Missouri

375.1007. Any of the following acts by an insurer, if committed in violation of section 375.1005, constitutes an improper claims practice:

(1) Misrepresenting to claimants and insureds relevant facts or policy provisions relating to coverages at issue;

(2) Failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under its policies;

(3) Failing to adopt and implement reasonable standards for the prompt investigation and settlement of claims arising under its policies;

(4) Not attempting in good faith to effectuate prompt, fair and equitable settlement of claims submitted in which liability has become reasonably clear;

(5) Compelling insureds or beneficiaries to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them;

(6) Refusing to pay claims without conducting a reasonable investigation;

(7) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed and communicated to the insurer;

(8) Attempting to settle a claim for less than the amount to which a reasonable person would believe the insured or beneficiary was entitled by reference to written or printed advertising material accompanying or made part of an application;

(9) Attempting to settle claims on the basis of an application which was materially altered without notice to, or knowledge or consent of, the insured;

more>> http://www.moga.state.mo.us/statutes/c300-399/3751007.htm

Unfair Trade Practices Act

375.936. Any of the following practices, if committed in violation of section 375.934, are hereby defined as unfair trade practices in the business of insurance:

(1) "Boycott, coercion, intimidation", entering into any agreement to commit, or by any concerted action committing any act of boycott, coercion or intimidation resulting in or tending to result in an unreasonable restraint of, or monopoly in, the business of insurance;

(2) "Defamation", making, publishing, disseminating, or circulating, directly or indirectly, or aiding, abetting or encouraging the making, publishing, disseminating or circulating of any oral or written statement or any pamphlet, circular, article or literature which is false, or maliciously critical of or derogatory to the financial condition of any insurer, and which is calculated to injure such insurer;

(3) "Failure to maintain complaint handling procedures", failure of any person to maintain a complete record of all the complaints which it has received for a period of not less than three years. This record shall indicate the total number of complaints, their classification by line of insurance, the nature of each complaint, the disposition of these complaints, and the time it took to process each complaint. For purposes of this subdivision, "complaint" shall mean any written communication primarily expressing a grievance;

(4) "False information and advertising generally", making, publishing, disseminating, circulating or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster or over any radio or television station, or in any other way, an advertisement, announcement or statement containing any assertion, representation or statement with respect to the business of insurance or with respect to any insurer in the conduct of his insurance business, which is untrue, deceptive or misleading;

(5) "False statements and entries:"

(a) Knowingly filing with any supervisory or other public official, or knowingly making, publishing, disseminating, circulating or delivering to any person, or placing before the public, or knowingly causing, directly or indirectly, to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false material statement of fact as to the financial condition or dealings of an insurer;

more>> http://www.moga.state.mo.us/statutes/C300-399/3750936.HTM

Imitation Crash Parts Regulations

Motor vehicle repairs, aftermarket crash part, defined--requirements --disclosure to owner--penalties.

407.295. 1. As used in this section, the following terms mean:

(1) "Aftermarket crash part", a replacement for any of the nonmechanical sheet metal or plastic parts which generally constitute the exterior of a motor vehicle, including inner and outer panels;

(2) "Insurer", an insurance company and any person authorized to represent the insurer with respect to a claim;

(3) "Nonoriginal equipment manufacturer (Non-OEM) aftermarket crash part", aftermarket crash parts not made for or by the manufacturer of the motor vehicle.

2. Any aftermarket crash part supplied by a nonoriginal equipment manufacturer for use in this state after January 1, 1990, shall have affixed thereto or inscribed thereon the logo or name of its manufacturer. Such manufacturer's logo or name shall be visible after installation whenever practicable.

3. No insurer shall specify directly or indirectly the use of non-OEM aftermarket crash parts in the repair of an insured's motor vehicle without disclosing the intended use of such parts. In all instances where non-OEM aftermarket crash parts are intended for use by an insurer:

(1) The written estimate shall clearly identify each such part; and

(2) A disclosure document containing the following information in ten-point or larger type shall appear on or be attached to the insured's copy of the estimate: "This estimate has been prepared based on the use of one or more crash parts supplied by a source other than the manufacturer of your motor vehicle. Warranties applicable to these replacement parts are provided by the parts manufacturer or distributor rather than by the manufacturer of your vehicle."

