reglab/housing_qa huggingface dataset:
MS Code § 83-21-23 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 21 - Foreign Companies|General Provisions|§ 83-21-23. Surplus lines insurance producer required to execute and retain form setting forth certain facts; promulgation of rules and regulations and establishment of fees; exemption of certain surplus lines insurance producers from requirement to make due diligence search to determine availability of full amount or type of insurance from admitted insurers under certain circumstances

  When any policy of personal lines insurance is procured under the authority of such license, the surplus lines insurance producer shall furnish to the insured at the time of policy deliverance an informational notice as promulgated by the commissioner. The informational notice shall address the following:   The insurance procured may or may not be available from the admitted market that may provide greater protection with more regulatory oversight;   In the event of an insolvency of the surplus lines insurer, losses shall not be paid by the Mississippi Insurance Guaranty Association;   The coverage has been procured through a duly licensed nonadmitted insurance producer; and   Any other information the commissioner believes should be disclosed to the insured.     The Commissioner of Insurance may promulgate rules and regulations and establish appropriate fees for the implementation of Sections 83-21-17 through 83-21-31.
MS Code § 83-21-25 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 21 - Foreign Companies|General Provisions|§ 83-21-25. Report of surplus lines insurance producer; "gross premiums"; designation of procuring surplus lines insurance producer to make report and payment; exemption from payment of surplus line premium tax on certain property risk

  The surplus lines insurance producer shall report under oath to the Commissioner of Insurance, within thirty (30) days from the first of January and July of each year, the amount of gross premiums received by him for such insurance in nonadmitted insurers, and shall pay to the Commissioner of Insurance a tax of four percent (4%) thereon. The term "gross premiums" shall mean the total gross amount of premiums received on each and every surplus lines insurance contract, less returned premiums. In default of the payment of any sum which may be due the state under this law, the Commissioner of Insurance may sue for the same. The surplus lines insurance producer shall keep a separate record of all transactions, as herein provided, open at all times to the inspection of the Commissioner of Insurance. The surplus lines insurance producer may designate another surplus lines insurance producer that actually procured the insurance from the nonadmitted insurer to report and pay, on behalf of the surplus lines insurance producer, to the Commissioner of Insurance the tax due the state under this law. The surplus lines insurance producer designated to pay the tax shall be deemed to have the same obligations and responsibilities for reporting and paying the tax due the state on the insurance procured from the nonadmitted insurer as the surplus lines insurance producer who was initially responsible for reporting and paying the tax, and the Commissioner of Insurance may sue such surplus lines insurance producer designated to pay the tax in the event such surplus lines insurance producer is in default of any sum which is due the state for which the designated surplus lines insurance producer is responsible or obligated to pay.   [Repealed].
MS Code § 83-21-27 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 21 - Foreign Companies|General Provisions|§ 83-21-27. Permissible acts of surplus lines insurance producers

 Nothing contained in Sections 83-21-17 through 83-21-31 shall authorize any person, firm, association, or corporation to guarantee or otherwise validate or secure the performance or legality of any agreement, instrument, or policy of insurance of any nonadmitted insurer, nor to permit or authorize any nonadmitted insurer to do any insurance business by or through any person or surplus lines insurance producer acting within this state; but surplus lines insurance producers licensed hereunder acting pursuant to the cited sections may issue and deliver to their clients, the insured, binders, policies, and other confirmation of direct insurance so lawfully placed, and shall not be personally liable to the holder of any policy of insurance so issued or delivered for any loss covered thereby.
MS Code § 83-21-29 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 21 - Foreign Companies|General Provisions|§ 83-21-29. Suits against nonadmitted insurers

