reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 2 - COMPETITIVE RATING FOR PROPERTY AND CASUALTY INSURANCE (§§ 83-2-1 — 83-2-35) › Section 83-2-29 - Penalties; procedures for license suspension

(1)
If the commissioner finds that any person or organization has violated any provision of this chapter, the commissioner may impose a penalty in accordance with Section
83-5-85
. Technical violations arising from systems or computer errors of the same type shall be treated as a single violation. In the event of an overcharge, if the insurer makes restitution, including payment of interest, no penalty shall be imposed.
(2)
The commissioner, within his discretion, is authorized to abate such part of the foregoing penalty as the facts of the particular case warrant and to bring suit for such lesser amount as may be determined, or to accept such lesser amount in settlement of the state's claim for penalties.
(3)
The commissioner may suspend the license of any rate service organization or insurer for failure to comply with an order of the commissioner within the time limit set forth in the order, or any extension thereof which the commissioner may grant. The commissioner may determine when a suspension of license shall become effective and it shall remain in effect for the stated period unless modified or rescinded by the commissioner until the order upon which the suspension is based is modified, rescinded or reversed.
(4)
A license shall not be suspended except upon a written order of the commissioner stating his findings, made after a hearing held upon not less than ten (10) days written notice to such person or organization, specifying the alleged violation.
Laws, 1987, ch. 422, § 16, eff. 1/1/1988.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 2 - COMPETITIVE RATING FOR PROPERTY AND CASUALTY INSURANCE (§§ 83-2-1 — 83-2-35) › Section 83-2-31 - Appeals; rates charged pending disposition of appeal

Any order issued by the commissioner under this chapter may be appealed to the Chancery Court of the First Judicial District of Hinds County in the manner provided by law. Where the order of the commissioner results in an increase or decrease in rates, any insurer affected thereby with leave of court, pending final disposition of the proceedings in the court, may continue to charge rates which were obtained prior to such order of decrease, or may charge rates resulting from such order of increase on condition that the difference in the premiums be deposited in a special account by the insurer or paid to the holders of policies issued after the order of the commissioner, as the court may determine.
Laws, 1987, ch. 422, § 17, eff. 1/1/1988.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 2 - COMPETITIVE RATING FOR PROPERTY AND CASUALTY INSURANCE (§§ 83-2-1 — 83-2-35) › Section 83-2-33 - Property and casualty insurance companies to contribute to Insurance Department Fund; funding of agency expenses; deposit of monies into State General Fund

All property and casualty insurance companies doing business in this state shall contribute annually, at such times as the Insurance Commissioner shall determine, in proportion to their gross premiums collected within the State of Mississippi during the preceding year, to a special fund in the State Treasury to be known as the "Insurance Department Fund" to be expended by the Insurance Commissioner in the payment of the expenses of the Department of Insurance as the commissioner may deem necessary. The commissioner is hereby authorized to employ such actuarial and other assistance as shall be necessary to carry out the duties of the department; and such employees shall be under the authority and direction of the Insurance Commissioner. The amount to be contributed annually to the fund shall be fixed each year by the Insurance Commissioner at a percentage of the gross premiums so collected during the preceding year. However, a minimum assessment of One Hundred Dollars ($100.00) shall be charged to each licensed property and casualty insurance company regardless of the gross premium amount collected during the preceding year.
The total contributions collected for the Insurance Department Fund shall not exceed the sum of Seven Hundred Fifty Thousand Dollars ($750,000.00) in each fiscal year.
From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
Laws, 1987, ch. 422, § 55; Laws, 1990, ch. 557, § 3; Laws, 1991, ch. 430 § 3; Laws, 1998, ch. 451, § 1, eff. 7/1/1998.
Amended by Laws, 2016, ch. 459, SB 2362, 19, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 2 - COMPETITIVE RATING FOR PROPERTY AND CASUALTY INSURANCE (§§ 83-2-1 — 83-2-35) › Section 83-2-35 - Payment of fee by property and casualty insurers; deposit of fee into Insurance Department Fund; funding of agency expenses; deposit of monies into State General Fund

(1)
This section applies to all forms of property and casualty insurance on risks or operations in this state by any insurer authorized to do business in this state, except:
(a)
Accident and health;
(b)
Ocean marine insurance;
(c)
Reinsurance;
(d)
Aircraft liability and aircraft hull insurance;
(e)
Title insurance;
(f)
Credit accident and health insurance.
(2)
All such insurers shall pay to the Commissioner of Insurance a fee of Fifteen Dollars ($15.00) for each form or rate filing filed with the commissioner. The commissioner shall pay such fees into the special fund in the State Treasury designated as the "Insurance Department Fund."
(3)
From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
(4)
From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
Laws, 1991, ch. 467 § 1, eff. 3/29/1991.
Amended by Laws, 2016, ch. 459, SB 2362, 20, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 3 - COMMISSIONER OF INSURANCE, RATING BUREAU AND RATES (§§ 83-3-1 — 83-3-301) › Article 1 - COMMISSIONER OF INSURANCE AND RATING BUREAU (§§ 83-3-1 — 83-3-25) › Section 83-3-1 - [Repealed]

