reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › GENERAL PROVISIONS (§§ 83-1-1 — 83-1-51) › Section 83-1-33 - Taxpayer liable for cost of audit

When the insurance commissioner shall elect to audit, examine, or inspect the books, records, papers, invoices, memoranda, or other data of a taxpayer at his principal place of business outside this state, he shall designate, in writing, his agent or agents, employee or employees, to make the audit, examination, or inspection at the principal place of business of the taxpayer, and shall state the kind of tax for which the audit, examination, or inspection is thereby made.
In regard to inspection made by the commissioner of insurance the cost thereof, to include only the actual expenses involved to be determined after audit, examination, or inspection has been made, shall be paid by the taxpayer. The commissioner shall first approve the account or cost of such examination and determine to his satisfaction that it is reasonable, and that there are charged only the direct expenses involved in making the audit, examination, or inspection. He shall then pay, from the support funds authorized by the legislative act to be used by him in the administration of the duties of his office, to the agent or agents, employee or employees who made the audit, examination, or inspection, his, or their, itemized expense accounts. Then a detailed itemized statement of the expenses or cost of such audit, examination, or inspection shall be rendered the taxpayer. If such is done, the taxpayer shall be directed to pay the cost thereby set out as a refund into the treasury of the State of Mississippi to the credit of the support fund account of the officer who made the audit, examination, or inspection; and the treasurer's receipt shall be mailed to the taxpayer.
The charge for or cost of any audit, examination, or inspection of the books, records, papers, invoices, memoranda, or other data made by the commissioner of insurance at the principal place of business outside this state of any taxpayer, and made under the provisions of any of the tax laws shall become a liability of the taxpayer to the State of Mississippi, collectible in the same manner as is the tax imposed by the tax law under which the audit, examination, or inspection has been made.
Codes, 1942, § 9219; Laws, 1942, ch. 126; Laws, 1958, ch. 553; reenacted without change, Laws, 1982, ch. 366, § 15; reenacted without change, Laws, 1990, ch. 559, § 18; reenacted without change, Laws, 1996, ch. 313, § 17, eff. 6/30/1996.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › GENERAL PROVISIONS (§§ 83-1-1 — 83-1-51) › Section 83-1-35 - Reward in case of willful destruction by fire or explosion of real or personal property within state

The Commissioner of Insurance is hereby authorized, in his discretion, to offer a reward not to exceed Five Thousand Dollars ($5,000.00) for information leading to the apprehension, indictment and conviction of any person, persons or organization of persons responsible for the willful destruction by fire or explosion of any real or personal property located within this state.
The Commissioner of Insurance is further directed to have suitable reward notices printed and posted in conspicuous places, and to utilize such other news media or informational materials as necessary to encourage those with information to come forward.
The reward monies paid, if any, as well as the cost of printing and distribution of reward notices and other news media or informational materials, shall be paid from premium taxes under Sections
27-15-103
and
27-15-109
. However, the Commissioner of Insurance shall keep a separate account of all monies disbursed under the provisions of this section and shall include the same in his annual report.
Codes, 1942, § 5630.5; Laws, 1958, ch. 447, §§ 1-3; Laws, 1979, ch. 316; Laws, 1982, ch. 351, § 14; reenacted, Laws, 1982, ch. 366, § 16; reenacted, Laws, 1990, ch. 559, § 19; reenacted without change, Laws, 1996, ch. 313, § 18, eff. 6/30/1996.
Amended by Laws, 2013, ch. 324, SB 2675, 1, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › GENERAL PROVISIONS (§§ 83-1-1 — 83-1-51) › Section 83-1-41 - [Repealed]

Repealed by Laws, 1990, ch 559, § 22, eff. 7/1/1990.
Laws, 1979, ch 301, §§ 44, 45; Am Laws, 1979, ch. 357, § 21; Laws, 1982, ch. 366, § 19.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › GENERAL PROVISIONS (§§ 83-1-1 — 83-1-51) › Section 83-1-43 - Authority of commissioner to enforce federal "Health Insurance Portability and Accountability Act of 1996."

The Commissioner of Insurance may make use of any of the powers established under the insurance laws and regulations of this state to enforce the federal "Health Insurance Portability and Accountability Act of 1996." The commissioner may establish and, from time to time, amend the rules and regulations relating to the enforcement of and compliance with the "Health Insurance Portability and Accountability Act of 1996."
Laws, 1997, ch. 341, § 3, eff. 3/17/1997.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › GENERAL PROVISIONS (§§ 83-1-1 — 83-1-51) › Section 83-1-45 - Commissioner of Insurance to adopt rules and regulations governing disclosure of nonpublic personal information by insurance licensees

