reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 21 - FOREIGN COMPANIES (§§ 83-21-1 — 83-21-51) › GENERAL PROVISIONS (§§ 83-21-1 — 83-21-31) › Section 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.
Codes, 1942, § 5705-05; Laws, 1954, ch. 307, § 5.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 21 - FOREIGN COMPANIES (§§ 83-21-1 — 83-21-51) › UNAUTHORIZED INSURERS PROCESS LAW (§§ 83-21-33 — 83-21-51) › Section 83-21-33 - Citation

Sections
83-21-33
through
83-21-51
may be cited as "The Unauthorized Insurers Process Law."
Codes, 1942, § 5705-21; Laws, 1958, ch. 450, § 11.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 21 - FOREIGN COMPANIES (§§ 83-21-1 — 83-21-51) › UNAUTHORIZED INSURERS PROCESS LAW (§§ 83-21-33 — 83-21-51) › Section 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.
Codes, 1942, § 5705-11; Laws, 1958, ch. 450, § 1.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 21 - FOREIGN COMPANIES (§§ 83-21-1 — 83-21-51) › UNAUTHORIZED INSURERS PROCESS LAW (§§ 83-21-33 — 83-21-51) › Section 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.
Codes, 1942, § 5705-12; Laws, 1958, ch. 450, § 2.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 21 - FOREIGN COMPANIES (§§ 83-21-1 — 83-21-51) › UNAUTHORIZED INSURERS PROCESS LAW (§§ 83-21-33 — 83-21-51) › Section 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.
Codes, 1942, § 5705-13; Laws, 1958, ch. 450, § 3.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 21 - FOREIGN COMPANIES (§§ 83-21-1 — 83-21-51) › UNAUTHORIZED INSURERS PROCESS LAW (§§ 83-21-33 — 83-21-51) › Section 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.
Codes, 1942, § 5705-14; Laws, 1958, ch. 450, § 4; Laws, 1991, ch. 573, § 122, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 21 - FOREIGN COMPANIES (§§ 83-21-1 — 83-21-51) › UNAUTHORIZED INSURERS PROCESS LAW (§§ 83-21-33 — 83-21-51) › Section 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.
Codes, 1942, § 5705-15; Laws, 1958, ch. 450, § 5.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 21 - FOREIGN COMPANIES (§§ 83-21-1 — 83-21-51) › UNAUTHORIZED INSURERS PROCESS LAW (§§ 83-21-33 — 83-21-51) › Section 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.
Codes, 1942, § 5705-16; Laws, 1958, ch. 450, § 6.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 21 - FOREIGN COMPANIES (§§ 83-21-1 — 83-21-51) › UNAUTHORIZED INSURERS PROCESS LAW (§§ 83-21-33 — 83-21-51) › Section 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.
Codes, 1942, § 5705-17; Laws, 1958, ch. 450, § 7.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 21 - FOREIGN COMPANIES (§§ 83-21-1 — 83-21-51) › UNAUTHORIZED INSURERS PROCESS LAW (§§ 83-21-33 — 83-21-51) › Section 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.
Codes, 1942, § 5705-18; Laws, 1958, ch. 450, § 8.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 21 - FOREIGN COMPANIES (§§ 83-21-1 — 83-21-51) › UNAUTHORIZED INSURERS PROCESS LAW (§§ 83-21-33 — 83-21-51) › Section 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.
Codes, 1942, § 5705-19; Laws, 1958, ch. 450, § 9.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 1 - INSOLVENT COMPANIES (§§ 83-23-1 — 83-23-9) › Section 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.
Codes, 1942, § 5643; Laws, 1938, ch. 195; Laws, 1958, ch. 434, § 1.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 1 - INSOLVENT COMPANIES (§§ 83-23-1 — 83-23-9) › Section 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.
Codes, 1942, § 5643; Laws, 1938, ch. 195; Laws, 1958, ch. 434, § 2.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 1 - INSOLVENT COMPANIES (§§ 83-23-1 — 83-23-9) › Section 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.
Codes, 1942, § 5644; Laws, 1938, ch. 195.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 1 - INSOLVENT COMPANIES (§§ 83-23-1 — 83-23-9) › Section 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.
Codes, 1942, § 5645; Laws, 1938, ch. 195.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 1 - INSOLVENT COMPANIES (§§ 83-23-1 — 83-23-9) › Section 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
.
Codes, 1942, § 5646; Laws, 1938, ch. 195; Laws, 1997, ch. 307, § 4, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 3 - INSURANCE GUARANTY ASSOCIATION (§§ 83-23-101 — 83-23-137) › Section 83-23-101 - Title

