reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 5 - AUTOMOBILE CLUB SERVICES (§§ 83-11-201 — 83-11-247) › Section 83-11-213 - Rights against cash deposit

A deposit of cash or securities, in lieu of a surety bond, shall be subject to the conditions applying to the bond and to execution on judgments against the club.
Codes, 1942, § 5670.9-07; Laws, 1971, ch. 467, § 7, eff. 9/1/1971.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 5 - AUTOMOBILE CLUB SERVICES (§§ 83-11-201 — 83-11-247) › Section 83-11-215 - Approval of name

The name of the automobile club shall be submitted to the commissioner for approval pursuant to Section
83-11-219
before the commencement of business under the provisions of this article. The commissioner shall reject any name so submitted when the proposed name is deceptively similar to that of any other automobile club or other corporation licensed or qualified to do business in this state.
Codes, 1942, § 5670.9-08; Laws, 1971, ch. 467, § 8, eff. 9/1/1971.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 5 - AUTOMOBILE CLUB SERVICES (§§ 83-11-201 — 83-11-247) › Section 83-11-217 - Certificate of authority

No person shall render or agree to render automobile club service in this state without first obtaining from the commissioner a certificate of authority so to act.
Codes, 1942, § 5670.9-09; Laws, 1971, ch. 467, § 9, eff. 9/1/1971.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 5 - AUTOMOBILE CLUB SERVICES (§§ 83-11-201 — 83-11-247) › Section 83-11-219 - Application for certificate

An application for an original certificate of authority as an automobile club shall be made to the commissioner in such form and detail as the commissioner shall prescribe and shall have annexed thereto:
(a)
A copy of its charter as amended, certified, if a foreign company, by the proper public officer of the state or country of domicile;
(b)
A copy of its bylaws, if any, certified by its proper officer;
(c)
A statement of its financial condition, management, and affairs;
(d)
A copy of each form of service agreement, contract, and service brochure it proposes to use in this state;
(e)
If a foreign company, a certificate from the proper public official from its state or country of domicile showing that it is duly organized and is authorized to transact the type of automobile club service which it proposes to transact in Mississippi;
(f)
Other documents or stipulations as the commissioner may reasonably require to evidence compliance with the provisions of the laws of the State of Mississippi;
(g)
A certificate issued by the secretary of state that it has qualified to do business as a corporation in this state, and that it has appointed the commissioner as its attorney to receive service of legal process.
The application shall be accompanied by a fee of One Hundred Dollars ($100.00), payable to the State of Mississippi.
Codes, 1942, § 5670.9-10; Laws, 1971, ch. 467, § 10, eff. 9/1/1971.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 5 - AUTOMOBILE CLUB SERVICES (§§ 83-11-201 — 83-11-247) › Section 83-11-221 - Renewal of certificate

A certificate of authority duly issued by the commissioner shall be evidence of an automobile club's authority to transact the business of furnishing automobile club service in this state.
A certificate of authority shall continue in force as long as the automobile club is entitled thereto under this article and until suspended or revoked by the commissioner, or terminated at the request of the automobile club; subject, however, to renewal of the certificate by the automobile club each year by:
(a)
Payment prior to March 1 of each year, following that in which its original certificate is filed, of a fee of Twenty-five Dollars ($25.00), and
(b)
due filing by the automobile club of its annual financial statement for the calendar year preceding, as required under Section
83-11-243
.
Codes, 1942, § 5670.9-11; Laws, 1971, § 11, eff. 9/1/1971.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 5 - AUTOMOBILE CLUB SERVICES (§§ 83-11-201 — 83-11-247) › Section 83-11-223 - Expiration and reinstatement of certificate

Certificates of authority shall expire as of midnight on March 31 unless renewed. The commissioner shall promptly notify the automobile club of the occurrence of any failure resulting in impending expiration of its certificate of authority.
The commissioner may in his discretion upon the automobile club's request, made within three (3) months after expiration, reinstate and renew a certificate of authority which the automobile club had inadvertently permitted to expire, after the automobile club has fully cured all of its failures which resulted in expiration, and upon payment by the automobile club of a fee for reinstatement of Fifty Dollars ($50.00). Otherwise, the automobile club shall be granted another certificate of authority only after filing application therefor and meeting all other requirements as for an original certificate of authority in this state.
Codes, 1942, § 5670.9-12; Laws, 1971, ch. 467, § 12, eff. 9/1/1971.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 5 - AUTOMOBILE CLUB SERVICES (§§ 83-11-201 — 83-11-247) › Section 83-11-225 - Grounds for revocation of certificate