The Commissioner of Insurance may adopt any rules and regulations necessary to implement the provisions of the Gramm-Leach-Bliley Act of 1999 (Public Law 106-102), including, but not limited to, rules and regulations governing the disclosure by insurance licensees of nonpublic personal information.
Laws, 2001, ch. 306, § 1, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › GENERAL PROVISIONS (§§ 83-1-1 — 83-1-51) › Section 83-1-47 - Commissioner of Insurance authorized to establish nonbinding, nonadversarial alternative dispute resolution procedure for personal lines insurance claims

The Commissioner of Insurance may make use of any of the powers established under the insurance laws and regulations of this state to establish a nonbinding, nonadversarial alternative dispute resolution procedure for the effective, fair and timely handling of personal lines insurance claims. The commissioner may establish and, from time to time, amend the rules and regulations relating to the establishment and enforcement of this section.
Laws, 2006, ch. 316, § 1, eff. 3/1/2006.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › GENERAL PROVISIONS (§§ 83-1-1 — 83-1-51) › Section 83-1-49 - Power of commissioner to enjoin unlicensed activity

(1)
The Commissioner of Insurance shall have the power to examine and investigate into the affairs of every person, company, corporation or association engaged in the business of insurance in this state in order to determine whether such person, company, corporation or association has been or is engaged in any insurance activity without having first obtained a license as required by law.
(2)
Whenever the commissioner shall have reason to believe, from evidence satisfactory to him, that any such person, company, corporation or association has engaged or is engaging in any unlicensed insurance activity in this state, the commissioner may issue a cease and desist order with or without notice and a prior hearing against the person, company, corporation or association engaged in the prohibited unlicensed activities, directing them to cease and desist from further unlicensed activities. If a cease and desist order is issued without notice and a hearing, the order shall specify that the respondent may request a hearing for reconsideration within twenty (20) days of the date of the order.
(3)
Should any person, company, corporation or association fail or refuse to comply with the cease and desist order issued by the commissioner pursuant to subsection (2) of this section, such violation shall be a misdemeanor and, upon conviction, shall be punishable by a fine of not more than Five Thousand Dollars ($5,000.00) per violation.
Added by Laws, 2015, ch. 422, § 1, eff. 3/29/2015.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › GENERAL PROVISIONS (§§ 83-1-1 — 83-1-51) › Section 83-1-51 - Power of commissioner to enjoin unauthorized activity in violation of any insurance law

(1)
The Commissioner of Insurance shall have the power to examine and investigate into the affairs of every person, company, corporation or association who holds a license to conduct the business of insurance in this state in order to determine whether such person, company, corporation or association has been or is engaged in any improper or unauthorized activity in violation of any insurance law.
(2)
Whenever the commissioner shall have reason to believe, from evidence satisfactory to him, that any such person, company, corporation or association has engaged or is engaging in any improper or unauthorized activity in violation of any insurance law, the commissioner may issue a cease and desist order with or without notice and a prior hearing against the person, company, corporation or association engaged in the prohibited activities, directing them to cease and desist from further activities. If a cease and desist order is issued without notice and a hearing, the order shall specify that the respondent may request a hearing for reconsideration within twenty (20) days of the date of the order.
(3)
Should any person, company, corporation or association fail or refuse to comply with the cease and desist order issued by the commissioner pursuant to subsection (2) of this section, such violation shall be a misdemeanor and, upon conviction, shall be punishable by a fine of not more than Five Thousand Dollars ($5,000.00) per violation.
Added by Laws, 2016, ch. 305, SB 2192, 1, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › JURISDICTION OVER HEALTH CARE PROVIDERS (§§ 83-1-101 — 83-1-111) › Section 83-1-101 - Jurisdiction of Insurance Department; exception

Notwithstanding any other provision of law to the contrary, and except as provided herein, any person or other entity which provides coverage in this state for medical, surgical, chiropractic, physical therapy, speech pathology, audiology, professional mental health, dental, hospital, or optometric expenses, whether such coverage is by direct payment, reimbursement or otherwise, and all private review agents covered by Sections
41-83-1
through
41-83-31
, shall be presumed to be subject to the jurisdiction of the State Insurance Department, unless (a) the person or other entity shows that while providing such services it is subject to the jurisdiction of another agency of this state, any subdivisions thereof, or the federal government; or (b) the person or other entity is providing coverage under the Direct Primary Care Act in Sections
83-81-1
through
83-81-11
; or (c) the entity that is providing coverage is a nonprofit agricultural membership organization acting in accordance with Section
83-1-111
Laws, 1989, ch. 351, § 1, eff. 7/1/1989.
Amended by Laws, 2024, ch. 338, SB 2851,§ 2, eff. 7/1/2024.
Amended by Laws, 2024, ch. 302, SB 2140,§ 25, eff. 7/1/2024.
Amended by Laws, 2015, ch. 369, SB 2687, 7, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › JURISDICTION OVER HEALTH CARE PROVIDERS (§§ 83-1-101 — 83-1-111) › Section 83-1-103 - Proof to show jurisdiction of other body

