reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 83 - TRAVEL INSURANCE ACT (§§ 83-83-1 — 83-83-15) › Section 83-83-7 - Registration

Notwithstanding any other provision in law, a travel retailer whose insurance-related activities, and those of its employees and authorized representatives, are limited to offering and disseminating travel insurance on behalf of and under the direction of a limited lines travel insurance producer meeting the conditions stated in this chapter, is authorized to do so and receive related compensation, upon registration by the limited lines travel insurance producer as described in Section
83-83-5(b)(ii)
.
Added by Laws, 2015, ch. 347, § 4, eff. 1/1/2016.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 83 - TRAVEL INSURANCE ACT (§§ 83-83-1 — 83-83-15) › Section 83-83-8 - Travel protection plans

Travel protection plans may be offered for one (1) price for the combined features that the travel protection plan offers in this state if:
(a)
The travel protection plan clearly discloses to the consumer at or prior to the time of purchase that it includes travel insurance, travel assistance services, and cancellation fee waivers as applicable, and provides information and an opportunity at or prior to the time of purchase for the consumer to obtain additional information regarding the features and pricing of each; and
(b)
The fulfillment materials:
(i)
Describe and delineate the travel insurance, travel assistance services, and cancellation fee waivers in the travel protection plan; and
(ii)
Include the travel insurance disclosures and the contact information for persons providing travel assistance services and cancellation fee waivers, as applicable.
Added by Laws, 2022, ch. 357, HB 160,§ 6, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 83 - TRAVEL INSURANCE ACT (§§ 83-83-1 — 83-83-15) › Section 83-83-9 - Policy

(1)
Notwithstanding any other provision of this title, travel insurance shall be classified and filed for purposes of rates and forms under an inland marine line of insurance; provided, however, that travel insurance that provides coverage for sickness, accident, disability or death occurring during travel, either exclusively or in conjunction with related coverages of emergency evacuation or repatriation of remains, or incidental limited property and casualty benefits such as baggage or trip cancellation, may be filed by an authorized insurer under either an accident and health line of insurance or an inland marine line of insurance.
(2)
Travel insurance may be provided under an individual group or blanket policy.
(3)
Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels, provided those standards also meet the state's underwriting standards for inland marine.
Amended by Laws, 2022, ch. 357, HB 160,§ 7, eff. 7/1/2022.
Added by Laws, 2015, ch. 347, § 5, eff. 1/1/2016.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 83 - TRAVEL INSURANCE ACT (§§ 83-83-1 — 83-83-15) › Section 83-83-10 - Travel administrator

(1)
Notwithstanding any other provisions of this title, no person shall act or represent itself as a travel administrator for travel insurance in this state unless that person:
(a)
Is a licensed property and casualty insurance producer in this state for activities permitted under that producer license;
(b)
Holds a valid managing general agent ("MGA") license in this state; or
(c)
Holds a valid third-party administrator ("TPA") license in this state.
(2)
A travel administrator and its employees are exempt from the licensing requirements of Section
83-17-401
et seq. for travel insurance it administers.
(3)
An insurer is responsible for the acts of a travel administrator administering travel insurance underwritten by the insurer, and is responsible for ensuring that the travel administrator maintains all books and records relevant to the insurer to be made available by the travel administrator to the commissioner upon request.
Added by Laws, 2022, ch. 357, HB 160,§ 8, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 83 - TRAVEL INSURANCE ACT (§§ 83-83-1 — 83-83-15) › Section 83-83-11 - Responsibility

As the insurer designee, the limited lines travel insurance producer is responsible for the acts of the travel retailer and shall use reasonable means to ensure compliance by the travel retailer with this chapter.
Added by Laws, 2015, ch. 347, § 6, eff. 1/1/2016.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 83 - TRAVEL INSURANCE ACT (§§ 83-83-1 — 83-83-15) › Section 83-83-15 - Regulations

The Commissioner of Insurance may promulgate regulations to implement the provisions of this chapter.
Added by Laws, 2022, ch. 357, HB 160,§ 10, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 85 - OWN RISK AND SOLVENCY ASSESSMENT ACT (§§ 83-85-1 — 83-85-21) › Section 83-85-1 - Title

This chapter shall be known and may be cited as the "Own Risk and Solvency Assessment Act."
Added by Laws, 2017, ch. 306, SB 2298, 11, eff. 1/1/2018.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 85 - OWN RISK AND SOLVENCY ASSESSMENT ACT (§§ 83-85-1 — 83-85-21) › Section 83-85-3 - Own Risk and Solvency Assessment (ORSA)

The purpose of this chapter is to provide the requirements for maintaining a risk management framework and completing an Own Risk and Solvency Assessment (ORSA) and provide guidance and instructions for filing an ORSA Summary Report with the insurance commissioner of this state. The requirements of this chapter shall apply to all insurers domiciled in this state unless exempt pursuant to Section
83-85-13
.
Added by Laws, 2017, ch. 306, SB 2298, 12, eff. 1/1/2018.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 85 - OWN RISK AND SOLVENCY ASSESSMENT ACT (§§ 83-85-1 — 83-85-21) › Section 83-85-5 - Definitions