The commissioner may revoke, suspend, or refuse to continue the certificate of authority of an automobile club whenever, after a hearing and for cause shown, he determines that any of the following circumstances exist:
(a)
The club has violated any provision of this article;
(b)
It is found by the commissioner to be in such financial condition that its further transaction of automobile club service in this state would be hazardous to its members and the automobile club service-buying public in this state, or that it is insolvent;
(c)
It refuses to remove, discharge, or terminate its relationship with a director or officer who has been convicted of any crime involving fraud, dishonesty, or like moral turpitude;
(d)
It customarily or in the regular course of business compels claimants under its service contracts either to accept less than the amount due them or fewer services, or to bring suit against it to secure full payment of the amount of all services due;
(e)
It conducts its business outside this state in such manner as unjustly to discriminate against or prejudice the interests of the people of this state;
(f)
It is affiliated with and is under the same general management or interlocking directorate or ownership as another automobile club which transacts business in this state which does not have a certificate of authority therefor;
(g)
It exceeds its charter powers of its certificate of authority;
(h)
It refuses to be examined, or if its directors, managing officers, employees, or representatives refuse to submit to examination by the commissioner when required by him, or refuses to perform any legal obligation relative to the examination, the time and place of the examination to be specified by the commissioner.
Codes, 1942, § 5670.9-13; Laws, 1971, ch. 467, § 13, eff. 9/1/1971.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 5 - AUTOMOBILE CLUB SERVICES (§§ 83-11-201 — 83-11-247) › Section 83-11-227 - Solicitation for club not having certificate of authority

No person shall solicit or aid in the solicitation of another person to purchase a service contract or membership issued by a club not having a certificate of authority procured pursuant to this article.
Codes, 1942, § 5670.9-16; Laws, 1971, ch. 467, § 16, eff. 9/1/1971.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 5 - AUTOMOBILE CLUB SERVICES (§§ 83-11-201 — 83-11-247) › Section 83-11-229 - Service contracts

Automobile clubs shall be required to execute service contracts with their members. No service contract shall be executed, issued, or delivered in this state until the form thereof has been approved in writing by the commissioner.
A service contract may be in the form of a written agreement between the automobile club and a member, or it may consist of a completed application, a membership card, and a written description of services to be rendered by the automobile club.
Codes, 1942, § 5670.9-14; Laws, 1971, ch. 467, § 14, eff. 9/1/1971.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 5 - AUTOMOBILE CLUB SERVICES (§§ 83-11-201 — 83-11-247) › Section 83-11-231 - Mandatory information and provisions of contract

No service contract shall be executed, issued, or delivered in the state unless it contains the following:
(a)
The exact corporate or other name of the club.
(b)
The exact location of its home office and of its usual place of business in the state, giving street number and city.
(c)
A provision that the contract may be canceled at any time by giving written notice thereof by either the club or the holder, and that the holder will, if the dues or membership fee has been paid thereupon, be entitled to a refund of the unused portion of the consideration paid for such contract, calculated on a pro rata basis over the period of the contract, without any deductions, provided that the automobile club may make a reasonable minimum charge.
(d)
A provision plainly specifying: the services promised, that the holder will not be required to pay any sum in addition to the amount specified in the contract for any services thus specified, the territory wherein such services are to be rendered, the date when such service will commence, and a statement in not less than fourteen (14) point modern type at the head of said contract stating, "This is not an insurance contract."
Codes, 1942, § 5670.9-15; Laws, 1971, ch. 467, § 15, eff. 9/1/1971.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 5 - AUTOMOBILE CLUB SERVICES (§§ 83-11-201 — 83-11-247) › Section 83-11-233 - Misrepresentation

No automobile club or officer or agent thereof shall in any manner misrepresent the terms, benefits, or privileges of any service contract or membership issued or to be issued by it.
Codes, 1942, § 5670.9-17; Laws, 1971, ch. 467, § 17, eff. 9/1/1971.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 5 - AUTOMOBILE CLUB SERVICES (§§ 83-11-201 — 83-11-247) › Section 83-11-235 - Effect of non-complying contract

Any service contract or membership made, issued, or delivered contrary to any provision of this article shall, nevertheless, be valid and binding on the club.
Codes, 1942, § 5670.9-18; Laws, 1971, ch. 467, § 18, eff. 9/1/1971.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 5 - AUTOMOBILE CLUB SERVICES (§§ 83-11-201 — 83-11-247) › Section 83-11-237 - Notice of appointment of sales agent

(1)
An automobile club operating in this state pursuant to a certificate of authority issued hereunder shall, within thirty (30) days of the date of appointment, file with the commissioner a notice of appointment of a club agent by an automobile club to sell memberships in the automobile club to the public. This notification shall be upon such form as the commissioner may prescribe, shall contain the name, address, age, sex, and social security number of such club agent, and also contain proof satisfactory to the commissioner that such applicant is of good reputation and that he has received training from the club or is otherwise qualified in the field of automobile club service contracts and the laws of this state pertaining thereto. Upon termination of any club agent's appointment by an automobile club, such automobile club shall, within thirty (30) days thereafter, notify the commissioner of such termination.
(2)
The registration fee for club agents shall be Five Dollars ($5.00) annually, and such registration shall be renewable on April 1 of each year unless sooner revoked or suspended.
Codes, 1942, § 5670.9-19; Laws, 1971, ch. 467, § 19, eff. 9/1/1971.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 5 - AUTOMOBILE CLUB SERVICES (§§ 83-11-201 — 83-11-247) › Section 83-11-239 - Revocation of agent's registration