A person or entity may show that it is subject to the jurisdiction of another agency of this state, any subdivision thereof, or the federal government, by providing to the Insurance Commissioner the appropriate certificate, license or other document issued by the other governmental agency which permits or qualifies it to provide those services.
Laws, 1989, ch. 351, § 2, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › JURISDICTION OVER HEALTH CARE PROVIDERS (§§ 83-1-101 — 83-1-111) › Section 83-1-105 - Examination to determine solvency and organization of person or entity furnishing services

Any person or entity which is unable to show under Section
83-1-103
that it is subject to the jurisdiction of another agency of this state, any subdivision thereof, or the federal government, shall submit to an examination by the Insurance Commissioner to determine the organization and solvency of the person or the entity, and to determine whether or not such person or entity complies with the applicable provisions of Sections
83-1-101
through
83-1-109
and all laws of this state.
Laws, 1989, ch. 351, § 3, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › JURISDICTION OVER HEALTH CARE PROVIDERS (§§ 83-1-101 — 83-1-111) › Section 83-1-107 - Application of provisions

Any person or entity unable to show that it is subject to the jurisdiction of another agency of this state, any subdivision thereof, or the federal government, shall be subject to all appropriate provisions of Section
83-1-101
and all laws of this state regarding the conduct of its business.
Laws, 1989, ch. 351, § 4, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › JURISDICTION OVER HEALTH CARE PROVIDERS (§§ 83-1-101 — 83-1-111) › Section 83-1-109 - Disclosure of insurance provisions

Any production agency or administrator which advertises, sells, transacts, or administers the coverage in this state described in Section
83-1-101
and which is required to submit to an examination by the Insurance Commissioner under Section
83-1-105
shall, if said coverage is not fully insured or otherwise fully covered by an admitted life or disability insurer, nonprofit hospital service plan, or nonprofit health care plan, advise every purchaser, prospective purchaser and covered person of such lack of insurance or other coverage.
Any administrator which advertises or administers the coverage in this state described in Section
83-1-101
and which is required to submit to an examination by the Insurance Commissioner under Section
83-1-105
, shall advise any production agency of the elements of the coverage, including the amount of "stop-loss" insurance in effect.
Laws, 1989, ch. 351, § 5, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › ADMINISTRATIVE SUPERVISION OF INSURERS BY COMMISSIONER OF INSURANCE (§§ 83-1-151 — 83-1-169) › Section 83-1-151 - Definitions

As used in Sections
83-1-151
through
83-1-169
, the following items shall have the meanings ascribed herein unless the context indicates otherwise:
(a)
"Insurer" means and includes every person engaged as indemnitor, surety or contractor in the business of entering into contracts of insurance or of annuities as limited to:
(i)
Any insurer who is doing an insurer business, or has transacted insurance in this state, and against whom claims arising from that transaction may exist now or in the future.
(ii)
Any fraternal benefit society or larger fraternal benefit society or larger fraternal benefit society which is subject to the provisions of Section
83-29-1
et seq. or Section
83-30-1
et seq.
(iii)
All corporate bodies organized for the purpose of carrying on the business of mutual insurance subject to the provisions of Section
83-31-1
et seq.
(iv)
All health maintenance organizations established under Section
41-7-401
.
(b)
"Exceeded its powers" means the following conditions:
(i)
The insurer has refused to permit examination of its books, papers, accounts, records or affairs by the commissioner, his deputies, employees or duly commissioned examiners;
(ii)
A domestic insurer has unlawfully removed from this state books, papers, accounts or records necessary for an examination of the insurer;
(iii)
The insurer has failed to promptly comply with the applicable financial reporting statutes or rules and departmental requests relating thereto;
(iv)
The insurer has neglected or refused to comply with an order of the commissioner to make good, within the time prescribed by law, any prohibited deficiency in its capital, capital stock or surplus;
(v)
The insurer is continuing to transact insurance or write business after its license has been revoked or suspended by the commissioner;
(vi)
The insurer, by contract or otherwise, has unlawfully or has in violation of an order of the commissioner or has without first having obtained written approval of the commissioner if approval is required by law:
(A)
Totally reinsured its entire outstanding business, or
(B)
Merged or consolidated substantially its entire property or business with another insurer;
(vii)
The insurer engaged in any transaction in which it is not authorized to engage under the laws of this state;
(viii)
The insurer refused to comply with a lawful order of the commissioner.
(c)
"Consent" means agreement to administrative supervision by the insurer.
(d)
"Commissioner" means the Commissioner of Insurance.
(e)
"Department" means the Department of Insurance.
Laws, 1991, ch. 377, § 1; Laws, 1994, ch. 422, § 1; Laws, 1997, ch. 307, § 3; Laws, 2004, ch. 343, § 1, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › ADMINISTRATIVE SUPERVISION OF INSURERS BY COMMISSIONER OF INSURANCE (§§ 83-1-151 — 83-1-169) › Section 83-1-153 - Application of provisions

