Section 379.110

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 379

Effective - 28 Aug 2018, 2 histories   

  379.110.  Definitions. — As used in sections 379.110 to 379.120 the following words and terms mean:

  (1)  "Insurer", any insurance company, association or exchange authorized to issue policies of automobile insurance in the state of Missouri;

  (2)  "Nonpayment of premium", failure of the named insured to discharge when due any of his or her obligations in connection with the payment of premiums on a policy, or any installment of such premium, whether the premium is payable directly to the insurer or its agent or indirectly under any premium finance plan or extension of credit;

  (3)  "Policy", an automobile policy providing automobile liability coverage, uninsured motorists coverage, automobile medical payments coverage, or automobile physical damage coverage insuring a private passenger automobile owned by an individual or partnership which has been in effect for more than sixty days or has been renewed.  Policy does not mean:

  (a)  Any policy issued under an automobile assigned risk plan or automobile insurance plan;

  (b)  Any policy insuring more than four motor vehicles;

  (c)  Any policy covering the operation of a garage, automobile sales agency, repair shop, service station or public parking place;

  (d)  Any policy providing insurance only on an excess basis, or to any contract principally providing insurance to such named insured with respect to other than automobile hazards or losses even though such contract may incidentally provide insurance with respect to such motor vehicles;

  (4)  "Reduction in coverage", a change made at renewal by the insurer to a policy form which is effective to all insureds with that policy form, which results in a removal of coverage, diminution in scope or less coverage, or the addition of an exclusion.  Reduction in coverage does not include any change, reduction, or elimination of coverage made at the request of the insured.  The correction of typographical or scrivener's errors or the application of mandated legislative changes is not a reduction in coverage.  A reduction in coverage mandated by the insurer which does not apply to all insureds with the same policy form shall be treated as a nonrenewal;

  (5)  "Renewal" or "to renew", the issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer, or the issuance and delivery of a certificate or notice extending the term of a policy beyond its policy period or term; provided, however, that any policy with a policy period or term of less than six months or any period with no fixed expiration date shall for the purpose of this section be considered as if written for successive policy periods or terms of six months.  Nothing in this subdivision shall be construed as superseding the provisions of subsection 9 of section 375.918, and the term "third anniversary date of the initial contract" as used in subsection 9 of section 375.918, means three years after the date of the initial contract.

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(L. 1973 H.B. 354 § 1, A.L. 1974 S.B. 572, A.L. 2004 S.B. 1299, A.L. 2018 S.B. 708)