The commissioner may suspend, revoke, or refuse to renew any club agent's registration for any of the following causes:
(a)
If the club agent violated any of the provisions or requirements of this article;
(b)
If the club agent has misappropriated, converted to his own use, or has illegally withheld monies required to be held in the fiduciary capacity;
(c)
If the club agent has materially misrepresented the terms or effect of any contract or has engaged in any fraudulent transaction;
(d)
If in the conduct of his affairs he has shown himself to be incompetent, untrustworthy, or a source of injury and loss to the automobile club service-buying public;
(e)
If the club agent has been convicted after registration of a crime involving moral turpitude.
Codes, 1942, § 5670.9-20; Laws, 1971, ch. 467, § 20, eff. 9/1/1971.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 5 - AUTOMOBILE CLUB SERVICES (§§ 83-11-201 — 83-11-247) › Section 83-11-241 - Hearing on revocation

No club agent's registration shall be suspended or revoked by the commissioner without providing an opportunity to be heard and to produce evidence in his own behalf.
Codes, 1942, § 5670.9-21; Laws, 1971, ch. 467, § 21, eff. 9/1/1971.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 5 - AUTOMOBILE CLUB SERVICES (§§ 83-11-201 — 83-11-247) › Section 83-11-243 - Financial statements

Each authorized automobile club shall annually, before March 1, file with the commissioner a true statement of its financial condition, transactions, and affairs as of December 31 preceding. The statement shall contain such information as may be reasonably required by the commissioner, and shall be verified by the oaths of at least two (2) of the automobile club's principal officers.
The commissioner may suspend or revoke the certificate of authority of any automobile club failing to file its annual statement when due or during any extension of time therefor which the commissioner, for good cause, may grant.
Codes, 1942, § 5670.9-22; Laws, 1971, ch. 467, § 22, eff. 9/1/1971.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 5 - AUTOMOBILE CLUB SERVICES (§§ 83-11-201 — 83-11-247) › Section 83-11-245 - Violations

Any person violating any of the provisions of this article shall be guilty of a misdemeanor.
Codes, 1942, § 5670.9-23; Laws, 1971, ch. 467, § 23, eff. 9/1/1971.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 5 - AUTOMOBILE CLUB SERVICES (§§ 83-11-201 — 83-11-247) › Section 83-11-247 - Monies to be deposited

All monies collected by the commissioner under any provisions of this article shall be deposited in the general treasury.
Codes, 1942, § 5670.9-24; Laws, 1971, ch. 467, § 24, eff. 9/1/1971.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 7 - TOWING AND STORAGE OF DISABLED VEHICLES (§ 83-11-301) › Section 83-11-301 - Recovery of towing and storage charges from insurer

(1)
An automobile insurance policy shall not be construed to allow an insurer to assume or accede to the legal title of a motor vehicle without assuming credit obligations of the insured owner of the motor vehicle for reasonable and customary charges for towing and storage services associated with the incident from which the insurance coverage arises.
(2)
An insurer which has succeeded to the title of a motor vehicle is not authorized to abandon such vehicle to a towing or storage service without consent of the provider of such service.
(3)
(a)
A debt incurred by or on behalf of a named insured for towing or storage services may be collected from an insurer which succeeds to the legal title of the motor vehicle covered under the policy for physical damage, property damage or uninsured motorist coverage.
(b)
An insurer may be authorized by the provisions of an automobile insurance policy to act for a named insured in any matter regarding the towing and storage of a covered disabled vehicle.
Laws, 1988, ch. 403, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 9 - REPAIRS TO DAMAGED VEHICLES (§§ 83-11-501 — 83-11-503) › Section 83-11-501 - Requirement that repairs be made at particular shop prohibited; insurer's payment of lowest fair amount in geographic or trade area

No insurer may require as a condition of payment of a claim that repairs to a damaged vehicle, including glass repairs or replacements, must be made by a particular contractor or motor vehicle repair shop; provided, however, the most an insurer shall be required to pay for the repair of the vehicle or repair or replacement of the glass is the lowest amount that such vehicle or glass could be properly and fairly repaired or replaced by a contractor or repair shop within a reasonable geographical or trade area of the insured.
Laws, 1989, ch. 415, § 1; Laws, 1992, ch. 528, § 1, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 9 - REPAIRS TO DAMAGED VEHICLES (§§ 83-11-501 — 83-11-503) › Section 83-11-503 - Advertisement to pay insured's deductibles prohibited

