Missouri automobile insurance plan for persons unable to procure insurance by ordinary means

303.200. Missouri automobile insurance plan for persons unable to procure insurance by ordinary means — approval, participation by companies — function — plan of operation — liability limitations. — 1. After consultation with insurance companies having a certificate of authority to do business in this state and actively writing motor vehicle liability policies, the director of the department of commerce and insurance, hereinafter referred to as the director, shall approve a reasonable plan to provide motor vehicle insurance policies to and for applicants who are in good faith entitled to but are unable to procure such policies through ordinary methods. The plan shall be known as the "Missouri Automobile Insurance Plan", hereinafter referred to as the plan. When any such plan has been approved, all such insurance companies shall subscribe thereto and participate therein. Any applicant for a policy under the plan, any person insured under the plan, and any insurance company affected may appeal to the director from any ruling or decision of the plan. Any person aggrieved hereunder by any order or act of the director may, within ten days after notice thereof, file a petition in the circuit court of the county of Cole for a review thereof. The court shall summarily hear the petition and may make any appropriate order or decree.

2. The plan shall perform its functions under a plan of operation and through a governing committee as prescribed in the plan of operation. Any plan of operation, prior to being placed in and taking effect, shall be filed with and approved by the director. Any amendments to the plan of operation so adopted shall also be filed with and approved by the director prior to being placed in and taking effect.

3. The plan of operation shall prescribe the issuance of motor vehicle insurance policies by the plan, which may include the administration of such policies by:

(1) A third-party administrator that has a certificate of authority to do business in this state;

(2) A nationally recognized management organization and service provider that specializes in the administration of motor vehicle insurance residual market mechanisms, subject to the approval of the director; or

(3) An insurance company that has a certificate of authority to do business in this state.

4. Every* form of a policy, endorsement, rider, manual of classifications, rules, and/or rates; every* rating plan; and every** modification of any of them proposed to be used by the plan shall be ***approved by the director prior to use***.

5. Any policy of insurance issued by the plan shall conform to the provisions of this chapter and any insurance law of this state applicable to motor vehicle insurance policies, except for any law that specifically exempts the plan from the purview of the law.

6. The plan shall:

(1) File annual audited financial reports for the preceding year with the director no later than June thirtieth of each year;

(2) Be subject to examination by the director under sections 374.205 to 374.207; and

(3) Have the authority to make assessments on member insurance companies if the funds from policyholder premiums and other revenues are not sufficient for the sound operation of the plan. An assessment upon a member insurance company shall be in the same proportion to its share of the voluntary market premium for the type of policies written under the plan. The procedures for levying assessment shall be prescribed in the plan of operation.

7. There shall be no liability imposed on the part of, and no cause of action of any nature shall arise against, any member insurer or any member of the governing committee for any omission or action taken by them in the performance of their powers and duties under this section.