375.570. Manner of commencing proceedings--petition, contents.
Manner of commencing proceedings--petition, contents.
375.570. 1. Terms used in sections 375.570 to 375.750shall mean as defined in section 375.1152.
2. A formal delinquency proceeding, or seizure as describedin section 375.1164, shall be commenced by filing a verifiedpetition in the name of the director, as plaintiff, against theinsurer, proceeded against as defendant, and said petition shallcontain a brief statement of the condition of the defendant, orof the causes upon which the proceeding is based; it may alsocontain a prayer for temporary or permanent relief, or for both,and shall conclude with a prayer for general relief, under whichprayer the court may grant any relief or issue any injunction orwrit, and make any decrees or orders, under and within theprovisions of sections 375.1150 to 375.1246, as shall be foundadvisable or necessary.
3. The petition shall contain a brief statement of thegrounds upon which the proceeding is based. The petition mayalso contain a prayer for any orders as described in section375.640 or 375.1155.
4. If the petition prays for any preliminary order asdescribed in section 375.580, the petition must be verified bythe director or his chief deputy or assistant director. Thedirector need not plead or prove irreparable harm or inadequateremedy at law as a requirement for the issuance of any suchpreliminary order. The director shall be required to give onlysuch notice to the insurer prior to the issuance of such apreliminary order as is reasonable under the circumstances.
(RSMo 1939 § 6053, A.L. 1992 H.B. 1574)Prior revisions: 1929 § 5942; 1919 § 6350; 1909 § 7080