PURPOSE: This rule specifies policy provisions to be found in all Workers’ Compensation policies. In addition, there are specifications for approval or disapproval by the director. This rule was adopted pursuant to the provisions of section 374.045, RSMo and implements section 287.310, RSMo.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) All Workers’ Compensation and employers’ liability policy forms must be submitted to the Department of Insurance for specific approval. All endorsements attached to or made a part of the basic policy which have not been submitted by a filing agency on behalf of its members and subscribers must be submitted by each company.
2. (2) All companies are required to employ the use of the standard provisions for Workers’ Compensation and employers’ liability policies.
3. (3) All provisions of Workers’ Compensation and employers’ liability policies which have not been approved under a uniform filing program must be submitted in duplicate by each company for specific approval. This shall include all mutual and the participating provisions and any special provisions pertaining to subscribers’ agreements of reciprocal companies.
4. (4) An approved form entitled “Application of Limits of Liability Endorsement—Missouri” must be attached to all policies of Workers’ Compensation and employers’ liability insurance issued in Missouri.
5. (5) All policies issued must comply with the counter-signature requirements of this state.
6. (6) All policies shall exclude any agreement, warranty or representation by the insured pertaining to prior cancellation or refusal to renew coverage by a previous carrier.
7. (7) It is not permissible for a company to issue group Workers’ Compensation and employers’ liability policies.
8. (8) It is not permissible for a company to issue both participating and nonparticipating policies of Workers’ Compensation insurance.
9. (9) For those companies issuing participating policies, neither the company nor its agents shall guarantee or promise to a policyholder or prospective policyholder the amount or percentage of dividends to be paid.

AUTHORITY: sections 287.310, RSMo (Cum. Supp. 1992) and 374.045, RSMo (1986).* This rule was previously filed as 4 CSR 190- 18.010. This version of rule filed July 27, 1964, effective Aug. 6, 1964. Amended: Filed Dec. 5, 1969, effective Dec. 15, 1969. Amended: Filed Oct. 30, 1974, effective Nov. 9, 1974. *Original authority: 287.310, RSMo (1939) amended 1992 and 374.045, RSMo (1967).