reglab/housing_qa huggingface dataset:
MS Code § 83-55-17 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 55 - Risk Retention Act|§ 83-55-17. Purchase of insurance from non-state chartered group or non-state admitted insurer; notice requirements; deductible or self-insured retention not permitted; aggregate limits on purchases

  A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus lines laws and regulations of such state.   A purchasing group which obtains liability insurance from an insurer not admitted in this state or a risk retention group shall inform each of the members of such group which have a risk resident or located in this state that such risk is not protected by an insurance insolvency guaranty fund in this state, and that such risk retention group or such insurer may not be subject to all insurance laws and regulations of this state.   No purchasing group may purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole; however, coverage may provide for a deductible or self-insured retention applicable to individual members.   Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits which are applicable to all purchases of group insurance.
MS Code § 83-55-19 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 55 - Risk Retention Act|§ 83-55-19. Premium taxes

 Premium taxes and taxes on premiums paid for coverage of risks resident or located in this state by a purchasing group or any members of the purchasing groups shall be:   Imposed at the same rate and subject to the same interest, fines and penalties as that applicable to premium taxes and taxes on premiums paid for similar coverage from a similar insurance source by other insureds; and   Paid first by such insurance source, and if not by such source by the agent or broker for the purchasing group, and if not by such agent or broker then by the purchasing group, and if not by such purchasing group then by each of its members.
MS Code § 83-55-21 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 55 - Risk Retention Act|§ 83-55-21. Powers of commissioner; applicable procedures; injunctive relief

 The Commissioner is authorized to make use of any of the powers established under the Insurance Laws of this state to enforce the laws of this state not specifically preempted by the Risk Retention Act of 1986, including the Commissioner's administrative authority to investigate, issue subpoena, conduct depositions and hearings, issue orders, impose penalties and seek injunctive relief. With regard to any investigation, administrative proceedings or litigation, the Commissioner can rely on the procedural laws of this state. The injunctive authority of the Commissioner, in regard to risk retention groups, is restricted by the requirement that any injunction be issued by a court of competent jurisdiction.
MS Code § 83-55-23 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 55 - Risk Retention Act|§ 83-55-23. License required to solicit, negotiate or procure liability insurance; notice to insured

  No person, firm, association or corporation shall act or aid in any manner in soliciting, negotiating or procuring liability insurance in this state from a risk retention group unless such person, firm, association or corporation is licensed as an insurance agent or broker in accordance with the laws of this state.   No person, firm, association or corporation shall act or aid in any manner in soliciting, negotiating or procuring liability insurance in this state for a purchasing group from an authorized insurer or a risk retention group chartered in a state unless such person, firm, association or corporation is licensed as an insurance agent or broker in accordance with the laws of this state.   No person, firm, association or corporation shall act or aid in any manner in soliciting, negotiating or procuring liability insurance coverage in this state for any member of a purchasing group under a purchasing group's policy unless such person, firm, association or corporation is licensed as an insurance agent or broker in accordance with the laws of this state.   No person, firm, association or corporation shall act or aid in any manner in soliciting, negotiating or procuring liability insurance from an insurer not authorized to do business in this state on behalf of a purchasing group located in this state unless such person, firm, association or corporation is licensed as a surplus lines agent or excess line broker in accordance with the laws of this state.   For purposes of acting as an agent or broker for a risk retention group or purchasing group pursuant to subsections (1) and (2) of this section, the requirement of residence in this state shall not apply.   Every person, firm, association or corporation licensed pursuant to the laws of this state, on business placed with risk retention groups or written through a purchasing group, shall inform each prospective insured of the provisions of the notice required by paragraph (f) of Section 83-55-7 in the case of a risk retention group and subsection (2) of Section 83-55-17 in the case of a purchasing group.
MS Code § 83-55-25 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 55 - Risk Retention Act|§ 83-55-25. U.S. District Court injunctions enforceable in state courts

 An order issued by any District Court of the United States enjoining a risk retention group from soliciting or selling insurance, or operating in any state (or in all states or in any territory or possession of the United States) upon a finding that such a group is in hazardous financial or financially impaired condition shall be enforceable in the courts of this state.
MS Code § 83-55-27 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 55 - Risk Retention Act|§ 83-55-27. Rules and regulations

 The Commissioner may establish and from time to time amend such rules and regulations relating to risk retention groups as may be necessary or desirable to carry out the provisions of this chapter.
MS Code § 83-55-29 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 55 - Risk Retention Act|§ 83-55-29. Saving clause

