379.361. Violations, penalties.
Violations, penalties.
379.361. 1. If the director determines that any insurer or filingorganization has engaged, is engaging in, or has taken a substantial steptoward engaging in an act, practice or course of business constituting aviolation of section 379.017 and sections 379.316 to 379.361 or a ruleadopted or order issued pursuant thereto, or that a person has materiallyaided or is materially aiding an act, practice, omission, or course ofbusiness constituting a violation of section 379.017 and sections 379.316to 379.361 or a rule adopted or order issued pursuant thereto, the directormay issue such administrative orders as authorized under section 374.046,RSMo. A violation of any of these sections is a level two violation undersection 374.049, RSMo. The practice of using a rate not in effect undersection 379.321, if caused by a single act or omission by the insurer orfiling organization, is a level two violation under section 374.049, RSMo.Each act as part of a rating violation does not constitute a separateviolation under section 374.049, RSMo. The director may also suspend orrevoke the license or certificate of authority of an insurer or filingcompany for any willful violation.
2. If the director believes that a person has engaged, is engagingin, or has taken a substantial step toward engaging in an act, practice orcourse of business constituting a violation of section 379.017 and sections379.316 to 379.361 or a rule adopted or order issued pursuant thereto, orthat a person has materially aided or is materially aiding an act,practice, omission, or course of business constituting a violation ofsection 379.017 and sections 379.316 to 379.361 or a rule adopted or orderissued pursuant thereto, the director may maintain a civil action forrelief authorized under section 374.048, RSMo. A violation of any of thesesections is a level two violation under section 374.049, RSMo. Thepractice of using a rate not in effect under section 379.321, if caused bya single act or omission by the insurer or filing organization, is a leveltwo violation under section 374.049, RSMo. Each act as part of a ratingviolation does not constitute a separate violation under section 374.049,RSMo.
(L. 1972 S.B. 547 § 20, A.L. 2007 S.B. 66)