 A nonadmitted insurer may be sued upon any cause of action arising in this state under any contract issued by it as hereinabove authorized, in a court of competent jurisdiction in any county in which the plaintiff may reside, or in which the cause of action arose. Any such policy or contract shall contain a provision authorizing service of citation or other legal process upon a person or firm whose name and address shall be set out therein, which said person, or at least one (1) member of a firm, shall be a resident of Mississippi. In lieu thereof any such policy or contract shall contain a provision authorizing service of citation or other legal process upon the Commissioner of Insurance, designating the person to whom said Commissioner of Insurance shall mail citation or other legal process. In the event service of legal process against a nonadmitted insurer is made by service upon the Commissioner of Insurance, he shall forthwith mail citation or other document or process required to the person designated by the nonadmitted insurer in the policy for the purpose by registered mail or certified mail with return receipt requested. In the event of service of citation or other legal process upon the Commissioner of Insurance, the nonadmitted insurer shall have thirty (30) days from date of service upon said Commissioner of Insurance within which to plead, answer, or otherwise defend the action. Upon service of process upon the Insurance Commissioner in accordance with this law, or upon the person or firm designated in the policy or contract in accordance with this law, or as provided for by the Mississippi Rules of Civil Procedure, the court shall be deemed to have jurisdiction in personam of the nonadmitted insurer. A nonadmitted insurer issuing such insurance policy or contract shall be deemed thereby to have authorized service of process upon it in the manner and effect as provided in Sections 83-21-17 through 83-21-31, and as provided in the Mississippi Rules of Civil Procedure.
MS Code § 83-21-31 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 21 - Foreign Companies|General Provisions|§ 83-21-31. Application of preceding and succeeding sections

 As to any policy or contract issued pursuant to Sections 83-21-17 through 83-21-31, and as to any claim for loss or damage arising under any such policy or contract, the cited sections shall apply. As to any such policy or contract issued by an unauthorized insurer in a manner not provided in said preceding sections, Sections 83-21-33 through 83-21-51 shall apply.
MS Code § 83-21-33 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 21 - Foreign Companies|Unauthorized Insurers Process Law|§ 83-21-33. Citation

 Sections 83-21-33 through 83-21-51 may be cited as "The Unauthorized Insurers Process Law."
MS Code § 83-21-35 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 21 - Foreign Companies|Unauthorized Insurers Process Law|§ 83-21-35. Service of process upon unauthorized insurers

 The purpose of Sections 83-21-33 through 83-21-51 is to subject certain insurers to the jurisdiction of courts of this state in suits by or on behalf of insureds or beneficiaries under insurance contracts. The legislature declares that it is a subject of concern that many residents of this state hold policies of insurance issued or delivered them in this state by insurers not authorized to do business in this state, thus presenting to such residents the often insuperable obstacle of resorting to distant forums for the purpose of asserting legal rights under such policies. In furtherance of such state interests, the legislature herein provides a method of substituted service of process upon such insurers, declares that in so doing it exercises its power to protect its residents and to define, for the purpose of the cited sections, what constitutes doing business in this state, and also exercises powers and privileges available to the state by virtue of Public Law 15, 79th Congress of the United States, Chapter 20, first session, Section 340, as amended, which declares that the business of insurance and every person engaged therein shall be subject to the laws of the several states.
MS Code § 83-21-37 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 21 - Foreign Companies|Unauthorized Insurers Process Law|§ 83-21-37. Acts constituting commissioner as agent

 Any of the following acts in this state, effected by mail or otherwise, by an unauthorized or alien insurer: (1) the issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business therein, (2) the solicitation of applications for such contracts, (3) the collection of premiums, membership fees, assessments, or other considerations for such contracts, or (4) any other transaction of insurance business is equivalent to and shall constitute an appointment by such insurer of the commissioner of insurance and his successor or successors in office to be its true and lawful agent, upon whom may be served all lawful process in any action, suit, or proceeding instituted by or on behalf of an insured or beneficiary arising out of any such contract of insurance, and any such act shall be signification of its agreement that such service of process is of the same legal force and validity as personal service of process in this state upon such insurer.
MS Code § 83-21-39 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 21 - Foreign Companies|Unauthorized Insurers Process Law|§ 83-21-39. Method of service

 Such service of process shall be made by delivering to and leaving with the commissioner of insurance, or some person in apparent charge of his office, two (2) copies thereof and the payment to him of such fees as may be prescribed by law. The commissioner of insurance shall forthwith mail by registered mail or certified mail one of the copies of such process to the defendant at its last known principal place of business, and shall keep a record of all process so served upon him. Such service of process is sufficient, provided notice of such service and a copy of the process are sent within ten (10) days thereafter by registered mail or certified mail by plaintiff or plaintiff's attorney to the defendant at its last known principal place of business, and the defendant's receipt, or receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff's attorney showing a compliance herewith are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow.
MS Code § 83-21-41 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 21 - Foreign Companies|Unauthorized Insurers Process Law|§ 83-21-41. Personal service on agent or representative

