reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 43 - NONPROFIT DENTAL SERVICE CORPORATIONS (§§ 83-43-1 — 83-43-37) › Section 83-43-25 - Dental service report

Every nonprofit dental service corporation shall, on or before the first day of March of every year, file with the state board of health a report of its activities other than its financial activities during the calendar year immediately preceding. Every such report shall be authenticated by at least two (2) of the principal officers of the corporation and shall be in such form and contain such matter as the state board of health prescribes. The state board of health is hereby authorized to inquire into the activities of the nonprofit dental service corporations and to determine whether the corporation is providing adequate dental services to its subscribers in accordance with the best dental practice in the community. The secretary of the state board of health and his agents shall be entitled to the aid and cooperation of the officers and employees of the corporation and shall have convenient access to all books, records, papers, and documents that relate to the business of the corporation. They shall have authority to examine the officers, agents, employees and subscribers for the service of the corporation, all dentists registered with the corporation, and all other persons having or having had substantial part in the work of the corporation in relation to the affairs, transactions, and conditions of the corporation other than financial. Examinations may be made at such times and with such frequency as the secretary of the state board of health may determine. The secretary of the state board of health may, at any time without making any such examination, call on any such corporation for a written report, authenticated by at least two (2) of its principal officers, concerning the affairs of the corporation other than its financial affairs. In the event the secretary of the state board of health finds that the nonprofit dental service corporation does not provide adequate dental services to its subscribers in accordance with the best dental practice in the community, the said secretary may notify the corporation of his findings and order the corporation, in specific terms, to extend or improve the dental services furnished by the corporation. Within thirty (30) days after receipt of such notice from the secretary, the corporation may petition the court to show cause why the action of the secretary of the state board of health should not be set aside or modified. The court is given jurisdiction and authority to entertain and determine any such proceeding and controversy.
Codes, 1942, § 8775-12; Laws, 1962, ch. 234, § 12, eff. 5/7/1962.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 43 - NONPROFIT DENTAL SERVICE CORPORATIONS (§§ 83-43-1 — 83-43-37) › Section 83-43-27 - Agent's performance of functions

Any nonprofit dental service corporation may select any person, copartnership, association, common law trust, or corporation to act as its agent in the performance of any of its functions. Any such delegation of authority shall not operate to release the nonprofit dental service corporation from any of its duties and responsibilities required by this chapter.
Codes, 1942, § 8775-13; Laws, 1962, ch. 234, § 13, eff. 5/7/1962.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 43 - NONPROFIT DENTAL SERVICE CORPORATIONS (§§ 83-43-1 — 83-43-37) › Section 83-43-29 - Penalties

Any dentist and any other person, copartnership, association, common law trust, or corporation who violates any provision of this chapter or of any order of the state board of health, of the attorney general, or of the state auditor made pursuant thereto, or that either prevents the state board of health or the state officers to discharge any duties imposed upon them by this chapter, or fraudulently procures or attempts to procure any benefits under this chapter, or that willfully makes any false statement in any proceeding or report under the provisions of this chapter, shall be guilty of a misdemeanor and, on conviction thereof, shall be sentenced to pay a fine of not more than Five Hundred Dollars ($500.00), or to be imprisoned for not more than six (6) months, or both such fine and imprisonment. Any act or default by any corporation, association, or common law trust in violation of any provisions of the chapter, or of any order of the department made pursuant thereto shall be deemed to be the act or default of its officers or directors who participated in authorizing or effecting such act or default, or who knowingly permitted it.
Codes, 1942, § 8775-14; Laws, 1962, ch. 234, § 14, eff. 5/7/1962.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 43 - NONPROFIT DENTAL SERVICE CORPORATIONS (§§ 83-43-1 — 83-43-37) › Section 83-43-31 - Enforcement

When necessary to effect the purposes of this chapter, in addition to all other remedies in law or equity, the attorney general or state auditor, the secretary of the state board of health, or either of them, may be and are hereby authorized to petition the court for a mandamus or injunction to prevent any violation of the provisions of this chapter, or the continuance of any such violation, or to enforce compliance herewith. The court is hereby vested with authority to entertain jurisdiction on any such petition to determine the cause and to issue such process as may be necessary to accomplish the purposes of this chapter.
Codes, 1942, § 8775-15; Laws, 1962, ch. 234, § 15, eff. 5/7/1962.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 43 - NONPROFIT DENTAL SERVICE CORPORATIONS (§§ 83-43-1 — 83-43-37) › Section 83-43-33 - Partial tax exemption

Every corporation organized pursuant to, or subject to, the provisions of this chapter is hereby declared to be a charitable and benevolent institution, and its funds and property shall be exempt from taxation, except, however, that such corporation shall not be exempt from ad valorem taxes upon real estate and motor vehicles owned by it.
Codes, 1942, § 8775-16; Laws, 1962, ch. 234, § 16; Laws, 1978, ch. 441, § 9, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 43 - NONPROFIT DENTAL SERVICE CORPORATIONS (§§ 83-43-1 — 83-43-37) › Section 83-43-35 - Dissolution or liquidation

