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Section: 303.0190 Motor vehicle liability policy, contents. RSMO 303.190


Published: 2015

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Missouri Revised Statutes













Chapter 303

Motor Vehicle Financial Responsibility Law

←303.180

Section 303.190.1

303.200→

August 28, 2015

Motor vehicle liability policy, contents.

303.190. 1. A "motor vehicle liability policy" as said term is used in

this chapter shall mean an owner's or an operator's policy of liability

insurance, certified as provided in section 303.170 or section 303.180 as

proof of financial responsibility, and issued, except as otherwise provided in

section 303.180 by an insurance carrier duly authorized to transact business

in this state, to or for the benefit of the person named therein as insured.



2. Such owner's policy of liability insurance:



(1) Shall designate by explicit description or by appropriate reference

all motor vehicles with respect to which coverage is thereby to be granted;



(2) Shall insure the person named therein and any other person, as

insured, using any such motor vehicle or motor vehicles with the express or

implied permission of such named insured, against loss from the liability

imposed by law for damages arising out of the ownership, maintenance or use of

such motor vehicle or motor vehicles within the United States of America or

the Dominion of Canada, subject to limits, exclusive of interest and costs,

with respect to each such motor vehicle, as follows: twenty-five thousand

dollars because of bodily injury to or death of one person in any one accident

and, subject to said limit for one person, fifty thousand dollars because of

bodily injury to or death of two or more persons in any one accident, and ten

thousand dollars because of injury to or destruction of property of others in

any one accident; and



(3) May exclude coverage against loss from liability imposed by law for

damages arising out of the use of such motor vehicles by a member of the named

insured's household who is a specifically excluded driver in the policy.



3. Such operator's policy of liability insurance shall insure the person

named as insured therein against loss from the liability imposed upon him or

her by law for damages arising out of the use by him or her of any motor

vehicle not owned by him or her, within the said territorial limits and

subject to the same limits of liability as are set forth above with respect to

any owner's policy of liability insurance.



4. Such motor vehicle liability policy shall state the name and address

of the named insured, the coverage afforded by the policy, the premium charged

therefor, the policy period and the limits of liability, and shall contain an

agreement or be endorsed that insurance is provided thereunder in accordance

with the coverage defined in this chapter as respects bodily injury and death

or property damage, or both, and is subject to all the provisions of this

chapter.



5. Such motor vehicle liability policy need not insure any liability

pursuant to any workers' compensation law nor any liability on account of

bodily injury to or death of an employee of the insured while engaged in the

employment, other than domestic, of the insured, or while engaged in the

operation, maintenance or repair of any such motor vehicle nor any liability

for damage to property owned by, rented to, in charge of or transported by the

insured.



6. Every motor vehicle liability policy shall be subject to the

following provisions which need not be contained therein:



(1) The liability of the insurance carrier with respect to the insurance

required by this chapter shall become absolute whenever injury or damage

covered by said motor vehicle liability policy occurs; said policy may not be

cancelled or annulled as to such liability by any agreement between the

insurance carrier and the insured after the occurrence of the injury or

damage; no statement made by the insured or on his or her behalf and no

violation of said policy shall defeat or void said policy;



(2) The satisfaction by the insured of a judgment for such injury or

damage shall not be a condition precedent to the right or duty of the

insurance carrier to make payment on account of such injury or damage;



(3) The insurance carrier shall have the right to settle any claim

covered by the policy, and if such settlement is made in good faith, the

amount thereof shall be deductible from the limits of liability specified in

subdivision (2) of subsection 2 of this section;



(4) The policy, the written application thereof, if any, and any rider

or endorsement which does not conflict with the provisions of this chapter

shall constitute the entire contract between the parties.



7. Any policy which grants the coverage required for a motor vehicle

liability policy may also grant any lawful coverage in excess of or in

addition to the coverage specified for a motor vehicle liability policy and

such excess or additional coverage shall not be subject to the provisions of

this chapter. With respect to a policy which grants such excess or additional

coverage the term "motor vehicle liability policy" shall apply only to that

part of the coverage which is required by this section.



8. Any motor vehicle liability policy may provide that the insured shall

reimburse the insurance carrier for any payment the insurance carrier would

not have been obligated to make under the terms of the policy except for the

provisions of this chapter.



9. Any motor vehicle liability policy may provide for the prorating of

the insurance thereunder with other valid and collectible insurance.



10. The requirements of a motor vehicle liability policy may be

fulfilled by the policies of one or more insurance carriers which policies

together meet such requirements.



11. Any binder issued pending the issuance of a motor vehicle liability

policy shall be deemed to fulfill the requirement for such a policy.



(L. 1953 p. 569 § 303.210, A.L. 1965 p. 481, A.L. 1981 S.B. 201,

A.L. 1999 S.B. 19)



CROSS REFERENCE:



Uninsured motorist liability insurance, 379.201, 379.203



(2000) When multiple liability policies are in place and each contains

a household exclusion clause, section does not restrict minimum

liability payments to single policy. American Standard Insurance

Company v. Hargrave, 34 S.W.3d 88 (Mo.banc).







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