The provisions of Sections
83-1-151
through
83-1-169
shall apply to:
(a)
All domestic insurers, and
(b)
Any other insurer doing business in this state whose state of domicile has asked the commissioner to apply the provisions of Sections
83-1-151
through
83-1-169
to such insurer.
Laws, 1991, ch. 377, § 2, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › ADMINISTRATIVE SUPERVISION OF INSURERS BY COMMISSIONER OF INSURANCE (§§ 83-1-151 — 83-1-169) › Section 83-1-155 - Basis for administrative supervision; notice; appeals; hearings; release from supervision

(1)
An insurer may be subject to administrative supervision by the commissioner if upon examination or at any other time it appears in the commissioner's discretion that:
(a)
The insurer's condition renders the continuance of its business hazardous to the public or to its insureds;
(b)
The insurer has exceeded its powers granted under its certificate of authority and applicable law;
(c)
The insurer has failed to comply with the applicable provisions of the insurance code;
(d)
The business of the insurer is being conducted fraudulently; or
(e)
The insurer gives its consent.
(2)
If the commissioner determines that the conditions set forth in subsection (1) of this section exist, the commissioner shall:
(a)
Notify the insurer of such determination;
(b)
Furnish to the insurer a written list of the requirements to abate this determination; and
(c)
Notify the insurer that it is under the supervision of the commissioner and that the commissioner is applying and effectuating the provisions of Sections
83-1-151
through
83-1-169
. Such action by the commissioner may be appealed to the Chancery Court of the First Judicial District of Hinds County.
(3)
If placed under administrative supervision, the insurer shall have sixty (60) days, or another period of time as designated by the commissioner, to comply with the requirements of the commissioner subject to the provisions of Sections
83-1-151
through
83-1-169
.
(4)
If it is determined after notice and hearing that the conditions giving rise to the supervision still exist at the end of the supervision period specified above, the commissioner may extend such period.
(5)
If it is determined that none of the conditions giving rise to the supervision exist, the commissioner shall release the insurer from supervision.
Laws, 1991, ch. 377, § 3, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › ADMINISTRATIVE SUPERVISION OF INSURERS BY COMMISSIONER OF INSURANCE (§§ 83-1-151 — 83-1-169) › Section 83-1-157 - Confidentiality of records, etc.; exceptions

(1)
The proceedings, hearings, notices, correspondence, reports, records and other information in the possession of the commissioner or the department relating to the supervision of any insurer are confidential except as provided by this section.
(2)
The personnel of the department shall have access to these proceedings, hearings, notices, correspondence, reports, records or information as permitted by the commissioner.
(3)
The commissioner may open the proceedings or hearings or disclose the notices, correspondence, reports, records or information to a department, agency or instrumentality of this or another state or the United States if the commissioner determines that the disclosure is necessary or proper for the enforcement of the laws of this or another state of the United States.
(4)
The commissioner may open the proceedings or hearings or make public the notices, correspondence, reports, records or other information if the commissioner deems that it is in the best interest of the public or in the best interest of the insurer, its insureds, creditors or the general public.
(5)
This section does not apply to hearings, notices, correspondence, reports, records or other information obtained upon the appointment of a receiver for the insurer by a court of competent jurisdiction.
Laws, 1991, ch. 377, § 4, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › ADMINISTRATIVE SUPERVISION OF INSURERS BY COMMISSIONER OF INSURANCE (§§ 83-1-151 — 83-1-169) › Section 83-1-159 - Administrative supervisor; prohibited activities of insurer

During the period of supervision, the commissioner or his designated appointee shall serve as the administrative supervisor. The commissioner may provide that the insurer may not do any of the following things during the period of supervision, without the prior approval of the commissioner or his appointed supervisor:
(a)
Dispose of, convey or encumber any of its assets or its business in force;
(b)
Withdraw any of its bank accounts;
(c)
Lend any of its funds;
(d)
Invest any of its funds;
(e)
Transfer any of its property;
(f)
Incur any debt, obligation or liability;
(g)
Merge or consolidate with another company;
(h)
Approve new premiums or renew any policies;
(i)
Enter into any new reinsurance contract or treaty;
(j)
Terminate, surrender, forfeit, convert or lapse any insurance policy, certificate or contract, except for nonpayment of premiums due;
(k)
Release, pay or refund premium deposits, accrued cash or loan values, unearned premiums, or other reserves on any insurance policy, certificate or contract;
(l)
Make any material change in management; or
(m)
Increase salaries and benefits of officers or directors or the preferential payment of bonuses, dividends or other payments deemed preferential.
Laws, 1991, ch. 377, § 5, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › ADMINISTRATIVE SUPERVISION OF INSURERS BY COMMISSIONER OF INSURANCE (§§ 83-1-151 — 83-1-169) › Section 83-1-161 - Right of insurer to contest action taken or proposed to be taken by supervisor; appeals