4. Any violation of this section shall be deemed an unlawful practice as the term is used in sections 407.010 to 407.130, and shall be subject to the enforcement provisions of sections 407.010 to 407.130.

5. This section shall become effective January 1, 1990.

update>> http://www.moga.state.mo.us/statutes/C400-499/4070295.HTM

Anti-Steering Regulations

We have not found any law yet.

Timely Notification

(2) Failing to acknowledge with reasonable promptness pertinent communications with respect to claims arising under its policies;

(3) Failing to adopt and implement reasonable standards for the prompt investigation and settlement of claims arising under its policies;

update>> http://www.moga.state.mo.us/statutes/c300-399/3751007.htm

20 CSR 100-1.030 Failure to Acknowledge Pertinent Communication

PURPOSE: This rule effectuates or aids in the interpretation of section 375.1007(2), RSMo.

(1) Every insurer, upon receiving notification of claim from any first-party claimant within ten (10) working days, shall acknowledge the receipt of the notification unless payment is made within the period of time. If an acknowledgment is made by means other than writing, an appropriate notation of this acknowledgment shall be made in the claim file of the insurer and dated. Notification given to an agent of an insurer shall be notification to the insurer.

(2) An appropriate reply shall be made within ten (10) working days on all communications from any claimant which reasonably suggests that a response is expected.

(3) Every insurer, upon receiving notification of claim, promptly shall provide necessary claim forms, instructions and reasonable assistance so that first-party claimants can comply with the policy conditions and the insurer’s reasonable requirements. Compliance with this section within ten (10) working days of notification of a claim shall constitute compliance with section (1) of this rule.

update>> http://www.sos.state.mo.us/adrules/csr/current/20csr/20c100-1.pdf

Timely Payment

(4) Not attempting in good faith to effectuate prompt, fair and equitable settlement of claims submitted in which liability has become reasonably clear;

(5) Compelling insureds or beneficiaries to institute suits to recover amounts due under its policies by offering substantially less than the amounts ultimately recovered in suits brought by them;

(6) Refusing to pay claims without conducting a reasonable investigation;

(7) Failing to affirm or deny coverage of claims within a reasonable time after proof of loss statements have been completed and communicated to the insurer;

update>> http://www.moga.state.mo.us/statutes/c300-399/3751007.htm

20 CSR 100-1.050 Standards for Prompt, Fair and Equitable Settlement of Claims

PURPOSE: This rule effectuates or aids in the interpretation of section 375.1007(4), RSMo.

(1) Standards for Prompt, Fair and Equitable Settlements Applicable to All Insurers.

(A) Within fifteen (15) working days after the submission of all forms necessary to establish the nature and extent of any claim, the first-party claimant shall be advised of the acceptance or denial of the claim by the insurer. No insurer shall deny any claim on the grounds of a specific policy provision, condition or exclusion unless reference to that provision, condition or exclusion is included in the denial. The denial must be given to the claimant in writing and the claim file of the insurer shall contain a copy of the denial.

more>> http://www.sos.state.mo.us/adrules/csr/current/20csr/20c100-1.pdf

False & Misleading Advertising

375.936. Any of the following practices, if committed in violation of section 375.934, are hereby defined as unfair trade practices in the business of insurance:

update>> http://www.moga.state.mo.us/statutes/C300-399/3750936.HTM

False Use of Insurer’s Name

375.936. Any of the following practices, if committed in violation of section 375.934, are hereby defined as unfair trade practices in the business of insurance:

(e) Uses any name or title of any policy or class of policies misrepresenting the true nature thereof;

update>> http://www.moga.state.mo.us/statutes/C300-399/3750936.HTM

Total Losses

We have not found any law yet.

Consumer Sales Practices Acts

Contracts to repair or replace prohibited, when.

325.055. No person, partnership, association or corporation, directly or indirectly, acting as a public adjuster or public adjuster solicitor licensed under the provisions of sections 325.010 to 325.055, may solicit, or enter into, an agreement for the repair or replacement of damaged property on which said public adjuster or public adjuster solicitor has been engaged to adjust or settle claims for losses or damages arising out of policies of fire or allied lines of insurances.

update>> http://www.moga.state.mo.us/statutes/C300-399/3250055.HTM

Cancellation of agreement, when, how.