Repealed by Laws, 1987, ch. 422, § 30, eff. 1/15/1988.
Codes, 1930, § 5302; 1942, § 5816; Laws, 1924, ch. 188; Laws, 1935, Ex. ch 34; Laws, 1966, ch. 445, § 13; Laws, 1977, ch. 303; Laws, 1978, ch. 520, § 15; reenacted and amended, Laws, 1982, ch. 487, § 1
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 3 - COMMISSIONER OF INSURANCE, RATING BUREAU AND RATES (§§ 83-3-1 — 83-3-301) › Article 1 - COMMISSIONER OF INSURANCE AND RATING BUREAU (§§ 83-3-1 — 83-3-25) › Section 83-3-2 - Meaning of "Insurance Commission."

Any reference to Insurance Commission in Title 83 shall mean the Commissioner of Insurance.
Laws, 1987, ch. 422, § 29; reenacted, Laws, 1991, ch. 317, § 1; reenacted without change, Laws, 1998, ch. 456, § 1, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 3 - COMMISSIONER OF INSURANCE, RATING BUREAU AND RATES (§§ 83-3-1 — 83-3-301) › Article 1 - COMMISSIONER OF INSURANCE AND RATING BUREAU (§§ 83-3-1 — 83-3-25) › Section 83-3-3 - [Repealed]

Repealed by Laws of 1987, ch. 422, § 30, eff. 1/1/1988.
Codes, 1930, § 5302; 1942, § 5816; Laws, 1924, ch. 188; Laws, 1935, Ex. ch. 34; Laws, 1966, ch. 445, § 13; reenacted without change, Laws, 1982, ch. 487, § 2
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 3 - COMMISSIONER OF INSURANCE, RATING BUREAU AND RATES (§§ 83-3-1 — 83-3-301) › Article 1 - COMMISSIONER OF INSURANCE AND RATING BUREAU (§§ 83-3-1 — 83-3-25) › Section 83-3-5 - Rating bureau

All fire insurance companies organized or admitted to do business in this state shall maintain a Rating Bureau, to be composed of such number of persons resident in this state as shall be desired and who shall be skilled in the business of fire insurance rating, fire hazard, fire protection engineering, and fire insurance inspection. Said Rating Bureau may be chartered or operated as a corporation, or association, or limited partnership, and shall provide for such officers, board of directors, and bylaws as it may deem proper, and change or alter the same from time to time as may be necessary. The Rating Bureau shall maintain an office in the Jackson metropolitan area; and all of the correspondence, files, papers, and documents of such Rating Bureau shall be preserved by said bureau, and shall be opened at all times to the inspection and examination of any insured or any person interested.
Codes, 1930, § 5303; 1942, § 5817; Laws, 1924, ch. 188; reenacted without change, Laws, 1982, ch. 487, § 3; Laws, 1987, ch. 422, § 18; reenacted, Laws, 1991, ch. 317, § 2; reenacted without change, Laws, 1998, ch. 456, § 2, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 3 - COMMISSIONER OF INSURANCE, RATING BUREAU AND RATES (§§ 83-3-1 — 83-3-301) › Article 1 - COMMISSIONER OF INSURANCE AND RATING BUREAU (§§ 83-3-1 — 83-3-25) › Section 83-3-7 - Members of bureau

Each fire insurance company licensed to do business in this state shall become a member of the Rating Bureau and shall pay its proportion of the expenses of organization, maintenance, and operation of said bureau, as provided in Section
83-3-9
.
Codes, 1930, § 5312; 1942, § 5826; Laws, 1924, ch. 188; reenacted without change, Laws, 1982, ch. 487, § 4; Laws, 1987, ch. 422, § 19; reenacted, Laws, 1991, ch. 317, § 3; reenacted without change, Laws, 1998, ch. 456, § 3, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 3 - COMMISSIONER OF INSURANCE, RATING BUREAU AND RATES (§§ 83-3-1 — 83-3-301) › Article 1 - COMMISSIONER OF INSURANCE AND RATING BUREAU (§§ 83-3-1 — 83-3-25) › Section 83-3-9 - Expense of bureau paid by companies

The expense of the organization, maintenance, and operation of the Rating Bureau shall be paid by the members of the bureau, and no part of said expense shall in any event be paid by the state or by any county or municipality. The expense not covered by user fees shall be shared by all members through an annual assessment as established by the board of directors with due consideration given to the extent of utilization of bureau services. Upon failure of any company to pay its lawful proportion of said expense within thirty (30) days after the same is due and payable, the Rating Bureau may refuse to furnish its service to such delinquent member, and shall report such delinquency to the Commissioner of Insurance, who for such delinquency may suspend or revoke the license of such delinquent company. The bureau shall establish equitable fees for its services sufficient to cover the operations required under Section
83-2-1
et seq.
Codes, 1930, § 5314; 1942, § 5828; Laws, 1924, ch. 188; reenacted without change, Laws, 1982, ch. 487, § 5; Laws, 1987, ch. 422, § 20; reenacted, Laws, 1991, ch. 317, § 4; reenacted without change, Laws, 1998, ch. 456, § 4, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 3 - COMMISSIONER OF INSURANCE, RATING BUREAU AND RATES (§§ 83-3-1 — 83-3-301) › Article 1 - COMMISSIONER OF INSURANCE AND RATING BUREAU (§§ 83-3-1 — 83-3-25) › Section 83-3-11 - Funds provided by assessment against companies

