reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 9 - LICENSING OF INSURANCE ADJUSTERS (§§ 83-17-401 — 83-17-425) › Section 83-17-409 - Emergency licenses; conditions for issuing; fee

In the event of a catastrophe or emergency which arises out of a disaster, act of God, riot, civil commotion, conflagration or other similar occurrence, the commissioner, upon application, shall issue an emergency license to persons who are residents or nonresidents of this state and who may or may not be otherwise licensed adjusters. Such emergency license shall remain in force for a period not to exceed ninety (90) days, unless extended for an additional period of ninety (90) days by the commissioner. The applicant must be certified by (a) a person licensed under the provisions of this article, or by (b) an insurer who maintains an office in this state and is licensed to do business in this state. The licensed adjuster or insurer who certifies the applicant under the provisions of this section shall be responsible for the loss or claims practices of the emergency license holder.
Within five (5) days of any applicant beginning work as an adjuster under this section, the employer of such adjuster shall certify to the commissioner such application without being deemed in violation of this article, provided that the commissioner, after notice and hearing, may revoke the emergency license upon the grounds as otherwise contained in this article providing for revocation of an adjuster's license.
The fee for an emergency license shall be in an amount not to exceed Fifty Dollars ($50.00) as determined by the commissioner and shall be due and payable within thirty (30) days of the issuance of such emergency license.
Laws, 1993, ch. 433, § 5, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 9 - LICENSING OF INSURANCE ADJUSTERS (§§ 83-17-401 — 83-17-425) › Section 83-17-411 - Reference of claim to unlicensed adjuster prohibited

An insurer shall not knowingly refer any claim or loss for adjustment in this state to any person purporting to be or acting as an insurance adjuster unless such person is currently licensed as such as required in this article.
Laws, 1993, ch. 433, § 6, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 9 - LICENSING OF INSURANCE ADJUSTERS (§§ 83-17-401 — 83-17-425) › Section 83-17-413 - Qualifications for license

The commissioner shall license as an insurance adjuster only an individual who has otherwise complied with this article and who has furnished evidence satisfactory to the commissioner that:
(a)
He is at least eighteen (18) years of age;
(b)
He is a bona fide resident of this state, or is a resident of a state or country which will permit residents of this state to act as insurance adjusters in such other state or country;
(c)
If he is a nonresident of the United States, he has complied with all federal laws pertaining to employment or the transaction of business in the United States;
(d)
He is a trustworthy person;
(e)
He has had experience or special education or training with reference to the handling of loss claims under insurance contracts of sufficient duration and extent to make him competent to fulfill the responsibilities of an insurance adjuster; and
(f)
He has successfully passed an examination as required by the commissioner in accordance with this article or has been exempted according to the provisions of this article.
Laws, 1993, ch. 433, § 7, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 9 - LICENSING OF INSURANCE ADJUSTERS (§§ 83-17-401 — 83-17-425) › Section 83-17-415 - Continuing education requirement; certification of programs

The commissioner shall adopt a procedure for certifying continuing education programs. Each individual seeking renewal of an adjuster license, which has been in effect for a term of eighteen (18) months or less shall satisfactorily complete twelve (12) hours of study in approved continuing education courses. Every individual seeking renewal of an adjuster license, which has been in effect for a term of more than eighteen (18) months shall satisfactorily complete twenty-four (24) hours of study in approved continuing education courses, of which three (3) hours shall have a course concentration in ethics.
Laws, 1993, ch. 433, § 8, eff. 7/1/1993.
Amended by Laws, 2016, ch. 468, SB 2193, 3, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 9 - LICENSING OF INSURANCE ADJUSTERS (§§ 83-17-401 — 83-17-425) › Section 83-17-417 - Examination requirement; exceptions; subject matter; manual

(1)
Each applicant for a license as an adjuster, before the issuance of such license, shall personally take and pass, to the satisfaction of the commissioner, an examination as a test of his qualifications and competency; but the requirement of an examination shall not apply to any of the following:
(a)
An applicant who for the one-year period next preceding July 1, 1993, has been principally engaged in the investigation, adjustment or supervision of losses and who is so engaged on July 1, 1993;
(b)
An applicant for the renewal of a license issued hereunder;
(c)
An applicant who is licensed as an insurance adjuster, as defined by this article, in another state with which state a reciprocal agreement has been entered into by the commissioner;
(d)
Any person who possesses a certification from a person or entity approved by the commissioner that provides adjuster education and training and that requires, as a prerequisite to certification, an examination substantially equivalent to those of this state and approved by the commissioner; or
(e)
Any person who has completed a course or training program in adjusting of losses as prescribed and approved by the commissioner and is certified to the commissioner upon completion of the course that such person has completed the course or training program, and has passed an examination testing his knowledge and qualification, as prescribed by the commissioner.
(2)
Each examination for a license as an adjuster shall be as the commissioner may prescribe and shall be of sufficient scope reasonably to test the applicant's knowledge relative to the kinds of insurance which may be dealt with under the license applied for and the duties, responsibilities and laws of this state applicable to such a licensee.
(3)
The commissioner shall prepare and make available to applicants a manual or instructions specifying in general terms the subjects which may be covered in any examination for such a license.
Laws, 1993, ch. 433, § 9, eff. 7/1/1993.
Amended by Laws, 2017, ch. 317, HB 957, 2, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 9 - LICENSING OF INSURANCE ADJUSTERS (§§ 83-17-401 — 83-17-425) › Section 83-17-419 - License period; renewal