This article shall be known and may be cited as the Mississippi Insurance Guaranty Association Law.
Codes, 1942, § 5814-51; Laws, 1970, ch. 446, § 1, eff. 4/6/1970.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 3 - INSURANCE GUARANTY ASSOCIATION (§§ 83-23-101 — 83-23-137) › Section 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.
Codes, 1942, § 5814-52; Laws, 1970, ch. 446, § 2, eff. 4/6/1970.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 3 - INSURANCE GUARANTY ASSOCIATION (§§ 83-23-101 — 83-23-137) › Section 83-23-105 - Application of article; exceptions

This article shall apply to all kinds of direct insurance except the following:
(a)
Life, annuity, health or disability insurance;
(b)
Mortgage guaranty, financial guaranty or other forms of insurance offering protection against insolvent risks;
(c)
Fidelity or surety bonds, or any other bonding obligations;
(d)
Credit insurance;
(e)
Insurance of warranties or service contracts;
(f)
Title insurance;
(g)
Ocean marine insurance;
(h)
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
(i)
Any insurance provided by or guaranteed by government.
Codes, 1942, § 5814-53; Laws, 1970, ch. 446, § 3; Laws, 1992, ch. 412, § 1, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 3 - INSURANCE GUARANTY ASSOCIATION (§§ 83-23-101 — 83-23-137) › Section 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.
Codes, 1942, § 5814-54; Laws, 1970, ch. 446, § 4, eff. 4/6/1970.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 3 - INSURANCE GUARANTY ASSOCIATION (§§ 83-23-101 — 83-23-137) › Section 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
.
Codes, 1942, § 5814-56; Laws, 1970, ch. 446, § 6, eff. 4/6/1970.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 3 - INSURANCE GUARANTY ASSOCIATION (§§ 83-23-101 — 83-23-137) › Section 83-23-113 - Board of directors

(1)
The board of directors of the association shall consist of not less than five (5) nor more than nine (9) persons, serving terms as established in the plan of operation. The members of the board shall be selected by member insurers, subject to the approval of the commissioner. Vacancies of the board shall be filled for the remaining period of the term by a majority vote of the remaining board members subject to the approval of the commissioner. If no members are selected within sixty (60) days after July 1, 1992, the commissioner may appoint the initial members of the board of directors.
(2)
In approving selections to the board, the commissioner shall consider, among other things, whether all member insurers are fairly represented.
(3)
Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors.
Codes, 1942, § 5814-57; Laws, 1970, ch. 446, § 7; Laws, 1992, ch. 412, § 3, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 3 - INSURANCE GUARANTY ASSOCIATION (§§ 83-23-101 — 83-23-137) › Section 83-23-119 - Duties and powers of the commissioner

(1)
The commissioner shall:
(a)
Notify the association of the existence of an insolvent insurer not later than three (3) days after he receives notice of the determination of the insolvency.
(b)
Upon request of the board of directors, provide the association with a statement of the net direct written premiums of each member insurer.
(2)
The commissioner may:
(a)
Require that the association notify the insureds of the insolvent insurer and any other interested parties of the determination of insolvency and of their rights under this article. Such notification shall be by mail at their last-known address, where available, but if sufficient information for notification by mail is not available, notice by publication in a newspaper of general circulation shall be sufficient.
(b)
Suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due, or fails to comply with the plan of operation. As an alternative, the commissioner may levy a fine on any member insurer which fails to pay an assessment when due. Such fine shall not exceed five percent (5%) of the unpaid assessment per month, except that no fine shall be less than One Hundred Dollars ($100.00) per month.
(c)
Revoke the designation of any servicing facility if he finds claims are being handled unsatisfactorily.
(3)
Any final action or order of the commissioner under this article shall be subject to judicial review in a court of competent jurisdiction.
Codes, 1942, § 5814-60; Laws, 1970, ch. 446, § 10, eff. 4/6/1970.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 3 - INSURANCE GUARANTY ASSOCIATION (§§ 83-23-101 — 83-23-137) › Section 83-23-121 - Assignment of rights to association; effect of paid claims