It shall be the duty of the Rating Bureau to provide a fund sufficient to enable it to inspect every risk specifically rated, to make a written survey of such risks, to pay the salary or expense of its officers and employees, and to cover any other expense which may be necessary or proper to enable it to comply with and enforce the provisions of this article. All of the expense fund shall be provided and paid by the fire insurance companies doing business in this state.
Codes, 1930, § 5318; 1942, § 5832; Laws, 1924, ch. 188; Laws, 1935, Ex. ch. 34; Laws, 1962, ch. 467; reenacted without change, Laws, 1982, ch. 487, § 6; Laws, 1987, ch. 422, § 21; reenacted, Laws, 1991, ch. 317, § 5; reenacted without change, Laws, 1998, ch. 456, § 5, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 3 - COMMISSIONER OF INSURANCE, RATING BUREAU AND RATES (§§ 83-3-1 — 83-3-301) › Article 1 - COMMISSIONER OF INSURANCE AND RATING BUREAU (§§ 83-3-1 — 83-3-25) › Section 83-3-13 - Bureau to inspect every risk rated

The Rating Bureau, through its members and employees, shall inspect every risk specifically rated by it on schedule, and make a written survey of such risk, which shall be filed as a permanent record in such Rating Bureau. A copy of such survey shall be furnished to the owner, other person in interest, or the Commissioner of Insurance upon request.
Codes, 1930, § 5304; 1942, § 5818; Laws, 1924, ch. 188; reenacted without change, Laws, 1982, ch. 487, § 7; Laws, 1987, ch. 422, § 22; reenacted, Laws, 1991, ch. 317, § 6; reenacted without change, Laws, 1998, ch. 456, § 6, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 3 - COMMISSIONER OF INSURANCE, RATING BUREAU AND RATES (§§ 83-3-1 — 83-3-301) › Article 1 - COMMISSIONER OF INSURANCE AND RATING BUREAU (§§ 83-3-1 — 83-3-25) › Section 83-3-15 - [Repealed]

Repealed by Laws of 1987, ch. 422, § 30, eff. 1/1/1988.
Codes, 1930, § 5305; 1942, § 5819; Laws, 1924, ch. 188; reenacted without change, Laws, 1982, ch. 487, § 8
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 3 - COMMISSIONER OF INSURANCE, RATING BUREAU AND RATES (§§ 83-3-1 — 83-3-301) › Article 1 - COMMISSIONER OF INSURANCE AND RATING BUREAU (§§ 83-3-1 — 83-3-25) › Section 83-3-17 - Bureau not to make agreement for placing insurance

The rating bureau, or any of its officers, shall not make any contract or agreement, express or implied, with any person, insurer, or party insured, that the whole, or any part, of the insurance shall be written or placed with any particular insurer.
Codes, 1930, § 5306; 1942, § 5820; Laws, 1924, ch. 188; reenacted without change, Laws, 1982, ch. 487, § 9; reenacted without change, Laws, 1991, ch. 317, § 7; reenacted without change, Laws, 1998, ch. 456, § 7, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 3 - COMMISSIONER OF INSURANCE, RATING BUREAU AND RATES (§§ 83-3-1 — 83-3-301) › Article 1 - COMMISSIONER OF INSURANCE AND RATING BUREAU (§§ 83-3-1 — 83-3-25) › Section 83-3-19 - Rating Bureau to furnish information to Commissioner of Insurance

The Rating Bureau is required to answer any inquiries that may be made by the Commissioner of Insurance touching its organization, maintenance, operation, or any other matter connected with its transactions; and said commissioner may require the filing of such other information as the commissioner may deem proper. It shall be the duty of such bureau to promptly make reply to such inquiries, in writing, and to furnish the information requested by the Commissioner of Insurance.
Codes, 1930, § 5307; 1942, § 5821; Laws, 1924, ch. 188; reenacted without change, Laws, 1982, ch. 487, § 10; Laws, 1987, ch. 422, § 23; reenacted, Laws, 1991, ch. 317, § 8; reenacted without change, Laws, 1998, ch. 456, § 8, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 3 - COMMISSIONER OF INSURANCE, RATING BUREAU AND RATES (§§ 83-3-1 — 83-3-301) › Article 1 - COMMISSIONER OF INSURANCE AND RATING BUREAU (§§ 83-3-1 — 83-3-25) › Section 83-3-21 - Examination of Rating Bureau; reports

