Section 303.190

Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

Chapter 303

Effective - 01 Jul 2019, 3 histories, see footnote   

  303.190.  Motor vehicle liability policy, contents. — 1.  A "motor vehicle liability policy" as said term is used in this chapter shall mean an owner's or an operator's policy of liability insurance, certified as provided in section 303.170 or section 303.180 as proof of financial responsibility, and issued, except as otherwise provided in section 303.180 by an insurance carrier duly authorized to transact business in this state, to or for the benefit of the person named therein as insured.

  2.  Such owner's policy of liability insurance:

  (1)  Shall designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby to be granted;

  (2)  Shall insure the person named therein and any other person, as insured, using any such motor vehicle or motor vehicles with the express or implied permission of such named insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance or use of such motor vehicle or motor vehicles within the United States of America or the Dominion of Canada, subject to limits, exclusive of interest and costs, with respect to each such motor vehicle, as follows:  twenty-five thousand dollars because of bodily injury to or death of one person in any one accident and, subject to said limit for one person, fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and twenty-five thousand dollars because of injury to or destruction of property of others in any one accident; and

  (3)  May exclude coverage against loss from liability imposed by law for damages arising out of the use of such motor vehicles by a member of the named insured's household who is a specifically excluded driver in the policy.

  3.  Such operator's policy of liability insurance shall insure the person named as insured therein against loss from the liability imposed upon him or her by law for damages arising out of the use by him or her of any motor vehicle not owned by him or her, within the said territorial limits and subject to the same limits of liability as are set forth above with respect to any owner's policy of liability insurance.

  4.  Such motor vehicle liability policy shall state the name and address of the named insured, the coverage afforded by the policy, the premium charged therefor, the policy period and the limits of liability, and shall contain an agreement or be endorsed that insurance is provided thereunder in accordance with the coverage defined in this chapter as respects bodily injury and death or property damage, or both, and is subject to all the provisions of this chapter.

  5.  Such motor vehicle liability policy need not insure any liability pursuant to any workers' compensation law nor any liability on account of bodily injury to or death of an employee of the insured while engaged in the employment, other than domestic, of the insured, or while engaged in the operation, maintenance or repair of any such motor vehicle nor any liability for damage to property owned by, rented to, in charge of or transported by the insured.

  6.  Every motor vehicle liability policy shall be subject to the following provisions which need not be contained therein:

  (1)  The liability of the insurance carrier with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by said motor vehicle liability policy occurs; said policy may not be cancelled or annulled as to such liability by any agreement between the insurance carrier and the insured after the occurrence of the injury or damage; no statement made by the insured or on his or her behalf and no violation of said policy shall defeat or void said policy;

  (2)  The satisfaction by the insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty of the insurance carrier to make payment on account of such injury or damage;

  (3)  The insurance carrier shall have the right to settle any claim covered by the policy, and if such settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in subdivision (2) of subsection 2 of this section;

  (4)  The policy, the written application thereof, if any, and any rider or endorsement which does not conflict with the provisions of this chapter shall constitute the entire contract between the parties.

  7.  Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy and such excess or additional coverage shall not be subject to the provisions of this chapter.  With respect to a policy which grants such excess or additional coverage the term "motor vehicle liability policy" shall apply only to that part of the coverage which is required by this section.

  8.  Any motor vehicle liability policy may provide that the insured shall reimburse the insurance carrier for any payment the insurance carrier would not have been obligated to make under the terms of the policy except for the provisions of this chapter.

  9.  Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.

  10.  The requirements of a motor vehicle liability policy may be fulfilled by the policies of one or more insurance carriers which policies together meet such requirements.

  11.  Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirement for such a policy.

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(L. 1953 p. 569 § 303.210, A.L. 1965 p. 481, A.L. 1981 S.B. 201, A.L. 1999 S.B. 19, A.L. 2018 S.B. 708)

Effective 7-01-19

CROSS REFERENCE:

Uninsured motorist liability insurance, 379.201, 379.203

(1991) Section expresses the public policy of Missouri.  A clause which excludes coverage for member of immediate family in automobile insurance policy denies coverage for liability which the law recognizes; therefore, family exclusion clause is void as against the public policy of Missouri.  State Farm Mutual Automobile Insurance Co. v. Monday, 847 S.W.2d 468 (Mo. App. W.D.)

(2000) When multiple liability policies are in place and each contains a household exclusion clause, section does not restrict minimum liability payments to single policy.  American Standard Insurance Company v. Hargrave, 34 S.W.3d 88 (Mo. banc).