PURPOSE: This rule implements and administers sections 375.147–375.153, RSMo regarding who must file.

1. (1) Who Must File. An insurer must file the documents required under 20 CSR 200- 10.200 for appointment of a managing general agent (MGA), if the insurer is—

   1. (A) A foreign insurer holding a certificate of authority to transact insurance business in this state and has any person, firm, association or corporation who with respect to any risk or risks located in this state produces, directly or indirectly, and underwrites an amount of gross premium equal to or more than five percent (5%) of the policyholder surplus as reported in any one (1) quarter or year together with one (1) or both of the following:

      1. 1. Adjusts or pays claims in excess of

one thousand dollars ($1,000) per claim or five percent (5%) of the insurer’s policyholders’ surplus in the aggregate per year; or

1. 2. Negotiates reinsurance on behalf of

the insurer; or

1. (B) Domiciled in this state and has any person, firm, association or corporation who produces, directly or indirectly, and underwrites an amount of gross premium equal to more than five percent (5%) of the policyholders’ surplus as reported in any one (1) quarter or year together with one (1) or both of the following:

   1. 1. Adjusts or pays claims in excess of

one thousand dollars ($1,000) per claim or five percent (5%) of the insurer’s policyholders’ surplus in the aggregate per year; or

1. 2. Negotiates reinsurance on behalf of

the insurer.

1. (2) Exceptions. Notwithstanding the provisions of section (1) of this rule, no insurer need file for appointment as an MGA any of the following persons:

   1. (A) An employee of the insurer;
   2. (B) A manager of the United States branch of an alien insurer;
   3. (C) An underwriting manager which, pursuant to contract, manages all the insurance operations of the insurer, is under common control with the insurer and has its transactions with the insurer subject to the provisions of Chapter 382, RSMo;
   4. (D) A person acting solely as a third-party administrator and who is registered under section 375.925, RSMo; and
   5. (E) The authorized attorney-in-fact acting on behalf of subscribers of a reciprocal or interinsurance exchange.

AUTHORITY: sections 374.045 and 375.153, RSMo 2000.* This rule was previously filed as 4 CSR 190-11.340(1) and (2). Original rule filed Jan. 22, 1991, effective July 8, 1991. Amended: Filed June 16, 1992, effective Feb. 26, 1993. Amended: Filed Aug. 29, 2003, effective Feb. 29, 2004. *Original authority: 374.045, RSMo 1967 amended 1993, 1995 and 375.153, RSMo 1990.