The Commissioner of Insurance shall have the power to examine the Rating Bureau as often as he deems expedient, at the expense of the bureau. The commissioner shall report his findings in writing, which shall be filed in his office and made a part of the annual report of his office; and a copy thereof shall be filed with the Attorney General for the information of the legal department of the state.
Codes, 1930, § 5308; 1942, § 5822; Laws, 1924, ch. 188; reenacted without change, Laws, 1982, ch. 487, § 11; Laws, 1987, ch. 422, § 24; reenacted, Laws, 1991, ch. 317, § 9; reenacted without change, Laws, 1998, ch. 456, § 9, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 3 - COMMISSIONER OF INSURANCE, RATING BUREAU AND RATES (§§ 83-3-1 — 83-3-301) › Article 1 - COMMISSIONER OF INSURANCE AND RATING BUREAU (§§ 83-3-1 — 83-3-25) › Section 83-3-23 - Bureau not to discriminate in rates

The Rating Bureau shall not recommend any rate for insurance upon property in this state which discriminates unfairly in the same territorial classification between risks in the application of like charges and credits, or which discriminates unfairly between risks of essentially the same hazard and having substantially the same degree of protection against fire.
Codes, 1930, § 5309; 1942, § 5823; Laws, 1924, ch. 188; reenacted without change, Laws, 1982, ch. 487, § 12; Laws, 1987, ch. 422, § 25; reenacted, Laws, 1991, ch. 317, § 10; reenacted without change, Laws, 1998, ch. 456, § 10, eff. 7/1/1998.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 3 - COMMISSIONER OF INSURANCE, RATING BUREAU AND RATES (§§ 83-3-1 — 83-3-301) › Article 1 - COMMISSIONER OF INSURANCE AND RATING BUREAU (§§ 83-3-1 — 83-3-25) › Section 83-3-24 - Factors to be considered when rating fire district, grading fire departments and awarding credits considered in determining overall fire rating based on condition of certain fire equipment

(1)
When rating a municipality or fire district, including evaluations of rural or volunteer fire departments, the Rating Bureau shall consider the mileage, condition and maintenance of the fire trucks rather than the age of the fire trucks. For the purpose of grading municipalities or fire districts, including rural and volunteer fire departments, and awarding credits that are considered in determining an overall fire rating based upon the condition of their fire trucks, the Rating Bureau shall publish guidelines for use in the grading of fire trucks not later than January 30 of the calendar year during which the Rating Bureau will apply the guidelines. These guidelines shall be published and made available to each municipality and fire district, including rural and volunteer fire departments, on the Rating Bureau's website not later than January 30 of the calendar year during which the Rating Bureau will apply the guidelines. If a fire truck in a municipality or fire district, including rural and volunteer fire departments, satisfies the guidelines, then the Rating Bureau shall not recommend the replacement of the fire truck before the next grading process.
(2)
For the purpose of grading fire departments, the alternative water supply standard shall be two hundred fifty (250) gallons per minute for a sustained period of one (1) hour.
Laws, 1988, ch. 529; reenacted, Laws, 1991, ch. 317, § 11; reenacted without change, Laws, 1998, ch. 456, § 11; Laws, 2011, ch. 486, § 1, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 3 - COMMISSIONER OF INSURANCE, RATING BUREAU AND RATES (§§ 83-3-1 — 83-3-301) › Article 1 - COMMISSIONER OF INSURANCE AND RATING BUREAU (§§ 83-3-1 — 83-3-25) › Section 83-3-25 - through 83-3-41 - [Repealed]

Repealed by Laws 1987, ch. 422, § 30, eff. 1/1/1988.
§ 83-3-25. [Codes, 1930, § 5310; 1942, § 5824; Laws, 1924, ch. 188; reenacted without change, Laws, 1982, ch. 487, § 13] § 83-3-27. [Codes, 1930, § 5311; 1942, § 5825; Laws, 1924, ch. 188; Laws, 1938, ch. 196; Laws, 1962, ch. 471; reenacted without change, Laws, 1982, ch. 487, § 14] § 83-3-29. [Codes, 1930, § 5311; 1942, § 5825; Laws, 1924, ch. 188; Laws, 1938, ch. 196; Laws, 1962, ch. 471; reenacted without change, Laws, 1982, ch. 487, § 15] § 83-3-31. [Codes, 1930, § 5313; 1942, § 5827; Laws, 1924, ch. 188; Laws, 1962, ch. 472; reenacted without change, Laws, 1982, ch. 487, § 16] § 83-3-33. [Codes, 1930, § 5319; 1942, § 5833; Laws, 1924, ch. 188; reenacted without change, Laws, 1982, ch. 487, § 17] § 83-3-35. [Codes, 1930, § 5315; 1942, § 5829; Laws, 1924, ch. 188; reenacted without change, Laws, 1982, ch. 487, § 18] § 83-3-37. [Codes, 1930, § 5316; 1942, § 5830; Laws, 1924, ch. 188; reenacted without change, Laws 1982, ch. 487, § 19] § 83-3-39. [Codes, 1930, § 5317; 1942, § 5831; Laws, 1924, ch. 188; reenacted without change, Laws, 1982, ch. 487, § 20] § 83-3-41. [Codes, 1930, § 5320; 1942, § 5834; Laws, 1924, ch. 188; Laws, 1946, ch. 354, § 1; reenacted without change, Laws, 1982, ch. 487, § 21]
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 3 - COMMISSIONER OF INSURANCE, RATING BUREAU AND RATES (§§ 83-3-1 — 83-3-301) › Article 3 - CASUALTY INSURANCE RATES (§§ 83-3-101 — 83-3-123) › Section 83-3-101 - through 83-3-119 - [Repealed]