As used in this chapter, the following words shall have the meaning ascribed herein unless the context clearly requires otherwise:
(a)
"Insurance group" means, for the purpose of conducting an ORSA, those insurers and affiliates included within an insurance holding company system as defined in Section
83-6-1(d)
.
(b)
"Insurer" shall have the same meaning as set forth in Section
83-6-1(e)
, except that it shall not include agencies, authorities or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state.
(c)
"Own Risk and Solvency Assessment" or "ORSA" means a confidential internal assessment, appropriate to the nature, scale and complexity of an insurer or insurance group, conducted by that insurer or insurance group of the material and relevant risks associated with the insurer or insurance group's current business plan, and the sufficiency of capital resources to support those risks.
(d)
"ORSA Guidance Manual" means the current version of the Own Risk and Solvency Assessment Guidance Manual developed and adopted by the National Association of Insurance Commissioners (NAIC) and as amended from time to time. A change in the ORSA Guidance Manual shall be effective on the January 1 following the calendar year in which the changes have been adopted by the NAIC.
(e)
"ORSA Summary Report" means a confidential high-level summary of an insurer or insurance group's ORSA.
Added by Laws, 2017, ch. 306, SB 2298, 13, eff. 1/1/2018.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 85 - OWN RISK AND SOLVENCY ASSESSMENT ACT (§§ 83-85-1 — 83-85-21) › Section 83-85-7 - Risk management framework

An insurer shall maintain a risk management framework to assist the insurer with identifying, assessing, monitoring, managing and reporting on its material and relevant risks. This requirement may be satisfied if the insurance group of which the insurer is a member maintains a risk management framework applicable to the operations of the insurer.
Added by Laws, 2017, ch. 306, SB 2298, 14, eff. 1/1/2018.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 85 - OWN RISK AND SOLVENCY ASSESSMENT ACT (§§ 83-85-1 — 83-85-21) › Section 83-85-9 - ORSA requirement

Subject to Section
83-85-13
, an insurer, or the insurance group of which the insurer is a member, shall regularly conduct an ORSA consistent with a process comparable to the ORSA Guidance Manual. The ORSA shall be conducted no less than annually but also at any time when there are significant changes to the risk profile of the insurer or the insurance group of which the insurer is a member.
Added by Laws, 2017, ch. 306, SB 2298, 15, eff. 1/1/2018.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 85 - OWN RISK AND SOLVENCY ASSESSMENT ACT (§§ 83-85-1 — 83-85-21) › Section 83-85-11 - ORSA Summary Report

(1)
Upon the commissioner's request, and no more than once each year, an insurer shall submit to the commissioner an ORSA Summary Report or any combination of reports that together contain the information described in the ORSA Guidance Manual, applicable to the insurer and/or the insurance group of which it is a member. Notwithstanding any request from the commissioner, if the insurer is a member of an insurance group, the insurer shall submit the report(s) required by this subsection if the commissioner is the lead state commissioner of the insurance group as determined by the procedures within the Financial Analysis Handbook adopted by the National Association of Insurance Commissioners.
(2)
The report(s) shall include a signature of the insurer or insurance group's chief risk officer or other executive having responsibility for the oversight of the insurer's enterprise risk management process attesting to the best of his/her belief and knowledge that the insurer applies the enterprise risk management process described in the ORSA Summary Report and that a copy of the report has been provided to the insurer's board of directors or the appropriate committee thereof.
(3)
An insurer may comply with subsection (1) by providing the most recent and substantially similar report(s) provided by the insurer or another member of an insurance group of which the insurer is a member to the commissioner of another state or to a supervisor or regulator of a foreign jurisdiction, if that report provides information that is comparable to the information described in the ORSA Guidance Manual. Any such report in a language other than English must be accompanied by a translation of that report into the English language.
Added by Laws, 2017, ch. 306, SB 2298, 16, eff. 1/1/2018.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 85 - OWN RISK AND SOLVENCY ASSESSMENT ACT (§§ 83-85-1 — 83-85-21) › Section 83-85-15 - Contents of ORSA Summary Report

(1)
The ORSA Summary Report shall be prepared consistent with the ORSA Guidance Manual, subject to the requirements of subsection (2) of this section. Documentation and supporting information shall be maintained and made available upon examination or upon request of the commissioner.
(2)
The review of the ORSA Summary Report, and any additional requests for information, shall be made using similar procedures currently used in the analysis and examination of multistate or global insurers and insurance groups.
Added by Laws, 2017, ch. 306, SB 2298, 18, eff. 1/1/2018.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 85 - OWN RISK AND SOLVENCY ASSESSMENT ACT (§§ 83-85-1 — 83-85-21) › Section 83-85-19 - Sanctions

