Failure to Acknowledge Pertinent Communication

PURPOSE: This rule effectuates or aids in the interpretation of section 375.1007(2), RSMo. (1) The following conduct by an insurer is deemed to be the type of conduct set forth in section 375.1007(2). (A) Failing to acknowledge the receipt of a notification of claim from a first party claimant. For the purposes of this subsection, acknowledgment of receipt by an insurer may be made by either: 1. Making payment within ten (10) working days of receipt; 2. Sending the first party claimant a written acknowledgment within ten (10) working days of receipt and maintaining a copy of the written acknowledgment in the claim file of the insurer; or 3. Providing the first party claimant with an oral acknowledgment within ten (10) working days of receipt and making an appropriate notation of the date of this acknowledgment in the claim file of the insurer. (B) Failing to provide an appropriate reply within ten (10) working days on all communications from any claimant that reasonably suggests a response is expected. (2) For the purposes of subsection (1)(A), notification to any agent of the insurer, including a producer representing the insurer, constitutes notification to the insurer. (3) Provision of necessary claim forms, instructions and reasonable assistance to firstparty claimants within ten (10) working days of notification of a claim constitutes compliance with subsection (1)(A) of this rule. AUTHORITY: sections 374.045 and 375.1000–375.1018, RSMo 2016.* This rule was previously filed as 4 CSR 190-10.060(4). Original rule filed Aug. 5, 1974, effective Aug. 15, 1974. Rescinded and readopted: Filed Aug. 16, 1978, effective Dec. 11, 1978. Amended: Filed Sept. 11, 1980, effective Feb. 16, 1981. Amended: Filed Sept. 14, 1981, effective Jan. 15, 1982. Amended: Filed Aug. 4, 1986, effective Jan. 1, 1987. Amended: Filed Jan. 5, 1987, effective June 1, 1987. Amended: Filed Aug. 4, 1987, effective Dec. 24, 1987. Amended: Filed Dec. 9, 1988, effective April 28, 1989. Amended: Filed Nov. 2, 1989, effective Feb. 15, 1990. Emergency amendment filed Feb. 21, 1990, effective March 5, 1990, expired June 2, 1990. Amended: Filed Feb. 26, 1990, effective June 11, 1990. Amended: Filed Dec. 12, 1990, effective June 10, 1991. Amended: Filed Oct. 1, 1996, effective June 30, 1997. Amended: Filed May 13, 2019, effective Nov. 30, 2019. *Original authority: 374.045, RSMo 1967, amended 1993, 1995, 2008 and 375.1000–375.1018 see Missouri Revised Statutes 1994.