reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 9 - ACCIDENT, HEALTH AND MEDICARE SUPPLEMENT INSURANCE (§§ 83-9-1 — 83-9-NEW-005) › MEDICARE SUPPLEMENT INSURANCE (§§ 83-9-101 — 83-9-115) › Section 83-9-113 - Regulations subject to administrative procedures law

Regulations promulgated pursuant to Sections
83-9-101
through
83-9-115
shall be subject to the provisions of Chapter 43 of Title 25, Mississippi Code of 1972.
Laws, 1981, ch. 433, § 7, eff. 10/1/1981.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 9 - ACCIDENT, HEALTH AND MEDICARE SUPPLEMENT INSURANCE (§§ 83-9-1 — 83-9-NEW-005) › MEDICARE SUPPLEMENT INSURANCE (§§ 83-9-101 — 83-9-115) › Section 83-9-115 - Effect of partial invalidity of provisions

If any provision of Sections
83-9-101
through
83-9-115
or the application thereof to any person or circumstances is for any reason held to be invalid, the remainder of Sections
83-9-101
through
83-9-115
and the application of such provision to other persons or circumstances shall not be affected thereby.
Laws, 1992, ch. 337 § 10, eff. 4/20/1992.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 9 - ACCIDENT, HEALTH AND MEDICARE SUPPLEMENT INSURANCE (§§ 83-9-1 — 83-9-NEW-005) › COMPREHENSIVE HEALTH INSURANCE RISK POOL ASSOCIATION (§§ 83-9-201 — 83-9-NEW-002) › Section 83-9-201 - Short title

Sections
83-9-201
through
83-9-222
shall be known and may be cited as the "Comprehensive Health Insurance Risk Pool Association Act."
Laws, 1991, ch. 593, § 1; reenacted, Laws, 1995, ch. 490, § 1; reenacted and amended, Laws, 1997, ch. 311, § 1, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 9 - ACCIDENT, HEALTH AND MEDICARE SUPPLEMENT INSURANCE (§§ 83-9-1 — 83-9-NEW-005) › COMPREHENSIVE HEALTH INSURANCE RISK POOL ASSOCIATION (§§ 83-9-201 — 83-9-NEW-002) › Section 83-9-203 - Purpose

It is the purpose of the Legislature to establish a mechanism to allow the availability of a health insurance program and to allow the availability of health and accident insurance coverage to those citizens of this state who (a) because of health conditions cannot secure such coverage, or (b) desire to obtain or continue health insurance coverage under any state or federal program designed to enable persons to obtain or maintain health insurance coverage. It is further the purpose of the Legislature to establish a mechanism to assist the Commissioner of Insurance with the creation, implementation or operation of an exchange.
Laws, 1991, ch. 593, § 2; reenacted, Laws, 1995, ch. 490, § 2; reenacted without change, Laws, 1997, ch. 311, § 2; Laws, 2009, ch. 385, § 1, eff. 7/1/2009.
Amended by Laws, 2024, ch. 537, HB 1647,§ 5, eff. 5/14/2024.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 9 - ACCIDENT, HEALTH AND MEDICARE SUPPLEMENT INSURANCE (§§ 83-9-1 — 83-9-NEW-005) › COMPREHENSIVE HEALTH INSURANCE RISK POOL ASSOCIATION (§§ 83-9-201 — 83-9-NEW-002) › Section 83-9-207 - Participation by insurers; availability of policies for sale

(1)
Every insurer shall participate in the association.
(2)
The requirements of this plan shall become effective April 15, 1991. The policies shall be available for sale January 1, 1992.
Laws, 1991, ch. 593, § 4; reenacted, Laws, 1995, ch. 490, § 4; reenacted without change, Laws, 1997, ch. 311, § 4, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 9 - ACCIDENT, HEALTH AND MEDICARE SUPPLEMENT INSURANCE (§§ 83-9-1 — 83-9-NEW-005) › COMPREHENSIVE HEALTH INSURANCE RISK POOL ASSOCIATION (§§ 83-9-201 — 83-9-NEW-002) › Section 83-9-212 - Liability of board, employees, insurers, association, etc. for obligations of association or acts or omissions; indemnification and representation of board and employees

Neither the board nor its employees shall be liable for any obligations of the association. There shall be no liability on the part of and no cause of action shall arise against any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors or the commissioner or his representatives for any action or omission by them in the performance of their powers and duties under Sections
83-9-201
through
83-9-222
. The board may provide in its bylaws or rules for indemnification of, and legal representation for, its members and employees.
Laws, 1995, ch. 490, § 7; reenacted and amended, Laws, 1997, ch. 311, § 7, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 9 - ACCIDENT, HEALTH AND MEDICARE SUPPLEMENT INSURANCE (§§ 83-9-1 — 83-9-NEW-005) › COMPREHENSIVE HEALTH INSURANCE RISK POOL ASSOCIATION (§§ 83-9-201 — 83-9-NEW-002) › Section 83-9-214 - Distribution of funds held by Comprehensive Health Insurance Risk Pool Association upon cessation of operations