Any dissolution or liquidation of a corporation subject to the provisions of this chapter shall be conducted under the supervision of the attorney general and the state board of health. All assets of the corporation shall, upon dissolution or liquidation and after adequate provision is made for the discharge of all debts and obligations of the corporation, be transferred and distributed to the state board of health to be expended by it in providing dental care and treatment for indigent persons.
Codes, 1942, § 8775-17; Laws, 1962, ch. 234, § 17, eff. 5/7/1962.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 43 - NONPROFIT DENTAL SERVICE CORPORATIONS (§§ 83-43-1 — 83-43-37) › Section 83-43-37 - Construction

It is hereby declared to be the purpose and intent of this chapter and the policy of the legislature to authorize qualified dentists engaged in private practice to provide adequate dental services for residents of this state through a sound prepayment plan with the cooperation of the Mississippi Dental Association and state board of dental examiners, with appropriate state supervision to insure that subscribers thereto will continue to receive the highest type professional dental care with their free and voluntary choice of dentists, and at the same time it is the purpose and intent of this chapter and the policy of the legislature to maintain the standing and promote the progress of the science and art of dental surgery in this state. The courts of this state are hereby directed to construe this chapter liberally in order to accomplish those ends.
Codes, 1942, § 8775-18; Laws, 1962, ch. 234, § 18, eff. 5/7/1962.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 45 - NONPROFIT, COMMUNITY SERVICE BLOOD SUPPLY PLANS (§§ 83-45-1 — 83-45-13) › Section 83-45-1 - Operation of plan as constituting the writing of insurance

The operation of a blood supply plan, on a nonprofit, community service basis, for the purpose of promoting and encouraging the donation of human blood for medicinal and transfusion uses may or may not constitute the writing of insurance. However, an agreement between such a nonprofit organization promoting and encouraging such blood donation and one or more of its donors by which the nonprofit organization agrees to pay the cost, or a part thereof, of supplying transfusion blood to such donor or designated members of his family shall constitute a contract of insurance.
This form of insurance will be governed only by this chapter.
Codes, 1942, § 5633; Laws, 1972, ch. 432, § 1, eff. 5/1/1972.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 45 - NONPROFIT, COMMUNITY SERVICE BLOOD SUPPLY PLANS (§§ 83-45-1 — 83-45-13) › Section 83-45-3 - Requirement for licensing

Requirement for licensing shall be as follows:
(a)
A deposit with any depository approved by the state for the benefit of policyholders/members in the amount of One Dollar ($1.00) for each policyholder currently insured to guarantee perpetuation of the organization until all membership contracts are terminated.
(b)
A deposit in a like amount to a catastrophe fund, but this deposit shall be made on the first renewal of each contract.
Codes, 1942, § 5633; Laws, 1972, ch. 432, § 1, eff. 5/1/1972.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 45 - NONPROFIT, COMMUNITY SERVICE BLOOD SUPPLY PLANS (§§ 83-45-1 — 83-45-13) › Section 83-45-5 - Approval of articles; issuance of license

Such company or organization shall have its articles of incorporation or articles of organization approved by the attorney general and the commissioner of insurance and subsequently filed in the office of secretary of state. Filing fee for such articles shall be Five Dollars ($5.00). A license shall be issued by the commissioner of insurance to expire the next ensuing December 31, and the fee for such license for one (1) year shall be Ten Dollars ($10.00) per year or any part thereof.
Codes, 1942, § 5633; Laws, 1972, ch. 432, § 1, eff. 5/1/1972.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 45 - NONPROFIT, COMMUNITY SERVICE BLOOD SUPPLY PLANS (§§ 83-45-1 — 83-45-13) › Section 83-45-7 - Examinations; annual reports

Any such organization shall be exempt from regular examination by the insurance department, but shall be examined when deemed advisable by the commissioner of insurance.
Annual reports shall be filed with the insurance department in the manner and form prescribed by the commissioner of insurance.
Upon submission of annual statements, same shall be reviewed by the commissioner of insurance and the commissioner may issue such orders as necessary to stabilize operation of the company or organization.
Codes, 1942, § 5633; Laws, 1972, ch. 432, § 1, eff. 5/1/1972.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 45 - NONPROFIT, COMMUNITY SERVICE BLOOD SUPPLY PLANS (§§ 83-45-1 — 83-45-13) › Section 83-45-9 - Solicitation of membership

Solicitation of membership may be made through direct advertising, group solicitation, by officers or by individuals without licensing of solicitors, provided this is the only insurance which is offered or solicited by the company or organization.
Codes, 1942, § 5633; Laws, 1972, ch. 432, § 1, eff. 5/1/1972.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 45 - NONPROFIT, COMMUNITY SERVICE BLOOD SUPPLY PLANS (§§ 83-45-1 — 83-45-13) › Section 83-45-11 - Approval of general administrative expenses