(1)
The privilege license of an individual to act as an adjuster shall continue from the date of issuance for original licenses or from the expiration date for existing licenses until the last day of the month of the licensee's birthday in the second year following issuance or renewal of the license, with a minimum term of thirteen (13) months. The privilege license of a business entity to act as an adjuster shall continue from the date of issuance until May 31, in the second year following issuance or renewal of the license, with a minimum term of thirteen (13) months.
(2)
Each adjuster shall file an application for renewal of license on the form and in the manner prescribed by the commissioner for such purpose. Upon the filing of such application for renewal of license and the payment of the required fees, the current license shall continue to be in force until the renewal license is issued by the commissioner or until the commissioner has refused for cause to issue such renewal license, as provided in this article, and has given notice of such refusal in writing to the adjuster.
Laws, 1993, ch. 433, § 10; Laws, 1996, ch. 305, § 1, eff. 7/1/1996.
Amended by Laws, 2016, ch. 468, SB 2193, 4, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 9 - LICENSING OF INSURANCE ADJUSTERS (§§ 83-17-401 — 83-17-425) › Section 83-17-423 - Appeals

Any person aggrieved by any action or decision of the Commissioner of Insurance under the provisions of this article may appeal therefrom to the Circuit Court of the First Judicial District of Hinds County in the manner provided by law. The circuit court shall have the authority and jurisdiction to hear the appeal and render its decision in regard thereto in termtime or vacation.
Laws, 1993, ch. 433, § 12, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 9 - LICENSING OF INSURANCE ADJUSTERS (§§ 83-17-401 — 83-17-425) › Section 83-17-425 - Article supplemental to other statutes

This article is declared to be cumulative and supplemental to all other valid statutes relating to insurance agents, solicitors and adjusters.
Laws, 1993, ch. 433, § 13, eff. 7/1/1993.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 11 - LICENSING OF PUBLIC ADJUSTERS (§§ 83-17-501 — 83-17-527) › Section 83-17-501 - Definitions

As used in this article, unless the context otherwise requires:
(a)
"Certified" means, except as used in Section
83-17-519(2)
, written representations addressed to the commissioner concerning the integrity, competence and qualifications of a person, in form and content satisfactory to the commissioner, or concerning other matters as the commissioner may by regulation hereafter prescribe.
(b)
"Commissioner" means the Commissioner of Insurance.
(c)
"Department" means the Mississippi Insurance Department.
(d)
"Insurer" means any insurance company or self-insured person or entity.
(e)
"Public adjuster" means any person who, for compensation or any other thing of value on behalf of the insured and subject to the prohibition provided in Section
73-3-55
:
(i)
Acts or aids, solely in relation to first party claims arising under insurance contracts that insure the real or personal property of the insured, on behalf of an insured in negotiating for, or effecting the settlement of, a claim for loss or damage covered by an insurance contract;
(ii)
Advertises for employment as a public adjuster of insurance claims or solicits business or represents himself or herself to the public as a public adjuster of first party insurance claims for losses or damages arising out of policies of insurance that insure real or personal property; or
(iii)
Directly or indirectly solicits business, investigates or adjusts losses, or advises an insured about first party claims for losses or damages arising out of policies of insurance that insure real or personal property for another person engaged in the business of adjusting losses or damages covered by an insurance policy, for the insured.
A public adjuster shall not include an attorney at law who does not advertise or represent that he is a public adjuster.
Laws, 2007, ch. 497, § 1, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 11 - LICENSING OF PUBLIC ADJUSTERS (§§ 83-17-501 — 83-17-527) › Section 83-17-503 - Posing as public adjuster prohibited; penalties