No person selling or engaged in the sale of automobile replacement glass shall advertise to pay all or part of an insured's deductible under an insurance policy.
Laws, 1992, ch. 528, § 2, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 13 - FIRE INSURANCE (§§ 83-13-1 — 83-13-25) › Section 83-13-1 - Reinsurance

Every insurer authorized to issue policies in this state may reinsure in any other insurer any part or all of any risk or risks assumed by it; but such reinsurance, unless effected with an insurer authorized to issue policies in this state and subject to the payment of the tax thereon, shall not operate to permit any reduction of taxes through reinsurance effected with an insurer not authorized to issue policies in this state.
Codes, 1892, § 2341; 1906, § 2607; Hemingway's 1917, § 5070; 1930, § 5181; 1942, § 5691.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 13 - FIRE INSURANCE (§§ 83-13-1 — 83-13-25) › Section 83-13-3 - Liabilities and reserves

To determine the liability upon the contracts of an insurance company, other than life and real estate title insurance, and thence the amount such company shall hold as a reserve for reinsurance, the commissioner shall take the actual unearned portion of the premiums written in its policies.
Codes, 1906, § 2613; Hemingway's 1917, § 5076; 1930, § 5182; 1942, § 5692.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 13 - FIRE INSURANCE (§§ 83-13-1 — 83-13-25) › Section 83-13-5 - Amount of insurance; exemption

No insurance company shall knowingly issue any fire insurance policy upon property within this state for an amount which, together with any existing insurance thereon, exceeds a fair value of the property, nor for a longer term than five (5) years. When buildings and structures are insured against loss by fire and, situated within this state, are totally destroyed by fire, the company shall not be permitted to deny that the buildings or structures insured were worth at the time of the issuance of the policy the full value upon which the insurance is calculated, and the measure of damages shall be the amount for which the buildings and structures were insured. No insurance company or agent thereof shall be permitted to attach a three-quarter (3/4) value clause to insurance of this kind, and any fire insurance company or agent thereof who violates this section shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than Two Hundred Dollars ($200.00) nor more than One Thousand Dollars ($1,000.00) for each offense. The provisions of this section shall not apply to any builder's risk insurance policy.
Codes, 1892, § 2337; 1906, § 2592; Hemingway's 1917, § 5056; 1930, § 5183; 1942, § 5693; Laws, 1912, ch. 224; Laws, 1936, ch. 206.
Amended by Laws, 2023, ch. 403, HB 544,§ 1, eff. 3/22/2023.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 13 - FIRE INSURANCE (§§ 83-13-1 — 83-13-25) › Section 83-13-7 - Mortgagees protected in order of priority

When, by an agreement with the assured or by the terms of a fire insurance policy taken out by a mortgagor, the whole or any part of the loss thereon is payable to the mortgagee or mortgagees of the property for their benefit, the company shall, upon satisfactory proof of the rights and title of the parties, in accordance with such terms and agreement, pay all mortgagees protected by such policy in the order of their priority of claim, as their claims shall appear, not beyond the amount of which the company is liable. Such payments shall be, to the extent thereof, payments and satisfaction of the liabilities of the company under such policy.
Codes, 1892, § 2338; 1906, § 2595; Hemingway's 1917, § 5059; 1930, § 5184; 1942, § 5694.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 13 - FIRE INSURANCE (§§ 83-13-1 — 83-13-25) › Section 83-13-10 - Restrictions on disclosure of expiration date of insurance on mortgaged property

(1)
When a real property deed of trust or mortgage or a lending agreement in connection with a loan on real property provides that a mortgagor or borrower shall furnish insurance upon the mortgaged property, the mortgagee, assignee or creditor shall not disclose expiration dates or other policy information to other persons or parties, directly or indirectly, and such other persons or parties shall not request the disclosure of such information, so as to enable any person or party to solicit said insurance or any renewal thereof, without first obtaining the written consent of the policyholder for such disclosure to be made when the mortgagee, assignee or creditor has been advised in writing by the insurer or its agent that the insurance on the property will be cancelled or will not be renewed.
(2)
Willful violation of this section by any mortgagee, assignee or creditor, or by other persons or parties who may request the disclosure of such information from such mortgagee, assignee or creditor, shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00) for each violation.
Laws, 1974, ch. 516, §§ 1, 2, eff. 4/4/1974.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 13 - FIRE INSURANCE (§§ 83-13-1 — 83-13-25) › Section 83-13-11 - Conditions to be stated in full

In all insurance against loss by fire the condition of insurance shall be stated in full, and the rules and bylaws of the company shall not be considered as a warranty or a part of the contract except so far as they are incorporated in full into the policy and are not in conflict with this chapter.
Codes, 1906, § 2597; Hemingway's 1917, § 5061; 1930, § 5186; 1942, § 5696.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 13 - FIRE INSURANCE (§§ 83-13-1 — 83-13-25) › Section 83-13-13 - Proof of loss

