Missouri Revised Statutes

Mo. Rev. Stat. § 375.906 (2026)

Foreign companies to appoint director to receive service

✓ laws through the 2026 session (checked Sept. 2026)
Find cases: SyfertCases citing this section MO-REVrevisor.mo.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

  375.906.  Foreign companies to appoint director to receive service — methods — penalty. — 1.  No insurance company or association not incorporated or organized under the laws of this state shall directly or indirectly issue policies, take risks, or transact business in this state, until it shall have first executed an irrevocable power of attorney in writing, appointing and authorizing the director of the department of commerce and insurance of this state to acknowledge or receive service of all lawful process, for and on behalf of the company, in any action against the company, instituted in any court of this state, or in any court of the United States in this state, and consenting that service upon the director shall be deemed personal service upon the company.

  2.  Service of process shall be made by delivery of a copy of the petition and summons to the director of the department of commerce and insurance, the deputy director of the department of commerce and insurance, or the chief clerk of the department of commerce and insurance at the office of the director of the department of commerce and insurance at Jefferson City, Missouri, and service as aforesaid shall be valid and binding in all actions brought by residents of this state upon any policy issued or matured, or upon any liability accrued in this state, or on any policy issued in any other state in which the resident is named as beneficiary, and in all actions brought by nonresidents of this state upon any policy issued in this state in which the nonresident is named beneficiary or which has been assigned to the nonresident, and in all actions brought by nonresidents of this state on a cause of action, other than an action on a policy of insurance, which arises out of business transacted, acts done, or contracts made in this state.

  3.  In case the process is issued by an associate circuit judge, the same may be directed to and served by any officer authorized to serve process in the city or county where the director of the department of commerce and insurance has his office, at least fifteen days before the return thereof.

  4.  Every instrument of appointment executed by the company shall be attested by the seal of the company and shall recite the whole of this section, and shall be accompanied by a copy of a resolution of the board of directors or trustees of the company similarly attested, showing that the president and secretary or other chief officers of the company are authorized to execute the instruments on behalf of the company; and if any company fails, neglects, or refuses to appoint and maintain within this state an attorney or agent in the manner herein described, it shall forfeit the right to do or continue business in this state.

  5.  Whenever process is served upon the director of the department of commerce and insurance, the deputy director of the department of commerce and insurance, or the chief clerk of the department of commerce and insurance under the provisions of this section, the process shall immediately be forwarded by first class mail prepaid and directed to the secretary of the company, or, in the case of an alien company, to the United States manager or last appointed general agent of the company in this country; provided, that there shall be kept in the office of the director of the department of commerce and insurance a permanent record showing for all process served the name of the plaintiff and defendant, the court from which the summons issued, the name and title of the officer serving same, and the day and hour of the service.

­­--------

(RSMo 1939 § 6005, A.L. 1967 p. 516, A.L. 1978 H.B. 1634)

Effective 1-02-79

CROSS REFERENCE:

For service outside this state, see Chap. 506

(1959) Service under subsection 2 of § 375.210 on insurance company in Arkansas, in action in Missouri court on Arkansas statute giving right of action against insurer of institution not subject to suit for tort, held ineffective to confer jurisdiction on Missouri court. Dodson v. Travelers Ins. Co., 266 F.2d 52.

(1960) Venue in a suit against a foreign insurance company and an individual is governed by § 508.010 which provides that when there are several defendants and they reside in different counties, suit may be brought in any such county. Section 351.375 has no application to foreign insurance companies.  State ex rel. Stamm v. Mayfield (Mo.), 340 S.W.2d 631.

(1964) Where surety agreed in bail bond that circuit clerk was its agent for service of process concerning the forfeiture of the bond, surety could not successfully contend in proceedings to obtain default judgment on forfeited bond under court rule 32.12 that it should have been served pursuant to provisions of section 375.210. State v. Virgilito (Mo.), 377 S.W.2d 361.

Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1969–2024 · leading case: Ray Charles Bate & Deborah Sue Bate v. Greenwich Ins. Co., 464 S.W.3d 515 (Mo. 2015).
Ray Charles Bate & Deborah Sue Bate v. Greenwich Ins. Co., 464 S.W.3d 515 (Mo. 2015). · cites it 73× “1 As an authorized foreign insurance company under section 375.906, RSMo 2000, 2 the Director of the Missouri Department of Insurance (Director) was designated as Greenwich’s agent for acceptance of service of process.”
Strong v. Am. States Preferred Ins. Co., 66 S.W.3d 104 (Mo. Ct. App. 2001). · cites it 18× “Director then mailed the notice to Insurer on August 19, in accordance with section 375.906. No response was received from Insurer, and Insured subsequently moved for a default judgment, which was entered on December 17.”
Moore v. Christian Fid. Life Ins. Co., 687 S.W.2d 210 (Mo. Ct. App. 1984). · cites it 13× “The jurisdiction over the person of the foreign insurance company was invoked under the provisions of § 375.906, RSMo 1978, and was accomplished by service of process on the Superintendent of Insurance of this state.”
State Ex Rel. Rothermich v. Gallagher, 816 S.W.2d 194 (Mo. 1991). · cites it 3× “State Farm filed with the Director of Insurance a designation for the Director to receive service of process on State Farm's behalf, pursuant to § 375.906. State Farm was summoned by service of process upon the Director of the Division of Insurance in Cole County.”
Elliott v. Sw. Life Ins. Co. of Dallas, 615 S.W.2d 116 (Mo. Ct. App. 1981). · cites it 20× “The trial court was apparently of a mind that § 375.906, RSMo.1978 was the exclusive method by which to serve process upon licensed foreign insurance companies.”
Maddox v. State Auto. Mut. Ins. Co., 356 S.W.3d 231 (Mo. Ct. App. 2011). · cites it 6× “Mo.Rev.Stat. § 375.906 (2006). 4 . Mo.Rev.”
Seven Provinces Ins. v. Com. & Indus. Ins., 306 F. Supp. 259 (W.D. Mo. 1969). · cites it 16× “” The defendant contends that the words “law” and “statute” as used in the quoted part of the rule refer to state law and statute; that the only Missouri láw or statute under which defendant could have been served [and therefore the only possible state statutory reference of…”
Grooms v. Grange Mut. Cas. Co., 32 S.W.3d 618 (Mo. Ct. App. 2000). · cites it 12× “Appellant now argues that the trial court abused its discretion in setting aside the default judgment because (1) service was valid to confer jurisdiction in that service was complete upon delivery of the summons and petition to Grange Mutual’s agent as designated by Section…”
State ex rel. Illinois Farmers Ins. Co. v. Gallagher, 811 S.W.2d 353 (Mo. 1991). · cites it 2× “See § 375.906, RSMo 1986; § 375.786, RSMo 1986.”
State ex rel. Riley v. McHenry, 801 S.W.2d 779 (Mo. Ct. App. 1991). · cites it 7× “906 requires foreign insurance companies to authorize the Director of the Division of Insurance to receive service of process on behalf of the company at the office of the Director in Jefferson City, Cole County, prior to transacting any business in Missouri.”
State Farm Mut. Auto. Ins. Co. v. Ryan, 766 S.W.2d 727 (Mo. Ct. App. 1989). · cites it 3× “As required by § 375.906, RSMo 1986, it appointed and authorized the Division to acknowledge and receive service of all lawful process on its behalf.”
Ray Charles Bate & Deborah Sue Bate v. Greenwich Ins. Co., No. WD76086 (Mo. Ct. App. Apr. 29, 2014). · cites it 85× “2 Because we conclude that section 375.906 is supplemented by the proof of service requirements set forth in Rules 54.”
Mo. Rev. Stat. § 375.906(2): 1 case
Elliott v. Sw. Life Ins. Co. of Dallas, 615 S.W.2d 116 (Mo. Ct. App. 1981). “The trial court was apparently of a mind that § 375.906, RSMo.1978 was the exclusive method by which to serve process upon licensed foreign insurance companies.”
Mo. Rev. Stat. § 375.906(4): 1 case
Grooms v. Grange Mut. Cas. Co., 32 S.W.3d 618 (Mo. Ct. App. 2000). “Appellant now argues that the trial court abused its discretion in setting aside the default judgment because (1) service was valid to confer jurisdiction in that service was complete upon delivery of the summons and petition to Grange Mutual’s agent as designated by Section…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.