(1)
No person shall act as or hold himself out to be a public adjuster in this state unless he is licensed therefor by the commissioner, except that an individual, who is undergoing education and training as a public adjuster under the direction and supervision of a licensed public adjuster for a period not exceeding twelve (12) months may act as a public adjuster without having a public adjuster's license, if at the beginning of such training period, the name of such trainee has been registered as such with the commissioner.
(2)
Any person who violates the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by confinement in the county jail for not more than one (1) year, or by both such fine and confinement.
Laws, 2007, ch. 497, § 2, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 11 - LICENSING OF PUBLIC ADJUSTERS (§§ 83-17-501 — 83-17-527) › Section 83-17-505 - Application for license

Application for a license as a public adjuster shall be made to the commissioner upon forms as prescribed and furnished by the commissioner. As a part of, or in connection with, any such application, the applicant shall furnish such information concerning his identity, personal history, experience, business record and any other pertinent facts as the commissioner may reasonably require.
Laws, 2007, ch. 497, § 3, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 11 - LICENSING OF PUBLIC ADJUSTERS (§§ 83-17-501 — 83-17-527) › Section 83-17-507 - Waiver of license requirement for public adjuster licensed in another state

The commissioner may waive any license requirement for an applicant with a valid license from another state having license requirements substantially equivalent to those of this state.
Laws, 2007, ch. 497, § 4, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 11 - LICENSING OF PUBLIC ADJUSTERS (§§ 83-17-501 — 83-17-527) › Section 83-17-509 - Emergency licenses; conditions for issuing; fee

In the event of a catastrophe or emergency which arises out of a disaster, Act of God, riot, civil commotion, conflagration or other similar occurrence, the commissioner, upon application, may issue an emergency license to persons who are residents or nonresidents of this state and who may or may not be otherwise licensed public adjusters. Such emergency license shall remain in force for a period not to exceed ninety (90) days, unless extended for an additional period of ninety (90) days by the commissioner. The applicant must be certified by (a) a person licensed under the provisions of this article, or by (b) such other person as may be approved by the commissioner. The licensed public adjuster or other person who certifies the applicant under the provisions of this section shall be responsible for the loss or claims practices of the emergency license holder.
Within five (5) days of any applicant beginning work as a public adjuster under this section, the application and certification provided for in the preceding paragraph shall be provided to the commissioner without such public adjuster being deemed in violation of this article, provided that the commissioner, after notice and hearing, may revoke the emergency license upon the grounds as otherwise contained in this article providing for revocation of a public adjuster's license.
The fee for an emergency license shall be in an amount not to exceed Fifty Dollars ($50.00) as determined by the commissioner and shall be due and payable within thirty (30) days of the issuance of such emergency license.
Laws, 2007, ch. 497, § 5, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 11 - LICENSING OF PUBLIC ADJUSTERS (§§ 83-17-501 — 83-17-527) › Section 83-17-511 - Qualifications for license

The commissioner shall license as a public adjuster only an individual who has otherwise complied with this article and who has furnished evidence satisfactory to the commissioner that:
(a)
He is at least twenty-one (21) years of age;
(b)
He is a bona fide resident of this state, or is a resident of a state which will permit residents of this state to act as public adjusters in such other state;
(c)
He is a trustworthy person;
(d)
He has had experience or special education or training with reference to the handling of loss claims under insurance contracts of sufficient duration and extent to make him competent to fulfill the responsibilities of a public adjuster; and
(e)
He has successfully passed an examination as required by the commissioner in accordance with this article or has been exempted according to the provisions of this article.
Laws, 2007, ch. 497, § 6, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 11 - LICENSING OF PUBLIC ADJUSTERS (§§ 83-17-501 — 83-17-527) › Section 83-17-513 - Continuing education requirement; certification of programs

The commissioner shall adopt a procedure for certifying continuing education programs for public adjusters. Every individual seeking renewal of a public adjuster license, which has been in effect for a term of eighteen (18) months or less shall satisfactorily complete twelve (12) hours of study in approved continuing education courses. Every individual seeking renewal of a public adjuster license, which has been in effect for a term of more than eighteen (18) months shall satisfactorily complete twenty-four (24) hours of study in approved continuing education courses of which three (3) hours shall have a course concentration in ethics.
Laws, 2007, ch. 497, § 7, eff. 7/1/2007.
Amended by Laws, 2016, ch. 468, SB 2193, 5, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 11 - LICENSING OF PUBLIC ADJUSTERS (§§ 83-17-501 — 83-17-527) › Section 83-17-515 - Examination requirement; exceptions; subject matter; manual

