303.190. Motor vehicle liability policy, contents.
Motor vehicle liability policy, contents.
303.190. 1. A "motor vehicle liability policy" as said term is usedin this chapter shall mean an owner's or an operator's policy of liabilityinsurance, certified as provided in section 303.170 or section 303.180 asproof of financial responsibility, and issued, except as otherwise providedin section 303.180 by an insurance carrier duly authorized to transactbusiness in this state, to or for the benefit of the person named thereinas insured.
2. Such owner's policy of liability insurance:
(1) Shall designate by explicit description or by appropriatereference all motor vehicles with respect to which coverage is thereby tobe granted;
(2) Shall insure the person named therein and any other person, asinsured, using any such motor vehicle or motor vehicles with the express orimplied permission of such named insured, against loss from the liabilityimposed by law for damages arising out of the ownership, maintenance or useof such motor vehicle or motor vehicles within the United States of Americaor the Dominion of Canada, subject to limits, exclusive of interest andcosts, with respect to each such motor vehicle, as follows: twenty-fivethousand dollars because of bodily injury to or death of one person in anyone accident and, subject to said limit for one person, fifty thousanddollars because of bodily injury to or death of two or more persons in anyone accident, and ten thousand dollars because of injury to or destructionof property of others in any one accident; and
(3) May exclude coverage against loss from liability imposed by lawfor damages arising out of the use of such motor vehicles by a member ofthe named insured's household who is a specifically excluded driver in thepolicy.
3. Such operator's policy of liability insurance shall insure theperson named as insured therein against loss from the liability imposedupon him or her by law for damages arising out of the use by him or her ofany motor vehicle not owned by him or her, within the said territoriallimits and subject to the same limits of liability as are set forth abovewith respect to any owner's policy of liability insurance.
4. Such motor vehicle liability policy shall state the name andaddress of the named insured, the coverage afforded by the policy, thepremium charged therefor, the policy period and the limits of liability,and shall contain an agreement or be endorsed that insurance is providedthereunder in accordance with the coverage defined in this chapter asrespects bodily injury and death or property damage, or both, and issubject to all the provisions of this chapter.
5. Such motor vehicle liability policy need not insure any liabilitypursuant to any workers' compensation law nor any liability on account ofbodily injury to or death of an employee of the insured while engaged inthe employment, other than domestic, of the insured, or while engaged inthe operation, maintenance or repair of any such motor vehicle nor anyliability for damage to property owned by, rented to, in charge of ortransported by the insured.
6. Every motor vehicle liability policy shall be subject to thefollowing provisions which need not be contained therein:
(1) The liability of the insurance carrier with respect to theinsurance required by this chapter shall become absolute whenever injury ordamage covered by said motor vehicle liability policy occurs; said policymay not be canceled or annulled as to such liability by any agreementbetween the insurance carrier and the insured after the occurrence of theinjury or damage; no statement made by the insured or on his or her behalfand no violation of said policy shall defeat or void said policy;
(2) The satisfaction by the insured of a judgment for such injury ordamage shall not be a condition precedent to the right or duty of theinsurance carrier to make payment on account of such injury or damage;
(3) The insurance carrier shall have the right to settle any claimcovered by the policy, and if such settlement is made in good faith, theamount thereof shall be deductible from the limits of liability specifiedin subdivision (2) of subsection 2 of this section;
(4) The policy, the written application thereof, if any, and anyrider or endorsement which does not conflict with the provisions of thischapter shall constitute the entire contract between the parties.
7. Any policy which grants the coverage required for a motor vehicleliability policy may also grant any lawful coverage in excess of or inaddition to the coverage specified for a motor vehicle liability policy andsuch excess or additional coverage shall not be subject to the provisionsof this chapter. With respect to a policy which grants such excess oradditional coverage the term "motor vehicle liability policy" shall applyonly to that part of the coverage which is required by this section.
8. Any motor vehicle liability policy may provide that the insuredshall reimburse the insurance carrier for any payment the insurance carrierwould not have been obligated to make under the terms of the policy exceptfor the provisions of this chapter.
9. Any motor vehicle liability policy may provide for the proratingof the insurance thereunder with other valid and collectible insurance.
10. The requirements of a motor vehicle liability policy may befulfilled by the policies of one or more insurance carriers which policiestogether meet such requirements.
11. Any binder issued pending the issuance of a motor vehicleliability policy shall be deemed to fulfill the requirement for such apolicy.
(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, RSMo 379.201, 379.203
(1991) Where motorist''s policy did not contain language that purports to meet the requirements of the financial responsibility law, it was motorist''s responsibility to purchase coverage in compliance with the law. Because an insured can meet the requirements of the financial responsibility law by combining the policies of several different insurers, no insurer can be held liable for a deficiency of coverage unless its policy states that it alone meets the requirements of the law. Dairyland Insurance Co. v. Morse, 771 F.Supp. (E.D.Mo.).
(1991) Section expresses the public policy of Missouri. A clause which excludes coverage for member of immediate family in automobile insurance policy denies coverage for liability which the law recognizes; therefore, family exclusion clause is void as against the public policy of Missouri. State Farm Mutual Automobile Insurance Co. v. Monday, 847 S.W.2d 468 (Mo.App.W.D.)
(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).