Upon the cessation of operations by the Comprehensive Health Insurance Risk Pool Association, the distribution of any funds held by the association, including the refund of assessments, shall require the prior approval of the Commissioner of Insurance.
Added by Laws, 2018, ch. 384, HB 1196,§ 1, eff. 3/19/2018.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 9 - ACCIDENT, HEALTH AND MEDICARE SUPPLEMENT INSURANCE (§§ 83-9-1 — 83-9-NEW-005) › COMPREHENSIVE HEALTH INSURANCE RISK POOL ASSOCIATION (§§ 83-9-201 — 83-9-NEW-002) › Section 83-9-217 - Assessments against insurers

(1)
For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers at such time and for such amounts as the board finds necessary. Assessments shall be due not less than thirty (30) days after prior written notice to the member insurers and shall accrue interest at twelve percent (12%) per annum on and after the due date.
(2)
Each insurer shall be assessed an amount not to exceed Three Dollars ($3.00) per covered person insured or reinsured by each insurer per month. There shall not be such assessment on any insurer on policies or contracts insuring federal or state employees.
(3)
The board shall make reasonable efforts designed to ensure that each covered person is counted only once with respect to any assessment. For that purpose, the board shall require each insurer that obtains excess or stoploss insurance to include in its count of covered persons all individuals whose coverage is insured (including by way of excess or stoploss coverage) in whole or part. The board shall allow a reinsurer to exclude from its number of covered persons those who have been counted by the primary insurer or by the primary reinsurer or primary excess or stoploss insurer for the purpose of determining its assessment under this subsection.
(4)
Each insurer's assessment may be verified by the board based on annual statements and other reports deemed to be necessary by the board. The board may use any reasonable method of estimating the number of covered persons of an insurer if the specific number is unknown.
(5)
If assessments and other receipts by the association, board or administering insurer exceed the actual losses and administrative expenses of the plan, the excess shall be held at interest and used by the board to offset future losses or to reduce plan premiums.
As used in this subsection, the term "future losses" includes reserves for claims incurred but not reported.
(6)
The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment or otherwise file any report or furnish information required to be filed with the board pursuant to the board's direction that the board determines is necessary in order for the board to perform its duties under this section. As an alternative, the commissioner may levy a forfeiture on any member insurer which fails to pay an assessment when due. Such forfeiture shall not exceed five percent (5%) of the unpaid assessment per month, but no forfeiture shall be less than One Hundred Dollars ($100.00) per month.
Laws, 1991, ch. 593, § 9; Laws, 1995, ch. 490, § 10; reenacted without change, Laws, 1997, ch. 311, § 10; Laws, 2002, ch. 564, § 1; Laws, 2009, ch. 385, § 7, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 9 - ACCIDENT, HEALTH AND MEDICARE SUPPLEMENT INSURANCE (§§ 83-9-1 — 83-9-NEW-005) › COMPREHENSIVE HEALTH INSURANCE RISK POOL ASSOCIATION (§§ 83-9-201 — 83-9-NEW-002) › Section 83-9-219 - Insurance of plan coverage; issuance of policies

The coverage provided by the plan shall be directly insured by the association, and the policies shall be issued through the administering insurer. Subject to the approval of the commissioner, the association may close enrollment in, and/or cease to offer the coverage provided by, the plan at any time upon a determination by the board that the availability of such coverage is no longer necessary.
Laws, 1991, ch. 593, § 10; reenacted, Laws, 1995, ch. 490, § 11; reenacted without change, Laws, 1997, ch. 311, § 11, eff. 7/1/1997.
Amended by Laws, 2016, ch. 306, SB 2300, 2, eff. 4/4/2016.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 9 - ACCIDENT, HEALTH AND MEDICARE SUPPLEMENT INSURANCE (§§ 83-9-1 — 83-9-NEW-005) › COMPREHENSIVE HEALTH INSURANCE RISK POOL ASSOCIATION (§§ 83-9-201 — 83-9-NEW-002) › Section 83-9-222 - Actions against association or members based upon joint or collective actions

Neither the participation in the association as member insurers, the establishment of rates, forms or procedures nor any other joint or collective action required by Sections
83-9-201
through
83-9-222
shall be the basis of any legal action, criminal or civil liability or penalty against the association or any member insurer.
Laws, 1995, ch. 490, § 14; reenacted and amended, Laws, 1997, ch. 311, § 13, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 9 - ACCIDENT, HEALTH AND MEDICARE SUPPLEMENT INSURANCE (§§ 83-9-1 — 83-9-NEW-005) › COMPREHENSIVE HEALTH INSURANCE RISK POOL ASSOCIATION (§§ 83-9-201 — 83-9-NEW-002) › Section 83-9-223 - [Repealed]

