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MISSOURI STATUTES AND CODES

379.130. Insurance claims, percentage of fault not to be assigned based solely on operation of a motorcycle.

Insurance claims, percentage of fault not to be assigned based solelyon operation of a motorcycle.

379.130. 1. When investigating an accident or settling an automobileinsurance policy claim, no insurer, agent, producer, or claims adjuster ofan insurer shall assign a percentage of fault to a party based upon thesole fact that the party was operating a motorcycle in an otherwise legalmanner.

2. A violation of this section shall be an unfair trade practice asdefined by sections 375.930 to 375.948, RSMo, and shall be subject to allof the provisions and penalties provided by such sections.

3. As used in this section, the term "insurer" shall mean anyinsurance company, association or exchange authorized to issue policies ofautomobile insurance in the state of Missouri. The term "automobileinsurance policy" shall mean a policy providing automobile liabilitycoverage, uninsured motorists coverage, automobile medical paymentscoverage or automobile physical damage coverage insuring a privatepassenger automobile owned by an individual or partnership.

(L. 2009 H.B. 481)

CROSS REFERENCE:

Tort action, fault not to be based solely on operation of motorcycle, RSMo 537.055

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