 Service of process in any such action, suit or proceeding shall, in addition to the manner provided in Section 83-21-39, be valid if served upon any person within the state who, in this state on behalf of such insurer, is (1) soliciting insurance, or (2) making, issuing or delivering any contract or insurance, or (3) collecting or receiving any premium, membership fee, assessment, or other consideration for insurance; and a copy of such process is sent within ten (10) days thereafter by registered mail or certified mail by the plaintiff or plaintiff's attorney to the defendant at the last known principal place of business of the defendant, and the defendant's receipt, or the receipt issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed, and the affidavit of the plaintiff or plaintiff's attorney showing a compliance herewith are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear, or within such further time as the court may allow. Nothing in Sections 83-21-33 through 83-21-51 shall limit or abridge the right to serve any process, notice, or demand upon any insurer in any other manner now or hereafter permitted by law or the Mississippi Rules of Civil Procedure.
MS Code § 83-21-43 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 21 - Foreign Companies|Unauthorized Insurers Process Law|§ 83-21-43. Time allowed before judgment

 No plaintiff or complainant shall be entitled to a judgment by default, or a judgment with leave to prove damages, or a judgment pro confesso under Sections 83-21-33 through 83-21-51, until the expiration of thirty (30) days from the date of the filing of the affidavit of compliance.
MS Code § 83-21-45 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 21 - Foreign Companies|Unauthorized Insurers Process Law|§ 83-21-45. Defense of action by unauthorized insurer

 Before any unauthorized insurer shall file or cause to be filed any pleading in any action, suit, or proceeding instituted against it, such unauthorized insurer shall either (1) deposit cash or securities with the clerk of the court in which such action, suit, or proceeding is pending, or file with such clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in such actions; or (2) procure a certificate of authority to transact the business of insurance in this state.
MS Code § 83-21-47 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 21 - Foreign Companies|Unauthorized Insurers Process Law|§ 83-21-47. Discretionary continuances

 The court, in any action, suit, or proceeding in which service is made in the manner provided in Sections 83-21-33 through 83-21-51, may, in its discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of Section 83-21-45 and to defend such action.
MS Code § 83-21-49 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 21 - Foreign Companies|Unauthorized Insurers Process Law|§ 83-21-49. Motions to quash or set aside service

 Nothing in Sections 83-21-33 through 83-21-51 is to be construed to prevent an unauthorized foreign or alien insurer from filing a motion to quash a writ, or to set aside service thereof made in the manner provided herein, on the ground either (1) that such unauthorized insurer has not done any of the acts enumerated in Section 83-21-37, or (2) that the person on whom service was made pursuant to Section 83-21-41 was not doing any of the acts therein enumerated.
MS Code § 83-21-51 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 21 - Foreign Companies|Unauthorized Insurers Process Law|§ 83-21-51. Attorney fees

 In any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this state to a resident thereof or to a corporation authorized to do business therein, if the insurer has failed for thirty (30) days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears to the court that such refusal was vexatious and without reasonable cause, the court may allow to the plaintiff a reasonable attorney fee and include such fee in any judgment that may be rendered in such action. Such fee shall not exceed twenty-five percent (25%) of the amount which the court or jury finds that the plaintiff is entitled to recover against the insurer, but in no event shall such fee be less than Twenty-five Dollars ($25.00). Failure of an insurer to defend any such action shall be deemed prima facie evidence that its failure to make payment was vexatious and without reasonable cause.
MS Code § 83-23-1 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 23 - Insolvent Insurance Companies; Insurance Guaranty Association|Article 1 - Insolvent Companies|§ 83-23-1. Receivers

 Whenever it shall appear to the commissioner of insurance of this state that any insurance company incorporated in this state, or incorporated out of this state but doing business herein, (1) is insolvent, or (2) is in such condition that its further transaction of business will be hazardous to its policyholders, to its creditors, or to the public, or (3) has been placed in receivership or liquidation or rehabilitation in some other state or jurisdiction, it shall be his duty to file a petition in the chancery court of the proper county, setting up the facts and praying the appointment of a receiver for such company. If any of said grounds shall exist and the commissioner shall neglect to file such petition, then it may be filed by the attorney general. All laws of this state with respect to receivers shall apply in such proceeding, except that no application for the appointment of a receiver of any insurance company shall be entertained by any court unless filed by one of said officials.
MS Code § 83-23-3 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 23 - Insolvent Insurance Companies; Insurance Guaranty Association|Article 1 - Insolvent Companies|§ 83-23-3. Certain receiverships dispensed with

