385.314. Providers considered agents of insurer, when--indemnification and subrogation.

Providers considered agents of insurer, when--indemnification andsubrogation.

385.314. 1. Providers are considered to be the agent of the insurerwhich issued the reimbursement insurance policy for purposes of obligatingthe insurer to contract holders under service contracts associated with theinsurer's reimbursement policy, and the payment of premium by the provideris not a condition to the insurer's obligations for otherwise validlyissued service contracts.

2. Sections 385.300 to 385.320 shall not prevent or limit the rightof an insurer which issued a reimbursement insurance policy to seekindemnification or subrogation against a provider if the issuer pays or isobligated to pay the service contract holder sums that the provider wasobligated to pay pursuant to the provisions of the product servicecontract.

(L. 2007 H.B. 221)