(1)
Any person recovering under this article shall be deemed to have assigned his rights under the policy to the association to the extent of his recovery from the association. Every insured or claimant seeking the protection of this article shall cooperate with the association to the same extent as such person would have been required to cooperate with the insolvent insurer. The association shall have no cause of action against the insured of the insolvent insurer for any sums it has paid out except such causes of action as the insolvent insurer would have had if such sums had been paid by the insolvent insurer, and except as provided in subsection (2). In the case of an insolvent insurer operating on a plan with assessment liability, payments of claims of the association shall not operate to reduce the liability of insureds to the receiver, liquidator, or statutory successor for unpaid assessments.
(2)
The association shall have the right to recover from the following persons the amount of any "covered claim" paid on behalf of such person pursuant to this article:
Any person who is an affiliate of the insolvent insurer and whose liability obligations to other persons are satisfied in whole or in part by payments made under this article.
(3)
The receiver, liquidator, or statutory successor of an insolvent insurer shall be bound by settlements of covered claims by the association or a similar organization in another state. The court having jurisdiction shall grant such claims priority equal to that which the claimant would have been entitled in the absence of this article against the assets of the insolvent insurer. The expenses of the association or similar organization in handling claims shall be accorded the same priority as the liquidator's expenses.
(4)
The association shall periodically file with the receiver or liquidator of the insolvent insurer statements of the covered claims paid by the association and estimates of anticipated claims on the association, which shall preserve the rights of the association against the assets of the insolvent insurer.
Codes, 1942, § 5814-61; Laws, 1970, ch. 446, § 11; Laws, 1992, ch. 412, § 5, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 3 - INSURANCE GUARANTY ASSOCIATION (§§ 83-23-101 — 83-23-137) › Section 83-23-123 - Nonduplication of recovery

(1)
Any person having a claim against an insurer under any provision in an insurance policy other than a policy of an insolvent insurer, which is also a covered claim, shall be required to exhaust first his right under such policy. Any amount payable on a covered claim under this article shall be reduced by the amount of any recovery under such insurance policy.
(2)
Any person having a claim which may be recovered under more than one (1) insurance guaranty association or its equivalent shall seek recovery first from the association of the place of residence of the insured, except that if it is a first party claim for damage to property with a permanent location, he shall seek recovery first from the association of the location of the property, and if it is a workmen's compensation claim, he shall seek recovery first from the association of the residence of the claimant. Any recovery under this article shall be reduced by the amount of recovery from any other insurance guaranty association or its equivalent.
Codes, 1942, § 5814-62; Laws, 1970, ch. 446, § 12, eff. 4/6/1970.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 3 - INSURANCE GUARANTY ASSOCIATION (§§ 83-23-101 — 83-23-137) › Section 83-23-125 - Prevention of insolvencies

To aid in the detection and prevention of insurer insolvencies:
(a)
It shall be the duty of the board of directors, upon majority vote, to notify the commissioner of any information indicating any member insurer may be insolvent or in a financial condition hazardous to the policyholders or the public.
(b)
The board of directors may, upon majority vote, request that the commissioner order an examination of any member insurer which the board in good faith believes may be in a financial condition hazardous to the policyholders or the public. Within thirty (30) days of the receipt of such request, the commissioner shall begin such examination. The examination may be conducted as a National Association of Insurance Commissioners examination, or may be conducted by such persons as the commissioner designates. The cost of such examination shall be paid by the association, and the examination report shall be treated as are other examination reports. In no event shall such examination report be released to the board of directors prior to its release to the public, but this shall not preclude the commissioner from complying with subsection (c). The commissioner shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the commissioner, but it shall not be open to public inspection prior to the release of the examination report to the public.
(c)
It shall be the duty of the commissioner to report to the board of directors when he has reasonable cause to believe that any member insurer examined or being examined at the request of the board of directors may be insolvent or in a financial condition hazardous to the policyholders or the public.
(d)
The board of directors may, upon majority vote, make reports and recommendations to the commissioner upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any member insurer. Such reports and recommendations shall not be considered public documents.
(e)
The board of directors may, upon majority vote, make recommendations to the commissioner for the detection and prevention of insurer insolvencies.
(f)
The board of directors shall, at the conclusion of any insurer insolvency in which the association was obligated to pay covered claims, prepare a report on the history and causes of such insolvency, based on the information available to the association, and submit such report to the commissioner.
Codes, 1942, § 5814-63; Laws, 1970, ch. 446, § 13, eff. 4/6/1970.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 3 - INSURANCE GUARANTY ASSOCIATION (§§ 83-23-101 — 83-23-137) › Section 83-23-127 - Examination of the association