Repealed by Laws of 1997, ch. 311, § 14, eff. 7/1/1997.
Laws, 1991, ch. 593, § 12; Laws, 1995, ch. 490, § 13.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 9 - ACCIDENT, HEALTH AND MEDICARE SUPPLEMENT INSURANCE (§§ 83-9-1 — 83-9-NEW-005) › COMPREHENSIVE HEALTH INSURANCE RISK POOL ASSOCIATION (§§ 83-9-201 — 83-9-NEW-002) › Section 83-9-NEW-001 - [Newly enacted section not yet numbered] [Repealed Effective 6/30/2026] [Advanced, metastatic cancer and associated conditions - Impermissible limits on coverage]

(1)
As used in this section, the following terms shall be defined as provided in this subsection:
(a)
"Associated conditions" means the symptoms or side effects associated with advanced, metastatic cancer or its treatment and which, in the judgment of the health care practitioner, further jeopardizes the health of a patient if left untreated.
(b)
"Advanced, metastatic cancer" means cancer that has spread from the primary or original site of the cancer to nearby tissues, lymph nodes, or other areas or parts of the body.
(c)
"Health benefit plan" means a policy, contract, certificate or agreement entered into, offered by or issued by an insurer to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.
(2)
A health benefit plan that provides coverage for advanced, metastatic cancer and associated conditions may not require, before the health benefit plan provides coverage of a prescription drug approved by the United States Food and Drug Administration, that the enrollee:
(a)
Fail to successfully respond to a different drug; or
(b)
Prove a history of failure of a different drug.
(3)
This section applies only to a drug the use of which is:
(a)
Consistent with best practices for the treatment of advanced, metastatic cancer or an associated condition;
(b)
Supported by peer-reviewed, evidence-based literature; and
(c)
Approved by the United States Food and Drug Administration.
Repealed by Laws, 2024, ch. 379, HB 1143,§ 3, eff. 6/30/2026.
Added by Laws, 2024, ch. 379, HB 1143,§ 1, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 9 - ACCIDENT, HEALTH AND MEDICARE SUPPLEMENT INSURANCE (§§ 83-9-1 — 83-9-NEW-005) › COMPREHENSIVE HEALTH INSURANCE RISK POOL ASSOCIATION (§§ 83-9-201 — 83-9-NEW-002) › Section 83-9-NEW-002 - [Newly enacted section not yet numbered] [Health benefit policy issued in another state - Reimbursement rates]

Any insurer, subcontractor, third-party administrator or other payor that administers a health benefit policy issued in another state that covers a person in this state, shall reimburse providers at the reimbursement rate as provided in the state of issuance, if that reimbursement rate is higher than the reimbursement rate in this state and if the premium for such policy was based on certain benefits and provider network reimbursements in the issuing state. Furthermore, if a benefit is provided in the issuing state, that benefit must be provided to covered persons in this state. The Commissioner of Insurance may adopt rules and regulations necessary to ensure policyholder protection and compliance with this section. ERISA and self-funded plans shall be exempt from this section.
Added by Laws, 2024, ch. 373, HB 1410,§ 1, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 9 - ACCIDENT, HEALTH AND MEDICARE SUPPLEMENT INSURANCE (§§ 83-9-1 — 83-9-NEW-005) › BASIC GROUP HEALTH INSURANCE FOR SMALL BUSINESS (§§ 83-9-301 — 83-9-303) › Section 83-9-301 - [Repealed]

Repealed by Laws of 1994, ch. 329, § 2, eff. 7/1/1994.
Laws, 1992, ch. 541, § 1.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 9 - ACCIDENT, HEALTH AND MEDICARE SUPPLEMENT INSURANCE (§§ 83-9-1 — 83-9-NEW-005) › BASIC GROUP HEALTH INSURANCE FOR SMALL BUSINESS (§§ 83-9-301 — 83-9-303) › Section 83-9-303 - Basic group health insurance policy offered to employers of small numbers of employees

(1)
A basic group health insurance policy shall be offered to employers of fewer than twenty-five (25) employees. Such a basic group health policy shall provide coverage for hospital expenses and services rendered by a physician licensed by this state, but is not subject to the requirements of state mandated benefit for health insurance.
(2)
Nothing in this section shall prohibit an insurer from offering, or a purchaser from seeking, benefits in excess of the basic coverage authorized herein. Nothing in this section shall restrict the right of employees to collectively bargain for insurance providing benefits in excess of those provided herein.
(3)
All forms, policies and contracts shall be submitted for approval to the Commissioner of Insurance, and the rates of any plan offered under this section shall be reasonable in relation to the benefits thereto.
Laws, 1992, ch. 541, § 2; reenacted, Laws, 1994, ch. 329, § 1, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 9 - ACCIDENT, HEALTH AND MEDICARE SUPPLEMENT INSURANCE (§§ 83-9-1 — 83-9-NEW-005) › COVERAGE FOR TELEMEDICINE SERVICES (§§ 83-9-351 — 83-9-NEW-005) › Section 83-9-NEW-003 - [Newly enacted section not yet numbered] [Cost-sharing - Screening, diagnostic breast examinations and supplemental breast examinations]

