190.120. Insurance, what coverage required--policy provisions required--term of policy. - Missouri Statutes

Insurance, what coverage required--policy provisionsrequired--term of policy.

190.120. 1. No ambulance service license shall be issued pursuant tosections 190.001 to 190.245, nor shall such license be valid afterissuance, nor shall any ambulance be operated in Missouri unless there isat all times in force and effect insurance coverage or proof of financialresponsibility with adequate reserves maintained for each and everyambulance owned or operated by or for the applicant or licensee to providefor the payment of damages in an amount as prescribed in regulation:

(1) For injury to or death of individuals in accidents resulting fromany cause for which the owner of such vehicle would be liable on account ofliability imposed on him or her by law, regardless of whether the ambulancewas being driven by the owner or the owner's agent; and

(2) For the loss of or damage to the property of another, includingpersonal property, under like circumstances.

2. The insurance policy or proof of financial responsibility shall besubmitted by all licensees required to provide such insurance pursuant tosections 190.001 to 190.245. The insurance policy, or proof of theexistence of financial responsibility, shall be submitted to the director,in such form as the director may specify, for the director's approval priorto the issuance of each ambulance service license.

3. Every insurance policy or proof of financial responsibilitydocument required by the provisions of this section shall contain proof ofa provision for a continuing liability thereunder to the full amountthereof, notwithstanding any recovery thereon; that the liability of theinsurer shall not be affected by the insolvency or the bankruptcy of theassured; and that until the policy is revoked the insurance company orself-insured licensee or entity will not be relieved from liability onaccount of nonpayment of premium, failure to renew license at the end ofthe year, or any act or omission of the named assured. Such policy ofinsurance or self-insurance shall be further conditioned for the payment ofany judgments up to the limits of such policy, recovered against any personother than the owner, the owner's agent or employee, who may operate thesame with the consent of the owner.

4. Every insurance policy or self-insured licensee or entity asrequired by the provisions of this section shall extend for the period tobe covered by the license applied for and the insurer shall be obligated togive not less than thirty days' written notice to the director and to theinsured before any cancellation or termination thereof earlier than itsexpiration date, and the cancellation or other termination of any suchpolicy shall automatically revoke and terminate the licenses issued for theambulance service covered by such policy unless covered by anotherinsurance policy in compliance with sections 190.001 to 190.245.

(L. 1973 S.B. 57 § 5, A.L. 1980 H.B. 1595, A.L. 1998 S.B. 743, A.L. 2002 S.B. 1107)

(1979) Insurance coverage is required for accidents resulting from negligent operation of the ambulance, not negligent or maladroit administration of emergency care. Bailey v. City of St. Louis (A.), 578 S.W.2d 279.