 If any clause, sentence, paragraph, section or part of this chapter or the application thereof to any person or circumstances, shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter, and the application thereof to other persons or circumstances, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person or circumstances involved.
MS Code § 83-58-1 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 58 - New Home Warranty Act|§ 83-58-1. Short title

 This chapter shall be known and may be cited as the "New Home Warranty Act."
MS Code § 83-58-3 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 58 - New Home Warranty Act|§ 83-58-3. Definitions

 For purposes of this chapter the following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:   "Builder" means any person, corporation, partnership, or other entity which constructs a home or engages another to construct a home, including a home occupied initially by its builder as his residence, for the purpose of sale.   "Building standards" means the standards contained in the building code, mechanical-plumbing code, and electrical code in effect in the county, municipality or other local political subdivision where a home is to be located, at the time construction of that home is commenced, or, if the county, city or other local political subdivision has not adopted such codes, the Standard Building Code, together with any additional performance standards, if any, which the builder may undertake to be in compliance.   "Home" means any new structure designed and used only for residential use.   "Initial purchaser" means any person for whom a home is built or the first person to whom a home is sold upon completion of construction.   "Major structural defect" means actual physical damage to any of the following load-bearing portions of a home caused by failure of the load-bearing portions and its load-bearing functions, as follows to wit:   Foundation systems and footings;   Beams;   Girders;   Lintels;   Columns;   Load-bearing walls and partitions;   Floor systems;   Roof-framing systems.   "Owner" means the initial purchaser of a home and any of his successors in title to a home during the time the warranties provided under this chapter are in effect.   "Warranty commencement date" means the date that legal title to a home is conveyed to its initial purchaser or the date the home is first occupied, whichever occurs first.
MS Code § 83-58-7 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 58 - New Home Warranty Act|§ 83-58-7. Written notice of defect to builder

 Before undertaking any repair himself, except repair to minimize loss or damage as provided in Section 83-58-5(2)(d), or instituting any action under Section 83-58-17, the owner shall give the builder written notice within ninety (90) days after knowledge of the defect by registered or certified mail, advising him of the defects and giving the builder a reasonable opportunity to repair the defect. The builder shall give the owner written notice of the requirements of this chapter at the time of closing. If the builder does not provide such notice, the warranties provided in this chapter shall be extended for a period of time equal to the time between the warranty commencement date and date notice was given.
MS Code § 83-58-9 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 58 - New Home Warranty Act|§ 83-58-9. Commencement of warranty action

 Any action to enforce any warranty provided in this chapter shall commence thirty (30) days after the expiration of the appropriate time period provided.
MS Code § 83-58-11 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 58 - New Home Warranty Act|§ 83-58-11. Insurance for warranty allegations

 All or part of the builder's obligation under any warranty required in this chapter may be insured by the builder for the benefit of the purchaser through an insurance company authorized to transact business in this state.
MS Code § 83-58-13 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 58 - New Home Warranty Act|§ 83-58-13. Transfer of warranties

 Any warranty imposed under the provisions of this chapter and any insurance benefit shall automatically transfer, without charge, to a subsequent owner who acquires title to a home. Any transfer of the home shall not extend the duration of any warranty or insurance coverage.
MS Code § 83-58-15 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 58 - New Home Warranty Act|§ 83-58-15. Damages; arbitration of claims

 The damages with respect to a single defect shall not exceed the reasonable cost of repair or replacement necessary to cure the defect, and damages with respect to all defects in the home shall not exceed the original purchase price of the home.   The parties may provide for the arbitration of any claim in dispute. Any arbitration may be binding only to the extent provided by law.
MS Code § 83-58-17 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 58 - New Home Warranty Act|§ 83-58-17. Statutory remedy for damages arising from violations of home warranty law; common law remedies

  If a builder violates any of the provisions of this chapter by failing to perform as required by the warranties provided in this chapter, any affected owner shall have a cause of action against the builder for actual damages, including attorney fees and court cost, arising out of the violations.   Nothing in this chapter shall prevent the owner from filing a cause of action based on breach of contract and remedies attendant to such cause of action.   If the owner files a civil action without first complying with the provisions of this chapter, the court shall dismiss the action without prejudice, and the action may not be refiled until the claimant has complied with the notice requirements of this chapter.
MS Code § 83-59-1 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 59 - Business Transacted With Producer Controlled Insurer Act|§ 83-59-1. Short title