Repealed by Laws, 1987, ch. 422, § 31, eff. 1/1/1988.
§ 83-3-101. [Codes, 1942, § 5834-01; Laws, 1946, ch. 356, § 1; Laws, 1948, ch. 351, § 1; reenacted without change, Laws, 1982, ch. 487, § 22] § 83-3-103. [Codes, 1942, § 5834-01; Laws, 1946, ch. 356, § 1; Laws, 1948, ch. 351, § 1; reenacted without change, Laws, 1982, ch. 487, § 23] § 83-3-105. [Codes, 1942, § 5834-02; Laws, 1946, ch. 356, § 2; reenacted without change, Laws, 1982, ch. 487, § 24] § 83-3-107. [Codes, 1942, § 5834-03; Laws, 1946, ch. 356, § 3; reenacted without change, Laws, 1982, ch. 487, § 25] § 83-3-109. [Codes, 1942, § 5834-04; Laws, 1946, ch. 356, § 4; reenacted without change, Laws, 1982, ch. 487, § 26] § 83-3-111. [Codes, 1942, § 5834-05; Laws, 1946, ch. 356, § 5; Laws, 1962, ch. 468; Laws, 1971, ch. 392, § 1; Laws, 1979, ch. 416, § 1; Laws, 1978, ch. 424, § 1; Laws, 1980, ch. 376; reenacted, Laws, 1982, ch. 487, § 27] § 83-3-113. [Codes, 1942, § 5834-06; Laws, 1946, ch. 356, § 6; reenacted without change, Laws, 1982, ch. 487, § 28] § 83-3-115. [Codes, 1942, § 5834-07; Laws, 1946, ch. 356, § 7; reenacted without change, Laws, 1982, ch. 487, § 29] § 83-3-117. [Codes, 1942, § 5834-07; Laws, 1946, ch. 356, § 7; reenacted without change, Laws, 1982, ch. 487, § 30] § 83-3-119. [Codes, 1942, § 5834-08; Laws, 1946, ch. 356, § 8; reenacted without change, Laws, 1982, ch. 487, § 31]
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 3 - COMMISSIONER OF INSURANCE, RATING BUREAU AND RATES (§§ 83-3-1 — 83-3-301) › Article 3 - CASUALTY INSURANCE RATES (§§ 83-3-101 — 83-3-123) › Section 83-3-121 - Rebates prohibited

No insurance company, or employee thereof, and no broker or agent shall knowingly charge, demand, or receive a premium for any policy of insurance except in accordance with the applicable filing approved in the manner herein provided. No such insurer or employee or agent thereof shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insurance or after insurance has been affected, any rebate, discount, abatement, credit, or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified in the policy of insurance. No insured named in a policy of insurance nor any employee of such insured shall knowingly receive or accept, directly or indirectly, any such rebate, discount, abatement, or reduction of premium, or any special favor or advantage or valuable consideration or inducement. Nothing herein contained shall be construed as prohibiting the payment of commissions or other compensation to duly licensed agents, nor as prohibiting any participating insurer from distributing to its policyholders dividends, savings, or the unused or unabsorbed portion of premiums or premium deposits nor as prohibiting any duly licensed agent from advancing an insurance premium for the insured with or without interest thereon subject to the rules and regulations of the Mississippi Department of Insurance.
Codes, 1942, § 5834-09; Laws, 1946, ch. 356, § 9; reenacted without change, Laws, 1982, ch. 487, § 32; Laws, 1987, ch. 422, § 27; reenacted, Laws, 1991, ch. 317, § 12; reenacted without change, Laws, 1998, ch. 456, § 12; Laws, 2000, ch. 377, § 1, eff. 7/1/2000.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 3 - COMMISSIONER OF INSURANCE, RATING BUREAU AND RATES (§§ 83-3-1 — 83-3-301) › Article 3 - CASUALTY INSURANCE RATES (§§ 83-3-101 — 83-3-123) › Section 83-3-123 - through 83-3-129 - [Repealed]

Repealed by Laws, 1987, ch. 422, § 31, eff. 1/1/1988.
§ 83-3-123. [Codes, 1942, § 5834-10; Laws, 1946, ch. 356, § 10; reenacted without change, Laws, 1982, ch. 487, § 33] § 83-3-125. [Codes, 1942, § 5834-10; Laws, 1946, ch. 356, § 10; reenacted without change, Laws, 1982, ch. 487, § 34] § 83-3-127. [Codes, 1942, § 5834-11; Laws, 1946, ch. 356, § 11; reenacted without change, Laws, 1982, ch. 487, § 35] § 83-3-129. [Codes, 1942, § 5834-13; Laws, 1946, ch. 356, § 13; reenacted without change, Laws, 1982, ch. 487, § 36]
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 3 - COMMISSIONER OF INSURANCE, RATING BUREAU AND RATES (§§ 83-3-1 — 83-3-301) › Article 5 - ADVISORY ORGANIZATIONS [Repealed] (§ 83-3-201) › Section 83-3-201 - through 83-3-207 - [Repealed]