During the period of supervision the insurer may contest an action taken or proposed to be taken by the supervisor specifying the manner wherein the action being complained of would not result in improving the condition of the insurer. Denial of the insurer's request upon reconsideration entitles the insurer to appeal to the Chancery Court of the First Judicial District of Hinds County.
Laws, 1991, ch. 377, § 6, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › ADMINISTRATIVE SUPERVISION OF INSURERS BY COMMISSIONER OF INSURANCE (§§ 83-1-151 — 83-1-169) › Section 83-1-163 - Right of commissioner to initiate judicial proceedings, liquidation proceedings, or other delinquency proceedings

Nothing contained in Sections
83-1-151
through
83-1-169
shall preclude the commissioner from initiating judicial proceedings to place an insurer in conservation, rehabilitation or liquidation proceedings or other delinquency proceedings, however designated under the laws of this state, regardless of whether the commissioner has previously initiated administrative supervision proceedings under Sections
83-1-151
through
83-1-169
against the insurer.
Laws, 1991, ch. 377, § 7, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › ADMINISTRATIVE SUPERVISION OF INSURERS BY COMMISSIONER OF INSURANCE (§§ 83-1-151 — 83-1-169) › Section 83-1-165 - Adoption of rules by commissioner

The commissioner is empowered to adopt reasonable rules necessary for the implementation of Sections
83-1-151
through
83-1-169
.
Laws, 1991, ch. 377, § 8, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › ADMINISTRATIVE SUPERVISION OF INSURERS BY COMMISSIONER OF INSURANCE (§§ 83-1-151 — 83-1-169) › Section 83-1-167 - Right of commissioner to meet with supervisor, or his representative, without presence of any other person

The commissioner may meet with a supervisor appointed under Sections
83-1-151
through
83-1-169
and with the attorney or other representative of the supervisor, without the presence of any other person, at the time of any proceeding or during the pendency of any proceeding held under authority of Sections
83-1-151
through
83-1-169
to carry out the commissioner's duties under Sections
83-1-151
through
83-1-169
or for the supervisor to carry out his duties under Sections
83-1-151
through
83-1-169
.
Laws, 1991, ch. 377, § 9, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 1 - DEPARTMENT OF INSURANCE (§§ 83-1-1 — 83-1-201) › ADMINISTRATIVE SUPERVISION OF INSURERS BY COMMISSIONER OF INSURANCE (§§ 83-1-151 — 83-1-169) › Section 83-1-169 - Immunity from liability

There shall be no liability on the part of, and no cause of action of any nature shall arise against, the commissioner or the department or its employees or agents for any action taken by them in the performance of their powers and duties under Sections
83-1-151
through
83-1-169
.
Laws, 1991, ch. 377, § 10, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 2 - COMPETITIVE RATING FOR PROPERTY AND CASUALTY INSURANCE (§§ 83-2-1 — 83-2-35) › Section 83-2-1 - Applicability of chapter and types of insurance excepted; definitions

(1)
This chapter applies to all forms of property and casualty insurance on risks or operations in this state by any insurer authorized to do business in this state, except:
(a)
Accident and health;
(b)
Ocean marine insurance;
(c)
Reinsurance;
(d)
Aircraft liability and aircraft hull insurance;
(e)
Title insurance;
(f)
Credit accident and health insurance.
(2)
As used in this chapter:
(a)
"Advisory organization" means any person or organization, other than a rate service organization, which assists insurers as authorized by §
83-2-9(3)
.
(b)
"Joint underwriting" means a voluntary arrangement established on an ad hoc basis to provide insurance coverage for a risk pursuant to which two (2) or more insurers separately contract with the insured at a price and under policy terms agreed upon between the insurers.
(c)
"Pool" means a voluntary arrangement other than a residual market mechanism, established on an ongoing basis, pursuant to which two (2) or more insurers participate in the sharing of risks on a predetermined basis. The pool may operate through an association, syndicate or other pooling agreement.
(d)
"Rate service organization" means any person or organization which assists insurers in ratemaking or filing as authorized by §
83-2-9
.
(e)
The terms "rate service organization" and "advisory organization" do not include joint underwriting organizations, actuarial, legal or other consultants, a single insurer, any employees of an insurer, or insurers under common control or management or their employees or managers.
(f)
"Residual market mechanism" means an arrangement, either voluntary or mandated by law, involving participation by insurers in the equitable apportionment among them of insurance which may be afforded applicants who are unable to obtain insurance through ordinary methods.
(g)
"Supplementary rate information" includes any manual or plan of rates, classification, rating schedule, minimum premium, policy fee, rating rule, and any other similar information needed to determine the applicable rate in effect or to be in effect.
(h)
"Supporting information" means
(i)
the experience and judgment of the filer and the experience or data of other insurers or organizations relied upon by the filer,
(ii)
the interpretation of any statistical data relied upon by the filer,
(iii)
a description of methods used in making the rates, and
(iv)
other similar information relied upon by the filer.
Laws, 1987, ch. 422, § 2, eff. 1/1/1988.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 2 - COMPETITIVE RATING FOR PROPERTY AND CASUALTY INSURANCE (§§ 83-2-1 — 83-2-35) › Section 83-2-5 - Filing of rates and related information by residual market mechanisms

