375.152. Violations, penalties.

MISSOURI STATUTES AND CODES

375.152. Violations, penalties.

Violations, penalties.

375.152. 1. If the director determines that a person has engaged, isengaging in, or has taken a substantial step toward engaging in an act,practice or course of business constituting a violation of sections 375.147to 375.153 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 sections375.147 to 375.153 or a rule adopted or order issued pursuant thereto, thedirector may issue such administrative orders as authorized under section374.046, RSMo. A violation of any of these sections is a level twoviolation under section 374.049, RSMo.

2. If the director believes that a person has engaged, is engagingin, or has taken a substantial step toward engaging in an act, practice orcourse of business constituting a violation of sections 375.147 to 375.153or a rule adopted or order issued pursuant thereto, or that a person hasmaterially aided or is materially aiding an act, practice, omission, orcourse of business constituting a violation of sections 375.147 to 375.153or a rule adopted or order issued pursuant thereto, the director maymaintain a civil action for relief authorized under section 374.048, RSMo.A violation under any of these sections is a level two violation undersection 374.049, RSMo. In addition to the relief available in thissection, the director may also order the managing general agent toreimburse the insurer, the rehabilitator or liquidator of the insurer forany losses incurred by the insurer caused by a violation of sections375.147 to 375.153 committed by the managing general agent.

3. Nothing contained in this section shall affect the right of thedirector to impose any other penalties provided for in the insurance law.

4. Nothing contained in sections 375.147 to 375.153 is intended to orshall in any manner limit or restrict the rights of policyholders,claimants and creditors.