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Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

  Chapter 375back to chapter 375

  375.1010.  Director may initiate proceedings. — 1.  If the director determines that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of sections 375.1000 to 375.1018 or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of sections 375.1000 to 375.1018 or a rule adopted or order issued pursuant thereto, the director may issue such administrative orders as authorized under section 374.046. Each practice in violation of section 375.1005 is a level two violation under section 374.049.  Each act as part of a claims settlement practice does not constitute a separate violation under section 374.049.  The director may also suspend or revoke the license or certificate of authority of an insurer for any willful violation.

  2.  If the director believes that an insurer has engaged, is engaging in, or has taken a substantial step toward engaging in an act, practice or course of business constituting a violation of sections 375.1000 to 375.1018 or a rule adopted or order issued pursuant thereto, or that a person has materially aided or is materially aiding an act, practice, omission, or course of business constituting a violation of sections 375.1000 to 375.1018 or a rule adopted or order issued pursuant thereto, the director may maintain a civil action for relief authorized under section 374.048. Each practice in violation of section 375.1005 is a level two violation under section 374.049.  Each act as part of a claims settlement practice does not constitute a separate violation under section 374.049.

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(L. 1991 S.B. 53 § 7, A.L. 2007 S.B. 66)


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