In case of destruction or damage of property by fire where the same is insured against fire, it shall be the duty of the insurance company or companies liable for such loss, within a reasonable time after receiving notice thereof, to furnish to the insured proper blanks upon which to make the required proof of such loss, with full directions as to what proof is required to secure the payment of the policy. If the insurance company fails to comply with this section, the failure of the insured to make proper proof of loss prior to the suit shall be no defense to a suit upon the policy, and in all cases the insured shall have a reasonable time in which to make such proof after the blanks and directions are received.
Codes, 1906, § 2593; Hemingway's 1917, § 5057; 1930, § 5187; 1942, § 5697.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 13 - FIRE INSURANCE (§§ 83-13-1 — 83-13-25) › Section 83-13-15 - [Repealed]

Repealed by Laws, 1977, ch. 341, eff.3/11/1977.
Codes, 1906, § 2594; Hemingway's 1917, § 5058; 1930, § 5188; 1942, § 5698; Laws, 1934, ch. 299.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 13 - FIRE INSURANCE (§§ 83-13-1 — 83-13-25) › Section 83-13-17 - Industrial fire insurance policies

(1)
Industrial fire insurance policies are defined as policies issued by companies which write fire insurance through weekly premium agents operating on the debit agency system and which meet the other requirements of this section. Any such policy with limits in excess of Fifteen Hundred Dollars ($1500.00) may be written by such weekly premium agents operating on a debit system or by any agent qualified and licensed to write fire insurance in the State of Mississippi, and in the case of policies over Fifteen Hundred Dollars ($1500.00) written by agents other than weekly premium agents operating on a debit system, premiums may be collected as much as six (6) months in advance on the basis of filings made and approved by the Commissioner of Insurance as otherwise provided in this title. On all other industrial fire policies in the State of Mississippi, carriers and agents shall not collect premiums for more than four (4) months in advance.
The limit of risk of all industrial fire insurance policies issued as such in the State of Mississippi shall not exceed Forty Thousand Dollars ($40,000.00) on any one (1) dwelling risk of fire and allied lines, nor Twenty Thousand Dollars ($20,000.00) on the contents risk of fire and allied lines on any one (1) dwelling, nor Twenty Thousand Dollars ($20,000.00) on the risk of real or personal property loss resulting from burglary or theft.
(2)
The Commissioner of Insurance shall generally supervise and regulate the operation of industrial fire insurance and allied lines.
Codes, 1942, § 5698.5; Laws, 1958, ch. 453, §§ 1-3; Laws, 1966, ch. 530, § 1; Laws, 1975, ch. 407; Laws, 1980, ch. 406; Laws, 1983, ch. 346; Laws, 1987, ch. 324, § 1; Laws, 1987, ch. 422, § 51; Laws, 1993, ch. 310, § 1; Laws, 2004, ch. 523, § 2, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 13 - FIRE INSURANCE (§§ 83-13-1 — 83-13-25) › Section 83-13-19 - Unauthorized companies denied access to courts

No action shall be maintained by any insurance company in any court in the state upon any policy or contract of fire insurance issued upon any property situated in the state by any company, association, partnership, individual, or individuals that have not been authorized to transact such insurance business in this state.
Codes, 1892, § 2347; 1906, § 2652; Hemingway's 1917, § 5118; 1930, § 5199; 1942, § 5709.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 13 - FIRE INSURANCE (§§ 83-13-1 — 83-13-25) › Section 83-13-21 - Information required of insurers in case of fire losses

(1)
The State Chief Deputy Fire Marshal, the Commissioner of Insurance or any other authorized law enforcement authority charged with the responsibility of investigating a fire loss of real or personal property which may have resulted from a fire of incendiary origin may require, in writing, any insurance company insuring the loss under investigation to release any information in its possession which is pertinent to such a loss. The information shall include, but is not limited to:
(a)
Any insurance policy relevant to a fire loss under investigation and any application for such a policy;
(b)
Policy premium payment records;
(c)
History of previous claims made by the insured for fire loss; and
(d)
Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other relevant information or evidence.
(2)
In the absence of malice any insurance company or agent thereof who furnishes information on its behalf shall be immune from liability for damages in a civil action arising by virtue of compliance with the provisions of this section.
(3)
As used in this chapter, "insurance company" shall include the Mississippi Insurance Underwriting Association.
(4)
Any insurance company providing information to an authorized agency pursuant to subsection (1) of this section, or any owner, insured tenant or resident of property which is the subject of a report, shall have the right to request of such agency relevant information in accordance with Section
45-11-1
.
(5)
Any insurance company that willfully violates the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) and the Commissioner of Insurance may revoke the license of such company to transact the business of insurance in this state.
Laws, 1981, ch. 473, § 1; Laws, 1983, ch. 384; Laws, 1988, ch. 584, § 7; Laws, 1998, ch. 406, § 1, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 13 - FIRE INSURANCE (§§ 83-13-1 — 83-13-25) › Section 83-13-23 - Insurer required to pay volunteer fire department for protecting property insured by insurer