Repealed by Laws 1987, ch. 422, § 32, eff. 1/1/1988.
Codes, 1942, § 5649-21; Laws, 1958, ch. 444, §§ 1-4; reenacted without change, Laws, 1982, ch. 487, §§ 37-40.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 3 - COMMISSIONER OF INSURANCE, RATING BUREAU AND RATES (§§ 83-3-1 — 83-3-301) › Article 7 - AGENCY REVIEW [Repealed] (§ 83-3-301) › Section 83-3-301 - [Repealed]

Repealed by Laws 1998, ch. 456, § 13, eff. 7/1/1998.
Laws, 1979, ch. 301, § 46; Laws, 1982, ch. 487, § 41; Laws, 1990, ch. 575, § 1; Laws, 1991, ch. 317, § 13, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 1 - GENERAL PROVISIONS (§§ 83-5-1 — 83-5-95) › Section 83-5-1 - Concerns subject to department

All indemnity or guaranty companies, all companies, including those companies defined in Section
83-41-303(n)
, corporations, partnerships, associations, individuals and fraternal orders, whether domestic or foreign, transacting, or to be admitted to transact, the business of insurance in this state are insurance companies within the meaning of this chapter, and shall be subject to the inspection and supervision of the commissioner.
Codes, 1857, ch. 35, art. 60; 1871, § 2445; 1880, § 1076; 1892, § 2326; 1906, § 2559; Hemingway's 1917, § 5023; 1930, § 5129; 1942, § 5631; Laws, 1910, ch. 103; Laws, 1997, ch. 410, § 2, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 1 - GENERAL PROVISIONS (§§ 83-5-1 — 83-5-95) › Section 83-5-3 - All companies to submit to all laws of state

Every insurance company, foreign or domestic, that qualifies to do business in the State of Mississippi shall be required to execute an agreement to be bound by the statute laws of the State of Mississippi pertaining to the periods of limitation prescribed by the statute law of this state.
The insurance commissioner is hereby required, as a condition precedent to authorizing any insurance company to qualify and operate under the laws of this state or to do business in this state, to require said companies to execute an agreement binding said company to conform to and to be bound and regulated by the statute laws of this jurisdiction as defined in the first paragraph.
For purposes of the administration of this section, insurance companies shall consist of all types of insurance companies, both domestic and foreign, that operate in this jurisdiction, including stock companies, mutuals, and fraternal societies and organizations when such fraternal society or organization engages in the insuring of its members or other persons.
Codes, 1942, § 5631.5; Laws, 1956, ch. 343, §§ 1-4.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 1 - GENERAL PROVISIONS (§§ 83-5-1 — 83-5-95) › Section 83-5-5 - Terms defined

When consistent with the context and not obviously used in a different sense, the term "company" or "insurance company", as used in this chapter, includes all corporations, associations, partnerships, or individuals engaged as principals in the business of insurance or guaranteeing the obligations of others.
The word "domestic" designates those companies or other insurers incorporated or formed in this state; and the word "foreign", when used without limitation, includes all those formed by authority of any other state or government, and whose home office is not located in this state.
A contract of insurance is an agreement by which one party for a consideration promises to pay money or its equivalent, or to do some act of value to the assured, upon the destruction, loss, or injury of something in which the assured or other party has an interest, as an indemnity therefor.
Codes, 1906, §§ 2562, 2563; Hemingway's 1917, §§ 5027, 5028; 1930, §§ 5130, 5131; 1942, §§ 5632, 5633.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 1 - GENERAL PROVISIONS (§§ 83-5-1 — 83-5-95) › Section 83-5-7 - Situs of contract

It shall be unlawful for any company to make any contract of insurance upon or concerning any property or interest or lives in this state, or with any resident thereof, or for any person as insurance agent or insurance broker to make, negotiate, solicit, or in any manner aid in the transaction of such insurance unless and except as authorized under the provisions of this chapter. All contracts of insurance on property, lives, or interests in this state shall be deemed to be made therein.
Codes, 1906, § 2563; Hemingway's 1917, § 5028; 1930, § 5131; 1942, § 5633.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 1 - GENERAL PROVISIONS (§§ 83-5-1 — 83-5-95) › Section 83-5-9 - Business to be conducted in corporate name

Every insurance company, foreign or domestic, shall conduct its business in this state in its own proper and corporate name; and the policies and contracts of insurance issued by it shall be headed or entitled only by its proper and corporate name. When any such company publishes its assets, it shall, in the same connection and with equal conspicuousness, publish its liabilities, computed on the basis allowed for its annual statements; and any publication purporting to show its capital shall exhibit only the amount of such capital as has actually been paid in cash. Any company or any agent thereof issuing or circulating advertisements in violation of this section shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00).
Codes, 1880, § 1088; 1892, § 2329; 1906, § 2570; Hemingway's 1917, § 5035; 1930, § 5132; 1942, § 5634.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 1 - GENERAL PROVISIONS (§§ 83-5-1 — 83-5-95) › Section 83-5-11 - Legal process

