375.1010. Director may initiate proceedings. - Missouri Statutes

Director may initiate proceedings.

375.1010. 1. If the director determines that a person has engaged,is engaging in, or has taken a substantial step toward engaging in an act,practice or course of business constituting a violation of sections375.1000 to 375.1018 or a rule adopted or order issued pursuant thereto, orthat a person has materially aided or is materially aiding an act,practice, omission, or course of business constituting a violation ofsections 375.1000 to 375.1018 or a rule adopted or order issued pursuantthereto, the director may issue such administrative orders as authorizedunder section 374.046, RSMo. Each practice in violation of section375.1005 is a level two violation under section 374.049, RSMo. Each act aspart of a claims settlement practice does not constitute a separateviolation under section 374.049, RSMo. The director may also suspend orrevoke the license or certificate of authority of an insurer for anywillful violation.

2. If the director believes that an insurer has engaged, is engagingin, or has taken a substantial step toward engaging in an act, practice orcourse of business constituting a violation of sections 375.1000 to375.1018 or a rule adopted or order issued pursuant thereto, or that aperson has materially aided or is materially aiding an act, practice,omission, or course of business constituting a violation of sections375.1000 to 375.1018 or a rule adopted or order issued pursuant thereto,the director may maintain a civil action for relief authorized undersection 374.048, RSMo. Each practice in violation of section 375.1005 is alevel two violation under section 374.049, RSMo. Each act as part of aclaims settlement practice does not constitute a separate violation undersection 374.049, RSMo.

(L. 1991 S.B. 53 § 7, A.L. 2007 S.B. 66)