375.942. Administrative order for prohibited practices--penalty.
Administrative order for prohibited practices--penalty.
375.942. 1. If the director determines that an insurer has engaged,is engaging, or has taken a substantial step toward engaging in an act,practice, or course of business constituting a violation of sections375.930 to 375.948 or a rule adopted or order issued pursuant thereto, orthat a person has materially aided or is materially aiding a practiceconstituting a violation of sections 375.930 to 375.948 or a rule adoptedor order issued pursuant thereto, the director may issue suchadministrative orders as authorized under section 374.046, RSMo. Eachpractice in violation of section 375.934 is a level two violation undersection 374.049, RSMo. Each act as part of a trade practice does notconstitute a separate violation under section 374.049, RSMo. The directormay also suspend or revoke the license or certificate of authority of aninsurer for any willful violation.
2. If the director believes that an insurer has engaged, is engagingin, or has taken a substantial step toward engaging in an act, practice orcourse of business constituting a violation of sections 375.930 to 375.948or a rule adopted or order issued pursuant thereto, or that a person hasmaterially aided or is materially aiding an act, practice, omission, orcourse of business conduct constituting a violation of sections 375.930 to375.948 or a rule adopted or order issued pursuant thereto, the directormay maintain a civil action for relief authorized under section 374.048,RSMo. Each practice in violation of section 375.934 is a level twoviolation under section 374.049, RSMo. Each act as part of a tradepractice does not constitute a separate violation under section 374.049,RSMo.
(L. 1959 H.B. 251 § 7, A.L. 1978 H.B. 1447, A.L. 1991 S.B. 53, A.L. 2007 S.B. 66)