Any insurer failing, without just cause, to timely file the ORSA Summary Report as required in this chapter shall be required, after notice and hearing, to pay a penalty of One Hundred Dollars ($100.00) for each day's delay, to be recovered by the commissioner and the penalty so recovered shall be paid into the General Revenue Fund of this state. The maximum penalty under this section is Ten Thousand Dollars ($10,000.00). The commissioner may reduce the penalty if the insurer demonstrates to the commissioner that the imposition of the penalty would constitute a financial hardship to the insurer.
Added by Laws, 2017, ch. 306, SB 2298, 20, eff. 1/1/2018.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 85 - OWN RISK AND SOLVENCY ASSESSMENT ACT (§§ 83-85-1 — 83-85-21) › Section 83-85-21 - Severability clause

If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, such determination shall not affect the provisions or applications of this chapter which can be given effect without the invalid provision or application, and to that end the provisions of this chapter are severable.
Added by Laws, 2017, ch. 306, SB 2298, 21, eff. 1/1/2018.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 87 - PET INSURANCE (§§ 83-87-1 — 83-87-9) › Section 83-87-1 - Legislative findings

The Legislature finds that:
The purpose of this chapter is to promote the public welfare by creating a comprehensive legal framework within which pet insurance may be sold in this state. These provisions shall apply to pet insurance policies that are issued to any resident of this state and that are sold, solicited, negotiated or offered in this state and policies or certificates that are delivered or issued for delivery in this state. All other applicable provisions of this state's insurance laws shall continue to apply to pet insurance.
Added by Laws, 2023, ch. 330, SB 2228,§ 1, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 87 - PET INSURANCE (§§ 83-87-1 — 83-87-9) › Section 83-87-3 - Definitions

For purposes of this chapter, the following terms shall have the meanings ascribed herein:
(a)
"Chronic condition" means a condition that can be treated or managed, but not cured.
(b)
"Congenital anomaly or disorder" means a condition that is present from birth, whether inherited or caused by the environment, which may cause or contribute to illness or disease.
(c)
"Hereditary disorder" means an abnormality that is genetically transmitted from parent to offspring and may cause illness or disease.
(d)
"Pet insurance" means a property insurance policy that provides coverage for accidents and illnesses of pets.
(e)
"Preexisting condition" means any condition for which any of the following are true prior to the effective date of a pet insurance policy or during any waiting period:
(i)
A veterinarian-provided medical advice;
(ii)
The pet received previous treatment; or
(iii)
Based on information from verifiable sources, the pet had signs or symptoms directly related to the condition for which a claim is being made.
A condition for which coverage is afforded on a policy cannot be considered a preexisting condition on any renewal of the policy.
(f)
"Renewal" means to issue and deliver at the end of an insurance policy period a policy which supersedes a policy previously issued and delivered by the same pet insurer or affiliated pet insurer and which provides types and limits of coverage substantially similar to those contained in the policy being superseded.
(g)
"Wellness program" means a subscription or reimbursement-based program that is separate from an insurance policy that provides goods and services to promote the general health, safety, or well-being of the pet. Any wellness program that meets the definition of insurance as provided in Section
83-5-5
, shall be considered insurance and shall be subject to the insurance code. This definition is not intended to classify a contract directly between a service provider and a pet owner that only involves the two (2) parties as being "the business of insurance," unless other indications of insurance also exist.
Added by Laws, 2023, ch. 330, SB 2228,§ 2, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 87 - PET INSURANCE (§§ 83-87-1 — 83-87-9) › Section 83-87-5 - Disclosures

A pet insurer transacting pet insurance shall disclose, at a minimum, the following to consumers:
(a)
If the policy excludes coverage due to any of the following:
(i)
A preexisting condition;
(ii)
A hereditary disorder;
(iii)
A congenital anomaly or disorder; or
(iv)
A chronic condition;
(b)
If the policy includes any other exclusions, the following statement: "Other exclusions may apply. Please refer to the exclusions section of the policy for more information";
(c)
Whether any policy provision that limits coverage through a waiting or affiliation period, a deductible, coinsurance or an annual or lifetime policy limit;
(d)
Whether the pet insurer reduces coverage or increases premiums based on the insured's claim history, the age of the covered pet or a change in the geographic location of the insured; and
(e)
If the underwriting company differs from the brand name used to market and sell the product.
Added by Laws, 2023, ch. 330, SB 2228,§ 3, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 87 - PET INSURANCE (§§ 83-87-1 — 83-87-9) › Section 83-87-7 - Insurance producer training

(1)
Any person licensed in a major line of authority and appointed by a pet insurer may be authorized to sell, solicit or negotiate a pet insurance product.
(2)
The commissioner may establish training requirements for insurance producers selling pet insurance to ensure that producers have been appropriately trained on the coverages and conditions of its pet insurance products.
(3)
The satisfaction of the training requirements of another state that the commissioner determines are substantially similar to the provisions established under subsection (2) of this section shall be deemed to satisfy the training requirement provisions of this state.
Added by Laws, 2023, ch. 330, SB 2228,§ 4, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 87 - PET INSURANCE (§§ 83-87-1 — 83-87-9) › Section 83-87-9 - Rules and regulations

