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SECOND REGULAR SESSION
HOUSE BILL NO. 3127
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MOSLEY .
6882H.02I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 379, RSMo, by adding thereto two new sections relating to insurance
coverage due to firearm discharg e incidents.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 379, RSMo, is amended by adding thereto two new sections, to be
2 known as sections 379.965 and 379.967, to read as follows:
379.965. 1. As used in sections 379.965 to 379.967, unless the context otherwise
2 r equir es, the 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) "Fir earm discharge incident", any incident involving the discharge of a
8 fir earm, as defined in section 571.101, that res ults in:
9 (a) Physical damage to the insur ed pro perty; or
10 (b) Conditions that rende r the insur ed pro perty temporarily uninhabitable,
11 r egardless of whether the discharge was intentional, unintentional, accidental, criminal,
12 or stray in natur e;
13 (3) "Insured ", any individual cover ed under a cover ed policy;
14 (4) "Insurer ", any insurance company , including any recip rocal or inter -
15 insurance exchange, licensed and authorized by the dire ctor to write homeowners'
16 insurance, dwelling-owners' insurance, or r enters' or tenants' insurance upon pr operty
17 located within this state.
EXPLANA TION — 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.
18 2. Sections 379.965 to 379.967 shall not be construed to:
19 (1) Regulate or res trict the lawful manufactur e, ownership, possession, carrying,
20 transportation, or use of fir earms;
21 (2) Impose any duty or liability upon fir earm owners or users; or
22 (3) Affect any right pr otected under the Constitution of the United States or the
23 Constitution of Missouri.
24 3. Each insurer that offers or issues cover ed policies that ar e deliver ed, issued for
25 delivery , continued, or ren ewed in this state on or after January 1, 2027, and that
26 pr ovides coverage for any damage to r eal or personal prop erty caused by fir earm
27 discharge incidents shall prov ide coverage for any reas onable incr ease in living expenses
28 incurr ed as a r esult of a fir earm discharge incident that:
29 (1) Occurs at or near the insured pr operty; and
30 (2) Causes any injury or damage, including physical damage to the insur ed
31 pr operty , that rend ers the insur ed prop erty temporarily uninhabitable.
32 4. The coverage r equir ed under this section shall be designed to help with
33 necessary expenses incurr ed while the insur ed pro perty is being repair ed or repla ced
34 including, but not limited to:
35 (1) T emporary housing such as rent for a hotel, apartment, or rent al home;
36 (2) Meals over and above the insur ed's normal household expenses;
37 (3) Increas ed transportation costs; and
38 (4) Other r easonable and necessary living expenses.
39 5. An insurer shall specify in the policy declarations of the cover ed policy the
40 maximum amount the insur er will pay for additional living expenses under this section,
41 which shall be either:
42 (1) A dollar -amount limit in which the insur er pays up to the specified dollar
43 amount listed in the covered policy; or
44 (2) An ending-date limit in which the insur er provi des coverage for a period not
45 to exceed the number of days specified in the cover ed policy , starting fr om the date of
46 the fir earm discharge incident or the date the insur ed pr operty becomes uninhabitable.
47 6. The coverage re quir ed under this section shall continue for the duration
48 r equir ed to rep air or repla ce the damaged pr operty or , if the insured permanently
49 r elocates, for the time req uired for the insured 's household to settle elsewher e or until
50 the insured 's household can maintain its normal standard of living. The coverage
51 period shall be subject to the limit defined by the covered policy as req uired under
52 subsection 5 of this section. Payments shall be made for the time needed for r epairs to
53 r estore the pr operty to a habitable condition or until the insur ed's reloca tion is
54 complete.
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55 7. Coverage req uired under this section shall not include:
56 (1) Expenses the insur ed incurs due to evacuation orders not relat ed to the
57 fir earm discharge incident;
58 (2) Any living expenses unr elated to the insur ed's inability to live in the insur ed
59 pr operty following the fire arm discharge incident; or
60 (3) Any expenses that are not deemed rea sonable and necessary by the insurer .
61 8. Coverage requi red under this section shall apply once the insur ed pr operty is
62 uninhabitable due to the fir earm discharge incident. An insur er may impose a waiting
63 period of up to forty-eight hours before coverage becomes effective.
64 9. An insur ed shall not r eceive the coverage requ ired under this section unless
65 the insure d:
66 (1) Notifies the insurer as soon as reas onably practicable after the fir earm
67 discharge incident and includes releva nt details;
68 (2) Pr ovides documentation of all additional living expenses incurr ed; and
69 (3) Cooperates with the insur er's investigation, including by pr oviding access to
70 r eceipts and any necessary record s to substantiate the claim.
379.967. 1. Notwithstanding any other pr ovision of law to the contrary , when an
2 insur ed motor vehicle is involved in a fir earm discharge incident, the following coverage
3 r equir ements shall apply:
4 (1) If a fir earm discharge incident res ults in a homicide occurring inside the
5 insur ed motor vehicle, the res ulting damage shall be tr eated as a cover ed loss under the
6 terms of the policy . The insur er shall conduct a total loss evaluation consistent with
7 standard industry practices including consideration of biohazard contamination,
8 structural integrity , and res toration costs necessary to ret urn the vehicle to pr e-loss
9 condition; and
10 (2) If a fir earm discharge incident res ults in damage to the insur ed motor
11 vehicle, the insur er shall tre at such damage as eligible for r epair coverage under the
12 terms of the existing policy including cosmetic restoration when necessary to ret urn the
13 vehicle to pr e-loss condition.
14 2. Subsection 1 of this section shall not requ ire insurers to add new coverages or
15 benefits beyond those pr ovided in the policyholder's selected policy .
16 3. The coverage requi red under subsection 1 of this section shall be included in
17 all standard motor vehicle insurance coverage policies issued in this state.
18 4. This section shall apply only to insurance coverage for motor vehicles affected
19 by a fir earm discharge incident.
20 5. The dir ector of the department of commerc e and insurance may pr omulgate
21 all necessary rules and regu lations for the administration of sections 379.965 to 379.967.
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22 Any rule or portion of a rule, as that term is defined in section 536.010, that is creat ed
23 under the authority delegated in this section shall become effective only if it complies
24 with and is subject to all of the pr ovisions of chapter 536 and, if applicable, section
25 536.028. This section and chapter 536 are nonseverable and if any of the powers vested
26 with the general assembly pursuant to chapter 536 to rev iew , to delay the effective date,
27 or to disappr ove and annul a rule are subsequently held unconstitutional, then the grant
28 of rulemaking authority and any rule pr oposed or adopted after August 28, 2026, shall
29 be invalid and void.
✔
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