When legal process is served upon the commissioner as attorney for an insurance company, he shall forthwith notify the company of such service by letter prepaid and directed to its secretary or, in the case of a foreign country, to its resident manager, if any, in the United States, and shall, within two (2) days after such service, forward in the same manner a copy of the process served on him to the secretary or manager or to such person as may have been previously designated by the company by written notice filed in the office of the commissioner. The failure of the commissioner to notify the company shall not affect the validity of such service but shall subject him to liability on his bond for such damages as the company shall suffer thereby. As a condition of a valid and effectual service and of the duty of the commissioner in the premises, the plaintiff in such process shall pay to the commissioner at the time of service thereof the sum of Twenty-five Dollars ($25.00), which the plaintiff shall recover as taxable costs if he prevails in his suit. The commissioner shall keep a record of all such proceedings, that shall show the day and hour of service.
Codes, 1906, § 2569; Hemingway's 1917, § 5034; 1930, § 5133; 1942, § 5635; Laws, 1977, ch. 329, § 1; ch. 398, § 1; Laws, 1985, ch. 433, § 8; Laws, 1993, ch. 330, § 1; Laws, 2003, ch. 370, § 1, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 1 - GENERAL PROVISIONS (§§ 83-5-1 — 83-5-95) › Section 83-5-13 - Laws applicable

The general provisions of law relative to the powers, duties, and liabilities of corporations shall apply to all incorporated domestic insurance companies, so far as such provisions are pertinent and not in conflict with other provisions of law relative to such companies, or with their charters. All insurance companies in this state shall be governed by this chapter, anything in their special charters to the contrary notwithstanding.
Codes, 1892, § 2330; 1906, § 2571; Hemingway's 1917, § 5036; 1930, § 5134; 1942, § 5636.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 1 - GENERAL PROVISIONS (§§ 83-5-1 — 83-5-95) › Section 83-5-15 - License fees for each class of business

No insurance company admitted to do business in the state shall be authorized to transact more than one (1) class or kind of insurance, unless it shall pay the license fees for each class and have the requisite capital for each business engaged in. A life insurance company may do an accident business and a fire insurance company may transact insurance as prescribed in Section
83-19-1
, Class 1 subsections (a), (b), and (g), with the payment of the largest license fees provided for any one (1) business done. No insurance company or other insurer shall be required to pay license fees amounting in the aggregate to more than Three Hundred and Fifty Dollars per annum.
Codes, 1906, § 2611; Hemingway's 1917, § 5074; 1930, § 5135; 1942, § 5637.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 1 - GENERAL PROVISIONS (§§ 83-5-1 — 83-5-95) › Section 83-5-17 - Revocation of license; administrative fine; funding of agency expenses; deposit of monies into State General Fund

The Commissioner of Insurance may, after notice and a hearing, revoke the authority of a domestic or foreign insurance company or impose an administrative fine, or both, if it violates or neglects to comply with any provision of law obligatory on it, and whenever in the opinion of the commissioner its condition is unsound, or its assets above its liabilities, exclusive of capital and inclusive of unearned premiums, are less than the amount of its original capital or required unimpaired funds. Such administrative fine shall not exceed Five Thousand Dollars ($5,000.00) per violation and shall be deposited into the special fund in the State Treasury designated as the "Insurance Department Fund."
From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law.
From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
Codes, 1906, § 2612; Hemingway's 1917, § 5075; 1930, § 5136; 1942, § 5638; Laws, 1997, ch. 410, § 3, eff. 7/1/1997.
Amended by Laws, 2016, ch. 459, SB 2362, 21, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 1 - GENERAL PROVISIONS (§§ 83-5-1 — 83-5-95) › Section 83-5-21 - License revoked if judgments not paid

If a judgment shall be rendered by any court in this state against any insurance company, and such judgment shall not be paid and satisfied within ninety (90) days after the same shall have become final, it shall be the imperative duty of the commissioner, immediately upon being advised that such judgment has not been paid or satisfied within the time named, to revoke any and every authority, license, or certificate granted to such insurance company, or any agent thereof, to transact any business in this state until again duly licensed. In case of such revocation, no renewal license or certificate of authority to transact business in this state shall be granted to such insurance company for three (3) years after such revocation, and not then unless such judgment has been satisfied. Whenever such license shall be revoked, the commissioner shall give notice of such revocation by mail to every agent of such insurance company who shall have obtained any certificate of authority to transact business for such insurance company in this state.
Codes, 1906, § 2668; Hemingway's 1917, § 5134; 1930, § 5138; 1942, § 5640; Laws, 1912, ch. 228.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 1 - GENERAL PROVISIONS (§§ 83-5-1 — 83-5-95) › Section 83-5-23 - Reserves required

