Missouri Revised Statutes

Mo. Rev. Stat. § 379.361 (2026)

Violations, penalties

✓ current as of May 2026

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379.361. Violations, penalties. — 1. If the director determines that any insurer or filing organization has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of section 379.017 and sections 379.316 to 379.361 or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of section 379.017 and sections 379.316 to 379.361 or a rule adopted or order issued pursuant thereto, the director may issue such administrative orders as authorized under section 374.046. A violation of any of these sections is a level two violation under section 374.049. The practice of using a rate not in effect under section 379.321, if caused by a single act or omission by the insurer or filing organization, is a level two violation under section 374.049. Each act as part of a rating violation does not constitute a separate violation under section 374.049. The director may also suspend or revoke the license or certificate of authority of an insurer or filing company for any willful violation.

2. If the director believes that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of section 379.017 and sections 379.316 to 379.361 or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of section 379.017 and sections 379.316 to 379.361 or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048. A violation of any of these sections is a level two violation under section 374.049. The practice of using a rate not in effect under section 379.321, if caused by a single act or omission by the insurer or filing organization, is a level two violation under section 374.049. Each act as part of a rating violation does not constitute a separate violation under section 374.049.

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(L. 1972 S.B. 547 § 20, A.L. 2007 S.B. 66)

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2001–2023 · leading case: Saunders v. Farmers Ins. Exch., 515 F. Supp. 2d 1009 (W.D. Mo. 2007).

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Saunders v. Farmers Ins. Exch., 515 F. Supp. 2d 1009 (W.D. Mo. 2007). · cites it 2× “Mo.Rev.Stat. § 379.361. Pursuant to Missouri law, the Director is given the authority to inquire and determine if a particular homeowners’ insurer is using discriminatory rates.”

Collins v. Metro. Life Ins. Co. (E.D. Mo. 2023). · cites it 3× “Mo. Rev. Stat. § 379.361 . Under the LTC regulations specifically, the Director is given the discretionary power, upon written request and after an administrative hearing, to “issue an order to modify or suspend a specific provision or provisions of this regulation with respect…”

Solon Gershman v. Am. Cas. (8th Cir. 2001). “Mo. Rev. Stat. § 379.361 . In § 379.321, the general insurance statute above, the legislature uses mandatory language, just as it does in the statute at issue here.”

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