375.310. Unauthorized persons or corporations enjoined from transaction of insurance business, penalty.
Unauthorized persons or corporations enjoined from transaction ofinsurance business, penalty.
375.310. 1. It is unlawful for any person, association ofindividuals, or any corporation to transact in this state any insurancebusiness unless the person, association, or corporation is duly authorizedby the director under a certificate of authority or appropriate licensure,or is an insurance company exempt from certification under section 375.786.
2. If the director determines that a person has engaged, is engagingin, or has taken a substantial step toward engaging in an act, practice orcourse of business constituting a violation of this section or a ruleadopted or order issued pursuant thereto, or that a person has materiallyaided or is materially aiding an act, practice, omission, or course ofbusiness constituting a violation of this section or a rule adopted ororder issued pursuant thereto, the director may issue such administrativeorders as authorized under section 374.046, RSMo. A violation of thissection is a level four violation under section 374.049, RSMo.
3. If the director believes that a person has engaged, is engagingin, or has taken a substantial step toward engaging in an act, practice orcourse of business constituting a violation of this section or a ruleadopted or order issued pursuant thereto, or that a person has materiallyaided or is materially aiding an act, practice, omission, or course ofbusiness constituting a violation of this section or a rule adopted ororder issued pursuant thereto, the director may maintain a civil action forrelief authorized under section 374.048, RSMo. A violation of this sectionis a level four violation under section 374.049, RSMo.
4. Any person who knowingly engages in any act, practice, omission,or course of business in violation of this section is guilty of a class Dfelony.
5. The director may refer such evidence as is available concerningviolations of this chapter to the proper prosecuting attorney, who with orwithout a criminal reference, or the attorney general under section 27.030,RSMo, may institute the appropriate criminal proceedings.
6. Nothing in this section shall limit the power of the state topunish any person for any conduct that constitutes a crime under any otherstate statute.
(RSMo 1939 § 6020, A.L. 1965 p. 573, A.L. 2007 S.B. 66)Prior revisions: 1929 § 5909; 1919 § 6322; 1909 § 7054
(1974) Employer's payment directly to its employees of sickness and medical benefits does not constitute doing of "insurance business". State ex rel. Farmer v. Monsanto Co. (Mo.), 517 S.W.2d 129.