Advanced Search

Section: 375.1080 Definitions. Rsmo 375.1080


Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Missouri Revised Statutes













Chapter 375

Provisions Applicable to All Insurance Companies

←375.1078

Section 375.1080.1

375.1082→

August 28, 2015

Definitions.

375.1080. As used in sections 375.1080 to 375.1105, the following terms

mean:



(1) "Completed operations liability", liability arising out of the

installation, maintenance, or repair of any product at a site which is not

owned or controlled by:



(a) Any person who performs that work; or



(b) Any person who hires an independent contractor to perform that work;

but shall include liability for activities which are completed or abandoned

before the date of the occurrence giving rise to the liability;



(2) "Director", the director of the department of insurance, financial

institutions and professional registration;



(3) "Domicile", for purposes of determining the state in which a

purchasing group is domiciled, is:



(a) For a corporation, the state in which the purchasing group is

incorporated; and



(b) For an unincorporated entity, the state of its principal place of

business;



(4) "Hazardous financial condition", that, based on its present or

reasonably anticipated financial condition, a risk retention group, although

not yet financially impaired or insolvent, is unlikely to be able:



(a) To meet obligations to policyholders with respect to known claims and

reasonably anticipated claims; or



(b) To pay other obligations in the normal course of business;



(5) "Insurance", primary insurance, excess insurance, reinsurance,

surplus lines insurance, and any other arrangement for shifting and

distributing risk which is determined to be insurance under the laws of this

state;



(6) "Liability":



(a) Legal liability for damages, including costs of defense, legal costs

and fees, and other claims expenses, because of injuries to other persons,

damage to their property, or other damage or loss to such other persons

resulting from or arising out of:



a. Any business whether profit or nonprofit, trade, product, services,

including professional services, premises, or operations; or



b. Any activity of any state or local government, or any agency or

political subdivision thereof; and



(b) Does not include personal risk liability and an employer's liability

with respect to its employees other than legal liability under the Federal

Employers' Liability Act (45 U.S.C. 51 et seq.);



(7) "Personal risk liability", liability for damages because of injury to

any person, damage to property, or other loss or damage resulting from any

personal, familial, or household responsibilities or activities;



(8) "Plan of operation or a feasibility study", an analysis which

presents the expected activities and results of a risk retention group

including, at a minimum:



(a) Information sufficient to verify that its members are engaged in

businesses or activities similar or related with respect to the liability to

which such members are exposed by virtue of any related, similar or common

business, trade, product, services, premises or operations;



(b) For each state in which it intends to operate, the coverages,

deductibles, coverage limits, rates, and rating classification systems for

each line of insurance the group intends to offer;



(c) Historical and expected loss experience of the proposed members and

national experience of similar exposures to the extent that this experience

is reasonably available;



(d) Pro forma financial statements and projections;



(e) Appropriate opinions by a qualified, independent casualty actuary,

including a determination of minimum premium or participation levels required

to commence operations and to prevent a hazardous financial condition;



(f) Identification of management, underwriting and claims procedures,

marketing methods, managerial oversight methods, investment policies and

reinsurance agreements;



(g) Identification of each state in which the risk retention group has

obtained, or sought to obtain, a charter and license, and a description of

its status in each such state; and



(h) Such other matters as may be prescribed by the commissioner of the

state in which the risk retention group is chartered for liability insurance

companies authorized by the insurance laws of that state;



(9) "Product liability", liability for damages because of any personal

injury, death, emotional harm, consequential economic damage, or property

damage, including damages resulting from the loss of use of property, arising

out of the manufacture, design, importation, distribution, packaging,

labeling, lease, or sale of a product, but does not include the liability of

any person for those damages if the product involved was in the possession of

such a person when the incident giving rise to the claim occurred;



(10) "Purchasing group", any group which:



(a) Has as one of its purposes the purchase of liability insurance on a

group basis;



(b) Purchases such insurance only for its group members and only to cover

their similar or related liability exposure, as described in paragraph (c) of

this subdivision;



(c) Is composed of members whose businesses or activities are similar or

related with respect to the liability to which members are exposed by virtue

of any related, similar or common business, trade, product, services,

premises or operations; and



(d) Is domiciled in any state;



(11) "Risk retention group", any corporation or other limited liability

association:



(a) Whose primary activity consists of assuming and spreading all, or any

portion, of the liability exposure of its group members;



(b) Which is organized for the primary purpose of conducting the activity

described under paragraph (a) of this subdivision;



(c) Which:



a. Is chartered and licensed as a liability insurance company and

authorized to engage in the business of insurance under the laws of any

state; or



b. Before January 1, 1985, was chartered or licensed and authorized to

engage in the business of insurance under the laws of Bermuda or the Cayman

Islands and, before such date, had certified to the insurance commissioner of

at least one state that it satisfied the capitalization requirements of such

state, except that any such group shall be considered to be a risk retention

group only if it has been engaged in business continuously since such date

and only for the purpose of continuing to provide insurance to cover product

liability or completed operations liability;



(d) Which does not exclude any person from membership in the group solely

to provide for members of such a group a competitive advantage over such a

person;



(e) Which:



a. Has as its owners only persons who comprise the membership of the

risk retention group and who are provided insurance by such group; or



b. Has as its sole owner an organization which has as its members only

persons who comprise the membership of the risk retention group and has as

its owners only persons who comprise the membership of the risk retention

group and who are provided insurance by such group;



(f) Whose members are engaged in businesses or activities similar or

related with respect to the liability of which such members are exposed by

virtue of any related, similar or common business trade, product, services,

premises or operations;



(g) Whose activities do not include the provision of insurance other than:



a. Liability insurance for assuming and spreading all or any portion of

the liability of its group members; and



b. Reinsurance with respect to the liability of any other risk retention

group or any members of such other group which is engaged in businesses or

activities so that such group or member meets the requirement described in

paragraph (f) of this subdivision from membership in the risk retention group

which provides such reinsurance; and



(h) The name of which includes the phrase "risk retention group";



(12) "State", any state of the United States or the District of Columbia.



(L. 1991 H.B. 385, et al. § 25)







Top



Missouri General Assembly



Copyright © Missouri Legislature, all rights reserved.