The association shall be subject to examination and regulation by the commissioner. The board of directors shall submit, not later than March 30 of each year, a financial report for the preceding calendar year in a form approved by the commissioner.
Codes, 1942, § 5814-64; Laws, 1970, ch. 446, § 14, eff. 4/6/1970.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 3 - INSURANCE GUARANTY ASSOCIATION (§§ 83-23-101 — 83-23-137) › Section 83-23-129 - Tax exemption

The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions except taxes levied on real or personal property.
Codes, 1942, § 5814-65; Laws, 1970, ch. 446, § 15, eff. 4/6/1970.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 3 - INSURANCE GUARANTY ASSOCIATION (§§ 83-23-101 — 83-23-137) › Section 83-23-131 - Recognition of assessments in rates

The rates and premiums charged for insurance policies to which this article applies may include amounts sufficient to recoup a sum equal to the amounts paid to the association by the member insurer less any amounts returned to the member insurer by the association. Such rates shall not be deemed excessive because they contain an amount reasonably calculated to recoup assessments paid by the member insurer.
Codes, 1942, § 5814-66; Laws, 1970, ch. 446, § 16, eff. 4/6/1970.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 3 - INSURANCE GUARANTY ASSOCIATION (§§ 83-23-101 — 83-23-137) › Section 83-23-133 - Immunity

There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer, the association, its agents or employees, the board of directors, or the commissioner or his representatives for any action taken or any failure to act by them in the performance of their powers and duties under this article.
Codes, 1942, § 5814-67; Laws, 1970, ch. 446, § 17; Laws, 1992, ch. 412, § 6, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 3 - INSURANCE GUARANTY ASSOCIATION (§§ 83-23-101 — 83-23-137) › Section 83-23-135 - Stay of proceedings; access to insolvent insurer's records

All proceedings in which the insolvent insurer is a party or is obligated to defend a party in any court in this state shall be stayed for six (6) months and for such additional time thereafter as may be determined by the court from the date the insolvency is determined or an ancillary proceeding is instituted in the state, whichever is later, to permit proper defense by the association of all pending causes of action as to any covered claims arising from a judgment under any decision, verdict, or finding based on the default of the insolvent insurer or its failure to defend an insured. The association, either on its own behalf or on behalf of such insured, may apply to have such judgment, order, decision, verdict, or finding set aside by the same court or administrator that made such judgment, order, decision, verdict, or finding, and shall be permitted to defend against such claim on the merits.
The liquidator, receiver, or statutory successor of an insolvent insurer covered by this article shall permit access by the board or its authorized representative to the insolvent insurer's records which are necessary for the board in carrying out its functions under this article with regard to covered claims. In addition, the liquidator, receiver, or statutory successor shall provide the board or its representative with copies of such records upon the request by the board and at the expense of the board.
Codes, 1942, § 5814-68; Laws, 1970, ch. 446, § 18; Laws, 1992, ch. 412, § 7, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 5 - MISSISSIPPI LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 83-23-201 — 83-23-239) › Section 83-23-201 - Citation of article

This article shall be known and may be cited as the "Mississippi Life and Health Insurance Guaranty Association Act".
Laws, 1985, ch. 482, § 1, eff. 4/9/1985.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 5 - MISSISSIPPI LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 83-23-201 — 83-23-239) › Section 83-23-203 - Purpose

(1)
The purpose of this article is to protect, subject to certain limitations, the persons specified in Section
83-23-205(1)
against failure in the performance of contractual obligations, under life, health, and annuity policies, plans or contracts specified in Section
83-23-205(2)
, because of the impairment or insolvency of the member insurer that issued the policies, plans or contracts.
(2)
To provide this protection, an association of member insurers is created to pay benefits and to continue coverages as limited herein, and members of the association are subject to assessment to provide funds to carry out the purpose of this article.
Laws, 1985, ch. 482, § 2; Laws, 1990, ch. 546, § 1, eff. 7/1/1990.
Amended by Laws, 2020, ch. 304, SB 2227,§ 1, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 5 - MISSISSIPPI LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 83-23-201 — 83-23-239) › Section 83-23-207 - Construction of article