General administrative expenses shall be submitted to and approved by the department of insurance.
Codes, 1942, § 5633; Laws, 1972, ch. 432, § 1, eff. 5/1/1972.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 45 - NONPROFIT, COMMUNITY SERVICE BLOOD SUPPLY PLANS (§§ 83-45-1 — 83-45-13) › Section 83-45-13 - Dissolution

Upon dissolution of such organization, the department of insurance shall be satisfied that all policyholders/members' claims have been paid before approving the release of deposits.
In event of dissolution and surrender of articles of association and/or charter, any surplus after reimbursement of organizational funds and any other contribution to surplus shall be prorated among such organizing contributors at the highest rate of interest possible, not to exceed ten percent (10%). When and if surplus exists in excess of reimbursements hereinabove set out, such amount shall escheat to the general fund of the State of Mississippi upon dissolution of the company or organization.
Codes, 1942, § 5633; Laws, 1972, ch. 432, § 1, eff. 5/1/1972.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 47 - NONPROFIT MEDICAL LIABILITY INSURANCE CORPORATIONS (§§ 83-47-1 — 83-47-25) › Section 83-47-1 - Declaration of purpose

The public health and welfare requires the adoption of this chapter providing for the organization and operation of nonprofit medical liability insurance corporations.
Laws, 1977, ch. 491, § 1, eff. 4/15/1977.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 47 - NONPROFIT MEDICAL LIABILITY INSURANCE CORPORATIONS (§§ 83-47-1 — 83-47-25) › Section 83-47-7 - Establishing minimum capital and reserve; enforcement by injunction or mandamus

(1)
Each corporation established under the provisions of this chapter shall furnish to the commissioner of insurance all information that he may request concerning the number of members of any such corporation and the type of practice of each such member. After considering the number of members and the type of practice of each such member, the commissioner of insurance shall require a minimum capital of Five Hundred Thousand Dollars ($500,000.00) and a minimum surplus of Five Hundred Thousand Dollars ($500,000.00) for such corporation. All dues, fees and assessments to any member of the corporation shall be set and maintained at the lowest possible cost subject to sound business practice and shall be subject to review and approval of the commissioner of insurance. No corporation established under the provisions of this chapter shall transact any other business than that specified in its charter and articles of incorporation; and it shall not begin operation until it has fully complied with all rules and regulations promulgated by the commissioner of insurance with respect to such corporations and until it has established the capital and reserve set for it by the commissioner.
(2)
When necessary to effect the purposes of this section, in addition to all other remedies in law or equity, the attorney general and commissioner of insurance may be and are hereby authorized to petition the chancery court of the county in which a corporation established under this chapter is domiciled for a mandamus or injunction to prevent any violation of the provisions of this section, or the continuance of any such violation, or to enforce compliance herewith. The court is hereby vested with authority to entertain jurisdiction on any such petition to determine the cause and to issue such process as may be necessary to accomplish the purposes of this section.
Laws, 1977, ch. 491, § 4, eff. 4/15/1977.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 47 - NONPROFIT MEDICAL LIABILITY INSURANCE CORPORATIONS (§§ 83-47-1 — 83-47-25) › Section 83-47-9 - Dues, fees and assessments; separate classes and groupings for fixing assessments of members; premium taxes

Each member shall pay all dues, fees and assessments in such amounts as may be established from time to time by the resolution of the board of directors. The board of directors shall have the authority to provide for separate and distinct classes of insurance and groupings of members and insureds and to fix assessments and premiums at varying and different amounts for the various classes. No member or insured shall refuse or neglect to pay his or its assessment or premium because the amount thereof differs or varies from the amount of the assessment or premium of members in other classes or groupings. The board of directors shall endeavor to establish and fix assessments and premiums for the various classes and groupings which are reasonable in amount, relative to the benefits to be received by those members and insureds within the classes and groupings involved, and the action of the board of directors in so doing shall be conclusive and final. Each member shall also pay all obligations which may, from time to time, become due and payable by such member to the corporation as and when the same shall become due and payable. Such fees, assessments and premiums required of members and insureds shall contain an amount sufficient to pay three percent (3%) premium tax, the same as levied on all other domestic nonprofit insurance corporations. Such premium taxes shall be collected and paid into the treasury by the State Tax Commission.
Laws, 1977, ch. 491, § 5; Laws, 1982, ch. 351, § 18; Laws, 1995, ch. 372, § 3, eff. 3/15/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 47 - NONPROFIT MEDICAL LIABILITY INSURANCE CORPORATIONS (§§ 83-47-1 — 83-47-25) › Section 83-47-11 - Liability of members for debts of corporation; exemption of private property from execution

The private property of the members of the corporation shall be exempt from the execution for the debts of the corporation, and no member shall be individually liable or responsible for any debts or liabilities of the corporation.
Laws, 1977, ch. 491, § 6, eff. 4/15/1977.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 47 - NONPROFIT MEDICAL LIABILITY INSURANCE CORPORATIONS (§§ 83-47-1 — 83-47-25) › Section 83-47-13 - Annual statement