(1)
Each applicant for a license as a public adjuster, before the issuance of such license, shall personally take and pass, to the satisfaction of the commissioner, an examination as a test of his qualifications and competency; but the requirement of an examination shall not apply to any of the following:
(a)
An applicant for the renewal of a license issued hereunder;
(b)
An applicant who is licensed as a public adjuster, as defined by this article, in another state with which state a reciprocal agreement has been entered into by the commissioner; or
(c)
Any person who has completed a course or training program in adjusting for losses as prescribed and approved by the commissioner and is certified to the commissioner upon completion of the course that such person has completed the course or training program, and has passed an examination testing his knowledge and qualification, as prescribed by the commissioner.
(2)
Each examination for a license as a public adjuster shall be as the commissioner may prescribe and shall be of sufficient scope reasonably to test the applicant's knowledge relative to the kinds of insurance which may be dealt with under the license applied for and the duties, responsibilities and laws of this state applicable to such a licensee.
(3)
The commissioner shall prepare and make available to applicants a manual or instructions specifying in general terms the subjects which may be covered in any examination for such a license.
Laws, 2007, ch. 497, § 8, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 11 - LICENSING OF PUBLIC ADJUSTERS (§§ 83-17-501 — 83-17-527) › Section 83-17-517 - Expiration of license; renewal

(1)
The privilege license of an individual to act as a public adjuster shall continue from the date of issuance for original licenses or from the expiration date for existing licenses until the last day of the month of the licensee's birthday in the second year following issuance or renewal of the license, with a minimum term of thirteen (13) months. The privilege license of a business entity to act as a public adjuster shall continue from the date of issuance until May 31 in the second year following issuance or renewal of the license, with a minimum term of thirteen (13) months.
(2)
Each public adjuster shall file an application for renewal of license on the form and in the manner prescribed by the commissioner for such purpose. Upon the filing of such application for renewal of license and the payment of the required fees, prior to the expiration date, the current license shall continue to be in force until the renewal license is issued by the commissioner or until the commissioner has refused for cause to issue such renewal license, as provided in this article, and has given notice of such refusal in writing to the public adjuster.
Laws, 2007, ch. 497, § 9, eff. 7/1/2007.
Amended by Laws, 2016, ch. 468, SB 2193, 6, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 11 - LICENSING OF PUBLIC ADJUSTERS (§§ 83-17-501 — 83-17-527) › Section 83-17-521 - Appeals

Any person aggrieved by any action or decision of the commissioner under the provisions of this article may appeal therefrom to the Circuit Court of the First Judicial District of Hinds County in the manner provided by law. The circuit court shall have the authority and jurisdiction to hear the appeal and render its decision in regard thereto in termtime or vacation.
Laws, 2007, ch. 497, § 11, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 11 - LICENSING OF PUBLIC ADJUSTERS (§§ 83-17-501 — 83-17-527) › Section 83-17-525 - Article does not entitle person not licensed by Supreme Court to practice law in state

This article shall not be construed as entitling a person who is not licensed by the Mississippi Supreme Court to practice law in this state.
Laws, 2007, ch. 497, § 13, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 17 - INSURANCE AGENTS, SOLICITORS, OR ADJUSTERS (§§ 83-17-1 — 83-17-527) › Article 11 - LICENSING OF PUBLIC ADJUSTERS (§§ 83-17-501 — 83-17-527) › Section 83-17-527 - Article cumulative and supplemental to other statutes; rules and regulations

This article is declared to be cumulative and supplemental to all other valid statutes relating to insurance agents, solicitors, adjusters and public adjusters. The Commissioner of Insurance is directed and authorized to make such reasonable rules and regulations as may be necessary for the administration of this article, including, but not limited to, rules and regulations (a) establishing procedures for the filing and approval of contracts to be used by public adjusters and/or prescribing one or more model contracts for use by public adjusters, (b) regulating solicitations by public adjusters, and (c) establishing bonding and/or errors and omissions insurance requirements for public adjusters.
Laws, 2007, ch. 497, § 14, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 18 - INSURANCE ADMINISTRATORS AND MANAGING GENERAL AGENTS (§§ 83-18-1 — 83-18-111) › INSURANCE ADMINISTRATORS (§§ 83-18-1 — 83-18-29) › Section 83-18-5 - Written agreement between administrator and insurer or employer; termination of agreement