325.050. 1. The owner of damaged property has the right to cancel any agreement entered into with a licensed public adjuster or licensed public adjuster solicitor until midnight of the third business day after the day on which the agreement was signed.

2. Cancellation occurs when the buyer gives written notice of cancellation to the licensed public adjuster or licensed public adjuster solicitor at the address stated in the agreement between the parties. Notice of cancellation may be given by mail and is given when deposited in a United States mail box properly addressed and postage prepaid. Notice of cancellation must contain the written intention of the owner to cancel the agreement. No liability accrues to the owner when the agreement is canceled within said period, except for reasonable expenses incurred in preserving the damaged premises during the said three-day period.

update>> http://www.moga.state.mo.us/statutes/C300-399/3250050.HTM

375.936. Any of the following practices, if committed in violation of section 375.934, are hereby defined as unfair trade practices in the business of insurance:

(b) Engaging in the business of financial planning without disclosing to the client prior to the execution of the agreement provided for in paragraph (c) of this subdivision or solicitation of the sale of a product or service that:

a. He is also an insurance salesperson; and

b. That a commission for the sale of an insurance product will be received in addition to a fee for financial planning, if such is the case. The disclosure requirement under this paragraph may be met by including it in any disclosure required by federal or state securities law;

(c) Charging fees, other than commissions, for financial planning by insurance agents, brokers or consultants, unless such fees are based upon a written agreement, which is signed by the party to be charged in advance of the performance of the services under the agreement. A copy of the agreement shall be provided to the party to be charged at the time the agreement is signed by the party and:

a. The services for which the fee is to be charged must be specifically stated in the agreement;

b. The amount of the fee to be charged or how it will be determined or calculated must be specifically stated in the agreement;

c. The agreement must state that the client is under no obligation to purchase any insurance product through the insurance agent, broker or consultant.

The insurance agent, broker or consultant shall retain a copy of the agreement for not less than three years after completion of services, and a copy shall be available to the director upon request;

more>> http://www.moga.state.mo.us/statutes/C300-399/3750936.HTM

Offer and acceptance in formation of contract.

400.2-206. (1) Unless otherwise unambiguously indicated by the language or circumstances

(a) an offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances;

(b) an order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or nonconforming goods, but such a shipment of nonconforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer.

(2) Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.

update>> http://www.moga.state.mo.us/statutes/C400-499/4000206.002

Statute of limitations in contracts for sale.

400.2-725. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.

(2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.

(3) Where an action commenced within the time limited by subsection (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.

(4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before July 1, 1965.

update>> http://www.moga.state.mo.us/statutes/C400-499/4000725.002

Consumer Auto Repair Practices Acts

We have not found any law yet.
Telemarketing laws

Definitions.

407.1095. As used in sections 407.1095 to 407.1110, the following words and phrases mean:

(1) "Caller identification service", a type of telephone service which permits telephone subscribers to see the telephone number of incoming telephone calls;

(2) "Residential subscriber", a person who has subscribed to residential telephone service from a local exchange company or the other persons living or residing with such person;

(3) "Telephone solicitation", any voice communication over a telephone line from a live operator, through the use of ADAD equipment or by other means for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services, but does not include communications:

(a) To any residential subscriber with that subscriber's prior express invitation or permission;

(b) By or on behalf of any person or entity with whom a residential subscriber has had a business contact within the past one hundred eighty days or a current business or personal relationship;

(c) By or on behalf of an entity organized pursuant to Chapter 501(c)(3) of the United States Internal Revenue Code, while such entity is engaged in fund-raising to support the charitable purpose for which the entity was established provided that a bona fide member of such exempt organization makes the voice communication;

(d) By or on behalf of any entity over which a federal agency has regulatory authority to the extent that:

a. Subject to such authority, the entity is required to maintain a license, permit or certificate to sell or provide the merchandise being offered through telemarketing; and

b. The entity is required by law or rule to develop and maintain a no-call list;

(e) By a natural person responding to a referral, or working from his or her primary residence, or a person licensed by the state of Missouri to carry out a trade, occupation or profession who is setting or attempting to set an appointment for actions relating to that licensed trade, occupation or profession within the state or counties contiguous to the state.

update>> http://www.moga.state.mo.us/statutes/C400-499/4071095.HTM

Telephone solicitation of member on no-call list prohibited.