Every such corporation shall annually, on or before the first day of March, file in the office of the commissioner of insurance a statement verified by at least two (2) of the principal officers of said corporation, showing its condition on the thirty-first day of December of the preceding year, which shall be in such form and shall contain such matters as the commissioner shall prescribe.
Laws, 1977, ch. 491, § 7, eff. 4/15/1977.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 47 - NONPROFIT MEDICAL LIABILITY INSURANCE CORPORATIONS (§§ 83-47-1 — 83-47-25) › Section 83-47-15 - Investigation of affairs of corporation; access to books and documents; summoning and examining witnesses under oath

The commissioner of insurance may appoint any deputy or examiner or other person who shall have the power of visitation and examination into the affairs of any such corporation and free access to all of the books, papers and documents that relate to the business of the corporation, and may summon and qualify witnesses under oath to examine its officers, agents, employees or other persons in relation to the affairs, transactions and conditions of the corporation.
Laws, 1977, ch. 491, § 8, eff. 4/15/1977.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 47 - NONPROFIT MEDICAL LIABILITY INSURANCE CORPORATIONS (§§ 83-47-1 — 83-47-25) › Section 83-47-17 - Dissolution or liquidation of corporation

Any dissolution or liquidation of a corporation, subject to the provisions of this chapter, shall be conducted under the supervision of the commissioner of insurance, who shall have all power with respect thereto under the provisions of law with respect to the dissolution and liquidation of insurance companies.
Laws, 1977, ch. 491, § 9, eff. 4/15/1977.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 47 - NONPROFIT MEDICAL LIABILITY INSURANCE CORPORATIONS (§§ 83-47-1 — 83-47-25) › Section 83-47-19 - Declaration of charitable status; exemption from taxation

Every corporation organized pursuant to, or subject to, the provisions of this chapter is hereby declared to be a charitable and benevolent institution, and its funds and property shall be exempt from taxation, except from the premium tax levied in accordance with the provisions of this chapter and ad valorem taxes upon real estate and motor vehicles owned by it.
Laws, 1977, ch. 491, § 10; Laws, 1978, ch. 441, § 10, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 47 - NONPROFIT MEDICAL LIABILITY INSURANCE CORPORATIONS (§§ 83-47-1 — 83-47-25) › Section 83-47-21 - Conversion of nonprofit and nonshare corporations into nonprofit medical liability insurance corporations

Any corporation heretofore or hereafter organized and operating under Chapter 11, Title 79, Mississippi Code of 1972, desiring to become a nonprofit corporation of the kind and character described in this chapter, and to operate under and pursuant to the terms of this chapter, may convert its organization into such nonprofit corporation under this chapter in the following manner, to wit:
(a)
File a written application with the commissioner of insurance annexing thereto copies of (i) its articles of incorporation or new or amended articles of incorporation; (ii) its bylaws; (iii) its form of contract between the corporation and members, showing the terms under which medical liability insurance is to be furnished to members; (iv) its contracts with members, showing a table of assessments and the benefits to which members are entitled; and (v) a financial statement of the corporation, including the amounts of contributions paid or agreed to be paid to the corporation for working capital, the name or names of each contributor, and the terms of each contribution.
(b)
Submit any further data or evidence as may be required by the commissioner.
(c)
The commissioner shall refer the corporation's articles of incorporation to the attorney general for his opinion as to whether the same meet the requirements of this chapter. The attorney general shall, if in order to do so, endorse his approval thereon and return the same to the commissioner of insurance. The commissioner shall thereupon endorse upon said articles of incorporation his certificate of approval, whereupon said corporation shall be deemed to be converted under and existing and operating pursuant to the terms of this chapter. The articles of incorporation bearing such approval of the attorney general and the commissioner shall be recorded in the offices of the commissioner of insurance and of the secretary of state in like manner as in this chapter provided for recording the articles of incorporation of a corporation organized under this chapter in the first instance.
Laws, 1977, ch. 491, § 11, eff. 4/15/1977.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 47 - NONPROFIT MEDICAL LIABILITY INSURANCE CORPORATIONS (§§ 83-47-1 — 83-47-25) › Section 83-47-23 - Nonprofit medical liability insurance corporations not covered by insurance guaranty association law

The organization as created under the authority of this chapter shall in no manner be covered under or included in the provisions of Sections
83-23-101
through
83-23-135
.
Laws, 1977, ch. 491, § 12, eff. 4/15/1977.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 47 - NONPROFIT MEDICAL LIABILITY INSURANCE CORPORATIONS (§§ 83-47-1 — 83-47-25) › Section 83-47-25 - Procedure for converting nonprofit medical liability insurance corporation to stock insurance corporation

