No. 24-80
Opinion Letter to The Honorable Richard J. Fredrick
Cite as Mo. Op. Att'y Gen. No. 24-80
January 31, 1980
The Honorable Richard J. Fredrick
Director, Division of Insurance
515 East Hieh Street
Jefferson City, Missouri 65101
Dear Mr. Fredrick:
OPINION LETTER NO. 24
(Answer by Letter-Klaf fenbach)
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This letter is in response to your questions asking whether
the director of the Missouri Division of Insurance has authority
to disclose to private persons the names and addresses of persons
who obtain property insurance through the Missouri Property
Insurance Placement Program, Sections 379 . 810, et seq., RSMo, for
the purpose of notifying such persons that insurance may be avail-
able in the voluntary market .
It is our understanding that the records about which you
inquire are not records of the Division of Insurance but are
records of the private association of insurance companies involved
in the plan. It is also our understanding that it is doubtful
that there is presently any reason for the director of t he Divi-
sion of Insurance to request such records.
Apparently the only
way the director of the Division of Insurance could obtain such
records would be to request them for the sole purpose of making
such records available to the public. It is also our understand-
ing that the attorneys representing the insurance companies
involved or the managing officers of such association have taken
the position that such records may not legally be made available
to the public although they have declined to provide us with
their views.
Under these circumstances, we conclude that such records
are not public records and that the director of the Division of
The Honorable Richard J. Fredrick
Insurance has no authority to obtain these records solely for
the purpose of making such records public.
Very truly yours,
JOHN ASHCROFT
Attorney General
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