As used in this section, the following terms shall be defined as provided in this subsection:
(a)
"Cost-sharing requirements" means a deductible, coinsurance, copayment or similar out-of-pocket expense.
(b)
"Diagnostic breast examinations" means a medically necessary and appropriate (in accordance with National Comprehensive Cancer Network Guidelines) examination of the breast, including, but not limited to, such an examination using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, or breast ultrasound, that is:
(i)
Used to evaluate an abnormality seen or suspected from a screening examination for breast cancer; or
(ii)
Used to evaluate an abnormality detected by another means of examination.
(c)
"Supplemental breast examinations" means a medically necessary and appropriate (in accordance with National Comprehensive Cancer Network Guidelines) examination of the breast, including, but not limited to, such an examination using contrast-enhanced mammography, diagnostic mammography, breast magnetic resonance imaging, or breast ultrasound, that is:
(i)
Used to screen for breast cancer when there is no abnormality seen or suspected; and
(ii)
Based on personal or family medical history or additional factors that may increase the individual's risk of breast cancer.
(2)
If a group health plan, or a health insurance issuer offering group or individual health insurance coverage, provides benefits with respect to screening, diagnostic breast examinations and supplemental breast examinations furnished to an individual enrolled under such plan, such plan shall not impose any cost-sharing requirements for those services.
(3)
If under federal law, application of subsection (2) of this section would result in health savings account ineligibility under Section 223 of the federal Internal Revenue Code, this requirement shall apply only for health savings account-qualified high deductible health plans with respect to the deductible of such a plan after the enrollee has satisfied the minimum deductible under Section 223, except for with respect to items or services that are preventive care pursuant to Section 223(c)(2)(C) of the federal Internal Revenue Code, in which case the requirements of subsection (2) shall apply regardless of whether the minimum deductible under Section 223 has been satisfied.
Added by Laws, 2024, ch. 432, SB 2858,§ 10, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 9 - ACCIDENT, HEALTH AND MEDICARE SUPPLEMENT INSURANCE (§§ 83-9-1 — 83-9-NEW-005) › COVERAGE FOR TELEMEDICINE SERVICES (§§ 83-9-351 — 83-9-NEW-005) › Section 83-9-NEW-005 - [Newly enacted section not yet numbered] [Repealed Effective 6/30/2028] [Minimum allowable reimbursement rate - Payment]

(1)
(a)
The minimum allowable reimbursement rate under any policy of accident and sickness insurance as defined by Section
83-9-1
to an out-of-network ambulance service provider for all covered services shall be the rates contracted between an ambulance service provider and a county, municipality or special purpose district or authority, or otherwise approved or established by ordinance or regulation enacted by any such county, municipality or special purpose district or authority in which the covered healthcare services originated.
(b)
In the absence of rates provided in subsection (a), the minimum allowable reimbursement rate to an out-of-network ambulance service provider shall be the greater of:
(i)
Three hundred twenty-five percent (325%) of the reimbursement allowed by Medicare for the respective services originating in the respective geographic area; or
(ii)
The ambulance service provider's billed charges.
(2)
A payment made under this section shall be considered payment in full for the covered services provided, except for any copayment, coinsurance, deductible and other cost-sharing feature amounts required to be paid by the enrollee.
(3)
For purposes of this section, the term "ambulance service provider" means a person or entity that provides ambulance transportation and emergency medical services to a patient for which a permit is required under Section
41-59-9
.
(4)
This section shall stand repealed on June 30, 2028.
Added by Laws, 2024, ch. 468, HB 1489,§ 2, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 1 - CANCELLATION OR NONRENEWAL OF POLICY (§§ 83-11-1 — 83-11-21) › Section 83-11-3 - Grounds for cancellation and exceptions

(1)
A notice of cancellation of a policy shall be effective only if it is based on one or more of the following reasons:
(a)
nonpayment of premium;
(b)
the driver's license or motor vehicle registration of the named insured, or of any other operator who either resides in the same household or customarily operates an automobile insured under the policy, has been under suspension or revocation during the policy period or, if the policy is a renewal, during its policy period or the one hundred eighty (180) days immediately preceding its effective date, unless within seven (7) days from the date of any such cancellation or suspension, the insured shall give insurer written notice of such revocation or suspension and shall direct the insurer to exclude from coverage under said policy the person whose license was so suspended or revoked; further use of the insured vehicle by an excluded driver shall be grounds for immediate cancellation of a policy; or
(c)
failure to make timely payment of dues to, or to maintain membership in good standing with, a designated association, corporation, or other organization where the original issue of such policy or renewal was dependent upon such membership.
(2)
This section shall not apply to any policy or coverage which has been in effect less than sixty (60) days at the time notice of cancellation is mailed or delivered by the insurer, unless it is a renewal policy.
(3)
Modification of automobile physical damage coverage by the inclusion of a deductible not exceeding One Hundred Dollars ($100.00) shall not be deemed a cancellation of the coverage or of the policy.
(4)
This section shall not apply to nonrenewal.
1942, § 5670.8-102; Laws, 1970, ch. 450, § 2, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 1 - CANCELLATION OR NONRENEWAL OF POLICY (§§ 83-11-1 — 83-11-21) › Section 83-11-5 - Notice of cancellation

