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Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

  Chapter 375back to chapter 375

  375.630.  Examinations and statements, evidentiary effect — case to be decided, when — appeals — attorney fees, paid how. — 1.  In a hearing before the court, master or referee, certified copies of the statement made by the defendant, or of reports of examinations of the defendant made by the director, or persons appointed by him, shall be received as self-authenticated, if offered by the director, as:

  (1)  Prima facie evidence of the facts therein contained pertaining to the condition and affairs of the defendant;

  (2)  A rebuttable presumption of the facts contained in any such report pertaining to the condition and affairs of the defendant; and

  (3)  A rebuttable presumption that the facts pertaining to the condition and affairs of the defendant as of the examination date are true as of the date of the hearing, if such report is as of a date not more than one hundred eighty days preceding the filing of the petition.

  2.  The court shall decide the case within the earliest possible time but no later than fifteen days after the conclusion of the evidence, or ten days after the filing of objections to the report of the referee or master if the case was referred to a referee or master.

  3.  If the finding be for the defendant, it shall be lawful for the director to appeal the case.

  4.  If the finding be for the plaintiff, the court shall render such orders, decrees and judgments as are allowed by sections 375.1150 to 375.1246. Such decree or judgment shall, for all purposes of an appeal, be considered a final judgment, and the defendant may appeal from the same as in other civil cases; provided, the appeal be prayed for and perfected within five days after such judgment, and that the bond shall be for such an amount as the court may fix; and provided, that no appeal nor supersedeas bond shall operate as a dissolution of the order of the court.

  5.  Reasonable attorney's fees and other expenses incurred by any person on behalf of an insurer resisting any formal delinquency proceeding may be paid from the assets of the insurer as an expense of administration during the rehabilitation or liquidation, but only after the trial and only if the person making the claim for such fees and expenses shows, and if the court finds, based on the record and evidence presented at the trial, that the board of directors of the insurer incurred such expenses for the defense of the insurer based upon its* best knowledge, information and belief formed after reasonable inquiry indicating such defense was well grounded in fact and was warranted by existing law or a good faith argument for the extension, modification or reversal of existing law and it was not pursued for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the costs of litigation.  Any finding or order awarding such attorney's fees and other expenses shall be appealable as a final judgment, but an appellate court reviewing such finding or order shall not accord any deference to the findings of fact or conclusions of law of the trial court.

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(RSMo 1939 § 6056, A.L. 1992 H.B. 1574)

Prior revisions: 1929 § 5945; 1919 § 6353; 1909 § 7083

*Word "their" appears in original rolls.


< end of effective 28 Aug 1992 >

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