Any insurance company shall pay to the responsible volunteer fire department a minimum of One Hundred Dollars ($100.00) for each initial response to save from destruction by fire any structures which are located in areas rated as Class 9 or 10 and which are insured by that insurance company.
Laws, 1991, ch. 540, § 1; Laws, 1994, ch. 482, § 1, eff. 3/22/1994.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 13 - FIRE INSURANCE (§§ 83-13-1 — 83-13-25) › Section 83-13-25 - Form to be used by fire departments for minimum payments from insurers

The Commissioner of Insurance shall prepare a uniform form to be used by fire departments for the minimum payments. All insurance companies doing business in the state shall accept the form authorized by the commissioner.
Laws, 1991, ch. 540, § 2, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 14 - HOMEOWNERS' AND FARMOWNERS' INSURANCE [Repealed] (§§ 83-14-NEW — 83-14-1) › Section 83-14-NEW - [Newly enacted section not yet numbered] [Denial or cancellation of coverage based on age of roof]

(1)
If an insurer has issued to an insured a policy that provides coverage or a binder that binds coverage of a residential structure, the insurer shall not cancel the policy, cancel the binder, or deny coverage solely because of the age of the roof of the residential structure.
(2)
This act shall apply to homeowners' insurance policies issued or renewed on or after July 1, 2024.
Added by Laws, 2024, ch. 511, SB 2130,§ 1, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 14 - HOMEOWNERS' AND FARMOWNERS' INSURANCE [Repealed] (§§ 83-14-NEW — 83-14-1) › Section 83-14-1 - through 83-14-7 - [Repealed]

Repealed by Laws, 1987, Ch 422, § 33, eff. 1/1/1988.
Laws, 1975, ch 469, §§ 1-4.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 15 - TITLE INSURANCE (§§ 83-15-1 — 83-15-11) › Section 83-15-1 - Formation of company

Companies may be formed in the same manner provided in this chapter for the purposes of abstracting title to real estate, furnishing information in relation thereto, and insuring owners and others interested therein against loss by reason of incumbrances and defective titles. Such companies shall not be subject to the provisions of this chapter except as regards the manner of their formation as follows, to wit: Any company, before it shall issue any policy of insurance or guaranty, shall file with the insurance commissioner a certified copy of the record of the certificate of its organization in the office of the secretary of state, and shall obtain from the commissioner of insurance his certificate that it has complied with the laws applicable to it and is authorized to do such business. Every corporation which issues policies of title insurance or guaranty shall, on or before the first day of March of each year, file in the office of the insurance commissioner a statement such as he may require, of its condition and of its affairs for the year ending on the preceding thirty-first of December, signed and sworn to by its president, secretary, treasurer, or one of its directors; and for neglect to file such annual statement shall be liable to the same penalties as are imposed upon insurance companies generally.
Codes, 1892, § 2336; 1906, §§ 2588-2590; Hemingway's 1917, §§ 5052-5054; 1930, § 5164; 1942, § 5671; Laws, 1952, ch. 297; Laws, 1958, ch. 441, eff. 2/7/1958.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 15 - TITLE INSURANCE (§§ 83-15-1 — 83-15-11) › Section 83-15-3 - License; continuous agent certificate

The commissioner shall annually license such companies as issue policies of title insurance or contracts of guaranty and issue continuous agent certificates as prescribed in Sections
83-5-73
and
83-17-5
, Mississippi Code of 1972, and shall have the same power and authority to visit and examine such companies as he has in the case of domestic insurance companies. But persons licensed as fire insurance agents and persons who are practicing attorneys at law may act as agent for any such company without additional license.
Codes, 1892, § 2336; 1906, §§ 2588-2590; Hemingway's 1917, §§ 5052-5054; 1930, § 5164; 1942, § 5671; Laws, 1952, ch. 297; Laws, 1958, ch. 441; Laws, 1990, ch. 355, § 1, eff. 7/1/1990.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 15 - TITLE INSURANCE (§§ 83-15-1 — 83-15-11) › Section 83-15-5 - Capital requirements

(1)
A corporation created as herein provided shall not issue any title insurance policy until it has capital of not less than One Hundred Fifty Thousand Dollars ($150,000.00) and surplus of not less than Seventy-five Thousand Dollars ($75,000.00). The total amount of any policy issued by such corporation without reinsurance shall not exceed fifty percent (50%) of the capital and surplus of the company, as reflected by its latest statement to the commissioner. In transactions where a primary risk is carried by another title insurance company, a domestic title insurance company may issue its reinsurance or coinsurance for an amount not exceeding its capital and surplus.
(2)
A corporation created as herein provided shall deposit with the State Treasurer fifty percent (50%) of its capital stock, either in cash or in such bonds or securities in which the company is authorized by law to invest its funds. Upon such deposit and evidence, by affidavit or otherwise, satisfactory to the Commissioner of Insurance that the capital and surplus is all paid in and that the company is the actual and unqualified owner of the securities representing the paid-up capital and surplus, he shall issue to the company his certificate authorizing it to transact business in this state.
Codes, 1892, § 2336; 1906, §§ 2588-2590; Hemingway's 1917, §§ 5052-5054; 1930, § 5164; 1942, § 5671; Laws, 1952, ch. 297; Laws, 1958, ch. 441; Laws, 2001, ch. 433, § 2, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 15 - TITLE INSURANCE (§§ 83-15-1 — 83-15-11) › Section 83-15-7 - Reserve for losses

