Missouri Code of State Regulations
Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE
Division 800 - Administrative Procedures under the Insurance Laws
Chapter 2 - Insurers' Consent to Service of Process
Section 20 CSR 800-2.010 - Service of Process
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule specifies procedures for service of process on insurance companies. It was adopted pursuant to the provisions of section 374.045, RSMo and in order to implement sections 375.256, 375.261, 375.281, 375.906 and 379.680, RSMo.
(1) Service on Authorized Foreign and Alien Insurers.
(2) Service on Unauthorized Foreign Companies.
(3) Service on Reciprocal or Interinsurance Exchanges. Service of process on reciprocal or interinsurance exchanges organized under Missouri law shall be made by delivery of three (3) copies of the summons and petition to the director by the sheriff of Cole County, Missouri, the United States Marshal's Office or any other authorized individual. A designee of the director of the department shall forward one (1) copy to the company, retain one (1) copy and return one (1) copy with his/her admission of service to the clerk of the court (section 379.680, RSMo). The department will bill the plaintiff's attorney at the rate of ten cents ($.10) for copying the summons and petition when an insufficient number of copies are submitted.
(4) Service on Domestic Companies and Health Service Corporations. Service on insurance companies incorporated under the laws of this state and all health service corporations (Chapter 354, RSMo), is made in the same manner as service on any other Missouri corporation pursuant to Missouri Supreme Court Rule 54.01.
(5) Fair Plan. Service on the Missouri Property Insurance Placement Facility is accomplished by service on the manager of the facility.
(6) Misstatement of Name of Insurer. Whenever the department is unable to determine the defendant in an action due to a misstatement of the name of the insurer, all papers will be returned to the clerk of the court issuing service. Attorneys should state the complete name of the insurer due to the similarity in names of many companies.
(7) Service of Supplementary Pleadings. Only initial service of process upon the director is provided for by statute. Service of supplementary pleadings such as answers, replies, motions, discovery and ancillary pleadings will not be accepted by the department.
*Original authority: 374.045, RSMo 1967, amended 1993, 1995; 375.256, RSMo 1939, amended 1951, 1967; 375.261, RSMo 1951, amended 1967; 375.281, RSMo 1951, amended 1967; 375.906, RSMo 1939, amended 1967, 1978; 379.680, RSMo 1939, amended 1967.