Creates provisions relating to insurance coverage of additional living expenses due to gun violence

SECOND REGULAR SESSION
HOUSE BILL NO. 2532
103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE MOSLEY .
5515H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
To amend chapter 379, RSMo, by adding thereto one new section relating to insurance
coverage of additional living expenses due to gun violence.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 379, RSMo, is amended by adding thereto one new section, to be
2 known as section 379.965, to read as follows:
379.965. 1. As used in this section, unless the context otherwise requires, the
2 following terms mean:
3 (1) "Covered policy", any policy of:
4 (a) Homeowners' insurance, as defined in section 374.400;
5 (b) Dwelling-owners' insurance, as defined in section 374.400; or
6 (c) Renters' or tenants' insurance, as defined in section 374.400;
7 (2) "Gun violence incident", any use of a fire
arm, as defined in section 571.010,
8 that res
ults in shots or explosions regardless of whether such use targeted a specific
9 individual or property including, but not limited to, drive-by shootings, gunfire causing
10 structural damage, or any act of gun violence that disrupts an insured's ability to live in
11 the insured property;
12 (3) "Insured
", any individual covered under a covered policy;
13 (4) "Insurer
", any insurance company, including any reciprocal or inter -
14 insurance exchange, licensed and authorized by the dire
ctor to write homeowners'
15 insurance, dwelling-owners' insurance, or renters' or tenants' insurance upon property
16 located within this state.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
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17 2. Each insurer that offers or issues covered policies that are delivered, issued for
18 delivery, continued, or renewed in this state on or after January 1, 2027, and that
19 provides coverage for any damage to real or personal property caused by gun violence
20 incidents shall provide coverage for any reasonable increase in living expenses incurred
21 as a result of a gun violence incident that:
22 (1) Occurs at or near the insured property; and
23 (2) Causes any injury or damage, including physical damage to the insured
24 property, that renders the insured property temporarily uninhabitable.
25 3. The coverage required under this section shall be designed to help with
26 expenses such as temporary housing, meals, and other necessary living costs while the
27 insured property is being repaired or replaced.
28 4. An insurer shall specify in the policy declarations of the covered policy the
29 maximum amount the insurer will pay for additional living expenses under this section,
30 which shall be either:
31 (1) A dollar-amount limit in which the insurer pays up to the specified dollar
32 amount listed in the covered policy for additional living expenses; or
33 (2) An ending-date limit in which the insurer provides coverage for a period not
34 to exceed the number of days specified in the covered policy, starting from the date of
35 the gun violence incident or the date the insured property becomes uninhabitable.
36 5. The coverage required under this section shall continue for the duration
37 required to repair or replace the damaged property or, if the insured permanently
38 relocates, for the time required for the insured's household to settle elsewhere or until
39 the insured's household can maintain its normal standard of living. The coverage
40 period shall be subject to the limit defined by the covered policy as required under
41 subsection 4 of this section. Payments shall be made for the time needed for repairs to
42 restore the property to a habitable condition or until the insured's relocation is
43 complete.
44 6. Expenses eligible for coverage under this section may include, but are not
45 limited to:
46 (1) Temporary housing, such as rent for a hotel, apartment, or rental home;
47 (2) Increased transportation costs;
48 (3) Meals over and above the insured's normal expenses; and
49 (4) Other necessary living expenses.
50 7. Coverage required under this section shall not include:
51 (1) Expenses the insured incurs due to evacuation orders not related to the gun
52 violence incident;
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53 (2) Any living expenses unrelated to the insured's inability to live in the insured
54 property following the gun violence incident; or
55 (3) Any expenses that are not deemed reasonable and necessary by the insurer.
56 8. Coverage required under this section shall apply once the insured property is
57 uninhabitable due to the gun violence incident. An insurer may impose a waiting period
58 of up to forty-eight hours before coverage becomes effective.
59 9. An insured shall not receive the coverage required under this section unless
60 the insured:
61 (1) Notifies the insurer immediately after the gun violence incident occurs. The
62 notification shall include the specific details of the gun violence incident;
63 (2) Provides documentation of all additional living expenses incurred; and
64 (3) Cooperates with the insurer's investigation, including by providing access to
65 receipts and any necessary records to substantiate the claim.
✔
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