Section 376.800

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 376

Effective - 28 Aug 1967   

  376.800.  Misrepresentation made in obtaining individual accident and health policy no defense, exception. — Anything in the law to the contrary notwithstanding, no misrepresentation made in obtaining or securing a policy of insurance covered by sections 376.770 to 376.800 shall be deemed material or render the policy void, or constitute a defense to a claim thereunder unless the matter misrepresented shall have actually contributed to the contingency or event on which any claim thereunder is to become due and payable, and whether it so contributed in any case shall be a question for the jury.

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(L. 1967 p. 516 § C)

(1994)  In claim for vexatious refusal to pay medical benefits against group health medical insurer, statute is preempted by Federal Employee Retirement Income Security Act (ERISA).  Statute is not a statute which regulates insurance, therefore, does not come under the savings clause of ERISA preemption that expressly exempts state laws that regulate insurance.  Coots v. United Employers Federation, 865 F.Supp 596 (E.D. Mo).