Residual market mechanisms shall file with the commissioner all rates, supplementary rate information, supporting information, policy forms, and endorsements at least thirty (30) days before the proposed effective date. The commissioner may give written notice within thirty (30) days of the receipt of the filing that additional time, not to exceed thirty (30) days from the date of such notice, is necessary to consider the filing. Upon written application by the residual market mechanism, the commissioner may authorize rates to be effective before the expiration of the waiting period or an extension thereof. A filing is deemed to meet the requirements of this chapter and becomes effective unless disapproved by the commissioner before the expiration of the waiting period or an extension thereof. Whenever a filing made under this section is not accompanied by sufficient supporting information, the commissioner shall inform the filing entity as to what information is required to complete the filing. The filing shall not be deemed to be made until such information is furnished.
Laws, 1987, ch. 422, § 4, eff. 1/1/1988.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 2 - COMPETITIVE RATING FOR PROPERTY AND CASUALTY INSURANCE (§§ 83-2-1 — 83-2-35) › Section 83-2-9 - Public inspection of filed rates and related information; rates exceeding those filed; filing by rate service organization; filing by reference

(1)
All rates, supplementary rate information, policy forms, endorsements and any supporting information filed under this chapter shall be open to public inspection at any reasonable time as soon as filed. Copies may be obtained by any person on request and upon payment of a reasonable charge.
(2)
A rate in excess of that provided by a filing otherwise applicable may be used on a specific risk upon written application of an insured, stating specific reasons why a risk requires higher than standard rates on file by an insurer notwithstanding any other provisions of this chapter. An endorsement shall be attached to the policy giving such reasons and the percentage of surcharge. A copy of the endorsement shall be kept by the insurer and its agent. Copies of such endorsements shall be furnished to the commissioner upon request for his review to determine that the rates are not excessive, inadequate or unfairly discriminatory.
(3)
Rate service organization filings:
(a)
The filings required by Section
83-2-5
and Section
83-2-7
may be made by a rate service organization designated by an insurer or residual market mechanism.
(b)
An insurer may make a filing in compliance with Section
83-2-7
by giving written notice to the commissioner that the insurer is following rates filed by a rate service organization in any particular line with any exceptions clearly set forth as necessary to fully inform the commissioner.
(4)
An insurer may file by reference to rates, supplementary rate information, supporting information, policy forms and endorsements filed by and effective for another insurer or a rate service organization.
Laws, 1987, ch. 422, § 6, eff. 1/1/1988.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 2 - COMPETITIVE RATING FOR PROPERTY AND CASUALTY INSURANCE (§§ 83-2-1 — 83-2-35) › Section 83-2-11 - Disapproval of rates by commissioner and related procedure; interim rates in absence of legally effective rates

(1)
The commissioner shall disapprove a rate or policy form or endorsement if the commissioner finds that the rate is unjustified, or the policy form or endorsement:
(a)
Is in any respect in violation of or does not comply with this code; or
(b)
Contains or incorporates by reference any inconsistent, ambiguous or misleading clauses or exceptions and conditions which unreasonably or deceptively affect the risk purported to be assumed in the general coverage of the contract.
(2)
Disapproval procedure:
(a)
Upon disapproval of a filing, the commissioner shall issue an order specifying the manner in which the filing fails to meet the requirements of this chapter. The filer shall be given a hearing upon written request made within thirty (30) days after the disapproval order.
(b)
If the commissioner disapproves a rate, policy form or endorsement currently in effect, the commissioner shall issue such an order only after a hearing held on not less than twenty (20) days written notice to the filing insurer or rating organization. The insurer or rating organization may waive the hearing. An order shall be issued within fifteen (15) days after the close of the hearing or within thirty (30) days after the filing of a waiver of hearing and shall specify in what respects the rates policy form or endorsement fail to meet the requirements of this chapter. The order shall also state when the further use of such policy form or endorsement or rate in contracts of insurance made thereafter shall be prohibited which shall be within a reasonable period of time, but not less than forty-five (45) days. The order may include a provision for premium adjustment for policies issued, renewed or nonrenewed after the effective date of such order.
(3)
Whenever an insurer has no legally effective rates as a result of the commissioner's disapproval of rates or other act, the commissioner on request of the insurer shall specify interim rates for the insurer that are sufficient to protect the interests of all parties and the commissioner may order that a specified portion of the premiums be placed in an escrow account approved by the commissioner. When new rates become legally effective, the commissioner shall order the escrowed funds or any overcharge in the interim rates to be distributed appropriately, except that refunds to policyholders that are de minimis shall not be required.
Laws, 1987, ch. 422, § 7, eff. 1/1/1988.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 2 - COMPETITIVE RATING FOR PROPERTY AND CASUALTY INSURANCE (§§ 83-2-1 — 83-2-35) › Section 83-2-13 - Furnishing rate information to insureds; hearing of complaints as to application of rating system; appeals

