FIRST REGULAR SESSION
92ND GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE LUETKEMEYER.
Read 1st time March 6, 2003, and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To amend chapter 374, RSMo, by adding thereto one new section relating to exhaustion of administrative remedies for insurance-related lawsuits.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 374, RSMo, is amended by adding thereto one new section, to be known as section 374.1000, to read as follows:
374.1000. 1. A court shall abate or dismiss an action filed against an insurance entity unless the court determines that:
(1) The interpretation, application, or violation of an insurance-related statute or rule involves only a question of law; and
(2) The department of insurance may not make any findings of fact or conclusions of law or issue any orders that would aid the court in resolving the action.
2. A court may abate or dismiss an action filed against an insurance entity if the court determines that the department of insurance may order in a contested case all or part of the relief the claimant seeks. The court shall specify in its order of abatement or dismissal the portion of the statute on which the court bases its order.
3. A court that abates an action under this section:
(1) Shall refer specific issues or claims within the jurisdiction of the department of insurance to the department of insurance for action; and
(2) May direct the department of insurance to report to the court periodically concerning the disposition of the matters referred to the agency.
4. The statute of limitations for an action dismissed or abated under this section is tolled for the period during which the claimant seeks an administrative remedy.
5. The court shall provide that the period of abatement is at least six months from the date the court enters the order of abatement or such other reasonable time as the court may determine.
6. Relief awarded to a claimant may be adequate even if the relief does not include exemplary damages, multiple damages, attorneys' fees, or court costs.
7. This section applies only to a civil action filed against an insurance entity in which:
(1) A claimant seeks recovery of damages on behalf of a class of claimants; and
(2) The interpretation, application, or violation of an insurance-related statute or rule is involved for at least one defendant.
8. For purposes of this section, an "insurance entity" is any entity required to be licensed under the insurance laws of this state.