303.180. Proof of responsibility by nonresident by insurance certificate, accepted when. — 1. The nonresident owner of a motor vehicle not registered in this state may give proof of financial responsibility by filing with the director a written certificate or certificates of an insurance carrier authorized to transact business in the state in which the motor vehicle or motor vehicle described in such certificate is registered, or if such nonresident does not own a motor vehicle, then in the state in which the insured resides, provided such certificate otherwise conforms to the provisions of this chapter, and the director shall accept the same upon condition that said insurance carrier complies with the following provisions with respect to the policies so certified:
(1) Said insurance carrier shall execute a power of attorney authorizing the director to accept service on its behalf of notice or process in any action arising out of a motor vehicle accident in this state; and
(2) Said insurance carrier shall agree in writing that such policies shall be deemed to conform with the laws of this state relating to the terms of motor vehicle liability policies issued herein.
2. If any insurance carrier not authorized to transact business in this state, which has qualified to furnish proof of financial responsibility, defaults in any said undertakings or agreements, the director shall not thereafter accept as proof any certificate of said carrier whether theretofore filed or thereafter tendered as proof, so long as such default continues.
Notes of Decisions
Halpin v. Am. Fam. Mut. Ins. Co., 823 S.W.2d 479 (Mo. 1992).
· cites it 8× “170 or section 303.180 as proof of financial responsibility, and issued, except as otherwise provided in section 303.”
Schuster v. Shelter Mut. Ins. Co., 857 S.W.2d 381 (Mo. Ct. App. 1993).
· cites it 4× “170 or section 303.180 as proof of financial responsibility, and issued, except as otherwise provided in section 303.”
State Farm Mut. Auto. Ins. Co. v. Ward, 340 S.W.2d 635 (Mo. 1960).
· cites it 4× “190 (upon which they rely) also provides that “A ‘motor vehicle liability policy’ as said term is used in this chapter shall mean an owner’s or an operator’s policy of liability insurance, certified as provided in section 303.”
Steele v. Shelter Mut. Ins. Co., 400 S.W.3d 295 (Mo. 2013).
· cites it 4× “170 or section 303.180 as proof of financial responsibility, and issued, except as otherwise provided in section 303.”
Am. Fam. Mut. Ins. Co. v. Ward, 789 S.W.2d 791 (Mo. 1990).
· cites it 2× “170 or § 303.180. Id. at 638. The Court said, "`We cannot read into the insurance contract, under the guise of public policy, provisions which are not required by law and which the parties thereto clearly and plainly have failed to include.”
White v. Illinois Founders Ins. Co., 52 S.W.3d 597 (Mo. Ct. App. 2001).
· cites it 4× “170 or section 303.180 as proof of financial responsibility, and issued, except as otherwise provided in section 303.”
Wilson v. Traders Ins. Co., 98 S.W.3d 608 (Mo. Ct. App. 2003).
· cites it 2× “170 or a policy under section 303.180, the insurance so certified shall not be canceled or terminated until at least ten days after a notice of cancellation or termination of the insurance so certified shall be filed in the office "of the director of revenue, except that such…”
Dairyland Ins. Co. v. Morse, 771 F. Supp. 297 (E.D. Mo. 1991).
· cites it 2× “in relevant part: Such owner's policy of liability insurance: * * * * * * Shall insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such named insured, against loss from the…”
State Farm Mut. Auto. Ins. v. McNeal, 491 F. Supp. 2d 814 (S.D. Ind. 2007).
“Mo.Rev.Stat. § 303.180. The Court reads this section of Missouri’s statutes to require a “non-resident [who] does not own a motor vehicle” [here, Monica McNeal is a non-resident of Missouri who did not own the vehicle she was operating] must provide insurance that “conforms to…”
Adams v. King, 275 S.W.3d 324 (Mo. Ct. App. 2008).
· cites it 2× “iCing's policy to the State of Missouri as covering his vehicle with public liability insurance with Missouri financial responsibility pursuant to section 303.180; USAA simply sent a letter to Appellant’s attorney.”
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