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Title XXVI TRADE AND COMMERCE

Chapter 411

previous next Effective - 28 Aug 1987bottom

  411.290.  Insurance required, exceptions — rules and regulations. — 1.  Every state licensed public warehouseman shall in his own name at all times keep all the grain contained in his warehouse insured by some reliable insurance company authorized to do business in the state of Missouri.  The grain is to be insured for its full market value against loss by fire, inherent explosion, lightning, and windstorm.  Failure to do so is a violation of this chapter and shall make the public warehouseman liable for the same on his bond.  Except that a warehouseman shall not be required to carry insurance on commodity credit corporation owned grain if the commodity credit corporation elects to be self insured for loss of the grain.  The director may promulgate rules governing the submission and acceptance of insurance policies that contain deductible clauses.

  2.  In case of a fire, inherent explosion, lightning, or windstorm, which shall destroy or damage all or part of the grain stored in any public warehouse, the public warehouseman shall, upon demand by the owner of the grain, or the holder of any warehouse receipt or receipts for such grain, and upon being presented with the warehouse receipt or receipts, or other evidence of ownership, make settlement for the value of the grain covered by the warehouse receipt, or receipts, after deducting the warehouse charges, at the market value of same, basing the value at the average price paid for grain of the same grade and quality at the station where the public warehouse is located on the date of the destruction.  In the event settlement is not made within sixty days from the date of the demand, the depositor shall have the right to seek recovery from the insurance company.

  3.  Fraud or other criminal act of the warehouseman, to which the holder of a warehouse receipt or other interested person is not a party, shall not deprive the holder of a warehouse receipt, storage receipt or scale ticket, or other interested person, of his right of recovery under such policy of insurance.

  4.  No insurance policy covering grain shall be cancelled or be allowed to expire by the insurance company on less than ninety days' notice by certified mail to the director and the principal, except if such policy is being replaced with another policy and evidence of the new policy is filed with the director at the time of cancellation or expiration of the policy on file.  The notice shall contain the termination or expiration date.  Any replacement insurance shall be provided by, and carried in the name of, the warehouseman.  The license of a warehouseman shall automatically be suspended for failure to file new evidence of insurance within thirty days of the director's receipt of the notice of cancellation or expiration.  If replacement insurance is not filed within sixty days of the director's receipt of notice of cancellation or expiration, the warehouse license shall be automatically revoked.  The provisions of subsections 9 and 10 of section 411.275, pertaining to the director, circuit courts, warehousemen, depositors, and other interested persons relating to bond cancellations shall apply similarly to insurance cancellations or expirations.

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(L. 1941 p. 373 § 25, A.L. 1965 p. 606, A.L. 1977 S.B. 75, A.L. 1986 H.B. 1578, A.L. 1987 H.B. 751)


---- end of effective   28 Aug 1987 ----

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