A corporation created as provided in this chapter shall establish and maintain a reserve for losses in an amount which shall be not less than (1) ten percent (10%) of the amount of all premiums received by the corporation on and after January 1, 1952, or (2) Fifty Thousand Dollars ($50,000.00) whichever is the lesser.
Codes, 1892, § 2336; 1906, §§ 2588-2590; Hemingway's 1917, §§ 5052-5054; 1930, § 5164; 1942, § 5671; Laws, 1952, ch. 297; Laws, 1958, ch. 441, eff. 2/7/1958.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 15 - TITLE INSURANCE (§§ 83-15-1 — 83-15-11) › Section 83-15-9 - Reserve for unearned premiums and reinsurance

A corporation created as provided in this chapter shall establish, segregate and maintain, in addition to the reserve for losses as provided in Section
83-15-7
, a reserve for unearned premiums and reinsurance during the period hereinafter provided, which shall at all times and for all purposes be deemed and shall constitute unearned portions of the original premiums and shall be charged as a reserve liability of such corporation in determining its financial condition. The assets constituting the unearned premium reserve shall be withdrawn from the use by the corporation for its general purposes, shall be impressed with a trust for the benefit of the corporation's title insurance policyholders, and shall be available for reinsurance of title insurance policies in the event of the insolvency of the corporation. The income from such unearned premium reserve shall be included in the general income of the corporation and may be used by such corporation for any lawful corporate purposes. The unearned premium reserve of every corporation shall be cumulative and shall consist of:
(a)
An amount equal to the unearned premium reserve previously required to be held pursuant to Section
83-15-9
as of March 4, 1977;
(b)
The amount of all additions required to be made to such reserve by this section; and less
(c)
The withdrawals from such reserve as required by this section.
On the last day of each month after March 4, 1977, each corporation shall add to its unearned premium reserve, with respect to each title insurance policy or contract or reinsurance agreement issued by it, a sum equal to ten percent (10%) of all premiums received during such month. The amounts set aside as additions to such unearned premium reserve shall be deducted in determining the net income of the corporation. Upon the expiration of one hundred eighty (180) months after the month of the issuance of each title insurance policy, contract or reinsurance agreement that portion of the assets of the unearned premium reserve attributable to said title insurance policy, contract or reinsurance agreement shall be released and withdrawn from said reserve, shall no longer constitute part of said reserve, shall be included in the income of the corporation, and may then be used by the corporation for any lawful corporate purposes.
Codes, 1892, § 2336; 1906, §§ 2588-2590; Hemingway's 1917, §§ 5052-5054; 1930, § 5164; 1942, § 5671; Laws, 1952, ch. 297; Laws, 1958, ch. 441; Laws, 1977, ch. 328, § 2, eff. 3/4/1977.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 15 - TITLE INSURANCE (§§ 83-15-1 — 83-15-11) › Section 83-15-11 - State and political subdivisions may secure title insurance

The State of Mississippi, its agencies, special districts, counties, municipalities, commissions, and other public bodies authorized by law to acquire real estate, or an interest in real estate, hereafter acquiring real estate or an interest in real estate are hereby authorized, in their discretion, to secure the protection of title insurance from companies qualified to do business in this state.
The action of any such public body which heretofore has secured the protection of such title insurance is hereby ratified, approved, and confirmed.
The authority hereby conferred to such public bodies by this section shall be limited to real estate or an interest in real estate hereafter acquired by such public bodies in the furtherance of any BAWI, port, housing, industrial program, or other development authorized by law.
Codes, 1942, § 5671.5; Laws, 1960, ch. 372, §§ 1-3.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 1 - GENERAL PROVISIONS (§§ 83-17-1 — 83-17-47) › Section 83-17-3 - Personal liability

An insurance agent shall be personally liable on all contracts of insurance unlawfully made by or through him, directly or indirectly, for or in behalf of any company not authorized to do business in the state.
Codes, 1906, § 2616; Hemingway's 1917, § 5079; 1930, § 5197; 1942, § 5707.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 1 - GENERAL PROVISIONS (§§ 83-17-1 — 83-17-47) › Section 83-17-5 - Agent certificate; notification of nonrenewal required