(1)
Every insurer or rate service organization shall furnish to any insured affected by a rate published by it all pertinent information as to such rate within a reasonable time after receipt of a written request and upon payment of a reasonable charge.
(2)
Every insurer and rate service organization shall provide reasonable means whereby any person aggrieved by the application of its rating system may be heard within this state on written request to review the manner in which such rating system is applied in relation to the insurance afforded. If the insurer fails to grant or reject such request within thirty (30) days, the applicant may proceed in the same manner as if the application has been rejected. A party affected by the action of an insurer with respect to a request under this subsection may appeal to the commissioner within thirty (30) days after receipt of notice of such action. The commissioner, after a hearing held upon not less than ten (10) days written notice to the appellant and insurer, may affirm, modify or reverse such action.
Laws, 1987, ch. 422, § 8, eff. 1/1/1988.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 2 - COMPETITIVE RATING FOR PROPERTY AND CASUALTY INSURANCE (§§ 83-2-1 — 83-2-35) › Section 83-2-15 - Rating bureau as exclusive provider of services relating to rates; licensing of and services provided by rate service organization

(1)
No rate service organization other than the Rating Bureau established pursuant to Section
83-3-5
shall provide any service relating to the rates of any insurance subject to this chapter, and no insurer shall utilize the services of such organization for such purposes unless the organization has obtained a license.
(2)
A rate service organization may perform the following services upon request of the Commissioner of Insurance:
(a)
Collect, compile and furnish loss or expense statistics;
(b)
Recommend rates or supplementary rate information;
(c)
Advise about rate questions and provide supporting information for rates;
(d)
Make inspections, surveys and audits;
(e)
Conduct research and on-site inspections in order to prepare classifications of public fire defenses;
(f)
Prepare and file policy forms and endorsements and consult with members, subscribers and others relating to their use;
(g)
Provide actuarial, statistical and administrative services to insurers and insurer-supported organizations;
(h)
Conduct and report on the content of research projects; and
(i)
Furnish any other services related to those enumerated in this subsection.
(3)
A rate service organization or an advisory organization shall not refuse to supply any services for which it is licensed in this state to any insurer authorized to do business in this state and offering to pay the fair and usual compensation for the services. A rate service organization shall not require the purchase of any specific services as a condition to obtaining the services sought, provided the furnishing of the requested services does not place an unreasonable burden on the rate service organization.
(4)
A rate service organization applying for a license shall include with its application:
(a)
A copy of its constitution, articles of association or incorporation, bylaws and any other rules or regulations governing the conduct of its business;
(b)
A list of its members and subscribers;
(c)
A service and acknowledgement of service of process as provided for insurance companies under Section
83-21-39
; and
(d)
A statement showing its technical qualifications.
(5)
Upon a finding by the commissioner that the applicant is qualified, the commissioner shall issue a license specifying the kinds of insurance or subdivisions thereof for which the applicant is authorized to act as a rate service organization. Each application under this subsection shall be granted or denied in whole or in part by the commissioner within sixty (60) days after the date of its filing. Licenses issued pursuant to this section shall remain in effect until suspended or revoked by the commissioner. The fee for said license shall be Twenty-five Dollars ($25.00).
Laws, 1987, ch. 422, § 9, eff. 1/1/1988.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 2 - COMPETITIVE RATING FOR PROPERTY AND CASUALTY INSURANCE (§§ 83-2-1 — 83-2-35) › Section 83-2-17 - Advisory organizations; registration; unfair practices