407.1098. 1. No person or entity shall make or cause to be made any telephone solicitation to the telephone line of any residential subscriber in this state who has given notice to the attorney general, in accordance with rules promulgated pursuant to section 407.1101 of such subscriber's objection to receiving telephone solicitations.

2. This section shall take effect on July 1, 2001.

update>> http://www.moga.state.mo.us/statutes/C400-499/4071098.HTM

Attorney general to create no-call list database--rules--inclusion of national database--database not a public record--no cost to subscribers.

407.1101. 1. The attorney general shall establish and provide for the operation of a database to compile a list of telephone numbers of residential subscribers who object to receiving telephone solicitations. The attorney general shall have such database in operation no later than July 1, 2001.

2. No later than January 1, 2001, the attorney general shall promulgate rules and regulations governing the establishment of a state no- call database as he or she deems necessary and appropriate to fully implement the provisions of sections 407.1095 to 407.1110. The rules and regulations shall include those which:

(1) Specify the methods by which each residential subscriber may give notice to the attorney general or its contractor of his or her objection to receiving such solicitations or revocation of such notice. There shall be no cost to the subscriber for joining the database;

(2) Specify the length of time for which a notice of objection shall be effective and the effect of a change of telephone number on such notice;

(3) Specify the methods by which such objections and revocations shall be collected and added to the database;

(4) Specify the methods by which any person or entity desiring to make telephone solicitations will obtain access to the database as required to avoid calling the telephone numbers of residential subscribers included in the database, including the cost assessed to that person or entity for access to the database;

(5) Specify such other matters relating to the database that the attorney general deems desirable.

3. If the Federal Communications Commission establishes a single national database of telephone numbers of subscribers who object to receiving telephone solicitations pursuant to 47 U.S.C., Section 227(c)(3), the attorney general shall include that part of such single national database that relates to Missouri in the database established pursuant to this section.

4. Information contained in the database established pursuant to this section shall be used only for the purpose of compliance with section 407.1098 and this section or in a proceeding or action pursuant to section 407.1107. Such information shall not be considered a public record pursuant to chapter 610, RSMo.

5. In April, July, October and January of each year, the attorney general shall be encouraged to obtain subscription listings of consumers in this state who have arranged to be included on any national do-not-call list and add those names to the state do-not-call list.

6. The attorney general may utilize moneys appropriated from general revenue and moneys appropriated from the merchandising practices revolving fund established in section 407.140 for the purposes of establishing and operating the state no-call database.

7. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in sections 407.1095 to 407.1110 shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2000, shall be invalid and void.

update>> http://www.moga.state.mo.us/statutes/C400-499/4071101.HTM

Caller identification service, telephone solicitor not to interfere with subscriber's use of service.

407.1104. 1. Any person or entity who makes a telephone solicitation to the telephone line of any residential subscriber in this state shall, at the beginning of such call, state clearly the identity of the person or entity initiating the call.

2. No person or entity who makes a telephone solicitation to the telephone line of a residential subscriber in this state shall knowingly use any method to block or otherwise circumvent such subscriber's use of a caller identification service.

update>> http://www.moga.state.mo.us/statutes/C400-499/4071104.HTM

Advisory group for consumer protection from telemarketers--publication of information on consumer rights.

407.1110. The attorney general shall establish an advisory group composed of government entities, local telecommunications companies, businesses, and senior citizen and other community advocates to compile and promote a list of educational literature to help consumers understand their options with regard to telephone solicitations. The attorney general shall work with local exchange telecommunications companies to disseminate to their residential subscribers information about the availability of and instructions about how to request educational literature from the attorney general. The attorney general may enter into agreements with those companies for the purpose of dissemination of the educational literature. The attorney general shall include on his or her Internet web site information that informs residential subscribers of their rights to be placed on a no-call list and the various methods, including notice to the attorney general, of placing their names on this no-call list. The attorney general shall have this literature developed for dissemination to the public no later than January 1, 2001.

update>> http://www.moga.state.mo.us/statutes/C400-499/4071110.HTM

Home Sales Act

Home solicitation sale defined.