This article shall be construed to effect the purpose under Section
85-23-203
.
Laws, 1985, ch. 482, § 4; Laws, 1999, ch. 365, § 2, eff. 3/15/1999.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 5 - MISSISSIPPI LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 83-23-201 — 83-23-239) › Section 83-23-211 - Mississippi Life and Health Insurance Guaranty Association; member insurers; functions; accounts

(1)
There is created a nonprofit legal entity to be known as the Mississippi Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance or a health maintenance organization business in this state. The association shall perform its functions under the plan of operation established and approved under Section
83-23-219
and shall exercise its powers through a board of directors established under Section
83-23-213
. For purposes of administration and assessment the association shall maintain two (2) accounts:
(a)
The life insurance and annuity account which includes the following subaccounts:
(i)
Life insurance account;
(ii)
Annuity account which shall include annuity contracts owned by a governmental retirement plan (or its trustee) established under Section 401, 403(b) or 457 of the United States Internal Revenue Code, but shall otherwise exclude unallocated annuities; and
(iii)
Unallocated annuity account which shall exclude contracts owned by a governmental retirement benefit plan (or its trustee) established under Section 401, 403(b) or 457 of the United States Internal Revenue Code.
(b)
The health account.
(2)
The association shall come under the immediate supervision of the commissioner and shall be subject to the applicable provisions of the insurance laws of this state. Meetings or records of the association may be opened to the public upon majority vote of the board of directors of the association.
Laws, 1985, ch. 482, § 6; Laws, 1990, ch. 546, § 4; Laws, 1999, ch. 365, § 4, eff. 3/15/1999.
Amended by Laws, 2020, ch. 304, SB 2227,§ 4, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 5 - MISSISSIPPI LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 83-23-201 — 83-23-239) › Section 83-23-213 - Board of directors; selection; compensation

(1)
The board of directors of the association shall consist of not less than five (5) nor more than nine (9) member insurers serving terms as established in the plan of operation. The members of the board shall be selected by member insurers subject to the approval of the commissioner. Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the commissioner. To select the initial board of directors, and initially organize the association, the commissioner shall give notice to all member insurers of the time and place of the organizational meeting. In determining voting rights at the organizational meeting each member insurer shall be entitled to one (1) vote in person or by proxy. If the board of directors is not selected within sixty (60) days after notice of the organizational meeting, the commissioner may appoint the initial members.
(2)
In approving selections or in appointing members to the board, the commissioner shall consider, among other things, whether all member insurers are fairly represented.
(3)
Members of the board may be reimbursed from the assets of the association for expenses incurred by them as members of the board of directors but members of the board shall not otherwise be compensated by the association for their services.
Laws, 1985, ch. 482, § 7, eff. 4/9/1985.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 5 - MISSISSIPPI LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 83-23-201 — 83-23-239) › Section 83-23-218 - Member insurers permitted to offset assessment against taxes

(1)
From and after July 1, 1993, a member insurer may offset against its (premium, franchise or income) tax liability (or liabilities) to this state an assessment described in Section
83-23-217(8)
to the extent of twenty percent (20%) of the amount of such assessment, if any, for each year over the next five (5) succeeding years. However, if the offset is less than twenty percent (20%), any unused balance may be carried over to any succeeding year until such time as the offset provided herein is fully used. In the event a member insurer should cease doing business, all uncredited assessments may be credited against its (premium, franchise or income) tax liability (or liabilities) for the year it ceases doing business.
(2)
Any sums which are acquired by refund, pursuant to Section
83-23-217(6)
, from the association by member insurers, and which have theretofore been offset against (premium, franchise or income) taxes as provided in subsection (1) of this section, shall be paid by such insurers to this state in such manner as the tax authorities may require. The association shall notify the commissioner that such refunds have been made.
Laws, 1990, ch. 546, § 11; Laws, 1993, ch. 347, § 1, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 5 - MISSISSIPPI LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 83-23-201 — 83-23-239) › Section 83-23-221 - Duties of commissioner; enforcement of assessments against member insurers; appeal

