375.630. Examinations and statements, evidentiary effect--case to be decided, when--appeals--attorney fees, paid how.
Examinations and statements, evidentiary effect--case to be decided,when--appeals--attorney fees, paid how.
375.630. 1. In a hearing before the court, master orreferee, certified copies of the statement made by the defendant,or of reports of examinations of the defendant made by thedirector, or persons appointed by him, shall be received asself-authenticated, if offered by the director, as:
(1) Prima facie evidence of the facts therein containedpertaining to the condition and affairs of the defendant;
(2) A rebuttable presumption of the facts contained in anysuch report pertaining to the condition and affairs of thedefendant; and
(3) A rebuttable presumption that the facts pertaining tothe condition and affairs of the defendant as of the examinationdate are true as of the date of the hearing, if such report is asof a date not more than one hundred eighty days preceding thefiling of the petition.
2. The court shall decide the case within the earliestpossible time but no later than fifteen days after the conclusionof the evidence, or ten days after the filing of objections tothe report of the referee or master if the case was referred to areferee or master.
3. If the finding be for the defendant, it shall be lawfulfor the director to appeal the case.
4. If the finding be for the plaintiff, the court shallrender such orders, decrees and judgments as are allowed bysections 375.1150 to 375.1246. Such decree or judgment shall,for all purposes of an appeal, be considered a final judgment,and the defendant may appeal from the same as in other civilcases; provided, the appeal be prayed for and perfected withinfive days after such judgment, and that the bond shall be forsuch an amount as the court may fix; and provided, that no appealnor supersedeas bond shall operate as a dissolution of the orderof the court.
5. Reasonable attorney's fees and other expenses incurredby any person on behalf of an insurer resisting any formaldelinquency proceeding may be paid from the assets of the insureras an expense of administration during the rehabilitation orliquidation, but only after the trial and only if the personmaking the claim for such fees and expenses shows, and if thecourt finds, based on the record and evidence presented at thetrial, that the board of directors of the insurer incurred suchexpenses for the defense of the insurer based upon its* bestknowledge, information and belief formed after reasonable inquiryindicating such defense was well grounded in fact and waswarranted by existing law or a good faith argument for theextension, modification or reversal of existing law and it wasnot pursued for any improper purpose, such as to harass or tocause unnecessary delay or needless increase in the costs oflitigation. Any finding or order awarding such attorney's feesand other expenses shall be appealable as a final judgment, butan appellate court reviewing such finding or order shall notaccord any deference to the findings of fact or conclusions oflaw of the trial court.
(RSMo 1939 § 6056, A.L. 1992 H.B. 1574)Prior revisions: 1929 § 5945; 1919 § 6353; 1909 § 7083
*Word "their" appears in original rolls.