(1)
An advisory organization shall not provide any service relating to the rates of any insurer subject to this chapter, and an insurer shall not utilize the services of an advisory organization for such purposes, unless the advisory organization has registered under subsection (3).
(2)
A registered advisory organization may perform one or more of the authorized activities enumerated in Section
83-2-15
but such advisory organization shall not make any filings on behalf of insurers.
(3)
An advisory organization shall submit at the time of registration:
(a)
A copy of its constitution, articles of association or incorporation, bylaws and any other rules or regulations governing the conduct of its business;
(b)
A list of its members and subscribers;
(c)
A service and acknowledgement of service of process as provided for insurance companies under Section
83-21-39
; and
(d)
An agreement that the commissioner may examine each advisory organization in accordance with the provisions of Section
83-2-25
.
(4)
If after a hearing the commissioner finds that any activity or practice of any advisory organization is unfair, unreasonable or otherwise inconsistent with the provisions of this chapter, the commissioner shall specify the finding in an order requiring the discontinuance of such activity or practice.
Laws, 1987, ch. 422, § 10, eff. 1/1/1988.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 2 - COMPETITIVE RATING FOR PROPERTY AND CASUALTY INSURANCE (§§ 83-2-1 — 83-2-35) › Section 83-2-19 - [Repealed]

Repealed by Laws, 2000, ch. 314, § 1, eff. 4/3/2000.
Laws, 1987, ch. 422, § 11, eff. 1/1/1988.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 2 - COMPETITIVE RATING FOR PROPERTY AND CASUALTY INSURANCE (§§ 83-2-1 — 83-2-35) › Section 83-2-21 - Prohibition of insurer agreements as to adherence to or use of rates and related information; exception for insurers under common ownership or management

An insurer may not agree with any other insurer to adhere to or use any rate or supplementary rate information. The fact that an insurer adheres to or uses such material is not sufficient in itself to support a finding that an agreement to adhere or use exists, but such fact may supplement other evidence of such agreement. Two (2) or more insurers having common ownership or operating in this state under common management or control may act in concert between or among themselves in the same manner as if they constitute a single insurer.
Laws, 1987, ch. 422, § 12, eff. 1/1/1988.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 2 - COMPETITIVE RATING FOR PROPERTY AND CASUALTY INSURANCE (§§ 83-2-1 — 83-2-35) › Section 83-2-23 - Cooperation among insurers participating in joint underwriting, pools, residual market mechanisms; registration with and review by commissioner; unfair practices

(1)
Notwithstanding Section
83-2-21
, insurers participating in joint underwriting, pools or residual market mechanisms may act in cooperation with each other in the making of rates, supplementary rate information, policy forms, underwriting rules, surveys, inspections and investigations, the furnishing of loss or expense statistics or other such information and in the conduct of research in connection with such activity.
(2)
(a)
Except to the extent modified by this section, insurers participating in joint underwriting, pool or residual market mechanisms are subject to the other provisions of this chapter.
(b)
Every pool shall file with the commissioner a copy of its constitution, articles of association or incorporation, bylaws and any other rules or regulations governing its activities, a list of its members, the name and address of a resident of this state upon whom notices or orders of the commissioner or process may be served, and any changes in the foregoing.
(c)
Any residual market mechanism, plan or agreement to implement such a mechanism, and any amendments thereto, shall be submitted in writing to the commissioner for approval, together with such information as the commissioner may reasonably require.
(d)
If, after a hearing, the commissioner finds that any activity or practice of insurers participating in joint underwriting, pool or residual market mechanisms is unfair, unreasonable or otherwise inconsistent with the provisions of this chapter, the commissioner shall issue a written order specifying in what respects such activity or practice is unfair, unreasonable or otherwise inconsistent with the provisions of this chapter and require the discontinuance of such activity or practice.
Laws, 1987, ch. 422, § 13, eff. 1/1/1988.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 2 - COMPETITIVE RATING FOR PROPERTY AND CASUALTY INSURANCE (§§ 83-2-1 — 83-2-35) › Section 83-2-25 - Compliance review; related reports and records

(1)
The commissioner may examine any insurer, advisory organization, rate service organization, pool or residual market mechanism to ascertain compliance with this chapter.
(2)
Every insurer, advisory organization, rate service organization, pool and residual market mechanism shall maintain records of the type and kind reasonably adapted to its method of operation. Such records shall contain the experience, data, statistics and other information collected or used by it in its activities. These records shall be available for examination or inspection by the commissioner at any time upon reasonable notice.
(3)
The cost of an examination made pursuant to this section shall be paid by the examined party in the same manner as provided by Section
83-1-27
.
(4)
The commissioner may accept the report of an examination made by the insurance supervisory official of another state in lieu of an examination under this section.
Laws, 1987, ch. 422, § 14, eff. 1/1/1988.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 2 - COMPETITIVE RATING FOR PROPERTY AND CASUALTY INSURANCE (§§ 83-2-1 — 83-2-35) › Section 83-2-27 - Payment of dividends, savings or unabsorbed premium deposits to insureds

Nothing in this chapter shall be construed to prohibit or regulate the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers. A plan for the payment of dividends, savings or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members or subscribers shall not be deemed a rating plan.
Laws, 1987, ch. 422, § 15, eff. 1/1/1988.