 This chapter may be cited as the "Business Transacted with Producer Controlled Insurer Act."
MS Code § 83-59-3 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 59 - Business Transacted With Producer Controlled Insurer Act|§ 83-59-3. Definitions

 As used in this chapter:   "Accredited state" means a state in which the insurance department or regulatory agency has qualified as meeting the minimum financial regulatory standards promulgated and established from time to time by the National Association of Insurance Commissioners (NAIC).   "Commissioner" means the Commissioner of Insurance.   "Control" or "controlled" has the meaning ascribed in Section 83-6-1.   "Controlled insurer" means a licensed insurer which is controlled, directly or indirectly, by a producer.   "Controlling producer" means a producer who, directly or indirectly, controls an insurer.   "Licensed insurer" or "insurer" means any person, firm, association or corporation duly licensed to transact a property/casualty insurance business in this state. The following, inter alia, are not licensed insurers for the purposes of this chapter:   All risk retention groups as defined in the Superfund Amendments Reauthorization Act of 1986, Public Law No. 99-499, 100 Stat. 1613 (1986) and the Risk Retention Act, 15 U.S.C.S. Section 3901 et seq. (1982 & Supp. 1986) and the State Risk Retention Act in Section 83-55-1 et seq.;   All residual market pools and joint underwriting authorities or associations;   All captive insurers that are insurance companies owned by another organization whose exclusive purpose is to insure risks of the parent organization and affiliated companies or, in the case of groups and associations, insurance organizations owned by the insureds whose exclusive purpose is to insure risks to member organizations and/or group members and their affiliates; and   All insurers that are insurance companies owned by another organization whose property or casualty insurance policies are written only in conjunction with consumer loan contracts.   "Producer" means an insurance broker or brokers or any other person, firm, association or corporation when, for any compensation, commission or other thing of value, such person, firm, association or corporation acts or aids in any manner in soliciting, negotiating or procuring the making of any insurance contract on behalf of an insured other than the person, firm, association or corporation.
MS Code § 83-59-5 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 59 - Business Transacted With Producer Controlled Insurer Act|§ 83-59-5. Applicability to licensed insurers; effect of, and upon, other laws governing insurance holding companies

 This chapter shall apply to licensed insurers as defined in Section 83-59-3, either domiciled in this state or domiciled in a state that is not an accredited state having in effect a substantially similar law. All laws governing insurance holding companies to the extent they are not superseded by this chapter shall continue to apply to all parties within holding company systems subject to this chapter.
MS Code § 83-59-9 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 59 - Business Transacted With Producer Controlled Insurer Act|§ 83-59-9. Notification to insured of control relationship

 The producer, before the effective date of the policy, shall deliver written notice to the prospective insured disclosing the relationship between the producer and the controller insurer; except that, if the business is placed through a subproducer who is not a controlling producer, the controlling producer shall retain in his records a signed commitment from the subproducer that the subproducer is aware of the relationship between the insurer and the producer and that the subproducer has or will notify the insured.
MS Code § 83-59-11 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 59 - Business Transacted With Producer Controlled Insurer Act|§ 83-59-11. Enforcement; noncompliance; penalties

    If the commissioner believes that the controlling producer or any other person has not materially complied with this chapter, or any regulation or order promulgated hereunder, after notice and opportunity to be heard, the commissioner may order the controlling producer to cease placing business with the controlled insurer; and   If it was found that because of such material noncompliance that the controlled insurer or any policyholder thereof has suffered any loss or damage, the commissioner may maintain a civil action or intervene in an action brought by or on behalf of the insurer or policyholder for recovery of compensatory damages for the benefit of the insurer or policyholder or other appropriate relief.     If an order for liquidation or rehabilitation of the controlled insurer has been entered in accordance with the Insurers Rehabilitation and Liquidation Act in Section 83-24-1 et seq. and the receiver appointed under that order believes that the controlling producer or any other person has not materially complied with this chapter, or any regulation or order promulgated hereunder, and the insurer suffered any loss or damage therefrom, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the insurer.   Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided for in the insurance laws.   Nothing contained in this section is intended to or shall in any manner alter or affect the rights of policyholders, claimants, creditors or other third parties.
MS Code § 83-61-1 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 61 - Voluntary Basic Health Insurance Coverage Law|§ 83-61-1. Short title

