Mo. Rev. Stat. » Chapter 375
Missouri Revised Statutes

Mo. Rev. Stat. § 375.051 (2026)

Producer held as trustee of money collected

✓ current as of May 2026
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  375.051.  Producer held as trustee of money collected. — 1.  Any insurance producer who shall be appointed or who shall act on behalf of any insurance company within this state, or who shall, on behalf of any insurance company, solicit applications, deliver policies or renewal receipts and collect premiums thereon, or who shall receive or collect moneys from any source or on any account whatsoever, on behalf of any insurance company doing business in this state, shall be held responsible in a trust or fiduciary capacity to the company for any money so collected or received by him or her for the insurance company.

  2.  Any insurance producer who shall act on behalf of any applicant for insurance or insured within this state, or who shall, on behalf of any applicant for insurance or insured, seek to place insurance coverage, deliver policies or renewal receipts and collect premiums thereon, or who shall receive or collect moneys from any source or on any account whatsoever, shall be held responsible in a trust or fiduciary capacity to the applicant for insurance or insured for any money so collected or received by him or her.

  3.  Nothing in this section shall be construed to require any insurance producer to maintain a separate bank account or deposit for the funds of each payor, as long as the funds so held are reasonably ascertainable from the books of account and records of the insurance producer.

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(RSMo 1939 § 6018, A.L. 1955 p. 241, A.L. 1967 p. 516, A.L. 2001 S.B. 193)

Effective 1-01-03

(1954) This section does not cover situation where agent reports and remits all collections but falsely represents the identity of persons from whom collections are made. Trice v. Lancaster (A.), 270 S.W.2d 519.

(1962) Superintendent as receiver of company could recover from company's agents unearned premiums which they held on policies written prior to receivership and agents' commissions thereon, and agents' actions, subsequent to receivership but prior to receiving notice thereof, in canceling the policies and use of the unearned premiums to purchase insurance in another company was unlawful. Clay v. Independence Mutual Insurance Co. (Mo.), 359 S.W.2d 679.

(1963) This section does not limit civil liability of agent to account to insurer, and especially insurer's receiver, for only monies that agent has collected, and agent is liable to account also for monies that agent under his contract of employment should have collected, and to account to receiver for commissions on premiums unearned because of court order canceling all policies issued by insurer. Clay v. Eagle Reciprocal Exchange (Mo.), 368 S.W.2d 344.

Notes of Decisions
Cited in 7 cases, 1978–2012 · leading case: Emerson Elec. Co. v. Marsh & McClennan Companies, 362 S.W.3d 7 (Mo. 2012).
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Emerson Elec. Co. v. Marsh & McClennan Companies, 362 S.W.3d 7 (Mo. 2012). · cites it 7× “Both parties rely on the current version of the statute, § 375.051 RSMo Supp.2010. 3 . The case was removed to the United States District Court for the Eastern District of Missouri and then transferred by the United States Judicial Panel on Multidistrict Litigation to the United…”
Angoff v. Marion A. Allen, Inc., 39 S.W.3d 483 (Mo. 2001). · cites it 2× “In support, it notes that under section 375.051: Any person who shall be appointed or who shall act as agent for any insurance company within this state, or who shall, as agent, .”
First State Ins. v. Bryant (In Re Bryant), 147 B.R. 507 (Bankr. W.D. Mo. 1992). · cites it 2× “In Whitlock, Judge Collinson found that Sections 375.051 and 375.121, R.S.Mo. created a personal liability on the individual who receives and controls insurance premiums, and held that failure to remit those premiums constituted a “misappropriation” within the meaning of 11 U.”
Matter of Whitlock, 449 F. Supp. 1383 (W.D. Mo. 1978). “, and sections 375.051 and 375.121, RSMo (1969), specifically provide that premiums collected on behalf of an insurance company are held in trust by the agent.”
Monia v. Melahn, 876 S.W.2d 709 (Mo. Ct. App. 1994). · cites it 2× “§ 375.051, RSMo 1986. Her failure to report the correct amount paid resulted in a misappropriation.”
Missouri Dep't of Ins. v. Wilkerson, 848 S.W.2d 10 (Mo. Ct. App. 1992). · cites it 3× “In its second amended complaint, the Department alleged that Wilkerson: (1) misappropriated, converted or illegally withheld the insurance premium; (2) practiced fraud and deception in connection with an insurance transaction; (3) breached his fiduciary duty as set forth in…”
Ealy Campbell Mobile Homes, Inc. v. Whitlock, 449 F. Supp. 1383 (W.D. Mo. 1978). “, and sections 375.051 and 375.121, RSMo (1969), specifically provide that premiums collected on behalf of an insurance company are held in trust by the agent.”
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