Every company transacting a fire, marine, inland, accident or casualty, surety or fidelity, or other insurance business, except life, in this state shall be required to set aside as a legal reserve to protect the holders of its policy contracts in this state the pro rata unearned portion of the premium paid for such contract, to be held until termination of such contracts, and a reserve for unpaid losses and loss adjustment expenses for incurred claims both reported and unreported. Life insurance companies shall set aside as a reserve sufficient of the premium paid each year which, if invested at four percent (4%) interest, will pay the amount of insurance contracted for at maturity of the contract.
Codes, 1906, § 2614; Hemingway's 1917, § 5077; 1930, § 5139; 1942, § 5641; Laws, 1991, ch. 419, § 1, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 1 - GENERAL PROVISIONS (§§ 83-5-1 — 83-5-95) › Section 83-5-25 - Certain insurance prohibited

No life insurance company, mutual aid association, fraternal benefit society, order, or association, or stipulated premium companies operating in this state shall hereafter be permitted to issue policies, certificates, or contracts to policyholders or members providing for the establishment of its policyholders or members into divisions and classes for the purpose of providing for the payment of benefits from special funds created for such purpose to the oldest member of the division and class, or to the member of the division and class whose policy has been in force the longest period of time, upon the death of a member in such division and class, except as hereinafter provided.
Any life insurance company, mutual aid association, fraternal benefit society, order, or association, or stipulated premium companies heretofore operating on this plan in this state may continue so to do upon condition that such life insurance company, fraternal benefit society, mutual aid association, or stipulated premium companies shall not hereafter establish its policyholders or members into divisions or classes other than the divisions or classes actually containing subsisting policies or certificates on May 25, 1936.
Any life insurance company, mutual aid association, fraternal benefit society, order, or association, or stipulated premium companies violating any of the provisions of this section shall be subject to the revocation of its license to transact business in this state.
Codes, 1942, § 5642; Laws, 1936, ch. 322.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 1 - GENERAL PROVISIONS (§§ 83-5-1 — 83-5-95) › Section 83-5-27 - Discrimination through fictitious grouping prohibited

No stock, mutual, reciprocal, or other insurer shall make available to any resident or group of residents of this state, through any rating plan or form, fire, inland marine, casualty or surety insurance, or type or combination thereof, whether by master policy, series of policies, certificates of insurance, or otherwise, to any person, firm, corporation, or association of individuals, any preferred rate or premium based upon any fictitious grouping of such person, firm, corporation, or association of individuals, which fictitious grouping is hereby defined and declared to be any grouping by way of membership, license, franchise, agreement, or any other method or means; provided, however, that the foregoing shall not apply to life, accident, health, and hospitalization insurance.
Codes, 1942, § 5649-14; Laws, 1958, ch. 445.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 1 - GENERAL PROVISIONS (§§ 83-5-1 — 83-5-95) › Section 83-5-29 - Insurance business practices regulated

The purpose of Sections
83-5-29
through
83-5-51
is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the Act of Congress of March 9, 1945 (Public Law 15, 79th Congress), by defining, or providing for the determination of, all such practices in this state which constitute unfair methods of competition or deceptive practices, and by prohibiting the trade practices so defined or determined.
Codes, 1942, § 5649-01; Laws, 1956, ch. 329, § 1.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 1 - GENERAL PROVISIONS (§§ 83-5-1 — 83-5-95) › Section 83-5-30 - Insurance business practices regulated; notice of withdrawal, cancelation, or failure to renew insurance; penalties

Any insurer selling property and casualty insurance shall not withdraw, cancel or fail to renew any line of insurance or class of business without giving notice in writing sixty (60) days in advance to the Commissioner of Insurance. Any failure to give notice may result in a fine of up to Two Thousand Five Hundred Dollars ($2,500.00) in the discretion of the Commissioner of Insurance.
Laws, 1988, ch. 468, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 1 - GENERAL PROVISIONS (§§ 83-5-1 — 83-5-95) › Section 83-5-31 - Insurance business practices regulated; definitions

When used in Sections
83-5-29
through
83-5-51
:
(a)
"Person" shall mean any individual, corporation, association, partnership, reciprocal exchange, mutual, interinsurer, Lloyds insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance, including agents, solicitors, brokers, and adjusters.
(b)
"Commissioner" shall mean the commissioner of insurance of this state.
Codes, 1942, § 5649-02; Laws, 1956, ch. 329, § 2.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 1 - GENERAL PROVISIONS (§§ 83-5-1 — 83-5-95) › Section 83-5-33 - Insurance business practices regulated; unfair methods of competition and deceptive practices prohibited

No person shall engage in this state in any trade practice which is defined in Sections
83-5-29
through
83-5-51
as, or determined pursuant to said sections to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.
Codes, 1942, 5649-03; Laws, 1956, ch. 329, § 3.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 5 - GENERAL PROVISIONS RELATIVE TO INSURANCE AND INSURANCE COMPANIES (§§ 83-5-1 — 83-5-877) › Article 1 - GENERAL PROVISIONS (§§ 83-5-1 — 83-5-95) › Section 83-5-37 - Insurance business practices regulated; power of commissioner

The commissioner shall have power to examine and investigate into the affairs of every person engaged in the business of insurance in this state in order to determine whether such person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by Section
83-5-33
.
Codes, 1942, § 5649-05; Laws, 1956, ch. 329, § 5.