PURPOSE: This rule interprets section 375.1730, RSMo Supp. 2002, and sets forth the types of cost data required to be reported to the department from insurers issuing coverage for dram shop liquor liability and provides for the form referred to in section (3) of this rule to be available on the department’s website.

1. (1) Definitions. When used in this regulation—

   1. (A) Costs associated with coverage means those expenses and fees incurred by insurers relating to dram shop liability coverage that are required to be reported to the director as outlined in the data reporting form required by section (2) of this regulation;
   2. (B) Data elements include premium written and earned, losses paid and incurred, exposures, loss adjustment expenses and defense costs, and other administrative and underwriting expenses included on the statutory state page of the annual statement;
   3. (C) Director means the director of the Department of Insurance;
   4. (D) Dram shop liability coverage means property and casualty liability insurance covering risk associated with commercial vendors licensed to sell intoxicating liquor by the drink for consumption on the premises; and
   5. (E) Insurer means every insurance company authorized to transact insurance business in this state, every unauthorized insurance company transacting business pursuant to Chapter 384, RSMo, every risk retention group, every insurance company issuing insurance to or through a purchasing group, and any other person providing insurance coverage in this state.

2. (2) Report.

   1. (A) Every insurer providing dram shop liability coverage within the state shall submit to the director a report of all costs associated with coverage of its dram shop liability policies during the preceding year. With respect to any insurer transacting business pursuant to Chapter 384, RSMo, filing the report required by this regulation shall be the obligation of the surplus lines licensee originating or accepting the insurance.
   2. (B) The initial report shall be in writing and shall be made to the director by April 30, 2003, for the twelve (12) months ending December 31, 2002, on the form provided by the department. Every subsequent report shall also be in writing and shall be made to the director annually on or before March 31 of each year beginning March 31, 2004, for the twelve (12) months ending December 31 next preceding on the form provided by the department.
3. (3) Forms. The data reporting form required by section (2) of this regulation can be accessed at the department’s website at www.insurance.state.mo.us.

AUTHORITY: sections 374.045 and 536.016, RSMo 2000 and 375.1730, RSMo Supp. 2002.* Original rule filed Oct. 1, 2002, effective March 30, 2003. *Original authority: 374.045, RSMo 1967, amended 1993, 1995; 375.1730, RSMo 2002; and 536.016, RSMo 1997, amended 1999.