Mo. Code Regs. Ann. tit. 20, § 400-1.050
Suicide No Defense to Payment
Effective Jan 1, 1986sections 375.045, 375.445, and 376.675, RSMo 1986.* This rule was previously filed as 4 CSR 190-13.110. This version of rule filed Sept. 5, 1975, effective Sept. 15, 1975. Amended: Filed May 13, 1985, effective Jan. 1, 1986Life, Annuities and Health
PURPOSE: This rule sets out mandatory riders dealing with the nonavailability of suicide as a defense to payment of life insurance benefits in Missouri. This rule was adopted pursuant to the provisions of section 375.045, RSMo and to implement sections 375.445, 376.620 and 376.675, RSMo.
- (1) Scope of Requirement. No policy of life insurance whether group, individual or any other form, will be approved for sale to Missouri citizens unless it clearly and conspicuously includes, by approved rider, endorsement or printing, appropriate wording equivalent to that contained in section (2). No life insurance policy may be sold to a Missouri citizen unless it complies with this rule.
(2) Statement Required.
- (A) Life insurance (covering essentially only the contingency of when death may occur) policies, whether group, individual or any other form, must include by attached rider or endorsement or by printing in the policy, the following statement or an equivalent statement: “Suicide is no defense to payment of life insurance benefits nor is suicide while insane a defense to payment of accidental death benefits, if any, under this policy where the policy is issued to a Missouri citizen, unless the insurer can show that the insured intended suicide when s/he applied for the policy, regardless of any language to the contrary in the policy”.
- (B) In those instances where a group life policy is utilized that contains no exclusion for suicide but does contain an accidental death provision or rider that excludes suicide while sane or insane, the following statement or equivalent statement must be included by rider, endorsement or printing in the policy: “Suicide while insane is no defense to payment under the accidental death provisions of this contract where the policy is issued to a Missouri citizen unless the company can show that the insured intended suicide when s/he applied for the insurance, regardless of any language to the contrary in this policy. Suicide while sane is a defense.”
(3) Notice to Missouri Citizens.
- (A) The following appropriate notice must be clearly imprinted by stamp or otherwise over the face of any nonconforming suicide clause contained in the body of any policy, rider or certificate: “See endorsement attached” or “See rider attached.”
- (B) The notice and appropriate statement must be affixed to any policy or rider issued to a Missouri citizen, or to any certificate of group coverage where the group policy under which the certificate is issued to a Missouri citizen.
- (C) The appropriate statement required by section (2) must be contained in any life insurance contract form approved for use in this state which would restrict coverage because of suicide.
- (4) Applicability. This rule shall apply to all legal reserve and assessment life insurance companies. This rule does not apply to life policies issued by stipulated premium companies or fraternal benefit societies.
- (5) Time for Compliance. Any previously approved rider, endorsement, reprinted policy or other contract form, in compliance with 20 CSR 400-1.050, dated March 16, 1975, is deemed to comply with 20 CSR 400-1.050.
AUTHORITY: sections 375.045, 375.445, and 376.675, RSMo 1986.* This rule was previously filed as 4 CSR 190-13.110. This version of rule filed Sept. 5, 1975, effective Sept. 15, 1975. Amended: Filed May 13, 1985, effective Jan. 1, 1986.
*Original authority: 374.045, RSMo 1967; 375.445, RSMo 1967; 376.675, RSMo 1963, amended 1984. Pickett v. Equitable Life Assur. Soc. of U.S., 27 SW2d 452 (Mo. App. 1930). Section 376.620, RSMo did not apply where contract consummated outside state.