Policy and Endorsement Forms

PURPOSE: This rule specifies policy provisions to be found in all Workers’ Compensation policies. In addition, there are specifications for approval or disapproval by the director. This rule was adopted pursuant to the provisions of section 374.045, RSMo and implements section 287.310, RSMo. (1) All insurers issuing Workers’ Compensation and employers’ liability policies in this state shall— (A) Submit all policy forms to the department for specific approval prior to offering, selling, or negotiating such coverage; (B) Submit all endorsements related to the basic policy that have not been submitted by a filing agency on behalf of its members and subscribers; (C) Employ the use of the standard provisions for Workers’ Compensation and employers’ liability policies; (D) Attach an approved form entitled “Application of Limits of Liability Endorsement—Missouri” to all policies of Workers’ Compensation and employers’ liability insurance issued in Missouri; and (E) Exclude any agreement, warranty, or representation by the insured pertaining to prior cancellation or refusal to renew coverage by a previous insurance carrier. (2) It is not permissible for a company to issue group Workers’ Compensation and employers’ liability policies. (3) It is not permissible for a company to issue both participating and nonparticipating policies of Workers’ Compensation insurance. (4) For those companies issuing participating policies, neither the company nor its insurance producers shall guarantee or promise to a policyholder or prospective policyholder any amount or percentage of dividends to be paid. AUTHORITY: sections 287.310 and 374.045, RSMo 2016.* This rule was previously filed as 4 CSR 190-18.010. This version of rule filed July 27, 1964, effective Aug. 6, 1964. Amended: Filed Dec. 5, 1969, effective Dec. 15, 1969. Amended: Filed Oct. 30, 1974, effective Nov. 9, 1974. Amended: Filed July 12, 2002, effective Jan. 30, 2003. Amended: Filed March 8, 2019, effective Oct. 30, 2019. *Original authority: 287.310, RSMo 1939, amended 1992, 2003 and 374.045, RSMo 1967, amended 1993, 1995, 2008.