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Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

  Chapter 375back to chapter 375

  375.790.  Enforcement — foreign decree, qualified party, reciprocal states, defined. — 1.  The attorney general upon request of the director may proceed in the courts of this state or any reciprocal state to enforce an order or decision in any court proceeding or in any administrative proceeding before the director of the department of commerce and insurance.

  2.  As used in this section:

  (1)  "Foreign decree" means any decree or order in equity of a court located in a "reciprocal state", including a court of the United States located therein, against any insurance company incorporated or authorized to do business in this state;

  (2)  "Qualified party" means a state regulatory agency acting in its capacity to enforce the insurance laws of its state;

  (3)  "Reciprocal state" means any state or territory of the United States the laws of which contain procedures substantially similar to those specified in this section for the enforcement of decrees or orders in equity issued by courts located in other states or territories of the United States against any insurance company incorporated or authorized to do business in said state or territory.

  3.  The director of the department of commerce and insurance shall determine which states and territories qualify as reciprocal states and shall maintain at all times an up-to-date list of such states.

  4.  A copy of any foreign decree authenticated in accordance with the statutes of this state may be filed in the office of the clerk of any circuit court of this state.  The clerk, upon verifying with the director of the department of commerce and insurance that the decree or order qualifies as a "foreign decree", shall treat the foreign decree in the same manner as a decree of a circuit court of this state.  A foreign decree so filed has the same effect and shall be deemed as a decree of a circuit court of this state, and is subject to the same procedures, defenses and proceedings for reopening, vacating or staying as a decree of a circuit court of this state and may be enforced or satisfied in like manner; provided, however, the maximum money judgment which may be enforced under this section shall be five thousand dollars.

  5.  (1)  At the time of the filing of the foreign decree, the attorney general shall make and file with the clerk of the court an affidavit setting forth the name and last known post-office address of the defendant.

  (2)  Promptly upon the filing of the foreign decree and the affidavit, the clerk shall mail notice of the filing of the foreign decree to the defendant at the address given and to the director of the department of commerce and insurance of this state and shall make a note of the mailing in the docket.  In addition, the attorney general may mail a notice of the filing of the foreign decree to the defendant and to the director of the department of commerce and insurance of this state and may file proof of mailing with the clerk.  Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the attorney general has been filed.

  (3)  No execution or other process for enforcement of a foreign decree filed hereunder shall issue until thirty days after the date the decree is filed.

  6.  (1)  If the defendant shows the circuit court that an appeal from the foreign decree is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign decree until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the defendant has furnished the security for the satisfaction of the decree required by the state in which it was rendered.

  (2)  If the defendant shows the circuit court any ground upon which enforcement of a decree of any circuit court of this state would be stayed, the court shall stay enforcement of the foreign decree for an appropriate period, upon requiring the same security for satisfaction of the decree which is required in this state.

  7.  Any person filing a foreign decree shall pay to the clerk of court fifty dollars.  Fees for docketing, transcription or other enforcement proceedings shall be as provided for decrees of the circuit court.

  8.  Any unauthorized insurance company who transacts any unauthorized act of an insurance business as set forth in section 375.786 may be fined not more than five thousand dollars.

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(L. 1972 H.B. 1264 § 375.788)


< end of effective 28 Aug 1972 >

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Effective End
375.790 8/28/1972
375.790 10/13/1967 10/13/1967

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