 In the event the company in receivership is a foreign company and a receiver has been appointed in the state of domicile of the impaired company, the court shall dispense with the Mississippi receivership unless the court is of the opinion that a Mississippi receivership will best serve the interest of Mississippi policyholders and claimants.
MS Code § 83-23-5 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 23 - Insolvent Insurance Companies; Insurance Guaranty Association|Article 1 - Insolvent Companies|§ 83-23-5. Commissioner designated as receiver

 In event of the appointment of a receiver of any insurance company, the chancery court having jurisdiction shall designate the commissioner of insurance as such receiver. He shall serve as such without compensation other than his regular salary, but the chancery court may authorize the payment of his actual expenses incurred, and may authorize the employment and compensation of such employees, assistants, and attorneys as may be required in the administration of such receivership.
MS Code § 83-23-7 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 23 - Insolvent Insurance Companies; Insurance Guaranty Association|Article 1 - Insolvent Companies|§ 83-23-7. Powers of the court in receiverships

 In the administration of any receivership of an insurance company hereunder, the chancery court having jurisdiction may make all necessary orders, including, among others, (1) an order or orders to rehabilitate such company, which may direct the receiver to take possession of the property of such company, conduct the business thereof, and take such steps toward the removal of the causes and conditions which have made a receivership necessary as the court may direct, (2) an order or orders to liquidate such company, (3) an order or orders to terminate such receivership and permit such insurance company to resume possession of its property and the conduct of its business, and (4) an order or orders to conserve the assets of such insurance company within this state.
MS Code § 83-23-9 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 23 - Insolvent Insurance Companies; Insurance Guaranty Association|Article 1 - Insolvent Companies|§ 83-23-9. Application of article

 This article shall apply to original receiverships and to ancillary receiverships.   This article shall apply to all insurance companies operating under the insurance laws of this state including stock, mutual, fraternal benefit, and reciprocal or interinsurance companies, and to all corporations operating under Sections 83-41-201 through 83-41-217.
MS Code § 83-23-101 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 23 - Insolvent Insurance Companies; Insurance Guaranty Association|Article 3 - Insurance Guaranty Association|§ 83-23-101. Title

 This article shall be known and may be cited as the Mississippi Insurance Guaranty Association Law.
MS Code § 83-23-103 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 23 - Insolvent Insurance Companies; Insurance Guaranty Association|Article 3 - Insurance Guaranty Association|§ 83-23-103. Purpose

 The purpose of this article is to provide a mechanism for the payment of covered claims under certain insurance policies to avoid excessive delay in payment and to avoid financial loss to claimants or policyholders because of the insolvency of an insurer, to assist in the detection and prevention of insurer insolvencies, and to provide an association to assess the cost of such protection among insurers.
MS Code § 83-23-105 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 23 - Insolvent Insurance Companies; Insurance Guaranty Association|Article 3 - Insurance Guaranty Association|§ 83-23-105. Application of article; exceptions

 This article shall apply to all kinds of direct insurance except the following:   Life, annuity, health or disability insurance;   Mortgage guaranty, financial guaranty or other forms of insurance offering protection against insolvent risks;   Fidelity or surety bonds, or any other bonding obligations;   Credit insurance;   Insurance of warranties or service contracts;   Title insurance;   Ocean marine insurance;   Any transaction or combination of transactions between a person (including affiliates of such person) and an insurer (including affiliates of such insurer) which involves the transfer of investment or credit risk unaccompanied by transfer of insurance risk; and   Any insurance provided by or guaranteed by government.
MS Code § 83-23-107 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 23 - Insolvent Insurance Companies; Insurance Guaranty Association|Article 3 - Insurance Guaranty Association|§ 83-23-107. Construction

 This article shall be liberally construed to effect the purpose under Section 83-23-103, which shall constitute an aid and guide to interpretation.
MS Code § 83-23-111 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 23 - Insolvent Insurance Companies; Insurance Guaranty Association|Article 3 - Insurance Guaranty Association|§ 83-23-111. Creation of the association

 There is created a nonprofit unincorporated legal entity to be known as the Mississippi Insurance Guaranty Association. All insurers defined as member insurers in Section 83-23-109 shall be and remain members of the association as a condition of their authority to transact insurance in this state. The association shall perform its functions under a plan of operation established and approved under Section 83-23-117 and shall exercise its powers through a board of directors established under Section 83-23-113.