380.201. Definitions. — As used in sections 380.201 to 380.601, unless the context clearly indicates otherwise, the following terms mean:
(1) "Assessment", the amount, or the policyholder's share of such amount, determined by the company to be necessary to pay accrued liabilities, to meet or defray anticipated needs of the company and/or to add to or restore the guaranty fund;
(2) "Director", the director of the department of commerce and insurance of the state of Missouri;
(3) "Fee", the charge or that portion of such charge collected by the company which is used for or allocated to the payment of acquisition or survey costs;
(4) "Guaranty fund", accumulated assets in excess of accrued losses and expenses;
(5) "Initial charge", such charge or that portion of such charge not otherwise defined herein collected by the company before or at the time of the issuance or the renewal of the policy and used for, or allocated to, any purpose which the company deems desirable not prohibited by law;
(6) "Premium", a stipulated amount charged for a specified policy period, which the company is required to charge as a liability and maintain as an unearned premium reserve until the end of the specified policy period.
Notes of Decisions
Updegraff v. Farmers Mut. Ins. Co., 782 S.W.2d 700 (Mo. Ct. App. 1989).
· cites it 5× “151 could elect at any time to be an extended Missouri mutual company and operate under the provisions of §§ 380.201 to 380.611. § 380.221. The Division of Insurance notified affected insurance companies, including the respondent, on November 5, 1984, of the legislature’s action…”
Garoutte v. Farmers Mut. Ins. Co., 823 S.W.2d 526 (Mo. Ct. App. 1992).
“551 provides, among other things, that no right or defense of any company operating under the provisions of § 380.201 to § 380.-591 “shall be waived by such company or held to be waived by it, unless such provision, condition, right or defense is specifically waived by letter or…”
Dement v. Barton Cnty. Mut. Ins. Co., 945 S.W.2d 606 (Mo. Ct. App. 1997).
· cites it 2× “591 may collect such fee and/or initial charge as the board of directors shall prescribe and shall collect a sufficient amount of money annually, or oftener, to enable it to pay losses and expenses, and, in accordance with the articles of incorporation and bylaws, to create and…”
Pickthall v. Freistatt Mut. Ins. Co., 84 S.W.3d 111 (Mo. Ct. App. 2002).
· cites it 2× “1 provides: A company operating under the provisions of sections 380.201 to 380.591 may collect such fee and/or initial charge as the board of directors shall prescribe and shall collect a sufficient amount of money annually, or oftener, to enable it to pay losses and expenses,…”
Lee v. State Farm Fire & Cas. Co. (E.D. Mo. 2023).
· cites it 2× “031 Any company operating under sections 380.201 and 380.591 [Extended Missouri Mutual Companies] shall be exempt from all provisions of other insurance laws of this state except as otherwise specifically designated in this chapter.”
Martin v. State Farm Ins. Co. (E.D. Mo. 2025).
· cites it 2× “Any company operating under sections 380.201 to 380.591 shall be exempt from all provisions of other insurance laws of this state except as otherwise specifically designated in this chapter.”
— Mo. Rev. Stat. § 380.201(1) — 1 case
Updegraff v. Farmers Mut. Ins. Co., 782 S.W.2d 700 (Mo. Ct. App. 1989).
“151 could elect at any time to be an extended Missouri mutual company and operate under the provisions of §§ 380.201 to 380.611. § 380.221. The Division of Insurance notified affected insurance companies, including the respondent, on November 5, 1984, of the legislature’s action…”
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