§ 375.570 — Manner of commencing proceedings — petition, contents.

Missouri § 375.570

• Jurisdiction: Missouri
• Title XXIV: BUSINESS AND FINANCIAL INSTITUTIONS
• Ch. 375: Provisions Applicable to All Insurance Companies

Text

1.  Terms used in sections 375.570 to 375.750 shall mean as defined in section 375.1152 .

2.  A formal delinquency proceeding, or seizure as described in section 375.1164 , shall be commenced by filing a verified petition in the name of the director, as plaintiff, against the insurer, proceeded against as defendant, and said petition shall contain a brief statement of the condition of the defendant, or of the causes upon which the proceeding is based; it may also contain a prayer for temporary or permanent relief, or for both, and shall conclude with a prayer for general relief, under which prayer the court may grant any relief or issue any injunction or writ, and make any decrees or orders, under and within the provisions of sections 375.1150 to 375.1246 , as shall be found advisable or necessary.

3.  The petition shall contain a brief statement of the grounds upon which the proceeding is based.  The petition may also contain a prayer for any orders as described in section 375.640 or 375.1155 .

4.  If the petition prays for any preliminary order as described in section 375.580 , the petition must be verified by the director or his chief deputy or assistant director.  The director need not plead or prove irreparable harm or inadequate remedy at law as a requirement for the issuance of any such preliminary order.  The director shall be required to give only such notice to the insurer prior to the issuance of such a preliminary order as is reasonable under the circumstances.

Legislative History

(RSMo 1939 § 6053, A.L. 1992 H.B. 1574) Prior revisions: 1929 § 5942; 1919 § 6350; 1909 § 7080