The commissioner may issue rules and regulations to implement and administer the provisions of this chapter, including, but not limited to, rules and regulations establishing (a) policy disclosures; (b) policy conditions; (c) sales practices for selling wellness programs, and (d) penalties for violations of any law or regulations regarding the sale of pet insurance.
Added by Laws, 2023, ch. 330, SB 2228,§ 5, eff. 7/1/2023.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter NEW - MISSISSIPPI HEALTH INSURANCE STATE EXCHANGE (§§ 83-NEW-001 — 83-NEW-004) › Section 83-NEW-001 - [Newly enacted section not yet numbered] [Definitions]

For the purposes of this act, the following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:
(a)
"Exchange" means a state, federal, or partnership exchange or marketplace operating in Mississippi pursuant to Section 1311 of the Federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and regulations and guidance issued under those acts.
(b)
"Comprehensive Health Insurance Risk Pool Association" means the mechanism as established in Sections
83-9-201
through
83-9-223
.
(c)
"Comprehensive Health Insurance Risk Pool Board" shall have the same meaning as provided in Section
83-9-205(b)
.
Added by Laws, 2024, ch. 537, HB 1647,§ 1, eff. 5/14/2024.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter NEW - MISSISSIPPI HEALTH INSURANCE STATE EXCHANGE (§§ 83-NEW-001 — 83-NEW-004) › Section 83-NEW-002 - [Newly enacted section not yet numbered] [Commissioner of Insurance - Authority to establish and modify programs, rules, and guidelines for operating exchange - Authority to use funds and services of Comprehensive Health Insurance Risk Pool Association and the Comprehensive Health Insurance Risk Pool Board]

The Commissioner of Insurance shall have the authority to:
(a)
Establish any program, promulgate any rule, policy, guideline, or plan; or change any program, rule, policy or guideline to implement, establish, create, administer, or otherwise operate an exchange;
(b)
Apply for, accept or expend federal monies related to the creation, implementation or operation of an exchange;
(c)
Establish any advisory board or committee the Commissioner deems necessary for providing recommendations on the creation, implementation or operation of an exchange;
(d)
Use the services and funds of the Comprehensive Health Insurance Risk Pool Association and the Comprehensive Health Insurance Risk Pool Board to fulfill the purposes of this section; and
(e)
Engage such actuarial and other assistance as shall be necessary to carry out the duties of the department under this act. The engagement of such services shall not be subject to the procurement provisions of Section
31-7-13
.
The Commissioner of Insurance may, immediately after the effective date of this act, begin action to carry out the authority provided in this section.
Added by Laws, 2024, ch. 537, HB 1647,§ 2, eff. 5/14/2024.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter NEW - MISSISSIPPI HEALTH INSURANCE STATE EXCHANGE (§§ 83-NEW-001 — 83-NEW-004) › Section 83-NEW-003 - [Newly enacted section not yet numbered] [Mississippi Health Insurance State Exchange Trust Fund]

There is created in the State Treasury a special fund to be designated as the "Mississippi Health Insurance State Exchange Trust Fund." The Commissioner of Insurance is authorized to expend monies from this fund for the payment of the expenses incurred in the creation, implementation or operation of an exchange. The amount to be contributed annually to the special fund shall be fixed each year by the commissioner as a percentage of fees assessed on the gross premiums charged on all policies sold on the exchange. This percentage shall not be more than three and a half percent (3.5%), unless otherwise approved by the Legislature. The user fees shall be collected directly by the exchange on all policies sold and remitted to the special fund on a monthly basis. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the special fund shall be deposited to the credit of the special fund.
Added by Laws, 2024, ch. 537, HB 1647,§ 3, eff. 5/14/2024.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter NEW - MISSISSIPPI HEALTH INSURANCE STATE EXCHANGE (§§ 83-NEW-001 — 83-NEW-004) › Section 83-NEW-004 - [Newly enacted section not yet numbered] [Online portal to assist consumers in selection of a health plan]

The Comprehensive Health Insurance Risk Pool Association shall have the authority to develop and fund an online portal that shall be available to all Mississippians to assist consumers in selection of a health plan. This program shall have the capacity to aggregate information regarding providers, drug coverage and pricing that would allow consumers to make informed decisions in selecting a health plan.
Added by Laws, 2024, ch. 537, HB 1647,§ 4, eff. 5/14/2024.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 1 - ASSIGNMENT FOR BENEFIT OF CREDITORS (§§ 85-1-1 — 85-1-19) › Section 85-1-1 - Execution of assignment; petition in chancery in case of general assignment