No notice of cancellation of a policy to which Section
83-11-3
applies shall be effective unless mailed or delivered by the insurer to the named insured and to any named creditor loss payee at least thirty (30) days prior to the effective date of cancellation; provided, however, that where cancellation is for nonpayment of premium at least ten (10) days' notice of cancellation accompanied by the reason therefor shall be given. Unless the reason accompanies or is included in the notice of cancellation, the notice of cancellation shall state or be accompanied by a statement that upon written request of the named insured, mailed or delivered to the insurer not less than fifteen (15) days prior to the effective date of cancellation, the insurer will specify the reason for such cancellation.
This section shall not apply to nonrenewal unless there is a named creditor loss payee.
Codes, 1942, § 5670.8-103; Laws, 1970, ch. 450, § 3; Laws, 1989, ch. 410, § 2; Laws, 2006, ch. 480, § 2, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 1 - CANCELLATION OR NONRENEWAL OF POLICY (§§ 83-11-1 — 83-11-21) › Section 83-11-9 - Proof of notice

Proof of mailing of notice of cancellation, or of intention not to renew, or of reasons for cancellation to the named insured by a certificate of mailing, at the address shown in the policy, shall be sufficient proof of notice.
Codes, 1942, § 5670.8-105; Laws, 1970, ch. 450, § 5, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 1 - CANCELLATION OR NONRENEWAL OF POLICY (§§ 83-11-1 — 83-11-21) › Section 83-11-11 - Notice of insured's eligibility for assigned risk plan

When a policy of automobile liability insurance is cancelled other than for nonpayment of premium, or in the event of failure to renew a policy of automobile liability insurance to which Section
83-11-7
applies, the insurer shall notify the named insured of his possible eligibility for automobile liability insurance through the automobile liability assigned risk plan. Such notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew.
Codes, 1942, § 5670.8-106; Laws, 1970, ch. 450, § 6, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 1 - CANCELLATION OR NONRENEWAL OF POLICY (§§ 83-11-1 — 83-11-21) › Section 83-11-13 - Written statement of reasons for cancellation

Where the reason for cancellation does not accompany or is not included in the notice of cancellation, the insurer shall, upon written request of the named insured mailed or delivered to the insurer not less than fifteen (15) days prior to the effective date of cancellation, specify in writing the reason for such cancellation. Such reason shall be mailed or delivered to the named insured within five (5) days after receipt of such request.
Codes, 1942, § 5670.8-107; Laws, 1970, ch. 450, § 7, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 1 - CANCELLATION OR NONRENEWAL OF POLICY (§§ 83-11-1 — 83-11-21) › Section 83-11-15 - Liability for statement of reasons for cancellation

There shall be no liability on the part of and no cause of action of any nature shall arise against the commissioner of insurance or against any insurer, its authorized representative, its agents, its employees, or any firm, person, or corporation furnishing to the insurer or its agents information as to reasons for cancellation, for any statement made by any of them in any written notice of cancellation or in any other communication, oral or written, specifying the reasons for cancellation or the providing of information pertaining thereto, or for statements made or evidence submitted at any hearings conducted in connection therewith.
Codes, 1942, § 5670.8-108; Laws, 1970, ch. 450, § 8, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 1 - CANCELLATION OR NONRENEWAL OF POLICY (§§ 83-11-1 — 83-11-21) › Section 83-11-17 - Appeal from cancellation or nonrenewal

A named insured who wishes to contest the reason or reasons for a cancellation of a policy which has been in effect for sixty (60) days or more or failure by insurer to give proper notice of nonrenewal as provided hereunder shall, not less than seven (7) working days from the date of receipt of notice of cancellation or receipt of notice of nonrenewal, mail or deliver to the Commissioner of Insurance a written request for a hearing, which request shall state clearly the basis for the appeal .
A cancellation or nonrenewal which is subject to the provisions of this article shall be deemed effective unless the Commissioner of Insurance determines otherwise in accordance with the provisions of this article.
Codes, 1942, § 5670.8-109; Laws, 1970, ch. 450, § 9; Laws, 1998, ch. 416, § 1, eff. 7/1/1998.
Amended by Laws, 2024, ch. 452, HB 819,§ 1, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 1 - CANCELLATION OR NONRENEWAL OF POLICY (§§ 83-11-1 — 83-11-21) › Section 83-11-19 - Hearing and order of commissioner

