375.041. Annual statement convention blank to be filed with NAIC, exception--dissemination of data not to create civil liability--failure to file, effect.
Annual statement convention blank to be filed with NAIC,exception--dissemination of data not to create civilliability--failure to file, effect.
375.041. 1. The provisions of this section shall apply to all domestic,foreign and alien insurers who are authorized to transact business in thisstate, and shall also apply to those companies organized and authorized totransact business in this state pursuant to the provisions of chapter 354,377, 378 or 381, RSMo.
2. Each domestic, foreign and alien insurer who is authorized totransact insurance in this state, and each company organized and authorized totransact business in this state pursuant to the provisions of chapter 354,377, 378 or 381, RSMo, shall annually, on or before March first of each year,file with the National Association of Insurance Commissioners a copy of itsannual statement convention blank, along with such additional filings asprescribed by the director of the department of insurance, financialinstitutions and professional registration for the preceding year. Theinformation filed with the National Association of Insurance Commissionersshall be in the same format and scope as that required by the director of thedepartment of insurance, financial institutions and professional registrationand shall include the signed jurat page and the actuarial certification. Anyamendments and addendums to the annual statement filing subsequently filedwith the director of the department of insurance, financial institutions andprofessional registration shall also be filed with the National Association ofInsurance Commissioners. Foreign insurers that are domiciled in a state whichhas a law substantially similar to this subsection shall be deemed incompliance with this subsection.
3. In the absence of actual malice, or gross negligence, members of theNational Association of Insurance Commissioners, their duly authorizedcommittees, subcommittees and task forces, their delegates, NationalAssociation of Insurance Commissioners' employees, and all others charged withthe responsibility of collecting, reviewing, analyzing and disseminating theinformation developed from the filing of the annual statement conventionblanks shall be acting as agents of the director of the department ofinsurance, financial institutions and professional registration under theauthority of this section and shall not be subject to civil liability forlibel, slander or any other cause of action by virtue of their collection,review and analysis or dissemination of the data and information collectedfrom the filings required under this section.
4. The director of the department of insurance, financial institutionsand professional registration may suspend, revoke or refuse to renew thecertificate of authority of any insurer failing to file its annual statementwhen due or within any extension of time which the director, for good cause,may have granted.
(L. 1985 S.B. 329, A.L. 1992 H.B. 1574)