374.160. Expenses, how paid--state liability--assessment against companies, director to make, how.
Expenses, how paid--state liability--assessment against companies,director to make, how.
374.160. 1. The expenses of examinations, valuations or proceedingsagainst any company, and for dissolving or settling the affairs ofcompanies are to be paid by the company, or as provided by law. The stateshall not be responsible in any manner for the payment of any suchexpenses, or any charges connected therewith.
2. At the request of the director, every domestic insurance companyor health maintenance organization subject to an order of conservation,rehabilitation, or liquidation shall reimburse the insurance dedicated fundfor administrative services rendered by state employees to the company.Reimbursement shall include that portion of the employee's salary, statebenefits, and expenses that specifically relates to the services renderedon behalf of the company.
3. All other expenses of the department of insurance, financialinstitutions and professional registration now or hereafter incurred andunpaid, or that may be hereafter incurred, including the salaries of thedirector and deputy director, shall be paid out of the state treasury inthe manner provided by law.
4. The director shall assess the expenses of any examination againstthe company examined and shall order that the examination expenses be paidinto the insurance examiners fund created by section 374.162. Thisassessment shall include the costs of compensation, including benefits, forthe examiners, analysts, actuaries, and attorneys directly contributing tothe examination of the company, any reasonable travel, lodging, and mealexpenses related to an on-site examination, and other expenses related tothe examination of the company, including an allocation for examiners'office space, supplies, and equipment, but not expenses associated withattending a course, seminar, or meeting, unless solely related to theexamination of the company assessed. The director shall pay from theinsurance examiners fund the compensation of insurance examiners, analysts,actuaries, and attorneys, including standard benefits afforded to stateemployees, for performance of any such examination and other expensescovered in the assessment. The general assembly shall annually provideappropriations sufficient to distribute all receipts into the insuranceexaminers fund. The provisions of section 33.080, RSMo, relating to thetransfer of unexpended balances to the general revenue fund shall not applyto the insurance examiners fund.
5. If any company shall refuse to pay the expenses of anyexamination, valuation or proceeding assessed by the director pursuant tothis section, the company shall be liable for double the amount of suchexpenses and all costs of collection, including attorney's fees. Thecompany shall not be entitled to a credit, pursuant to section 148.400,RSMo, for any fees, expenses or costs ordered pursuant to this subsectionother than in the amount of the expenses originally assessed by thedirector. All amounts collected pursuant to this subsection shall becredited to the insurance examiners fund.
(RSMo 1939 § 5789, A.L. 1945 p. 1018, A.L. 1980 H.B. 1266, A.L. 1991 H.B. 385, et al., A.L. 2007 S.B. 66)Prior revisions: 1929 § 5679; 1919 § 6090; 1909 § 6884
(1962) Attorneys' fees, arising under 1930 agreement whereby director had agreed to pay attorneys out of unreturned excess premiums which attorneys might be successful in recovering from companies, could not be allowed as department expense payable out of current appropriations and state was not liable for fees by estoppel where method of payment provided in contract was invalid. State ex rel. Johnson v. Leggett (Mo.), 359 S.W.2d 790.