PURPOSE: This regulation specifies requirements for issuance of participating policies of property and casualty insurance and provisions in all mutual policies other than life. This regulation was adopted pursuant to the provisions of section 374.045, RSMo and implements sections 379.160 and 379.265, RSMo.

1. (1) Prerequisites for Issuance of Participating Policies.

   1. (A) Any stock insurance company licensed to do business in Missouri may issue participating property and casualty policies, provided that the company shall first—

      1. 1. Submit to the director of the department evidence of

proper specific charter authority; and

1. 2. File with the director of the department for approval

the form of all participating property and casualty policies proposed to be issued in Missouri.

1. (B) No company shall issue both participating and nonparticipating plans for the same class of risk, that is, multiperil, mercantile, dwelling, homeowners, etc.

1. (2) Provisions in All Mutual Policies Other Than Life.

   1. (A) Each policy issued by any mutual insurance company to insure property located in Missouri shall include the following or words meaning substantially the same:

      1. 1. "By acceptance of this policy, the named insured

becomes a member of the company and shall be entitled to vote at all meetings of the members and, upon termination of this policy, shall participate in the distribution of dividends as fixed and determined by the directors in accordance with the law";

1. 2. If not assessable, "This policy is not assessable. Your

liability as a policyholder and member of the company under this policy is limited to payment of premium";

1. 3. If assessable, "This policy is assessable under the

provisions of section _______ RSMo. As a policyholder and member of the company, you may be required to make additional contributions to help meet excessive losses." (Insert proper statute); and

1. 4. Notice of the time, date, and place of the regular annual

meetings of the members, unless notified otherwise.

AUTHORITY: sections 374.045, 379.160, and 379.265, RSMo 2016.* This rule was previously filed as 4 CSR 190-16.070. This version of rule filed Dec. 5, 1969, effective Dec. 15, 1969. Amended: Filed Dec. 20, 1974, effective Dec. 30, 1974. Amended: Filed Dec. 13, 2018, effective July 30, 2019. *Original authority: 374.045, RSMo 1967, amended 1993, 1995, 2008; 379.160, RSMo 1939, amended 1957, 1963; and 379.265, RSMo 1939.