# Mo. Rev. Stat. § 374.040: 374.040 Director — duties — administrative hearing commission law not applicable

> Missouri · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MO_C374_S374.040

## Section

- **Citation:** Mo. Rev. Stat. § 374.040
- **Heading:** 374.040 Director — duties — administrative hearing commission law not applicable
- **Jurisdiction:** Missouri
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MO Code / Chapter 374 / Section 374.040

## Text

374.040. Director — duties — administrative hearing commission law not applicable. — 1. It shall be the duty of the director of the department of commerce and insurance to file in his office and safely keep all books and papers required by law to be filed therein, to issue certificates of authority to transact insurance business in this state to any companies who have fully complied with the laws of this state, and to issue such other certificates as are required by the laws of this state in the organization of insurance companies and the transaction of the business of insurance, and generally to do and perform with justice and impartiality all such duties as are or may be imposed upon him by the laws regulating the business of insurance in this state and to perform those duties imposed upon him in such a manner as to be in the best interests of and protect the general public, policyholders, insurance companies, and the officers, directors and stockholders thereof; and every director shall, upon retiring from office, deliver to his qualified successor the possession of his office, and all furniture, papers and property belonging to the same.

2. Notwithstanding the provisions of sections 621.015 to 621.198 , whenever the director of the department of commerce and insurance undertakes to issue, refuse, revoke or suspend the license or certificate of authority of an insurance company, fraternal benefit society, or reciprocal or interinsurance exchange, he shall proceed in accordance with the insurance laws of this state.

(RSMo 1939 § 5790, A.L. 1967 p. 516) Prior revisions: 1929 § 5680; 1919 § 6091; 1909 § 6885 CROSS REFERENCE: Administrative hearing required on policy disapproval, 375.920 (1974) Disapproval of policy containing a "termination premium" was within power of director of insurance and termination penalty to be paid if insured cancelled within ten years discriminated against cancelling policyholder as opposed to policyholder who died within the same period. Survivor's Benefit Insurance Co. v. Farmer (Mo.), 514 S.W.2d 565.

## Nearby sections

- [Mo. Rev. Stat. § 374.005 374.005 Department created, duties — definitions.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C374_S374.005.md)
- [Mo. Rev. Stat. § 374.007 374.007 Statutory reference changes authorized.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C374_S374.007.md)
- [Mo. Rev. Stat. § 374.010 374.010 Department — general powers.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C374_S374.010.md)
- [Mo. Rev. Stat. § 374.015 374.015 Issuance of bulletins by director — definitions — bulleting not to have ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C374_S374.015.md)
- [Mo. Rev. Stat. § 374.018 374.018 Issuance of no-action letters by director — definitions — effect of letters ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C374_S374.018.md)
- [Mo. Rev. Stat. § 374.020 374.020 Director — qualifications — appointment.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C374_S374.020.md)
- [Mo. Rev. Stat. § 374.030 374.030 Director — oath — bond.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C374_S374.030.md)
- [Mo. Rev. Stat. § 374.040 374.040 Director — duties — administrative hearing commission law not applicable.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C374_S374.040.md)
- [Mo. Rev. Stat. § 374.045 374.045 Director authorized to make rules and regulations, procedure, this chapter.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C374_S374.045.md)
- [Mo. Rev. Stat. § 374.046 374.046 Relief issued by director for violations of state laws — considerations — ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C374_S374.046.md)
- [Mo. Rev. Stat. § 374.047 374.047 Willful violation of state law, order — notice.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C374_S374.047.md)
- [Mo. Rev. Stat. § 374.048 374.048 Violations of state laws, action in circuit court — relief — bond — venue — ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C374_S374.048.md)
- [Mo. Rev. Stat. § 374.049 374.049 Classification of violations — orders, penalties — enhancement of penalties ...](https://www.frixlaw.com/law-library/statutes/STATE_MO_C374_S374.049.md)
- [Mo. Rev. Stat. § 374.050 374.050 Seal of office — effect.](https://www.frixlaw.com/law-library/statutes/STATE_MO_C374_S374.050.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MO_C374_S374.040. Check the current official text before relying on it. Not legal advice.