Assignments for the benefit of creditors may be executed as heretofore; but in every case of a general assignment where the property assigned shall exceed in value the sum of One Thousand Dollars ($1,000.00), the assignee or trustee shall, before he enters upon the discharge of his duties, after taking possession, and within twenty-four (24) hours thereafter, file a petition in the chancery court of the county of the assignor's residence or place of business, or if he had no residence or place of business in this state, then of the county of the residence of some of his creditors, or where the property or some of it may be, for the administration of the trust. The assignor and all of his creditors must be made parties to the petition.
Codes, 1892, § 117; 1906, § 120; Hemingway's 1917, § 107; 1930, § 110; 1942, § 298.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 1 - ASSIGNMENT FOR BENEFIT OF CREDITORS (§§ 85-1-1 — 85-1-19) › Section 85-1-3 - Schedules of liabilities and assets to be filed

With every general assignment there shall be filed, unless the data all appear on its face, at least two (2) schedules. One of them, a schedule of liabilities, must set forth, so far as known to the assignor:
(a)
The name of each of his creditors;
(b)
The post-office address of each of them;
(c)
The sum due each;
(d)
How each debt is evidenced;
(e)
The amount of interest each debt bears, and if in any way the debt is usurious, the facts must be stated;
(f)
The consideration for each debt; and in case of renewals the history of the transaction must be traced to the original consideration; and
(g)
What security, if any, each creditor has.
The other, a schedule of assets, must describe the property conveyed, and give its location and value. Both schedules-and if the data be in the face of the deed, then the assignment-must be under the oath of the assignor avowing the truthfulness of the matters of fact stated. A general assignment which does not comply with this section shall be void as to all preferences contained in it.
Codes, 1892, § 124; 1906, § 128; Hemingway's 1917, § 115; 1930, § 118; 1942, § 306.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 1 - ASSIGNMENT FOR BENEFIT OF CREDITORS (§§ 85-1-1 — 85-1-19) › Section 85-1-5 - Bond of assignee or trustee

The assignee or trustee must file a bond with his petition, to be approved by the clerk, in a penalty equal to the value of all the property assigned and Two Hundred and Fifty Dollars ($250.00) additional, payable to the state, with at least two (2) sufficient sureties, conditioned for the faithful administration of his trust. Any judgment or decree that may be rendered in said cause or proceeding against the principal in the bond may be rendered against the sureties therein.
Codes, 1892, § 118; 1906, § 121; Hemingway's 1917, § 108; 1930, § 111; 1942, § 299.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 1 - ASSIGNMENT FOR BENEFIT OF CREDITORS (§§ 85-1-1 — 85-1-19) › Section 85-1-7 - Assignee to become receiver of the court

The assignee, upon filing the petition and the approval of his bond, shall become a receiver of the court, and shall be entitled to all the rights and privileges, and subject to all the duties and obligations, of other receivers in equity, and may be removed as such as in other cases, and shall not be sued in any other court save by permission of the court, or chancellor in vacation.
Codes, 1892, § 119; 1906, § 122; Hemingway's 1917, § 109; 1930, § 112; 1942, § 300.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 1 - ASSIGNMENT FOR BENEFIT OF CREDITORS (§§ 85-1-1 — 85-1-19) › Section 85-1-9 - Inventories

The assignee shall, as speedily as may be, and within ten (10) days after the filing of his petition, unless the court or the chancellor in vacation, shall, for cause, extend the time, prepare and file in the cause a complete and perfect inventory of the property and effects assigned. If, after making the first inventory, any other property or effects conveyed by the deed of assignment shall come to the possession or knowledge of the assignee, he shall make a supplemental inventory thereof speedily, and within ten (10) days thereafter, unless the time therefor shall be extended as provided in the case of the original inventory.
Codes, 1892, § 120; 1906, § 123; Hemingway's 1917, § 110; 1930, § 113; 1942, § 301.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 1 - ASSIGNMENT FOR BENEFIT OF CREDITORS (§§ 85-1-1 — 85-1-19) › Section 85-1-11 - Creditor's cross-petition to set aside assignment

Any creditor may file in said cause a cross-petition against the receiver, and he may make the assignor or other persons, whether parties to the suit before that time or not, defendants thereto, and show to the court that the assignment is fraudulent, or ought not, for any other reasons, to be enforced; and property other than that in the trustee's or assignee's hands may be shown to be liable for the debts of the assignor.
Codes, 1892, § 121; 1906, § 124; Hemingway's 1917, § 111; 1930, § 114; 1942, § 302.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 1 - ASSIGNMENT FOR BENEFIT OF CREDITORS (§§ 85-1-1 — 85-1-19) › Section 85-1-13 - Creditor's cross-petition to set aside assignment; rights of successful creditor

The creditor filing a cross-petition, if he succeed in establishing that the assignment ought not to be enforced, shall have priority over all other creditors in the distribution of the proceeds of the property in the assignee's hands, and a lien, from the filing of his cross-petition, on other property he may seek to have subjected to his debt; and in aid of such lien, a writ of sequestration, injunction, or other remedial process may issue.
Codes, 1892, § 121; 1906, § 124; Hemingway's 1917, § 111; 1930, § 114; 1942, § 302.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 1 - ASSIGNMENT FOR BENEFIT OF CREDITORS (§§ 85-1-1 — 85-1-19) › Section 85-1-15 - Creditor's cross-petition to set aside assignment; rights of unsuccessful creditor