(1)
In addition to the duties and powers enumerated elsewhere in this article, the commissioner shall:
(a)
Upon request of the board of directors, provide the association with a statement of the premiums in this and any other appropriate states for each member insurer; and
(b)
When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time; notice to the impaired insurer shall constitute notice to its shareholders, if any; the failure of the impaired insurer to promptly comply with such demand shall not excuse the association from the performance of its powers and duties under this article.
(2)
The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact business in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. As an alternative the commissioner may levy a forfeiture on any member insurer which fails to pay an assessment when due. The forfeiture shall not exceed five percent (5%) of the unpaid assessment per month, but no forfeiture shall be less than One Hundred Dollars ($100.00) per month.
(3)
A final action of the board of directors or the association may be appealed to the commissioner by a member insurer if the appeal is taken within sixty (60) days of its receipt of notice of the final action being appealed. A final action or order of the commissioner shall be subject to judicial review in a court of competent jurisdiction in accordance with the laws of this state that apply to the actions or orders of the commissioner.
(4)
The liquidator, rehabilitator or conservator of an impaired or insolvent insurer may notify all interested persons of the effect of this article.
Laws, 1985, ch. 482, § 11; Laws, 1990, ch. 546, § 8; Laws, 1999, ch. 365, § 7, eff. 3/15/1999.
Amended by Laws, 2020, ch. 304, SB 2227,§ 7, eff. 7/1/2020.
Amended by Laws, 2014, ch. 358, SB 2381, 6, eff. 3/17/2014.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 5 - MISSISSIPPI LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 83-23-201 — 83-23-239) › Section 83-23-227 - Regulation by commissioner; annual report

The association shall be subject to examination and regulation by the commissioner. The board of directors shall submit to the commissioner, each year not later than one hundred twenty (120) days after the association's fiscal year, a financial report in a form approved by the commissioner and a report of its activities during the preceding fiscal year. Upon the request of a member insurer, the association shall provide the member insurer with a copy of the report.
Laws, 1985, ch. 482, § 14, eff. 4/9/1985.
Amended by Laws, 2014, ch. 358, SB 2381, 9, eff. 3/17/2014.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 5 - MISSISSIPPI LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 83-23-201 — 83-23-239) › Section 83-23-229 - Tax status of association

The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real property.
Laws, 1985, ch. 482, § 15, eff. 4/9/1985.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 5 - MISSISSIPPI LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 83-23-201 — 83-23-239) › Section 83-23-231 - Immunity of member insurers, employees, directors of association and similar organizations

There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors, or the commissioner or his representatives, for any action or omission by them in the performance of their powers and duties under this article. Such immunity shall extend to the participation in any organization of one or more other state associations of similar purposes and to any such organization and its agents or employees.
Laws, 1985, ch. 482, § 16; Laws, 1990, ch. 546, § 10, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 5 - MISSISSIPPI LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 83-23-201 — 83-23-239) › Section 83-23-233 - Stay of judicial proceedings upon order of liquidation, rehabilitation, or conservation

All proceedings in which the insolvent insurer is a party in any court in this state shall be stayed one hundred and eighty (180) days from the date an order of liquidation, rehabilitation or conservation is final to permit proper legal action by the association on any matters germane to its powers or duties. As to judgment under any decision, order, verdict or finding based on default the association may apply to have such judgment set aside by the same court that made such judgment and shall be permitted to defend against such suit on the merits.
Laws, 1985, ch. 482, § 17, eff. 4/9/1985.
Amended by Laws, 2014, ch. 358, SB 2381, 10, eff. 3/17/2014.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 5 - MISSISSIPPI LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 83-23-201 — 83-23-239) › Section 83-23-237 - Applicability of amendments by Chapter 358, Laws of 2014

The amendments made to this article by Chapter 358, Laws of 2014 during the 2014 Regular Session of the Legislature shall not apply to any member insurer that, before March 17, 2014, has been placed under an order of liquidation with a finding of insolvency.
Added by Laws, 2014, ch. 358, SB 2381, 11, eff. 3/17/2014.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 23 - INSOLVENT INSURANCE COMPANIES; INSURANCE GUARANTY ASSOCIATION (§§ 83-23-1 — 83-23-239) › Article 5 - MISSISSIPPI LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT (§§ 83-23-201 — 83-23-239) › Section 83-23-239 - Amendments by Chapter 304, Laws of 2020, to this article not applicable to member insurers placed under liquidation order

The amendments made to this article by Chapter 304, Laws of 2020, shall not apply to any member insurer that, before the effective date of those amendments, has been placed under an order of liquidation with a finding of insolvency.
Added by Laws, 2020, ch. 304, SB 2227,§ 11, eff. 7/1/2020.