Within two (2) working days after receipt of a timely request for a hearing, the commissioner or his officially appointed designee shall call a hearing upon at least seven (7) days' notice to the parties. Each insurer licensed to do in this state the kind of business which is subject to this article shall maintain on file with the commissioner the name and address of the person authorized to receive notices pursuant to this article on behalf of the insurer.
The commissioner or his designated representative who conducted the hearing shall, at the conclusion thereof or not later than two (2) days thereafter, issue his written findings to the parties. If he finds for the named insured, he shall either order the insurer to rescind its notice of cancellation or, if the date cancellation is to be effective has elapsed, order the policy reinstated or renewed. Such order shall operate retroactively only to cover a period not to exceed twenty (20) days from the date cancellation otherwise would have been effective, and prospectively from the date on which the order was issued; provided, however, that no policy shall be reinstated or renewed while the named insured is in arrears in payment of premiums on such policy. If the commissioner or his representative finds for the insurer, his written order shall so state . Reinstatement of a policy under this section shall not operate in any way to extend the expiration, termination, or anniversary date provided in the policy. Renewal of a policy shall be for a term of one (1) year from the expiration date of the prior policy, and otherwise shall contain the same coverage, terms, and contractual provisions contained in said prior policy.
Codes, 1942, § 5670.8-110; Laws, 1970, ch. 450, § 10, eff. 7/1/1970.
Amended by Laws, 2024, ch. 452, HB 819,§ 2, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 1 - CANCELLATION OR NONRENEWAL OF POLICY (§§ 83-11-1 — 83-11-21) › Section 83-11-21 - Judicial appeals from commissioner's decisions

The following procedure shall govern in taking and perfecting appeals from the decision of the commissioner:
(a)
Any person who is a party to any hearing before the commissioner, and who is aggrieved by any decision of the commissioner with respect to any hearing before him, shall have the right of appeal to the chancery court of the county of the insured's residence. All such appeals shall be taken and perfected within sixty (60) days from the date of the decision of the commissioner which is the subject of the appeal, and the chancery court to which such appeal is taken may affirm such decision, or reverse and remand the same to the commissioner for further proceedings as justice may require, or dismiss such appeal. All such appeals shall be tried de novo.
(b)
Upon the filing with the commissioner of a petition of appeal to the proper chancery court, it shall be the duty of the commissioner, as promptly as possible and in any event within sixty (60) days after approval of the appeal bond, to file with the clerk of said chancery court to which the appeal is taken a copy of the petition for appeal and of the decision appealed from, and the original and one (1) copy of the transcript of the record of the proceedings and evidence before the commission. After the filing of said petition, the appeal shall be perfected by the filing of a bond in the penal sum of One Hundred Dollars ($100.00) with two (2) sureties, or with a surety company qualified to do business in Mississippi as surety, conditioned to pay the costs of such appeal, said bond to be approved by the commissioner or by the clerk of the chancery court to which such appeal is taken.
(c)
No decision of the commissioner made as a result of a hearing under the provisions of this section shall become final with respect to any party affected and aggrieved by such decision until such party shall have exhausted or shall have had an opportunity to exhaust all of his remedies provided by this section.
Codes, 1942, § 5670.8-111; Laws, 1970, ch. 450, § 11, eff. 7/1/1970.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 3 - UNINSURED MOTORIST COVERAGE (§§ 83-11-101 — 83-11-111) › Section 83-11-102 - Purchase of single-limit, nonstacking uninsured motorist insurance coverage for four or more vehicles in lieu of uninsured motorists coverage for each vehicle

(1)
An insured in an automobile liability policy that covers four (4) or more vehicles may elect to purchase, and an insurer may offer, single-limit, nonstacking uninsured motorist insurance coverage covering all vehicles listed in the policy for a single amount of uninsured motorist coverage. The single uninsured motorist coverage limit must be in an amount of no less than the liability limits required under the Mississippi Motor Vehicle Safety Responsibility Law for four (4) vehicles combined. No matter how many vehicles are listed in or covered by the policy, the policy shall provide only one (1) single limit of uninsured motorist coverage to an injured person, or for property damage, or both, for any one (1) accident. The single limit of uninsured motorist coverage provided by the single-limit, nonstacking uninsured motorist insurance coverage may, where appropriate, be aggregated with or stacked with uninsured motorist insurance coverage available from other policies.
(2)
In the course of the sale or issuance of single-limit, nonstacking uninsured motorist insurance coverage, insurers shall inform the named insured or applicant, on a form approved by the Department of Insurance, of the limitation on stacking imposed and that such coverage is an alternative to coverage without such limitation, and such form shall be signed by or on behalf of the named insured or applicant. If this form is signed by or on behalf of a named insured or applicant, it is binding upon all persons insured by the uninsured motorist coverage and it shall be presumed that there was an informed, knowing acceptance of such limitation. When the named insured or applicant has initially accepted such limitation on stacking, such acceptance shall apply to any policy from the same insurer, including sister insurers in the same holding company, which renews the coverage, extends the coverage or changes covered vehicles unless and until the named insured requests in writing a change to stackable uninsured motorist coverage. Endorsements to the coverage language that do not change the uninsured motorist coverage language shall not be considered a new policy for purposes of determining whether a new acceptance form is necessary.
Laws, 2002, ch. 390, § 1, eff. 7/1/2002.
Amended by Laws, 2013, ch. 507, HB 545, 1, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 3 - UNINSURED MOTORIST COVERAGE (§§ 83-11-101 — 83-11-111) › Section 83-11-103 - Definitions

