Standard Fire Policies

PURPOSE: This regulation establishes the standard fire insurance policy for Missouri. This regulation was adopted pursuant to the provision of sections 379.150, 379.160, and 379.840, RSMo. PUBLISHER’S NOTE: The secretary of state has determined that publication of the entire text of the material that is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Policy Form Requirements. (A) The standard fire insurance policy for use by any insuring organization in Missouri is declared to be the 1943 “Standard Fire Insurance Policy of the State of New York,” which is incorporated herein by reference with those changes expressed in this regulation, having been so declared for use in Missouri effective July 1, 1944, with subsequent modification as approved in writing by the director. Any such policy must be clearly designated the “Standard Fire Insurance Policy for Missouri,” although any other state or territory in which this form is standard may be listed before or after the word “Missouri” in this designation. (B) In order to encourage readability in insurance policy forms, the director may approve fire insurance policy forms other than the standard fire insurance policy which otherwise meet all requirements of law and are at least as favorable to the insured as the standard fire insurance policy. (2) Mandated Changes to Standard Fire Policy. (A) These provisions shall apply to all fire insurance policies issued or renewed pursuant to sections 375.001–375.008, 379.160, and 379.810–379.880, RSMo, after August 7, 1964. 1. That portion of the 1943 Standard Fire Insurance Policy of New York which gives “the insured five (5) days’ written notice of cancellation” on line 62 of the policy form shall be given no effect where contained within a policy designated as the “Standard Fire Insurance Policy for Missouri” insuring property located in this state, except as stated in paragraph (2) (A)2. of this regulation. 2. The language in the 1943 Standard Fire Insurance Policy of New York contained in lines 60–67 shall be superseded with the following language printed anywhere on this policy or amendatory endorsement: “This policy may be canceled, not renewed, reduced in amount or adversely modified at any time by the company by giving to the insured thirty (30) days’ written notice of such action with or without tender of the excess of paid premium above the pro rata premium for the expired time, which excess, if not tendered, shall be refunded on demand. Only ten (10) days notice is required where such action is based upon non-payment of premium or evidence of incendiarism by the insured.” 3. The language in lines 141–147 of the 1943 Standard Fire Insurance Policy of New York relating to “company’s options” shall be superseded by the language quoted in section 379.150, RSMo, or by other language that provides coverage for a partial loss caused by fire in a policy form determined and approved by the director to be at least as favorable to the insured as the standard fire insurance policy for Missouri. 4. The language in lines 123–140 of the 1943 Standard Fire Insurance Policy of New York relating to “appraisal” shall be superseded by the following or equivalent language: “In case the insured and this company shall fail to agree as to the actual cash value or the amount of loss, then, on the written demand of either, each shall select a competent and disinterested appraiser and notify the other of the appraiser selected within twenty (20) days of such demand. The appraisers shall first select a competent and disinterested umpire; and failing for fifteen (15) days to agree upon such umpire, then, on request of the insured or this company, such umpire shall be selected by a judge of a court of record in the state and county (or city if the city is not within a county) in which the property covered is located. The appraisers shall then appraise the loss, stating separately actual cash value and loss to each item; and, failing to agree, shall submit their differences, only, to the umpire. The umpire shall make the award within thirty (30) days after the umpire receives the appraisers’ submissions of their differences. An award in writing, so itemized, of any two (2) when filed with this company shall determine the amount of actual cash value and loss. Each appraiser shall be paid by the party selecting such appraiser and the expenses of appraisal and umpire shall be paid by the parties equally.” (B) The language required in section (2) must be printed upon any insurance policies filed for use in Missouri after July 1, 1999. All policy forms filed prior to July 1, 1999, may be amended by endorsement not later than January 1, 2000, to comply with this regulation. (3) Cancellation. (A) Any notice of cancellation, nonrenewal, reduction in amount, or adverse modification issued on or after July 1, 2024, must state the following: 1. That the insured may contact his/her insurance producer or any insurance producer for coverage; 2. The producer’s name, if any, address, and telephone number; 3. The name, address, telephone number, and website address of the Missouri Property Insurance Placement Facility; 4. The reason for cancellation, nonrenewal, reduction in amount, or adverse modification; and 5. That any excess premium not tendered must be refunded within thirty (30) days of this notice. Exhibit A (included herein) contains a model notice which may be varied if the required information is equally prominent in any substitute form of notice. (4) Reciprocal or Interinsurance Exchanges. (A) All fire insurance policies written by reciprocal and interinsurance exchanges shall be subject to the requirement of section (3) of this regulation. (B) Any policy issued by a reciprocal or interinsurance exchange shall state— 1. Whether or not the policy is assessable for contingent liabilities; and 2. The subscriber’s rights, if any, to participation in the earnings or surplus of the exchange. (C) A copy of the subscriber’s agreement with the attorneyin-fact for the exchange shall be attached to the policy or application for coverage. AND INSURANCE EXHIBIT A COMPANY LETTERHEAD Policy Number(s)_________________________________________ Expiration Date__________________________________________ Insured Premises Location_________________________________ This is our office notice that the coverages afforded by the above-numbered policies will be— ‪ Cancelled ‪ Not Renewed ‪ Reduced in Amount ‪ Adversely Modified as Follows: EFFECTIVE: 12:01 A.M. ON THE ______ DAY OF __________, ______ SPECIFIC REASON FOR TAKING ACTION SHOWN ABOVE: ________________________________________________________ ________________________________________________________ ________________________________________________________ If you wish to secure coverages from another insurance carrier, contact your insurance producer immediately. (Producer’s Name, if any) (Address) (City, State, Zip) (Telephone Number) You may also contact any insurance producer. If you are unable to buy coverage through the standard insurance market, an insurance producer may also apply to the Missouri Property Insurance Placement Facility for insurance coverages. Application may be made by mail, online, or in person to the following address: MISSOURI PROPERTY INSURANCE PLACEMENT FACILITY 11116 S. Towne Square, #303, St. Louis MO 63123 Phone: (314) 421-0170 Website: missourifairplan.com Any excess premium must be refunded within thirty (30) days. Yours truly, cc: Insurance Producer cc: Mortgagee AUTHORITY: sections 374.045, 375.003, 375.004, and 379.840, RSMo 2016, and sections 379.118, 379.150, and 379.160, RSMo Supp. 2022.* This rule was previously filed as 4 CSR 190-16.060. This version of the rule filed July 27, 1964, effective Aug. 7, 1964. Amended: Filed June 12, 1970, effective July 1, 1970. Amended: Filed Dec. 23, 1975, effective Jan. 2, 1976. Amended: Filed Feb. 10, 1978, effective June 11, 1978. Amended: Filed March 16, 1988, effective June 13, 1988. Amended: Filed Dec. 15, 1998, effective July 30, 1999. Amended: Filed April 23, 1999, effective Nov. 30, 1999. Amended: Filed July 12, 2002, effective Jan. 30, 2003. Amended: Filed Nov. 10, 2021, effective June 30, 2022. Amended: Filed Feb. 1, 2023, effective Sept. 30, 2023. *Original authority: 374.045, RSMo 1967, amended 1993, 1995, 2008; 375.003, RSMo 1977, amended 2014; 375.004, RSMo 1977, amended 2016; 379.118, RSMo 1973, amended 1974, 1989, 1990, 2008, 2014, 2015, 2016, 2018; 379.150, RSMo 1939, amended 2021; 379.160, RSMo 1939, amended 1957, 1963, 2021; and 379.840, RSMo 1969.