited in contracts of insurance. | |
| Fire Losses | 379.180 RSMo | Fire loss adjustments and examination of books are to be made at place of loss | |
| Loss Settlement | 375.1000-1007 RSMo | Improper or unfair claims settlement practices definitions | |
| Partial Loss | 379.150 RSMo | Fire losses: Insured's option to have partial destruction or damage paid outright or repaired up to the policy limits to put property back to original condition | |
| Pre-judgement Interest | 408.040 RSMo | Defines requirements on pre-judgement interest | |
| Prepaid Premium | 375.421 RSMo | Requires premium paid with the application be returned within 60 days of the application date if the policy is not issued or if the money collected is in excess of the premium | |
| Public Adjusters | 20 CSR 100-1.100 | No insurer shall make claim payment to public adjuster unless the name of the insured is added as a joint payee on the claim payment | |
| Statute of limitation | 516.110 RSMo | 10 year statute of limitation on contracts |
| Review Requirements | Reference | Comments | Location in Contract (page and section #) If Applicable |
|---|---|---|---|
| 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/installment fees | 379.356 RSMo | Incidental fees to premium installments, late payments, policy reinstatement, or other similar services specifically provided for by law or regulation are allowed | |
| Rates are to be filed | 379.321 RSMo | Rates are to be filed within 10 days of their effective date | |
| Rate making standards | 379.318 RSMo | Defines provisions governing rates | |
| Rebates | 379.356 RSMo | Prohibits rebating |