(1)
No administrator shall act as such without a written agreement between the administrator and the insurer or employer, and such written agreement shall be retained as part of the official records of both the insurer or employer and the administrator for the duration of the agreement and for five (5) years thereafter. The agreement shall contain all provisions required by this statute, except insofar as those requirements do not apply to the functions performed by the administrator.
(2)
The written agreement shall include a statement of duties which the administrator is expected to perform on behalf of the insurer or employer and the lines, classes or types of insurance for which the administrator is to be authorized to administer. The agreement shall make provision with respect to underwriting or other standards pertaining to the business underwritten by such insurer.
(3)
The insurer, employer or administrator may, with written notice, terminate the written agreement for cause as provided in the agreement. The insurer may suspend the underwriting authority of the administrator during the pendency of any dispute regarding the cause for termination of the written agreement. The insurer must fulfill any lawful obligations with respect to policies affected by the written agreement, regardless of any dispute between the insurer and the administrator.
Laws, 1991, ch. 422, § 3, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 18 - INSURANCE ADMINISTRATORS AND MANAGING GENERAL AGENTS (§§ 83-18-1 — 83-18-111) › INSURANCE ADMINISTRATORS (§§ 83-18-1 — 83-18-29) › Section 83-18-7 - Payments to administrator deemed received by insurer; payments to administrator not deemed paid to insured or claimant until received by insured or claimant

If an insurer utilizes the services of an administrator, the payment to the administrator of any premiums or charges for insurance by or on behalf of the insured party shall be deemed to have been received by the insurer, and the payment of return premiums or claim payments forwarded by the insurer to the administrator shall not be deemed to have been paid to the insured party or claimant until such payments are received by the insured party or claimant. Nothing in this section limits any right of the insurer against the administrator resulting from the failure of the administrator to make payments to the insurer, insured parties or claimants.
Laws, 1991, ch. 422, § 4, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 18 - INSURANCE ADMINISTRATORS AND MANAGING GENERAL AGENTS (§§ 83-18-1 — 83-18-111) › INSURANCE ADMINISTRATORS (§§ 83-18-1 — 83-18-29) › Section 83-18-9 - Record keeping requirements

(1)
Every administrator shall maintain and make available to the insurer or employer complete books and records of all transactions performed on behalf of the insurer or employer. The books and records shall be maintained in accordance with prudent standards of insurance record keeping and must be maintained for a period of not less than five (5) years from the date of their creation.
(2)
The commissioner shall have access to books and records maintained by an administrator for the purposes of examination, audit and inspection. Any trade secrets contained in such books and records, including the identity and addresses of policyholders and certificate holders, shall be kept confidential, except that the commissioner may use such information in any proceeding instituted against the administrator.
(3)
The insurer or employer shall own the records generated by the administrator pertaining to the insurer; however, the administrator shall retain the right to continuing access to books and records to permit the administrator to fulfill all of its contractual obligations to insured parties, claimants, and the insurer.
(4)
In the event the insurer or employer and the administrator cancel their agreement, notwithstanding the provisions of subsection (1) of this section, the administrator may, by written agreement with the insurer or employer, transfer all records to a new administrator rather than retain them for five (5) years. In such cases, the new administrator shall acknowledge, in writing, that it is responsible for retaining the records of the prior administrator as required in subsection (1) of this section.
Laws, 1991, ch. 422, § 5, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 18 - INSURANCE ADMINISTRATORS AND MANAGING GENERAL AGENTS (§§ 83-18-1 — 83-18-111) › INSURANCE ADMINISTRATORS (§§ 83-18-1 — 83-18-29) › Section 83-18-11 - Advertising by administrator

An administrator may use only such advertising pertaining to the business underwritten by an insurer as has been approved in writing by the insurer in advance of its use.
Laws, 1991, ch. 422, § 6, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 18 - INSURANCE ADMINISTRATORS AND MANAGING GENERAL AGENTS (§§ 83-18-1 — 83-18-111) › INSURANCE ADMINISTRATORS (§§ 83-18-1 — 83-18-29) › Section 83-18-13 - Responsibilities of insurer utilizing services of administrator

(1)
If an insurer utilizes the services of an administrator, the insurer shall be responsible for determining the benefits, premium rates, underwriting criteria and claims payment procedures applicable to such coverage and for securing reinsurance, if any. The rules pertaining to these matters must be provided, in writing, by the insurer to the administrator. The responsibilities of the administrator as to any of these matters shall be set forth in the written agreement between the administrator and the insurer.
(2)
It is the sole responsibility of the insurer or employer to provide for competent administration of its programs.
(3)
In cases where an administrator benefits for more than one hundred (100) certificate holders on behalf of an insurer, the insurer shall, at least semiannually, conduct a review of the operations of the administrator. At least one (1) such review shall be an on-site audit of the operations of the administrator.
Laws, 1991, ch. 422, § 7, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 18 - INSURANCE ADMINISTRATORS AND MANAGING GENERAL AGENTS (§§ 83-18-1 — 83-18-111) › INSURANCE ADMINISTRATORS (§§ 83-18-1 — 83-18-29) › Section 83-18-15 - Administrator's duties as fiduciary for insurer