 This chapter shall be known and may be cited as the "Voluntary Basic Health Insurance Coverage Law."
MS Code § 83-61-3 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 61 - Voluntary Basic Health Insurance Coverage Law|§ 83-61-3. Definitions

 As used in this chapter the following words and phrases shall have the meanings ascribed herein unless the context clearly requires otherwise:   "Carrier" means any insurance company, health maintenance association or hospital, medical or surgical services association that is authorized by the State of Mississippi to write accident and health insurance policies and contracts.   "Program" means the Voluntary Basic Health Insurance Coverage Program.   "Provider" means any provider of medical services as defined in the contract of insurance coverage.   "Approved carrier" means any insurance company, health maintenance association or hospital, medical or surgical services association that meets the criteria established by this chapter to participate in the Voluntary Basic Health Insurance Coverage Program.
MS Code § 83-61-5 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 61 - Voluntary Basic Health Insurance Coverage Law|§ 83-61-5. Promulgation of rules and regulations

 The Commissioner of Insurance is directed to promulgate rules and regulations to establish procedures for implementation of the provisions of this chapter and penalties for noncompliance.
MS Code § 83-61-7 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 61 - Voluntary Basic Health Insurance Coverage Law|§ 83-61-7. Eligibility

  To be eligible for insurance coverage under the program, an individual shall provide evidence to the approved carrier that he or she:   Is under sixty-five (65) years of age;   Is acceptable to the approved carrier; and   Has been without private health insurance coverage for the twelve (12) months immediately preceding application to the program, or that his or her family income does not exceed one hundred fifty percent (150%) of the federal poverty level.     No person who is covered under the program and terminates the coverage is again eligible for coverage unless twelve (12) months have elapsed since the person's latest termination.
MS Code § 83-61-9 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 61 - Voluntary Basic Health Insurance Coverage Law|§ 83-61-9. Participation voluntary

 Participation by carriers and providers in policy authorization by this chapter shall be voluntary.
MS Code § 83-61-11 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 61 - Voluntary Basic Health Insurance Coverage Law|§ 83-61-11. Exemption from mandated benefits and premium tax

 Contracts of insurance coverage offered by approved carriers that are approved by the Commissioner of Insurance shall be exempt from all state mandated benefits and from the premium tax required in Sections 27-15-103 and 27-15-109.
MS Code § 83-61-13 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 61 - Voluntary Basic Health Insurance Coverage Law|§ 83-61-13. Written disclosure by the carrier; written statement by eligible individual; services and costs information

  Upon offering coverage under a minimum benefits or basic coverage contract issued in accordance with this chapter, the approved carrier shall provide the eligible individual with a written disclosure containing at least the following:   An explanation that this is a minimum benefits or basic insurance coverage contract and that benefits otherwise mandated by state law are not covered in the minimum benefits contracts;   An explanation of the benefits mandated by state law;   An explanation of the cost control features of the minimum benefits or basic coverage contract; and   A list of applicable addresses and telephone numbers for use by the eligible individual to obtain information on and authorization for participation in the program.     Before issuing a minimum benefits or basic insurance coverage contract in accordance with this chapter, the approved carrier shall obtain from the eligible individual a signed written statement in which the individual:   Certifies his or her eligibility for coverage under a minimum benefits or basic coverage contract in accordance with Section 83-61-7;   Acknowledges the limited benefits provided under the basic coverage insurance contract.     The State Health Department shall furnish information to approved carriers concerning the services, and the costs of such services, if any, available from the county and state health departments, and such information shall be included in contracts of insurance coverage.   The carriers shall furnish information to their policyholders concerning the federal government's earned income credit for health insurance, and such information shall be included in contracts of insurance coverage issued under this chapter.
MS Code § 83-61-15 (2020)
2020 Mississippi Code|Title 83 - Insurance|Chapter 61 - Voluntary Basic Health Insurance Coverage Law|§ 83-61-15. Advisory committee; membership

 The Commissioner of Insurance may appoint an advisory committee, engage consultants or participate in grant programs to study and recommend the details of the program. The advisory committee shall be composed of the following: one (1) physician, one (1) hospital representative, one (1) small business representative, one (1) domestic insurer, one (1) member of the Health Insurance Agents Association, and one (1) nonprofit insurer. One (1) representative of the Department of Insurance shall serve as an ex officio member of the advisory committee. The advisory committee shall serve at the will and pleasure of the Commissioner of Insurance.