(1)
A corporation organized under this chapter may become a stock insurance corporation under such plan and procedure as may be approved by the Commissioner of Insurance.
(2)
The Commissioner of Insurance shall approve any such plan or procedure if:
(a)
It is equitable to the corporation's members;
(b)
It is subject to approval by vote of not less than three-fourths (3/4) of the corporation's current members voting thereon in person or by proxy at a meeting of members called for the purpose pursuant to such reasonable notice and procedure as may be approved by the Commissioner of Insurance; right to vote may be limited to members who hold policies at the time of the vote and whose policies have been in force for not less than one (1) policy year;
(c)
The equity of each member in the corporation is determinable under a fair formula approved by the Commissioner of Insurance, which such equity shall be based upon not less than the corporation's entire surplus as reported in the corporation's annual statement to the Commissioner of Insurance, after deducting borrowed surplus funds, plus all nonadmitted assets;
(d)
The members entitled to participate in the purchase of stock or distribution of assets shall include all current members who hold policies at the time of the vote and whose policies have been in force for not less than one (1) policy year;
(e)
The plan gives to each member, as specified in paragraph (d) of this subsection (2), a preemptive right to acquire his proportionate part of all of the proposed capital stock of the corporation, within a designated reasonable period, and to apply upon the purchase thereof the amount of his equity in the corporation as determined under paragraph (c) of this subsection (2);
(f)
Shares are so offered to members at a price not greater than to be thereafter offered to others;
(g)
The plan provides for payment to each member not electing to apply his equity in the corporation for, or upon, the purchase price of stock to which the member is preemptively entitled of cash in the amount of his equity not so used for the purchase of stock, and which case payment, together with stock so purchased, if any, shall constitute full payment and discharge of the member's equity as a member of such corporation; and
(h)
The plan, when completed, would provide for the converted corporation paid-in capital stock in an amount not less than the minimum paid-in capital required of a domestic stock insurer transacting like kinds of insurance, together with surplus funds in amount not less than one half (1/2) of such required capital.
(3)
Once conversion under this section is complete, the converted corporation shall no longer be governed by this chapter and shall be governed by the provisions of the insurance laws of this state applicable to general liability insurers.
Laws, 1995, ch. 372, § 4, eff. 3/15/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 48 - MEDICAL MALPRACTICE INSURANCE AVAILABILITY ACT (§§ 83-48-1 — 83-48-9) › Section 83-48-1 - through 83-48-7 - [Repealed]

Repealed eff.7/31/2008.
§ 83-48-1. [ Laws, 2003, ch. 560, § 1; reenacted without change, Laws, 2005, ch. 539, § 1; reenacted without change, Laws, 2006, ch. 567, § 1, eff. 4/24/2006.] § 83-48-3. [ Laws, 2003, ch. 560, § 2; reenacted without change, Laws, 2005, ch. 539, § 2; reenacted without change, Laws, 2006, ch. 567, § 2, eff. 4/24/2006.] § 83-48-5. [ Laws, 2003, ch. 560, § 3; reenacted and amended, Laws, 2005, ch. 539, § 3; reenacted and amended, Laws, 2006, ch. 567, § 3; Laws, 2009, ch. 563, § 15, eff. 5/13/2009.] § 83-48-7. [ Laws, 2003, ch. 560, § 4; reenacted without change, Laws, 2005, ch. 539, § 4; reenacted without change, Laws, 2006, ch. 567, § 4, eff. 4/24/2006.]
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 48 - MEDICAL MALPRACTICE INSURANCE AVAILABILITY ACT (§§ 83-48-1 — 83-48-9) › Section 83-48-9 - Repeal of Sections 83-48-1 through 83-48-7

Sections
83-48-1
,
83-48-3
,
83-48-5
and
83-48-7
, Mississippi Code of 1972, shall stand repealed from and after the transfer of the plan's assets and liabilities as provided in Section
83-48-5(6)(i)
.
Laws, 2005, ch. 539, § 7; reenacted and amended, Laws, 2006, ch. 567, § 5, eff. 4/24/2006.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 49 - LEGAL EXPENSE INSURANCE (§§ 83-49-1 — 83-49-49) › Section 83-49-1 - Purposes and construction of chapter

The purposes of this chapter are to provide for legal expense insurance by the registration of prepaid legal services plans, to promote access to quality legal services at the lowest possible price, and to regulate the development and operation of prepaid legal services plans, and it is the intent of this legislature that this chapter be interpreted as liberally as necessary to accomplish these purposes.
Laws, 1983, ch. 474, § 1, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 49 - LEGAL EXPENSE INSURANCE (§§ 83-49-1 — 83-49-49) › Section 83-49-3 - Persons to whom chapter applies

The provisions of this chapter shall apply to all persons, groups, fraternal or benevolent organizations, including, but not limited to, insurers, corporations, partnerships, trusts, labor, craft or other unions, or any other entities who propose to operate or are operating or participating in the operation of a prepaid legal services plan as such a plan is hereinafter defined.
Laws, 1983, ch. 474, § 2, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 49 - LEGAL EXPENSE INSURANCE (§§ 83-49-1 — 83-49-49) › Section 83-49-7 - License required for sponsor other than insurer; fee; disclosure of business relationships; denial of license