(1)
All insurance charges or premiums collected by an administrator on behalf of or for an insurer or insurers, and the return of premiums received from that insurer or insurers, shall be held by the administrator in a fiduciary capacity. Such funds shall be immediately remitted to the person or persons entitled to them or shall be deposited promptly in a fiduciary account established and maintained by the administrator in a federally insured financial institution. The written agreement between the administrator and the insurer shall provide for the administrator to periodically render an accounting to the insurer detailing all transactions performed by the administrator pertaining to the business underwritten by the insurer.
(2)
If charges or premiums deposited in a fiduciary account have been collected on behalf of or for one or more insurers, the administrator shall keep records clearly recording the deposits in and withdrawals from the account on behalf of each insurer. The administrator shall keep copies of all the records, and upon request of an insurer, shall furnish the insurer with copies of the records pertaining to such deposits and withdrawals.
(3)
The administrator shall not pay any claim by withdrawals from a fiduciary account in which premiums or charges are deposited. Withdrawals from such account shall be made as provided in the written agreement between the administrator and the insurer. The written agreement shall address, but not be limited to, the following:
(a)
Remittance to an insurer entitled to remittance;
(b)
Deposit in an account maintained in the name of the insurer;
(c)
Transfer to and deposit in a claims-paying account, with claims to be paid as provided in subsection (4);
(d)
Payment to a group policyholder for remittance to the insurer entitled to such remittance;
(e)
Payment to the administrator of its commissions, fees or charges; and
(f)
Remittance of return premium to the person or persons entitled to such return premium.
(4)
All claims paid by the administrator from funds collected on behalf of or for an insurer shall be paid only on drafts or checks of and as authorized by the insurer.
Laws, 1991, ch. 422, § 8, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 18 - INSURANCE ADMINISTRATORS AND MANAGING GENERAL AGENTS (§§ 83-18-1 — 83-18-111) › INSURANCE ADMINISTRATORS (§§ 83-18-1 — 83-18-29) › Section 83-18-17 - Administrator's compensation not to be contingent on claim experience

(1)
An administrator shall not enter into any agreement or understanding with an insurer in which the effect is to make the amount of the administrator's commissions, fees or charges contingent upon savings effected in the adjustment, settlement and payment of losses covered by the insurer's obligations. This provision shall not prohibit an administrator from receiving performance-based compensation for providing hospital or other auditing services.
(2)
This section shall not prevent the compensation of an administrator from being based on premiums or charges collected or the number of claims paid or processed.
Laws, 1991, ch. 422, § 9, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 18 - INSURANCE ADMINISTRATORS AND MANAGING GENERAL AGENTS (§§ 83-18-1 — 83-18-111) › INSURANCE ADMINISTRATORS (§§ 83-18-1 — 83-18-29) › Section 83-18-19 - Disclosure requirements of administrator

(1)
When the services of an administrator are utilized, the administrator shall provide a written notice approved by the insurer to covered individuals advising them of the identity of, and relationship among, the administrator, the policyholder and the insurer.
(2)
When an administrator collects funds, the reason for collection of each item must be identified to the insured party and each item must be shown separately from any premium. Additional charges may not be made for services to the extent the services have been paid for by the insurer.
(3)
The administrator shall disclose to the insurer or employer all charges, fees and commissions received from all services in connection with the provision of administrative services for the insurer, including any fees or commissions paid by insurers providing reinsurance.
Laws, 1991, ch. 422, § 10, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 18 - INSURANCE ADMINISTRATORS AND MANAGING GENERAL AGENTS (§§ 83-18-1 — 83-18-111) › INSURANCE ADMINISTRATORS (§§ 83-18-1 — 83-18-29) › Section 83-18-21 - Administrator to deliver written notices from insurer promptly

Any policies, certificates, booklets, termination notices or other written communications delivered by the insurer to the administrator for delivery to insured parties or covered individuals shall be delivered by the administrator promptly after receipt of instructions from the insurer to deliver them.
Laws, 1991, ch. 422, § 11, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 18 - INSURANCE ADMINISTRATORS AND MANAGING GENERAL AGENTS (§§ 83-18-1 — 83-18-111) › INSURANCE ADMINISTRATORS (§§ 83-18-1 — 83-18-29) › Section 83-18-25 - Waiver of application requirements where administrator certified in another state

Upon request from an administrator, the commissioner may waive the application requirements of subsection (2) of Section
83-18-23
if the administrator has a valid certificate of authority as an administrator issued in a state which has standards for administrators that are at least as stringent as those contained in the model statute for third-party administrators of the National Association of Insurance Commissioners.
Laws, 1991, ch. 422, § 13, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 18 - INSURANCE ADMINISTRATORS AND MANAGING GENERAL AGENTS (§§ 83-18-1 — 83-18-111) › INSURANCE ADMINISTRATORS (§§ 83-18-1 — 83-18-29) › Section 83-18-27 - Annual report of administrators