Whenever a creditor may seek to set aside the assignment for any reason as provided in this chapter, and fail to do so, he shall nevertheless receive the share provided for him according to the terms of the instrument, first, however, deducting therefrom all the court costs, reasonable attorneys' fees, and other necessary expenses incurred by the assignee in defending the suit.
Codes, 1906, § 125; Hemingway's 1917, § 112; 1930, § 115; 1942, § 303.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 1 - ASSIGNMENT FOR BENEFIT OF CREDITORS (§§ 85-1-1 — 85-1-19) › Section 85-1-17 - Personal decree against assignor

A creditor may demand, by cross-petition, a personal decree against the assignor for the amount of his debt; but priority of such personal decrees shall not affect the distribution of the assigned effects, or the proceeds thereof.
Codes, 1892, § 122; 1906, § 126; Hemingway's 1917, § 113; 1930, § 116; 1942, § 304.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 1 - ASSIGNMENT FOR BENEFIT OF CREDITORS (§§ 85-1-1 — 85-1-19) › Section 85-1-19 - Duty of creditors to establish claims

It shall be the duty of all creditors to establish their claims in said cause to the satisfaction of the court; and any creditor may oppose and controvert the demand or claim, in whole or in part, of any other person; and the court shall, on motion, cause all proper issues to be made up to test the validity of claims.
Codes, 1892, § 123; 1906, § 127; Hemingway's 1917, § 114; 1930, § 117; 1942, § 305.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-2 - Certain federal exemptions prohibited

In accordance with the provisions of Section 522(b) of the Bankruptcy Reform Act of 1978, as amended (
11 U.S.C.S. 522(b)
), residents of the State of Mississippi shall not be entitled to the federal exemptions provided in Section 522(d) of the Bankruptcy Reform Act of 1978, as amended (
11 U.S.C.S. 522(d)
). Nothing in this section shall affect the exemptions given to individuals of Mississippi by the Constitution and statutes of the State of Mississippi.
Laws, 1991, ch. 614, § 1, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-3 - Execution or attachment of personal property; selection of exempt property

Where an officer shall be about to levy an execution or attachment on personal property, some of which shall be claimed as exempt, he shall demand of the defendant that he make selection of such property as is exempt to him and in reference to which he has the right of selection; and the defendant shall then and there make his selection, or, failing to do so, the officer shall make it for him, and any selection so made shall be conclusive on the defendant.
Codes, 1892, § 1966; 1906, § 2142; Hemingway's 1917, § 1817; 1930, § 1761; 1942, § 313.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-5 - Execution or attachment of personal property; plaintiff's indemnity bond; liability of officer

If any sheriff or other officer shall levy or be about to levy an execution or attachment on any personal property claimed as exempt, and a doubt shall arise as to the liability of the property to be sold, he may demand of the plaintiff a bond, with sufficient sureties, payable to such officer, in a sufficient penalty, conditioned to indemnify and save harmless the officer against all damages which he may sustain in consequence of the seizure or sale of the property, and to pay the defendant all damages which he may sustain in consequence of the seizure or sale; and if such bond be not given, after reasonable notice, in writing, from the officer to the plaintiff, his agent or attorney, that it is required, the officer may refuse to levy, or, having levied, may dismiss the levy; but if the required bond be given, the officer shall seize and sell or dispose of the property according to the command of the process in his hands, and shall return the bond with the execution or attachment. If an officer shall seize personal property exempt from execution, he shall be liable to an action at the suit of the owner for all damages sustained thereby, unless he have taken an indemnifying bond.
Codes, 1857, ch. 61, art. 280 (8); 1871, §§ 2132, 2134; 1880, §§ 1245, 1247; 1892, §§ 1967, 1969; 1906, §§ 2143, 2145; Hemingway's 1917, §§ 1818, 1820; 1930, §§ 1762, 1764; 1942, §§ 314, 316.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-7 - Execution or attachment of personal property; defendant may sue on plaintiff's indemnity bond

After the execution of such bond, the defendant in the execution or attachment shall be barred of any claim against the officer so seizing or selling the property, unless the obligors in the bond be or become insolvent, or the bond be otherwise invalid; and the defendant in execution or attachment may sue on the bond in the name of the payee, for his use, and recover double damages for the loss he has sustained by the seizure or sale of the property.
Codes, 1871, § 2133; 1880, § 1246; 1892, § 1968; 1906, § 2144; Hemingway's 1917, § 1819; 1930, § 1763; 1942, § 315.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-9 - Execution or attachment of personal property; replevy by defendant