(1)
No person other than an insurer as defined herein shall act as a sponsor nor enter into any contract with an individual person or persons whereby such person or persons become subscribers to a prepaid legal services plan without first having obtained a license from the commissioner to act as sponsor of prepaid legal services in this state.
(2)
The annual license fee shall be One Hundred Fifty Dollars ($150.00). The fee for said license shall be paid to the commissioner for the use of the state on or before March 1 of each year.
(3)
Before any licensee changes his address, he shall return his license to the commissioner who shall endorse the license indicating the change.
(4)
The person to whom the license or the renewal thereof may be issued shall file sworn answers, subject to the penalties of perjury, to such interrogatories as the commissioner may require. The commissioner shall have authority, at any time, to require the applicant to disclose fully the identity of all stockholders, partners, officers and employees, and he may, in his discretion, refuse to issue or renew a license in the name of any firm, partnership or corporation if he is not satisfied that any officer, employee, stockholder or partner thereof who may materially influence the applicant's conduct meets the standards of this chapter.
Laws, 1983, ch. 474, § 4, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 49 - LEGAL EXPENSE INSURANCE (§§ 83-49-1 — 83-49-49) › Section 83-49-9 - Investigation of sponsor license applicants; qualifications for license; notice of denial; hearing

Upon the filing of an application and the payment of the license fee, the commissioner shall make an investigation of each applicant and shall issue a license if he finds the applicant is qualified in accordance with this chapter. If the commissioner does not so find, he shall, within ninety (90) days after he has received such application, so notify the applicant and, at the request of the applicant, give the applicant a full hearing.
The commissioner shall issue or renew a license as may be applied for when he is satisfied that the person to be licensed:
(a)
Is competent and trustworthy and intends to act in good faith as a sponsor of prepaid legal services plans in this state;
(b)
Has a good business reputation and has had experience, training or education so as to be qualified to act as a sponsor of prepaid legal services plans; and
(c)
If a corporation is incorporated under the laws of this state or a foreign corporation authorized to transact business in this state.
Laws, 1983, ch. 474, § 5, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 49 - LEGAL EXPENSE INSURANCE (§§ 83-49-1 — 83-49-49) › Section 83-49-15 - Contracts for additional insurance or administrative services; approval

(1)
The sponsor of any prepaid legal services plan, or authorized representative thereof, may contract with any company licensed to transact life or casualty insurance in this state, under which contracts such company agrees, for a consideration consisting of a specified premium to assume the monetary obligations of the plan to provide or pay for the legal services covered by the subscription contracts issued under such plan, upon the failure of the plan itself to meet such obligations within a specified period. The duration of such contracts shall not be longer than three (3) years, and every such contract shall be filed with and subject to the approval of the commissioner for the fairness of its terms and premiums. The contracts shall be deemed approved ninety (90) days after date of filing with the commissioner, unless, prior to the expiration of such ninety-day period, the commissioner notifies the sponsor of the prepaid legal services plan in writing of the commissioner's disapproval. Any sponsor entering into such contracts shall fairly disclose to all subscribers affected by them the nature and extent of the extra protection provided by them. Any plan having lawful access to any other source of funds besides the premiums collected, which may be used to meet the obligations of the plan under its subscription contracts, shall make similar fair disclosure to affected subscribers.
(2)
Any sponsor of any prepaid legal services plan, or authorized representative thereof, may contract with any person to provide administrative services necessary to the administration of the plan and the subscription contracts issued thereunder. The duration of such contracts shall not be longer than three (3) years, and every such contract shall be filed with and subject to the approval of the commissioner as to the fairness of its terms. The contracts shall be deemed approved ninety (90) days after the date of filing with the commissioner unless, prior to the expiration of such ninety-day period, the commissioner notifies the sponsor of the prepaid legal services plan in writing of the commissioner's disapproval.
Laws, 1983, ch. 474, § 8; Laws, 1997, ch. 307, § 8, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 49 - LEGAL EXPENSE INSURANCE (§§ 83-49-1 — 83-49-49) › Section 83-49-19 - Advertising standards

All advertising and solicitation concerning prepaid legal services plans shall be conducted in a simple, dignified manner. Every item of advertising or solicitation shall conform with the following standards:
(a)
The form and content of any advertisement or solicitation shall be accurate and shall be sufficiently complete and clear to avoid deception or the capacity or tendency to mislead or deceive. Whether an advertisement has a capacity or tendency to mislead or deceive shall be determined by the commissioner from the overall impression that the advertisement may be reasonably expected to create upon a person of average education or intelligence, within the segment of the public to which it is directed, or within a segment of the public to which such advertisement may be reasonably calculated to reach.
(b)
All advertisements and solicitations shall be truthful and not misleading in fact or in implication. Words or phrases, the meaning of which is clear only by implications or by familiarity with insurance terminology, shall not be used.
(c)
Advertising and solicitation which include references to the legal rights or remedies of citizens shall be legally accurate.
(d)
Advertising and solicitation which include references to the particular characteristics of one or more sponsors or prepaid legal services plans, or which compare one or more sponsors or prepaid legal services plans, shall be truthful and not misleading.
(e)
No such advertising or solicitation shall contain the name, address, telephone number or any other identifying information about any attorney, and no such advertising or solicitation shall extol the alleged virtues or qualifications or point out the alleged shortcomings of any attorney, whether named or not.
Laws, 1983, ch. 474, § 10, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 49 - LEGAL EXPENSE INSURANCE (§§ 83-49-1 — 83-49-49) › Section 83-49-21 - Provisions of sections 83-5-29 through 83-5-51 applicable to plan sponsors

