Section 379.150

Title XXIV BUSINESS AND FINANCIAL INSTITUTIONS

Chapter 379

Effective - 28 Aug 2021, 2 histories   

  379.150.  Partial loss by fire — standard fire insurance policy language, option for settlement of loss. — Any fire insurance policy issued or renewed on or after August 28, 2021, shall be construed to require that a partial loss caused by fire be adjusted in accordance with the following language which shall be considered part of the standard fire insurance policy for Missouri under the provisions of section 379.160:  "It shall be optional with the company to settle the loss at the actual cash value or to repair, rebuild or replace the property destroyed or damaged with other of like kind or quality within a reasonable time, on giving notice of its intention within thirty days or after the receipt of the proof of loss herein required.".  However, if any fire policy provides coverage for a partial loss caused by fire, in a policy form determined and approved by the director to be at least as favorable to the insured as the standard fire insurance policy for Missouri, then the insurer issuing the policy shall adjust the loss in accordance with the policy form.  Notwithstanding any administrative rule to the contrary, nothing in this section shall be construed to create a general contractor relationship by the company to the insured.

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(RSMo 1939 § 5932, A.L. 2021 H.B. 604)

Prior revisions: 1929 § 5821; 1919 § 6231; 1909 § 7022

(2002) Section does not prohibit insurer from withholding depreciation from valid replacement cost claim.  Dollard v. Depositors Insurance Company, 96 S.W.3d 885 (Mo.App.W.D.).