Section 374.160

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 374

Effective - 28 Aug 2007   

  374.160.  Expenses, how paid — state liability — assessment against companies, director to make, how. — 1.  The expenses of examinations, valuations or proceedings against any company, and for dissolving or settling the affairs of companies are to be paid by the company, or as provided by law.  The state shall not be responsible in any manner for the payment of any such expenses, or any charges connected therewith.

  2.  At the request of the director, every domestic insurance company or health maintenance organization subject to an order of conservation, rehabilitation, or liquidation shall reimburse the insurance dedicated fund for administrative services rendered by state employees to the company.  Reimbursement shall include that portion of the employee's salary, state benefits, and expenses that specifically relates to the services rendered on behalf of the company.

  3.  All other expenses of the department of commerce and insurance now or hereafter incurred and unpaid, or that may be hereafter incurred, including the salaries of the director and deputy director, shall be paid out of the state treasury in the manner provided by law.

  4.  The director shall assess the expenses of any examination against the company examined and shall order that the examination expenses be paid into the insurance examiners fund created by section 374.162.  This assessment shall include the costs of compensation, including benefits, for the examiners, analysts, actuaries, and attorneys directly contributing to the examination of the company, any reasonable travel, lodging, and meal expenses related to an on-site examination, and other expenses related to the examination of the company, including an allocation for examiners' office space, supplies, and equipment, but not expenses associated with attending a course, seminar, or meeting, unless solely related to the examination of the company assessed.  The director shall pay from the insurance examiners fund the compensation of insurance examiners, analysts, actuaries, and attorneys, including standard benefits afforded to state employees, for performance of any such examination and other expenses covered in the assessment.  The general assembly shall annually provide appropriations sufficient to distribute all receipts into the insurance examiners fund.  The provisions of section 33.080 relating to the transfer of unexpended balances to the general revenue fund shall not apply to the insurance examiners fund.

  5.  If any company shall refuse to pay the expenses of any examination, valuation or proceeding assessed by the director pursuant to this section, the company shall be liable for double the amount of such expenses and all costs of collection, including attorney's fees.  The company shall not be entitled to a credit, pursuant to section 148.400, for any fees, expenses or costs ordered pursuant to this subsection other than in the amount of the expenses originally assessed by the director.  All amounts collected pursuant to this subsection shall be credited to the insurance examiners fund.

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(RSMo 1939 § 5789, A.L. 1945 p. 1018, A.L. 1980 H.B. 1266, A.L. 1991 H.B. 385, et al., A.L. 2007 S.B. 66)

Prior revisions: 1929 § 5679; 1919 § 6090; 1909 § 6884

(1962) Attorneys' fees, arising under 1930 agreement whereby director had agreed to pay attorneys out of unreturned excess premiums which attorneys might be successful in recovering from companies, could not be allowed as department expense payable out of current appropriations and state was not liable for fees by estoppel where method of payment provided in contract was invalid. State ex rel. Johnson v. Leggett (Mo.), 359 S.W.2d 790.