Any defendant whose exempt property is seized may replevy the same by giving bond with sureties, to be approved by the officer seizing it, in double the value of the property, payable to the plaintiff in the execution or attachment, and conditioned to have the property forthcoming, to abide the event of an issue to be made up at the return term of the process; and in such case the officer shall deliver the property to the defendant, and return the bond with the process; and at the return term an issue shall be made up under the direction of the court, and tried, as in case of the trial of the right of property levied upon and claimed by a third person, and if found for defendant he shall recover costs, damages, and a penalty of Twenty Dollars ($20.00) of the plaintiff and his sureties on the bond of indemnity, if any have been given; but if found for plaintiff, he shall have judgment against the obligors in the replevy bond for the value of the property and costs of suit.
Codes, 1857, ch. 61, art. 280 (8); 1871, § 2134; 1880, § 1247; 1892, § 1969; 1906, § 2145; Hemingway's 1917, § 1820; 1930, § 1764; 1942, § 316.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-11 - Proceeds of life insurance policy; named beneficiaries; certain proceeds of policies exempt from liability for debts of person insured

(1)
Except as provided in subsection (2), all proceeds of a life insurance policy including cash surrender and loan values, shall inure to the party or parties named as the beneficiaries thereof, free from all liability for the debts of the person whose life was insured, even though such person paid the premium thereon. In addition, all proceeds, including cash surrender and loan values, of a policy of life insurance owned by or assigned to another, shall inure to the beneficiary or beneficiaries named therein, subject to terms of any assignment, free from all liability for debts of the person whose life was insured.
(2)
(a)
The exemption authorized in subsection (1) shall not apply to that portion of the cash surrender value or loan value of any life insurance policy which exceeds the sum of Fifty Thousand Dollars ($50,000.00) as a result of premiums paid or premium deposits or other payments made within twelve (12) months of issuance of a writ of seizure, attachment, garnishment or other process or the filing of a voluntary or involuntary bankruptcy proceeding under the United States Code.
(b)
The amount of any premiums for the insurance paid with intent to defraud creditors, with interest thereon, shall inure to the benefit of such creditors from the proceeds of the policy; but the insurer issuing the policy shall be discharged of all liabilities thereon by payment of its proceeds in accordance with its terms, unless before such payment the insurer shall have written notice, by or on behalf of a creditor, of a claim to recover for transfer made or premiums paid with intent to defraud creditors with specification of the amount claimed.
(c)
Notwithstanding any other provision to the contrary, a creditor possessing a valid assignment from the policy owner may recover from either the cash surrender value or the proceeds of the life insurance policy the amount secured by the assignment with interest.
Codes, 1880, § 1261; 1892, § 1964; 1906, § 2140; Hemingway's 1917, § 1813; 1930, § 1756; 1942, § 308; Laws, 1966, ch. 519, § 1; Laws, 1994, ch. 621, § 1, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-13 - Proceeds of life insurance policy; payable to executor; limits

The proceeds of a life insurance policy not exceeding Fifty Thousand Dollars ($50,000.00) payable to the executor, or administrator, of the insured, shall inure to the heirs or legatees, freed from all liability for the debts of the decedent, except premiums paid on the policy by any one other than the insured, for debts due for expenses of last illness and for burial; but if the life of the deceased be otherwise insured for the benefit of his heirs or legatees at the time of his death, and they shall collect the same, the sum collected shall be deducted from the Fifty Thousand Dollars ($50,000.00) and the excess of the latter only shall be exempt. No fee shall be paid or allowed by the court to the executor or administrator for handling same.
Codes, 1892, § 1965; 1906, § 2141; Hemingway's 1917, § 1814; 1930, § 1757; 1942, § 309; Laws, 1908, ch. 175; Laws, 1922, ch. 186; Laws, 1994, ch. 621, § 2, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-15 - Proceeds of life insurance policy; unassigned policies

The proceeds of all unassigned life insurance policies payable to the executor or administrator of the insured, upon the death of the insured, shall, whether exempt or not, be paid by such insurance company, to the executor or administrator of such insured deceased, and the receipt of such executor or administrator shall constitute a full and complete acquittance to such insurance company as against the claims of any and all persons claiming any rights under such policy of insurance.
Codes, 1930, § 1758; 1942, § 310; Laws, 1922, ch. 186.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-17 - Judgment for personal injury

The proceeds of any judgment not exceeding Ten Thousand Dollars ($10,000.00) recovered by any person on account of personal injuries sustained, shall inure to the party or parties in whose favor such judgment may be rendered, free from all liabilities for the debts of the person injured.
Codes, Hemingway's 1917, § 1815; 1930, § 1759; 1942, § 311; Laws, 1914, ch. 146.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-19 - Beneficiaries of deceased plaintiff take damages free from debts

Whenever suit was begun in the name of the party injured, and such party shall die while said suit is pending in any court, and said suit shall be revived in the name of the administrator, any sum finally recovered in any such suit, if such deceased left surviving a husband or wife, or children or father or mother, to whom such judgment shall be distributed, as may be provided by law, such wife or children, or father or mother, or husband who may be entitled to recover or receive such moneys shall take same free from all liabilities for the debts of the deceased, and also free from all liabilities for the debts of the person or persons, as above entitled to receive them.
Codes, Hemingway's 1917, § 1816; 1930, § 1760; 1942, § 312; Laws, 1914, ch. 146.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-21 - Homestead exemption; land and buildings