(1)
Each administrator shall file an annual report for the preceding calendar year with the commissioner on or before March 1 of each year, or within such extension of time therefor as the commissioner for good cause may grant. The report shall be in the form and contain such matters as the commissioner prescribes and shall be verified by at least two (2) officers of the administrator.
(2)
The annual report shall include the complete names and addresses of all insurers with which the administrator had an agreement during the preceding fiscal year.
(3)
At the time of filing its annual report, the administrator shall pay a filing fee as required by the commissioner.
Laws, 1991, ch. 422, § 14, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 18 - INSURANCE ADMINISTRATORS AND MANAGING GENERAL AGENTS (§§ 83-18-1 — 83-18-111) › MANAGING GENERAL AGENTS ACT (§§ 83-18-101 — 83-18-111) › Section 83-18-101 - Short title

Sections
83-18-101
through
83-18-111
may be cited as the Managing General Agents Act.
Laws, 1992, ch. 329, § 1, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 18 - INSURANCE ADMINISTRATORS AND MANAGING GENERAL AGENTS (§§ 83-18-1 — 83-18-111) › MANAGING GENERAL AGENTS ACT (§§ 83-18-101 — 83-18-111) › Section 83-18-103 - Definitions

As used in Sections
83-18-101
through
83-18-111
:
(a)
"Actuary" means a person who is a member in good standing of the American Academy of Actuaries.
(b)
"Insurer" means any person, firm, association or corporation duly licensed in this state as an insurance company as defined in Section
83-5-1
, Mississippi Code of 1972.
(c)
"Managing general agent" means any person, firm, association or corporation who negotiates and binds ceding reinsurance contracts on behalf of an insurer or manages all or part of the insurance business of an insurer (including the management of a separate division, department or underwriting office) and acts as an agent for such insurer whether known as a managing general agent, manager or other similar term, who, with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written premium equal to or more than five percent (5%) of the policyholder surplus as reported in the last annual statement of the insurer in any one (1) quarter or year together with one or more of the following:
(i)
adjusts or pays claims in excess of an amount determined by the commissioner; or
(ii)
negotiates reinsurance on behalf of the insurer.
Notwithstanding the above, the following persons shall not be considered as a managing general agent for the purposes of Sections
83-18-101
through
83-18-111
:
(i)
An employee of the insurer;
(ii)
A United States manager of the United States branch of an alien insurer;
(iii)
An underwriting manager which, pursuant to contract, manages all the insurance operations of the insurer, is under common control with the insurer, subject to the holding company regulatory act, and whose compensation is not based on the volume of premiums written; or
(iv)
The attorney-in-fact authorized by and acting for the subscribers of a reciprocal insurer or interinsurance exchange under powers of attorney.
(d)
"Underwrite" means the authority to accept or reject risk on behalf of the insurer.
Laws, 1992, ch. 329, § 2, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 18 - INSURANCE ADMINISTRATORS AND MANAGING GENERAL AGENTS (§§ 83-18-1 — 83-18-111) › MANAGING GENERAL AGENTS ACT (§§ 83-18-101 — 83-18-111) › Section 83-18-105 - License required to act as managing general agent; bonding requirement; rules and regulations

(1)
No person, firm, association or corporation shall act in the capacity of a managing general agent with respect to risks located in this state for an insurer licensed in this state unless such person is a licensed producer in this state.
(2)
No person, firm, association or corporation shall act in the capacity of a managing general agent representing an insurer domiciled in this state with respect to risks located outside this state unless such person is licensed as a producer in this state (such license may be a nonresident license) under Sections
83-18-101
through
83-18-111
.
(3)
The commissioner may require a bond in an amount acceptable to him for the protection of the insurer. The commissioner may require the managing general agent to maintain an errors and omissions policy.
(4)
The commissioner may adopt reasonable rules and regulations to implement Sections
83-18-101
through
83-18-111
.
Laws, 1992, ch. 329, § 3, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 18 - INSURANCE ADMINISTRATORS AND MANAGING GENERAL AGENTS (§§ 83-18-1 — 83-18-111) › MANAGING GENERAL AGENTS ACT (§§ 83-18-101 — 83-18-111) › Section 83-18-109 - Duties and responsibilities of insurer with respect to each managing general agent it does business with; acts of managing general agent considered acts of insurer

