374.190. Investigation of companies — confidentiality. — 1. The director shall examine and inquire into all violations of the insurance laws of the state, and inquire into and investigate the business of insurance transacted in this state by any insurance agent, broker, agency or insurance company.
2. He or any of his duly appointed agents may compel the attendance before him, and may examine, under oath, the directors, officers, agents, employees, solicitors, attorneys or any other person, in reference to the condition, affairs, management of the business, or any matters relating thereto. He may administer oaths or affirmations, and shall have power to summon and compel the attendance of witnesses, and to require and compel the production of records, books, papers, contracts or other documents, if necessary.
3. The director may make and conduct the investigation in person, or he may appoint one or more persons to make and conduct the same for him. If made by another than the director in person, the person duly appointed by the director shall have the same powers as above granted to the director. A certificate of appointment, under the official seal of the director, shall be sufficient authority and evidence thereof for the person or persons to act. For the purpose of making the investigations, or having the same made, the director may employ the necessary clerical, actuarial and other assistance.
4. Notwithstanding any provision of law to the contrary, the confidentiality provisions of section 374.205, including subdivision (5) of subsection 3 of section 374.205, and subsection 4 of section 374.205, shall apply to all reports, working papers, recorded information, documents, and copies thereof, produced by, obtained by, or disclosed to the director or any other person in the course of any market conduct investigation or market conduct action.
Notes of Decisions
Angoff v. M & M Mgmt. Corp., 897 S.W.2d 649 (Mo. Ct. App. 1995).
· cites it 23× “The Appellants filed a response to the Department’s application and a motion to quash the subpoena, claiming that the Department failed to plead facts which would give rise to jurisdiction under § 374.190, RSMo 1994. 2 The Appellants further asserted that they had not violated…”
Leggett v. Missouri State Life Ins. Co., 342 S.W.2d 833 (Mo. 1960).
· cites it 5× “Under Missouri law such an examination must be made periodically (§ 5684 RSMo 1929; § 5794 RSMo 1939; § 374.190 RSMo 1949, V.A.M.S.), and the expenses therefor “shall be assessed by the superintendent upon the company” which shall be “in the first instance paid by such company,…”
Gerlach v. Missouri Comm'n on Human Rights, 980 S.W.2d 589 (Mo. Ct. App. 1998).
· cites it 4× “1995), the court was faced with determining whether the Department of Insurance was permitted to issue subpoenas pursuant to RSMo section 374.190, despite the absence of the word “subpoena” in that statute.”
Dong Li v. Metro. Life Ins. Co., 955 S.W.2d 799 (Mo. Ct. App. 1997).
· cites it 2× “Section 374.190 provides the director of the Department with the power to “examine and inquire into all violations of the insurance laws of the state” and to “inquire into and investigate the business of insurance transacted in this state by any insurance agent, broker, agency…”
ITT Lyndon Life Ins. Co. v. Crist, 778 S.W.2d 27 (Mo. Ct. App. 1989).
· cites it 7× “However, the court is free to look at prior interpretations of surrounding sections in order to harmonize the statute as a whole and to carry out the legislative scheme.”
Saunders v. Farmers Ins. Exch., 515 F. Supp. 2d 1009 (W.D. Mo. 2007).
· cites it 2× “” Mo.Rev.Stat. § 374.190. Under Missouri law, the Director of Insurance is given the exclusive power to enforce the State’s regulation of insurance rates and that if he believes that a violation has occurred then he may sanction the insurer by requiring them to cease using the…”
Collins v. Metro. Life Ins. Co. (E.D. Mo. 2023).
· cites it 2× “” Mo. Rev. Stat. § 374.190 . If the Director believes that a violation of Missouri’s insurance law or regulations has occurred, then he or she may sanction the insurer by requiring it to cease using the improper rate, imposing a penalty and/or suspending its license to do…”
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