Every citizen of this state, male or female, being a householder shall be entitled to hold exempt from seizure or sale, under execution or attachment, the land and buildings owned and occupied as a residence by him, or her, but the quantity of land shall not exceed one hundred sixty (160) acres, nor the value thereof, inclusive of improvements, save as hereinafter provided, the sum of Seventy-five Thousand Dollars ($75,000.00); provided, however, that in determining this value, existing encumbrances on such land and buildings, including taxes and all other liens, shall first be deducted from the actual value of such land and buildings. But husband or wife, widower or widow, over sixty (60) years of age, who has been an exemptionist under this section, shall not be deprived of such exemption because of not residing therein.
Codes, Hutchinson's 1848, ch. 62, art. 17(1); 1857, ch. 61, art. 281; 1871, § 2135; 1880, § 1248; 1892, § 1970; 1906, § 2146; Hemingway's 1917, § 1821; 1930, § 1765; 1942, § 317; Laws, 1938, ch. 125; Laws, 1950, ch. 360; Laws, 1970, ch. 323, § 1; Laws, 1979, ch. 447, § 1; Laws, 1991, ch. 479, § 1, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-23 - Homestead exemption; land and buildings; insurance proceeds; personal property

Every citizen of this state, male or female, being a householder shall be entitled to hold exempt from seizure or sale under execution or attachment the land and buildings owned and occupied as a residence by such person, also the proceeds of any insurance, fire or otherwise, on any such buildings destroyed or damaged by fire, tornado or otherwise, not to exceed in value, save as hereinafter provided, Seventy-five Thousand Dollars ($75,000.00), and personal property to be selected by him or her not to exceed in value Two Hundred Fifty Dollars ($250.00) or the articles specified as exempt to the head of a family; provided, however, that no sum or amount due, or to become due such person, nor any part thereof, for or on account of wages, salaries or commissions, shall in any proceedings be selected or claimed as exempt under this section. But husband or wife, widower or widow, over sixty (60) years of age, who has been an exemptionist under this section, shall not be deprived of such exemption because of not residing therein.
Codes, 1871, § 2140; 1880, § 1249; 1892, § 1971; 1906, § 2147; Hemingway's 1917, § 1822; 1930, § 1766; 1942, § 318, Laws, 1926, ch. 159; Laws, 1931, ch. 18; Laws, 1970, ch. 323, § 2; Laws, 1979, ch. 447, § 2; Laws, 1991, ch. 479, § 2, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-25 - Homestead declaration; form; deposit with clerk of chancery court

Any citizen entitled to a homestead and desiring to select the same and obtain the advantages of such selection, may make a declaration thereof to the following effect, namely:
"The State of Mississippi,Homestead declaration.
County of ____________________
"I, John Doe [or Nancy Roe], a citizen of said state and county, do declare that I am entitled to a homestead in said county, and that I have selected the same as follows: [Here describe the land and premises. Append plat if desired.]
"Witness my signature, this ____________________ day of ____________________, A. D. ____________________
"____________________"
The declaration shall be acknowledged or proved as a deed is required to be, and deposited in the office of the clerk of the chancery court for record, in a book to be kept for that purpose, and styled "Homestead Record."
Codes, 1892, § 1972; 1906, § 2148; Hemingway's 1917, § 1823; 1930, § 1767; 1942, § 319.
Mississippi Code 1972 (2023) › Title 85 - DEBTOR-CREDITOR RELATIONSHIP (§§ 85-1-1 — 85-13-5) › Chapter 3 - EXEMPT PROPERTY (§§ 85-3-1 — 85-3-52) › Section 85-3-27 - Homestead declaration; effect

The declaration, for not more than one hundred sixty (160) acres, and not exceeding in value Seventy-five Thousand Dollars ($75,000.00); or, if the homestead be in a city, town or village, not exceeding in value Seventy-five Thousand Dollars ($75,000.00) after being filed for record, shall be notice to all persons to be affected thereby; and shall bind the exemptionist, the spouse of the exemptionist if the exemptionist be married, and the creditors of the exemptionist until the exemptionist shall execute and file a new declaration which shall nullify the preceding one, and otherwise have like effect; and shall moreover entitle the exemptionist thereafter to hold the same as exempt to the extent of such value; but subject to contest and legal designation or allotment, if the exemptionist had declared for too much, or has insufficiently or improperly described the premises; and to contest by creditors on the ground that the exemptionist was not entitled to a homestead, and by the spouse of the exemptionist on the ground that it was intended to defraud or circumvent such spouse.
Codes, 1892, § 1973; 1906, § 2149; Hemingway's 1917, § 1824; 1930, § 1768; 1942, § 320; Laws, 1966, ch. 622, § 1; Laws, 1970, ch. 323, § 3; Laws, 1979, ch. 447, § 3; Laws, 1991, ch. 479, § 3; eff. 7/1/1991.