(1)
The insurer shall have on file an independent financial examination, in a form acceptable to the commissioner, of each managing general agent with which it has done business.
(2)
If a managing general agent establishes loss reserves, the insurer shall annually obtain the opinion of an actuary attesting to the adequacy of loss reserves established for losses incurred and outstanding on business produced by the managing general agent. This is in addition to any other required loss reserve certification.
(3)
The insurer shall periodically (at least semiannually) conduct an on-site review of the underwriting and claims processing operations of the managing general agent.
(4)
Binding authority for all reinsurance contracts or participation in insurance or reinsurance syndicates shall rest with an officer of the insurer, who shall not be affiliated with the managing general agent.
(5)
Within thirty (30) days of entering into or termination of a contract with a managing general agent, the insurer shall provide written notification of such appointment or termination to the commissioner. Notices of appointment of a managing general agent shall include a statement of duties which the applicant is expected to perform on behalf of the insurer, the lines of insurance for which the applicant is to be authorized to act and any other information the commissioner may request.
(6)
An insurer shall review its books and records each quarter to determine if any producer as defined by Section
83-18-103
has become, by operation of Section
83-18-103
, a managing general agent as defined in that section. If the insurer determines that a producer has become a managing general agent pursuant to the above, the insurer shall promptly notify the producer and the commissioner of such determination and the insurer and producer must fully comply with the provisions of Sections
83-18-101
and
83-18-111
within thirty (30) days.
(7)
An insurer shall not appoint to its board of directors an officer, director, employee, subproducer or controlling shareholder of its managing general agent. This subsection shall not apply to relationships governed by the Insurance Holding Company Act or, if applicable, the Broker Controlled Insurer Act.
(8)
The acts of the managing general agent are considered to be the acts of the insurer on whose behalf it is acting. A managing general agent may be examined as if it were the insurer.
Laws, 1992, ch. 329, § 5, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 18 - INSURANCE ADMINISTRATORS AND MANAGING GENERAL AGENTS (§§ 83-18-1 — 83-18-111) › MANAGING GENERAL AGENTS ACT (§§ 83-18-101 — 83-18-111) › Section 83-18-111 - Penalties for violations; judicial review; rights of policyholders and others not restricted

(1)
If the commissioner finds after a hearing conducted in accordance with Section
83-6-39
, Mississippi Code of 1972, that any person has violated Sections
83-18-101
through
83-18-111
, the commissioner may order:
(a)
For each separate violation, a penalty in an amount not to exceed Five Hundred Dollars ($500.00);
(b)
Revocation or suspension of the producer's license; and
(c)
The managing general agent to reimburse the insurer, the rehabilitator or liquidator of the insurer for any losses incurred by the insurer caused by a violation of Sections
83-18-101
through
83-18-111
committed by the managing general agent.
(2)
The decision, determination or order of the commissioner pursuant to subsection (1) shall be subject to judicial review pursuant to Section
83-6-41
, Mississippi Code of 1972.
(3)
Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided for in the insurance law.
(4)
Nothing contained in Sections
83-18-101
through
83-18-111
is intended to or shall in any manner limit or restrict the rights of policyholders, claimants and auditors.
Laws, 1992, ch. 329, § 6, eff. 7/1/1992.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 19 - DOMESTIC COMPANIES (§§ 83-19-1 — 83-19-221) › GENERAL PROVISIONS (§§ 83-19-1 — 83-19-97) › Section 83-19-3 - Insurance of apparatus

All insurance companies authorized to transact fire insurance business in this state may, in addition to the business which they are now authorized by law to do, insure sprinklers, pumps, and other apparatus erected or put in position for the purpose of extinguishing fires, against damage, loss, or injury resulting from accidental causes other than fire; and also insure any property which such companies are authorized to insure against loss or damage by fire against damage, loss, or injury by water or otherwise, resulting from the accidental breaking off or injury to sprinklers, pumps, or other apparatus arising from causes other than fire.
Codes, 1906, § 2577; Hemingway's 1917, § 5041; 1930, § 5145; 1942, § 5655; Laws, 1954, ch. 310.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 19 - DOMESTIC COMPANIES (§§ 83-19-1 — 83-19-221) › GENERAL PROVISIONS (§§ 83-19-1 — 83-19-97) › Section 83-19-5 - Expiration of charters under special acts

Domestic insurance companies, incorporated by special acts, whose charters are subject to limitation of time shall, after such limitation expires, continue to be bodies corporate, subject to all general laws applicable to such companies. No domestic insurance company hereafter organized shall issue policies until, upon examination of the commissioner, his deputy, or examiner, it is found to have complied with the laws of the state, nor until it has obtained from the commissioner a certificate setting forth that fact and authorizing it to issue policies.
Codes, 1906, § 2572; Hemingway's 1917, § 5037; 1930, § 5141; 1942, § 5651.