Section 375.994

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 375

Effective - 28 Aug 2007   

  375.994.  Investigators to have power of subpoena — moneys, costs or fines to be deposited in insurance dedicated fund — powers of director for violations, penalties. — 1.  Department investigators shall have the power to serve subpoenas issued for the examination, investigation, and trial of all offenses determined by their investigations.

  2.  It is unlawful for any person to interfere, either by abetting or assisting such resistance or otherwise interfering, with department investigators in the duties imposed upon them by law or department rule.

  3.  Any moneys, or other property which is awarded to the department as costs of investigation, or as a fine, shall be credited to the insurance dedicated fund created by section 374.150.

  4.  If the director determines 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 375.991 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 375.991 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 director may also suspend or revoke the license or certificate of authority of such person for any willful violation.

  5.  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 375.991 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 375.991 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.

  6.  Nothing in this section shall be construed as prohibiting the department of commerce and insurance from regulating unfair or fraudulent trade practices as provided for in sections 375.930 to 375.948.

  7.  If the director determines that a person regulated under this chapter has conducted its business fraudulently with respect to sections 375.991 to 375.994, or has as a matter of business practice abused its rights under said sections, such conduct shall constitute either an unfair trade practice under the provisions of sections 375.930 to 375.948 or an unfair claims settlement practice under the provisions of sections 375.1000 to 375.1018.

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(L. 1990 H.B. 1739 § 3 subsecs. 7 to 11, A.L. 1993 H.B. 709, A.L. 2007 S.B. 66)