Section 375.1803

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 375

Effective - 28 Aug 2019   

  375.1803.  Court actions against insurance company, venue where — inapplicability, when. — 1.  Notwithstanding any provision of law to the contrary, in all actions in which there is any count against an insurer, whether in tort or contract, regarding the rights, benefits, or duties under an insurance contract or any action arising from an insurance contract, including but not limited to claims of breach of contract, bad faith, or breach of fiduciary duty, venue shall be in the county where the insurer resides, or if the insured was a resident of Missouri at the time the insurance contract was issued, the county of the insured's principal place of residence, as defined in section 508.010, at the time the insurance contract was issued.  Venue shall be determined by this section even if the insured's rights or claims under the policy have been assigned or otherwise transferred to another party.  However, intervention by an insurer in an action pursuant to section 537.065 shall not affect the venue of the action.

  2.  (1)  The provisions of this section shall not apply to any action against an insurer relating to uninsured motorist coverage or underinsured motorist coverage, including any action to enforce such coverage.

  (2)  Venue for a vexatious refusal to pay claim under section 375.296 or section 375.420 to collect an amount due under uninsured motorist or underinsured motorist coverage shall not be determined in accordance with the provisions of this section, but shall be determined by the provisions of section 375.1806.  However, venue for any other vexatious refusal to pay claim to collect an amount due under any other type of policy or coverage shall be determined in accordance with the provisions of this section.

­­--------

(L. 2019 S.B. 7)