As used in this article:
(a)
The term "bodily injury" shall include death resulting from such injury.
(b)
The term "insured" shall mean the named insured and, while resident of the same household, the spouse of any such named insured and relatives of either, while in a motor vehicle or otherwise, and any person who uses, with the consent, expressed or implied, of the named insured, the motor vehicle to which the policy applies, and a guest in such motor vehicle to which the policy applies, or the personal representative of any of the above. The definition of the term "insured" given in this section shall apply only to the uninsured motorist portion of the policy.
(c)
The term "uninsured motor vehicle" shall mean:
(i)
A motor vehicle as to which there is no bodily injury liability insurance; or
(ii)
A motor vehicle as to which there is such insurance in existence, but the insurance company writing the same has legally denied coverage thereunder or is unable, because of being insolvent at the time of or becoming insolvent during the twelve (12) months following the accident, to make payment with respect to the legal liability of its insured; or
(iii)
An insured motor vehicle, when the liability insurer of such vehicle has provided limits of bodily injury liability for its insured which are less than the limits applicable to the injured person provided under his uninsured motorist coverage; or
(iv)
A motor vehicle as to which there is no bond or deposit of cash or securities in lieu of such bodily injury and property damage liability insurance or other compliance with the state financial responsibility law, or where there is such bond or deposit of cash or securities, but such bond or deposit is less than the legal liability of the injuring party; or
(v)
A motor vehicle of which the owner or operator is unknown; provided that in order for the insured to recover under the endorsement where the owner or operator of any motor vehicle which causes bodily injury to the insured is unknown, actual physical contact must have occurred between the motor vehicle owned or operated by such unknown person and the person or property of the insured; or
(vi)
A motor vehicle owned or operated by a person protected by immunity under the Mississippi Tort Claims Act, Title 11, Chapter 46, Mississippi Code of 1972, if the insured has exhausted all administrative remedies under that chapter.
No vehicle shall be considered uninsured that is owned by the United States government and against which a claim may be made under the Federal Tort Claims Act, as amended.
Codes, 1942, § 8285-52; Laws, 1966, ch. 524, § 2; Laws, 1979, ch. 429, § 1; Laws, 2009, ch. 451, § 1, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 3 - UNINSURED MOTORIST COVERAGE (§§ 83-11-101 — 83-11-111) › Section 83-11-105 - Action against owner or operator of uninsured vehicle

In the event the owner or operator of the uninsured vehicle causing injury or death is known and action is brought against said owner or operator by the named insured as defined by said policy, then a copy of the process served upon the owner or operator shall also be served by the circuit clerk mailing, registered mail, a copy of the process to the insurance company issuing the policy providing the uninsured motorist coverage as prescribed by law.
If the owner or operator of any motor vehicle which causes bodily injury to the insured be unknown, the insured or someone on his behalf, or in the event of a death claim, someone on behalf of the party having such claim in order for the insured to recover under the endorsement, shall report the accident as required by Section
63-15-9
, Mississippi Code of 1972.
Codes, 1942, § 8285-53; Laws, 1966, ch. 524, § 3, eff. 5/18/1966.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 3 - UNINSURED MOTORIST COVERAGE (§§ 83-11-101 — 83-11-111) › Section 83-11-107 - Subrogation

An insurer paying a claim under the endorsement or provisions required by Section
83-11-101
or Section
83-11-102
shall be subrogated to the rights of the insured to whom such claim was paid against the person causing such injury, death, or damage to the extent that payment was made, including the proceeds recoverable from the assets of the insolvent insurer. The bringing of an action against the unknown owner or operator, or the conclusion of such an action, shall not constitute a bar to the insured if the identity of the owner or operator who caused the injury or damages complained of becomes known, provided that in any action brought against such owner or operator, the insurance company that has previously made payment as a result of the policyholder's claim against such owner or operator shall be mailed a copy of the summons issued for the defendant or defendants, and that any recovery against such owner or operator shall be paid to the insurance company to the extent that such insurance company paid the named insured in the action brought against such owner or operator, except that such insurance company shall pay its proportionate part of any reasonable costs and expense incurred in connection therewith, including reasonable attorney's fees.
Codes, 1942, § 8285-54; Laws, 1966, ch. 524, § 4; Laws, 2002, ch. 390, § 2, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 3 - UNINSURED MOTORIST COVERAGE (§§ 83-11-101 — 83-11-111) › Section 83-11-109 - Arbitration provisions prohibited

No such endorsement or provisions shall contain a provision requiring arbitration of any claim arising under any such endorsement or provisions. The insured shall not be restricted or prevented in any manner from employing legal counsel or instituting or prosecuting to judgment legal proceedings, but the insured may be required to establish legal liability of the uninsured owner or operator.
Codes, 1942, § 8285-55; Laws, 1966, ch. 524, § 5; Laws, 1968, ch. 376, § 1, eff. 3/15/1968.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 11 - AUTOMOBILE INSURANCE (§§ 83-11-1 — 83-11-551) › Article 3 - UNINSURED MOTORIST COVERAGE (§§ 83-11-101 — 83-11-111) › Section 83-11-111 - Excess insurance coverage

