Free Property and Casualty Insurance Basics Study Guide
Missouri Property & Casualty exam — Property and Casualty Insurance Basics.
The national guide covers basic property and casualty concepts. This guide covers the Missouri rules tested in this area. Missouri adopts the 1943 New York Standard Fire Policy as its standard, with Missouri changes (20 CSR 500-1.100; RSMo 379.150–379.160). It also has its own binder rule and inland marine definition.
The Missouri standard fire policy (20 CSR 500-1.100; RSMo 379.160)
- The 1943 New York Standard Fire Insurance Policy, as modified, is Missouri's standard. The Director may approve other forms that are at least as favorable to the insured.
- Each fire insurer files the form it uses (379.160.1).
Missouri changes to the New York form
| Provision | Missouri rule |
|---|---|
| Insurer cancellation | The New York form's 5-day notice has no effect in Missouri. Missouri requires 30 days' notice, or 10 days for nonpayment or evidence of incendiarism by the insured. |
| Cancellation notices | Notices issued on or after July 1, 2024 must include the name, address, phone and website of the Missouri Property Insurance Placement Facility. Any excess premium not tendered must be refunded within 30 days of the notice. |
| Appraisal | Each side names a competent, disinterested appraiser within 20 days of the demand. If the appraisers can't agree on an umpire within 15 days, a judge of a court of record in the county where the property is located picks one. An itemized award signed by any two sets the ACV and loss. The umpire rules within 30 days. Each side pays its own appraiser and splits the rest. |
| Reciprocal exchanges | The policy must state whether it's assessable and the subscriber's right to share in surplus |
Notice and settlement (379.150, 379.160)
- The policy shows a U.S. address for notice of loss, which is due within 60 days after the loss.
- An adjuster's appearance at the fire scene is evidence of notice and waives the notice requirement.
- The insurer may pay ACV or repair, rebuild or replace with like kind and quality. It must give notice of its choice within 30 days of proof of loss (379.150).
- Coinsurance is allowed, but it requires a rate reduction under filed coinsurance credits.
- Valued real property: the insurer can't deny that insured real property was worth the full amount insured when the policy was issued (379.160.3).
Binders (20 CSR 500-1.300)
- A policy that replaces a binder must cover from the binder date.
- Binders can't give anyone a rate advantage.
- A binder charge can't exceed the pro rata premium the policy would have cost. Charges of $20 or less are at the insurer's option.
Inland marine definition (20 CSR 500-1.200)
Missouri adopts the 1976 NAIC Nationwide Marine Definition, with changes, to decide what inland marine may cover.
- Personal floaters: jewelry, furs, fine arts, stamps and coins, musical instruments, and wedding presents for up to 90 days after the wedding.
- Musical instruments: pianos and organs that usually stay on the premises are excluded. Radios and TVs aren't musical instruments.
- Commercial floaters: physicians' instruments, patterns and dies, salesmen's samples and builders' risks.
- Instrumentalities of transportation and communication: bridges and tunnels, but not buildings.
Comparative fault in products liability (RSMo 537.765)
In products liability claims, Missouri abolishes contributory fault as a complete bar and applies pure comparative fault. The claimant's damages are reduced in proportion to his or her fault.
Common exam traps
- Missouri's standard is the 1943 New York form, with Missouri's 30-day / 10-day cancellation notice replacing New York's 5 days.
- Appraisers within 20 days. Umpire within 15 days, or a judge chooses.
- Notice of loss within 60 days. The insurer chooses ACV or repair within 30 days of proof.
- Coinsurance requires a rate credit.
- The policy replacing a binder covers from the binder date.
Practice Property and Casualty Insurance Basics questions All Property & Casualty topics
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