407.700. "Home solicitation sale" means a consumer credit sale of goods, or services, except the sale of real property or interest therein, or the sale of personal property which is incident to the sale of real property or interest therein, in which the seller or a person acting for him engages in a personal solicitation of the sale at a residence of the buyer and the buyer's agreement or offer to purchase is there given to the seller or a person acting for him. It does not include a sale made pursuant to a preexisting revolving charge account, or a sale made pursuant to prior negotiations between both parties present at a business establishment at a fixed location where goods or services are offered or exhibited for sale.

update>> http://www.moga.state.mo.us/statutes/c400-499/4070700.htm

Cancellation, notice of, how given--cancellation prohibited, when --business day defined.

407.705. 1. Except as provided in subsection 3 of this section, in addition to any right otherwise to revoke an offer, the buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase which complies with sections 407.700 to 407.720. For the purposes of this section, the term "business day" shall mean any day except Saturday, Sunday, and legal holidays.

2. Cancellation occurs when the buyer gives written notice of cancellation to the seller at the address stated in the agreement or offer to purchase. Notice of cancellation, if given by mail, is given when it is deposited in a mailbox properly addressed and postage prepaid. Notice of cancellation given by the buyer need not take a particular form and is sufficient if it indicates by any form of written expression the intention of the buyer not to be bound by the home solicitation sale.

3. The buyer may not cancel a home solicitation sale if:

(1) The buyer requests the seller to provide goods or services without delay because of an emergency; and

(2) The seller in good faith makes a substantial beginning of performance of the contract before the buyer gives notice of cancellation; and

(3) In the case of goods, the goods cannot be returned to the seller in substantially as good condition as when received by the buyer.

update>> http://www.moga.state.mo.us/statutes/C400-499/4070705.HTM

Agreement of sale, required statement, exception.

407.710. 1. In a home solicitation sale, unless the buyer requests the seller to provide goods or services without delay in an emergency, the seller must present to the buyer and obtain his signature to a written agreement or offer to purchase which designates as the date of the transaction the date on which the buyer actually signs and contains a statement of the buyer's rights which complies with subsection 2.

2. The statement must

(1) Contain in 10-point boldface type the following information and statements;

"NOTICE OF CANCELLATION" ( ............................................................ )

Date of transaction must be filled in at time of sale by seller; and

If this agreement was solicited at your residence and you do not want the goods or services, you may cancel, without further obligation, this agreement by mailing a notice to the seller at the address as shown below, within 3 business days following the above date. You shall return the goods to seller in substantially the same condition as when you obtained them. Seller will then cancel all contracts and negotiable instruments executed by you and return any property given by you to seller within 10 days from date of transaction. If seller does not pick up the purchased goods within 20 days from date of your cancellation, you may retain or dispose of the goods without any further obligation. The notice must be mailed to: (..........) Name and mailing address of seller must be filled in at time of sale.

(2) A home solicitation sales contract which contains the notice of cancellation forms and content provided in the Federal Trade Commission's trade regulation rule providing a cooling-off period for door-to-door sales shall be deemed as complying with the requirements of subsection 2 herein so long as the Federal Trade Commission language provides at least equal information to the consumer concerning his right to cancel as is required by sections 407.700 to 407.720.

3. Until the seller has complied with this section the buyer may cancel the home solicitation sale by notifying the seller in any manner and by any means of his intention to cancel.

update>> http://www.moga.state.mo.us/statutes/C400-499/4070710.HTM

Duties of seller after cancellation.

407.715. 1. Except as provided in this section, within ten days after a home solicitation sale has been canceled the seller must tender to the buyer any payments made by the buyer and any note or other evidence of indebtedness with the word "canceled" stamped conspicuously on the face.

2. If the down payment includes goods traded in, the goods must be tendered in substantially as good condition as when received by the seller. If the seller fails to tender the goods as provided by this section, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement.