Any policy which grants the coverage required for motor vehicle liability insurance may also grant any lawful coverage in excess of, or in addition to, the coverage specified for a motor vehicle liability policy, and the excess or additional coverage shall not be subject to the provisions of this article, except as otherwise provided in this article. With respect to a policy which grants this excess or additional coverage, the term "motor vehicle liability policy" as used herein shall apply only to that part of the coverage which is required by this article.
Any binder issued pending the issuance of a motor vehicle liability policy shall be considered as fulfilling the requirements for such policy.
Codes, 1942, § 8285-56; Laws, 1966, ch. 524, § 6; Laws, 1979, ch. 429, § 3, eff. 1/1/1980.
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 83-11-201 - Citation

This article shall be known and cited as the "Automobile Club Services Law."
Codes, 1942, § 5670.9-01; Laws, 1971, ch. 467, § 1, 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 83-11-203 - Definitions

As used in this article:
(a)
"Automobile club" shall mean any person who, in consideration of dues, assessments, or periodic payments of money, promises its members or subscribers to assist them in matters relating to travel and the operation, use, and maintenance of an automobile in the supply of features or services which may include:
(1)
such services as community traffic safety services, travel and touring service, theft or reward service, map service, towing service, emergency road service, and legal fee reimbursement service in the defense of traffic offenses, none of which enumerated features or services, if provided by the automobile club itself, shall be subject to the insurance laws of this state;
(2)
the purchase of accidental injury and death benefits insurance coverage and the purchase of bail bond coverage, as provided by applicable statutes, by an insurance company authorized to do business in Mississippi; and
(3)
such other features or services not deemed by the commissioner to constitute the business of insurance.
Provided, however, the definition of an automobile club shall not include persons, associations, or corporations whose services are provided predominantly on a reimbursable basis. Such operations shall constitute insurance and be subject to the insurance laws of Mississippi.
(b)
"Commissioner" means the commissioner of insurance of the State of Mississippi.
(c)
"Club agent" is a person, other than the automobile club itself, who acts or aids in any manner in the solicitation, delivery, or negotiation of any service contract, or of the renewal or continuance thereof. This, however, shall not include any person performing only work of a clerical nature in the office of the automobile club.
(d)
"Service contract" means an agreement whereby an automobile club, for a consideration, promises to render, furnish, procure, or reimburse club members specified services.
(e)
"Person" means any individual person, firm, company, corporation, partnership, or association.
(f)
"Insurance service" means the selling or making available individual or group insurance policies or certificates other than service contracts as a result of membership in or affiliation with an automobile club; such policies, if sold or made available, shall be issued only by an insurance company duly authorized to do business in Mississippi.
Codes, 1942, § 5670.9-02; Laws, 1971, ch. 467, § 2, 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 83-11-205 - Additional insurance services

The commissioner may, upon the application of an automobile club, allow such automobile club to provide specific insurance services not enumerated in section
83-11-203(a)(2)
.
Codes, 1942, § 5670.9-03; Laws, 1971, ch. 467, § 3, 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 83-11-207 - Security deposit or bond

No automobile club shall render or agree to render service without first depositing and thereafter continuously maintaining security in one (1) of the following forms with the commissioner:
(a)
The sum of Fifteen Thousand Dollars ($15,000.00) in cash or Fifteen Thousand Dollars ($15,000.00) surety bond by a surety company authorized to do business in Mississippi, or Fifteen Thousand Dollars ($15,000.00) in securities of a type approved by the commissioner and qualified for legal investment by an insurance company authorized to do business in Mississippi.
(b)
If any security deposited with the commissioner shall become impaired and shall not be restored within thirty (30) days after written demand by the commissioner, the commissioner shall revoke the certificate of authority of the automobile club or, in the alternative, the commissioner may require such additional security deposit as in his discretion he shall deem necessary to restore adequate securities for the automobile club deposit.
Codes, 1942, § 5670.9-04; Laws, 1971, ch. 467, § 4, 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 83-11-209 - Purposes and conditions of security

The security required to be filed by this article shall be for the protection, use, and benefit of any club member, shall be subject to the following conditions, and, if a surety bond, shall be so expressly conditioned that:
(a)
The club will faithfully furnish and render to club members any and all of the automobile club services sold or offered for sale by it, and
(b)
The club will pay any fines, fees, or penalties imposed upon it pursuant to the provisions of this article.
Codes, 1942, § 5670.9-05; Laws, 1971, ch. 467, § 5, 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 83-11-211 - Members' rights against surety bond

If a surety bond is filed, any applicant defrauded or injured by any wrongful act, misrepresentation, or failure on the part of the automobile club with respect to the selling or rendering of any of its services may bring suit on such bond in his own name; but the aggregate liability of the surety for all such suits shall, in no event, exceed the sum of such bond.
Codes, 1942, § 5670.9-06; Laws, 1971, ch. 467, § 6, eff. 9/1/1971.