Every agent of any insurance company, fraternal order or association authorized to do business in this state shall be required to obtain from the Commissioner of Insurance a certificate under the seal of his office showing that the company for which he or she is licensed to do business in this state, and that he or she is an agent of said company and duly authorized to do business for it. Such certificate shall remain valid as long as the insurance company, fraternal order or association pays to the commissioner an annual certificate fee to continue the authorization. The insurance company, fraternal order or association must notify the agent within thirty (30) days if the authority is nonrenewed or cancelled.
Codes, 1906, § 2627; Hemingway's 1917, § 5093; 1930, § 5198; 1942, § 5708; Laws, 1988, ch. 526, § 5; Laws, 1990, ch. 355, § 2; Laws, 2003, ch. 419, § 1; Laws, 2006, ch. 314, § 1, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 1 - GENERAL PROVISIONS (§§ 83-17-1 — 83-17-47) › Section 83-17-7 - Commission to unauthorized agent unlawful; employees or authorized agents of limited license rental car company may receive commission under rental car company's limited license

(1)
It shall be unlawful for any insurance company or any insurance agent to pay, directly or indirectly, any commission, brokerage or other valuable consideration on account of any policy or policies written on risks in this state to any person, agent, firm or corporation not duly licensed as an insurance agent in this state, except that property and other risks of nonresident persons, and of foreign corporations not qualified in this state, may be insured by brokers or other agents duly licensed in other states.
It shall be lawful, however, for an insurance company or any insurance agent to pay, directly or indirectly, to the surviving spouse or heirs of a deceased licensed insurance agent in this state any commissions or other valuable consideration to which the deceased agent would be entitled, whether such surviving spouse or heir is or is not a licensed agent.
It shall be lawful for an insurance agent, agency or affiliate to pay a referral fee to any unlicensed employee of the agent, agency or affiliate when the employee refers a prospective insured to the licensed agent or agency. The referral fee shall be a one-time nominal fee of a fixed dollar amount for each referral customer. The payment of any referral fee shall not depend on whether the referral results in a sale of any insurance products. Furthermore, the referral fee shall not be based on a percentage of any premiums or commissions collected by the licensed agent. The referral fee shall not be paid, either directly or indirectly, to the prospective insured.
(2)
Notwithstanding any provision in this section to the contrary, employees and authorized agents of a limited license rental car company:
(a)
May receive compensation for activities under the rental car company's limited license that is incidental to their overall compensation, including, but not limited to, commissions, bonuses and other valuable consideration;
(b)
May offer, sell or solicit, in connection with and incidental to the rental of rental cars, the kinds of insurance specified in Section
83-17-63(1)(h)
under the limited license of the rental car company; and
(c)
Shall not require any additional licensing under this chapter or any other provision of Title 83 relating to paragraph (a) or (b) above.
(3)
The Commissioner of Insurance may promulgate rules and regulations necessary to carry out the provisions of this section.
Codes, 1942, § 5710; Laws, 1938, ch. 194; Laws, 1975, ch. 372; Laws, 1999, ch. 474, § 1; Laws, 2001, ch. 433, § 3; Laws, 2006, ch. 315, § 1; Laws, 2010, ch. 419, § 2, eff. 7/1/2010.
Amended by Laws, 2015, ch. 364, SB 2443, 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 1 - GENERAL PROVISIONS (§§ 83-17-1 — 83-17-47) › Section 83-17-9 - and 83-17-11 - [Repealed]

Repealed by Laws, 2001, ch. 510, § 34, eff. 1/1/2002.
§ 83-17-9. [Codes, 1942, § 5711; Laws, 1938, ch. 194.] § 83-17-11. [Codes, 1942, § 5712; Laws, 1938, ch. 194; Laws, 2000, ch. 417, § 1.]
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 1 - GENERAL PROVISIONS (§§ 83-17-1 — 83-17-47) › Section 83-17-13 - Penalty for signing blank policy

It shall be unlawful for any agent of a fire insurance company, or of any other insurance company which is required to have its policies signed by a resident agent, to sign any blank policy of insurance. Upon satisfactory proof that any agent has violated the provisions of this section, the commissioner shall revoke such agent's license for all companies for not less than three (3) nor more than six (6) months for the first offense, and for one (1) year for the second offense.
Codes, 1906, § 2654; Hemingway's 1917, § 5120; 1930, § 5200; 1942, § 5713; Laws, 1938, ch. 194.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 1 - GENERAL PROVISIONS (§§ 83-17-1 — 83-17-47) › Section 83-17-15 - and 83-17-17 - [Repealed]

Repealed by Laws, 2001, ch. 510, § 34, eff. 1/1/2002.
§ 83-17-15. [Codes, 1942, § 5714; Laws, 1938, ch. 194.] § 83-17-17. [Codes, 1906, § 2657; Hemingway's 1917, § 5123; Laws, 1930, § 5203; Laws, 1942, § 5717; Laws, 2001, ch. 510, § 34.]