The provisions of Sections
83-5-29
through
83-5-51
applicable to "insurers" shall apply to sponsors as defined in this chapter and for the purpose of determining whether a violation of Sections
83-5-29
through
83-5-51
has occurred, a "sponsor" as defined in this chapter shall be deemed to be a "person" as used in Sections
83-5-29
through
83-5-51
, whichever is applicable.
Laws, 1983, ch. 474, § 11, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 49 - LEGAL EXPENSE INSURANCE (§§ 83-49-1 — 83-49-49) › Section 83-49-23 - Capitalization of sponsors other than insurers; impairment

No license or renewal license under this chapter shall be issued to a sponsor other than an insurer as defined herein, unless such sponsor:
(a)
Shall possess as minimum capital and thereafter maintain a minimum balance of at least Five Thousand Dollars ($5,000.00) in its capital accounts as shown in its annual report to the commissioner. Provided, the commissioner shall, in his discretion, require such higher amounts of capital as he deems necessary for the protection of the public;
(b)
Shall deposit with the commissioner securities acceptable to the commissioner in the amount of Twenty-five Thousand Dollars ($25,000.00), or shall file with the commissioner a bond to be approved by the commissioner and made payable to the commissioner or his successors in office executed by such applicant as principal and by a corporate surety authorized to do business in this state in the penal sum of Twenty-five Thousand Dollars ($25,000.00), conditioned that the sponsor will conduct his business in accordance with the provisions of this chapter and the laws of this state, and that the sponsor will properly account for all moneys collected in connection therewith. Such bond shall remain in full force and effect until the surety is released from liability by the commissioner or until the bond is cancelled by the surety and no such bond shall be cancelled or terminated unless prior to such cancellation or termination thirty (30) days' written notice is filed with the commissioner; and
(c)
Shall maintain at all times a surplus, after deduction of reserves and exclusive of capital, of not less than twice the amount of capital required by paragraph (a), provided, however, in no case shall such surplus required to be maintained exceed Ten Thousand Dollars ($10,000.00). If at any time the surplus of such sponsor shall be less than the surplus set out in this paragraph, such sponsor shall be considered impaired; and it shall be the duty of the secretary-treasurer, directors and other proper officers of such sponsor to report any such impairment of surplus to the commissioner of insurance of this state in writing within ten (10) days after such impairment occurs. When any such impairment is reported, or if the commissioner of insurance should otherwise gain knowledge of the fact that the surplus of any such sponsor has been impaired, the commissioner shall forthwith suspend the certificate of authority or license of such sponsor to do business in this state until such sponsor shall raise or increase its surplus to the amount equal to that required herein.
Laws, 1983, ch. 474, § 12, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 49 - LEGAL EXPENSE INSURANCE (§§ 83-49-1 — 83-49-49) › Section 83-49-25 - Annual report; contents

Every sponsor of a prepaid legal services plan shall, annually, on or before the first day of March, file in the office of the commissioner the following items:
(a)
A statement, verified by at least two (2) of its principal officers or trustees, showing the financial condition of the plan on December 31 then next preceding, which shall be in such form and shall contain such matters as the commissioner shall prescribe;
(b)
A statistical summary listing the numbers and types of claims paid and the average dollar amount of each type of claim;
(c)
A list of the groups currently subscribing to the plan;
(d)
A statement of the name, organizational form and principal place of business of the plan, and the name, organizational form and principal place of business of the sponsor of the plan;
(e)
Copies of all advertising or solicitation material which the plan is using; and
(f)
Such other pertinent and relevant information as the commissioner may reasonably require for the proper administration of this chapter. Provided, that all information furnished under this subsection (f) shall be kept confidential by the commissioner and shall not be made public by the commissioner or any other person, without the prior written consent of the sponsor or insurer to which it pertains unless the commissioner, after giving the sponsor or insurer who would be affected thereby, notice and opportunity to be heard, determines that the interests of the subscribers, policyholders, or the public will be served by the publication thereof, in which event he may publish all or any part thereof in such manner as he may deem appropriate, except to the extent that it may be produced in any judicial or administrative proceeding and may be admissible in evidence therein.
Laws, 1983, ch. 474, § 13, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 49 - LEGAL EXPENSE INSURANCE (§§ 83-49-1 — 83-49-49) › Section 83-49-29 - Hearings and proceedings to be in conformity with section 83-17-123 et seq

