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Title XIX MOTOR VEHICLES, WATERCRAFT AND AVIATION

  Chapter 303back to chapter 303

  303.200.  Approval of plan for apportionment of substandard insurance risks. — 1.  After consultation with insurance companies authorized to issue automobile liability policies in this state, the director of the department of commerce and insurance shall approve a reasonable plan or plans for the equitable apportionment among such companies of applicants for such policies and for personal automobile and commercial motor vehicle liability policies who are in good faith entitled to but are unable to procure such policies through ordinary methods.  When any such plan has been approved, all such insurance companies shall subscribe thereto and participate therein.  The plan manager, on the plan's behalf, shall contract with an entity or entities to accept and service applicants and policies for any company that does not elect to accept and service applicants and policies.  By October first of each year any company that elects to accept and service applicants and policies for the next calendar year for any such plan shall so notify the plan.  Except as provided in subsection 2 of this section, any company that does not so notify a plan established for handling coverage for personal automobile risks shall be excused from accepting and servicing applicants and policies for the next calendar year for such plan and shall pay a fee to the plan or servicing entity for providing such services.  The fee shall be based on the company's market share as determined by the company's writings of personal automobile risks in the voluntary market.  Any applicant for any such policy, any person insured under any such plan, and any insurance company affected may appeal to the director from any ruling or decision of the manager or committee designated to operate such plan.  Any person aggrieved hereunder by any order or act of the director may, within ten days after notice thereof, file a petition in the circuit court of the county of Cole for a review thereof.  The court shall summarily hear the petition and may make any appropriate order or decree.  As used in this section, the term "personal automobile" means a private passenger nonfleet vehicle, motorcycle, camper and travel trailer, antique auto, amphibious auto, motor home, named nonowner applicant, or a low-speed vehicle subject to chapter 304 which is not primarily used for business or nonprofit interests and which is generally used for personal, family, or household purposes.

  2.  If the total premium volume for any one plan established for handling coverage for personal automobile risks exceeds ten million dollars in a calendar year, a company with more than five percent market share of such risks in Missouri shall not be excused from accepting and servicing applicants and policies of such plan under subsection 1 of this section for the next calendar year, unless the governing body of the plan votes to allow any company with such market share the option to be excused.

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(L. 1953 p. 569 § 303.350, A.L. 2012 H.B. 1402 merged with S.B. 470 merged with S.B. 480, A.L. 2013 H.B. 322)


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303.200 8/28/2013
303.200 8/29/1953 8/29/1953

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