3. Until the seller has complied with the obligations imposed by this section the buyer may retain possession of goods delivered to him by the seller and has a lien on the goods in his possession or control for any recovery to which he is entitled.

update>> http://www.moga.state.mo.us/statutes/C400-499/4070715.HTM

Licensing Adjusters

Definitions.

325.010. As used in sections 325.010 to 325.055, unless the context clearly requires another meaning, the following words and phrases mean:

(1) "Director", the director of the division of insurance of the state of Missouri;

(2) "Public adjuster", any person, partnership, association or corporation engaging in the adjustment or settlement of claims for losses or damages arising out of policies of fire or allied lines of insurances; but does not include persons, partnerships, associations or corporations engaged in the adjustment or settlement of claims for losses or damages arising out of other types of policies for casualty insurance; and does not include attorneys at law; and does not include an agent or employee of an issuer of policies of insurance against loss or damage by fire or allied casualty; nor to an insurance broker acting as an adjuster without compensation for a client for whom he is acting as broker;

(3) "Public adjuster solicitor", any person, other than clerical employees, employed by a public adjuster who solicits or aids in securing any contract for adjustment for a public adjuster, or who acts for or with a public adjuster in making settlements or adjustments of claims.

update>> http://www.moga.state.mo.us/statutes/C300-399/3250010.HTM

License required.

325.015. No person, partnership, association or corporation shall, directly or indirectly, act as a public adjuster or public adjuster solicitor within this state, or receive for or because of services rendered in the adjustment of any claim or claims for loss or damage by fire or other casualty within the provisions of fire or allied insurance policies any money or commission or other thing of value, without first securing a license to act as a public adjuster or public adjuster solicitor from the director as hereinafter prescribed. No such license shall permit the holder thereof to engage in the practice of law or to conduct law business as defined in section 484.010, RSMo.

update>> http://www.moga.state.mo.us/statutes/C300-399/3250015.HTM

Application for license, contents of--bond.

325.020. 1. Any person, partnership, association or corporation desiring to be licensed as a public adjuster or public adjuster solicitor shall submit an application therefor to the director upon forms adopted by the director, and shall file corporate surety bond in the amount of ten thousand dollars and for each employee engaged as a public adjuster or solicitor a separate corporate surety bond in the amount of one thousand dollars; said bonds shall be conditioned upon a satisfactory accounting of any funds received in settlement of losses or claims for holders of insurance policies within the provisions of sections 325.010 to 325.055; provided, however, that the aggregate liability of the surety for all breaches of the conditions of the bond shall, in no event, exceed the sum of such bond. The surety on the bond shall have the right to cancel such bond upon giving thirty days' notice to the director and thereafter shall be relieved of liability for any breach of condition occurring after the effective date of said cancellation.

2. Each application shall be signed and verified under oath by the applicant, shall contain the name and address of the applicant and the address of the place where the applicant will conduct an adjusting business, whether any adjuster's license has previously been issued to the applicant, the applicant's occupation or business for the five years next preceding the date of the application, including names and addresses of employers within this period, and such other information as the director may require to enable him to determine the experience, education and training of the applicant to engage in this type of business.

3. If the applicant is a partnership, association or corporation, the application shall contain the above information for each partner, member, officer or director as may be applicable. The license issued shall entitle only those persons named in the application to engage in the adjusting business.

update>> http://www.moga.state.mo.us/statutes/C300-399/3250020.HTM

Refusal to license, revocation or suspension, grounds for.

325.035. 1. Whenever the director shall be satisfied that an applicant for a license does not have the necessary qualifications to engage in the public adjustment business, or when he shall be satisfied that a holder of such license has engaged in false, fraudulent or misleading business practices, the director may refuse to issue the license or may revoke or suspend the license. Such refusal, revocation or suspension shall be accomplished pursuant to the provisions of chapter 621, RSMo, and shall be based on one or more of the following grounds:

(1) A violation of any provision of chapter 325, RSMo; or

(2) Any ground under subdivisions (2) to (12) of subsection 1 of section 375.141, RSMo.

2. The director may suspend the license of any holder thereof for such period as he may determine proper or revoke such license if as a result of his disciplinary hearing he deems such action to be necessary as being in the public interest.

update>> http://www.moga.state.mo.us/statutes/C300-399/3250035.HTM

Diminished Value

We have not found any law yet.

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