Except as otherwise provided in this chapter, all hearings and proceedings held under this chapter shall be conducted in accordance with the provisions of Section
83-17-123
et seq. and the commissioner shall have all the powers granted to him therein.
Laws, 1983, ch. 474, § 15, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 49 - LEGAL EXPENSE INSURANCE (§§ 83-49-1 — 83-49-49) › Section 83-49-31 - Injunctive relief against plans in violation of chapter; appointment of receivers; enforcement of criminal laws

If the commissioner finds that any prepaid legal services plan operator or its sponsor (a) has failed to comply with any provision of this chapter; (b) is fraudulently operated; (c) is in such condition as to render further plan operations hazardous to the public interest or the interest of subscribers; (d) is financially unable to meet its obligations and claims as they come due; or (e) has violated any other provision of law, he may apply to the Circuit Court of the First Judicial District of Hinds County, State of Mississippi, for an injunction. The court may forthwith issue a temporary injunction restraining the transaction of any business by the plan, and it may, after a full hearing, make the injunction permanent, and appoint one or more receivers to take the plan to settle its affairs, and distribute its funds to those entitled thereto, subject to such rules and orders as the court may prescribe. If it appears that a crime has been committed in connection with the sale, advertisement, administration or management of any prepaid legal services plan, the attorney general of the State of Mississippi may pursue the appropriate criminal action.
Laws, 1983, ch. 474, § 16, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 49 - LEGAL EXPENSE INSURANCE (§§ 83-49-1 — 83-49-49) › Section 83-49-33 - Venue provisions applicable to sponsors

The venue provisions applicable to "insurers" under Title 83, Chapters 19 and 21, Mississippi Code of 1972, shall apply to sponsors as defined in this chapter.
Laws, 1983, ch. 474, § 17, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 49 - LEGAL EXPENSE INSURANCE (§§ 83-49-1 — 83-49-49) › Section 83-49-35 - Rules and regulations

The commissioner shall have full power and authority to promulgate and adopt rules and regulations necessary for the implementation of this chapter.
Laws, 1983, ch. 474, § 18, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 49 - LEGAL EXPENSE INSURANCE (§§ 83-49-1 — 83-49-49) › Section 83-49-37 - Insurers to be in conformity with this chapter and other laws

All insurers licensed to transact life or casualty insurance in this state who are licensed to issue policies of prepaid legal services insurance in this state shall be required to meet all the requirements of this chapter, unless specifically excepted therefrom by this chapter. Provided, that nothing contained herein shall be deemed to relieve the obligations of an insurer licensed to transact life or casualty insurance in this state from complying with the requirements of the Mississippi Code of 1972 and any other applicable laws of this state.
Laws, 1983, ch. 474, § 19; Laws, 1997, ch. 307, § 10, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 49 - LEGAL EXPENSE INSURANCE (§§ 83-49-1 — 83-49-49) › Section 83-49-39 - Investment of funds

A sponsor shall invest the funds of a prepaid legal services plan only in such investments as are authorized by the laws of this state for the investment of assets of domestic casualty insurance companies and subject to the limitations thereon or in such investments as are authorized by the laws of this state for the investment of assets of corporations authorized to transact business in this state pursuant to the provisions of Title 83, Mississippi Code of 1972, as the case may be.
Laws, 1983, ch. 474, § 20, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 49 - LEGAL EXPENSE INSURANCE (§§ 83-49-1 — 83-49-49) › Section 83-49-41 - Disposition of deposits

Any deposits of a sponsor of a prepaid legal services plan deposited with the commissioner pursuant to the provisions of this chapter shall be administered by the commissioner in accordance with the provisions of the Mississippi Code of 1972 as though deposited by a domestic casualty insurer authorized to transact insurance in this state or as deposited by a corporation authorized to transact business in this state pursuant to the provisions of Chapter 19, Title 83, Mississippi Code of 1972, as the case may be.
Laws, 1983, ch. 474, § 21, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 49 - LEGAL EXPENSE INSURANCE (§§ 83-49-1 — 83-49-49) › Section 83-49-43 - When subscription contracts may first be issued

(1)
No subscription contracts for prepaid legal services may be sold or offered for sale in this state prior to July 1, 1983. Provided, that nothing contained herein shall be deemed to prohibit an insurer authorized to transact life or casualty insurance in this state from selling or offering for sale in this state before July 1, 1983, individually underwritten and individually issued policies of prepaid legal services insurance on policy forms which have been approved by the commissioner pursuant to the provisions of the Mississippi Code of 1972, and Section
83-49-17
.
(2)
The provisions of this section shall not apply to any subscription contracts negotiated and issued in accordance with the provisions of Section 302(c) of the Labor Management Relations Act of 1947 (87 Stat. 314,
29 USC Section 186(c)(8)
).
Laws, 1983, ch. 474, § 22, eff. 7/1/1983.