PURPOSE: This rules establishes the procedures for filing proof of financial responsibility by an insurance company not authorized to transact business in Missouri.

1. (1) Section 303.180, RSMo establishes the statutory authority for proving financial responsibility by an insurance company not licensed to transact business in Missouri.

2. (2) The department shall accept a written certificate of financial responsibility for a nonresident vehicle owner or operator if the insurance carrier does the following:

   1. (A) Executes a power of attorney as described in the following form entitled Power of Attorney to Accept Service of Process;
   2. (B) Executes and certifies a resolution of the insurance company as described in the following form entitled Certified Copy of Resolution; and
   3. (C) Submits a certificate which conforms to all requirements of Chapter 303, RSMo as prescribed by the department.
3. (3) An approved power of attorney and resolution authorizes the director to receive and accept service of notice or process in any action arising out of a motor vehicle accident in this state.
4. (4) An approved power of attorney and resolution shall be valid for a period of three (3) years from date of filing notwithstanding the provisions of section 303.180, RSMo and shall be renewed at the request of the department.
5. (5) If any insurance company which is not authorized to transact business in Missouri, but has complied with the requirements set out in subsections (2)(A)–(C) of this rule, defaults on the requirements contained in subsections (2)(A)–(C), the director shall no longer accept from the company any certificates of financial responsibility for as long as the default continues. No certificates of financial responsibility previously filed or subsequently tendered shall be accepted for as long as the default continues.

AUTHORITY: section 303.290, RSMo (1986).* Original rule filed May 7, 1987,