reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 34 - WINDSTORM UNDERWRITING ASSOCIATION (§§ 83-34-1 — 83-34-39) › Section 83-34-37 - Mississippi Windstorm Underwriting Association Reinsurance Assistance Fund created; purpose; use of funds; reports

(1)
(a)
There is created in the State Treasury a special fund to be designated as the "Mississippi Windstorm Underwriting Association Reinsurance Assistance Fund." The fund shall consist of monies deposited therein as provided under Section
83-34-39
, monies appropriated by act of the Legislature and monies from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund; however, any monies in excess of Fifty Million Dollars ($50,000,000.00) remaining in the fund at the end of a fiscal year that have not been appropriated shall lapse into the State General Fund.
(b)
Monies in the special fund may be used by the Department of Insurance, upon appropriation by the Legislature, only for the purpose of assisting the Mississippi Windstorm Underwriting Association in defraying expenses and costs for reinsurance under Section
83-34-1
et seq. The association may use any such funds received from the Department of Insurance for the sole purpose of defraying expenses and costs for reinsurance. Monies in the fund used for the purposes described in this paragraph (b) shall be in addition to other funds available from any other source for such purposes.
(c)
Monies in the special fund may not be used, expended or transferred for any other purpose except upon amendment to this section by a bill enacted by the Legislature with a vote of not less than two-thirds (2/3) of the members of each house present and voting.
(2)
(a)
The Commissioner of Insurance shall file a report with the Joint Legislative Budget Committee not later than September 1 of each year, recommending the amount of assistance, if any, needed by the Mississippi Windstorm Underwriting Association for reinsurance expenses and costs. The Commissioner of Insurance also shall provide a copy of the report to the Attorney General and the Executive Director of the Mississippi Development Authority.
(b)
The Mississippi Windstorm Underwriting Association shall prepare and file detailed reports with the Clerk of the House of Representatives, Secretary of the Senate, Commissioner of Insurance, Attorney General and Executive Director of the Mississippi Development Authority regarding the receipt and expenditure of monies by the association under this section.
Laws, 2007, ch. 425, § 2, eff. 3/22/2007.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 34 - WINDSTORM UNDERWRITING ASSOCIATION (§§ 83-34-1 — 83-34-39) › Section 83-34-39 - [Repealed]

Repealed by its own terms, eff.7/1/2010.
Laws, 2007, ch. 425, § 3, eff. 3/22/2007.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 35 - UNDERWRITING ASSOCIATION [Repealed] (§§ 83-35-1 — 83-35-33) › Section 83-35-1 - through 83-35-31 - [Repealed]

Repealed by Laws, 1987, ch. 459, § 18, eff. 12/31/1988.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 35 - UNDERWRITING ASSOCIATION [Repealed] (§§ 83-35-1 — 83-35-33) › Section 83-35-33 - [Repealed]

Repealed by Laws 1985, ch. 528, § 17, eff. 7/1/1985.
Codes, 1942, § 5834-119; Laws, 1971, ch. 507, § 19; Laws, 1975, ch. 390, § 17; Laws, 1980, ch. 364, § 17.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 36 - JOINT UNDERWRITING ASSOCIATION FOR MEDICAL MALPRACTICE INSURANCE (§§ 83-36-1 — 83-36-31) › Section 83-36-1 - through 83-36-27 - [Repealed]

Repealed by Laws, 1997, ch. 406, § 15, eff. 7/1/1998.
§ 83-36-1. [Laws, 1976, ch. 471, § 1; Laws, 1989, ch. 356, § 1; reenacted without change, Laws, 1997, ch. 406, § 1, eff. 7/1/1997] § 83-36-3. [Laws, 1976, ch. 471, § 2; Laws, 1987, ch. 472, § 1; Laws, 1989, ch. 356, § 2; reenacted without change, Laws, 1992, ch. 559, § 1; reenacted without change, Laws, 1997, ch. 406, § 2, eff. 7/1/1997] § 83-36-5. [Laws, 1976, ch. 471, § 3; Laws, 1987, ch. 472, § 2; Laws, 1989, ch. 356, § 3; reenacted without change, Laws, 1992, ch. 559, § 2; Laws, 1994, ch. 318, § 1; reenacted without change, Laws, 1997, ch. 406, § 3, eff. 7/1/1997] § 83-36-7. [Laws, 1976, ch. 471, § 4; Laws, 1987, ch. 472, § 3; Laws, 1989, ch. 356, § 4; reenacted without change, Laws, 1992, ch. 559, § 3; reenacted without change, Laws, 1997, ch. 406, § 4, eff. 7/1/1997] § 83-36-9. [Laws, 1976, ch. 471, § 5; Laws, 1987, ch. 472, § 4; Laws, 1989, ch. 356, § 5; reenacted without change, Laws, 1992, ch. 559, § 4; reenacted without change, Laws, 1997, ch. 406, § 5, eff. 7/1/1997] § 83-36-11. [Laws, 1976, ch. 471, § 6; Laws, 1987, ch. 472, § 5; reenacted without change, Laws, 1992, ch. 559, § 5; reenacted without change, Laws, 1997, ch. 406, § 6, eff. 7/1/1997] § 83-36-13. [Laws, 1976, ch. 471, § 7; Laws, 1987, ch. 472, § 6; reenacted without change, Laws, 1992, ch. 559, § 6; reenacted without change, Laws, 1997, ch. 406, § 7, eff. 7/1/1997] § 83-36-15. [Laws, 1976, ch. 471, § 8; reenacted without change, Laws, 1997, ch. 406, § 8, eff. 7/1/1997] § 83-36-17. [Laws, 1976, ch. 471, § 9; Laws, 1987, ch. 472, § 7; reenacted without change, Laws, 1992, ch. 559, § 7; reenacted without change, Laws, 1997, ch. 406, § 9, eff. 7/1/1997] § 83-36-19. [Laws, 1976, ch. 471, § 10; Laws, 1987, ch. 472, § 8; reenacted without change, Laws, 1992, ch. 559, § 8; reenacted without change, Laws, 1997, ch. 406, § 10, eff. 7/1/1997] § 83-36-21. [Laws, 1976, ch. 471, § 11; Laws, 1987, ch. 472, § 9; reenacted without change, Laws, 1992, ch. 559, § 9; reenacted without change, Laws, 1997, ch. 406, § 11, eff. 7/1/1997] § 83-36-23. [Laws, 1976, ch. 471, § 12; Laws, 1987, ch. 472, § 10; reenacted without change, Laws, 1992, ch. 559, § 10; reenacted without change, Laws, 1997, ch. 406, § 12, eff. 7/1/1997] § 83-36-25. [Laws, 1976, ch. 471, § 13; Laws, 1987, ch. 472, § 11; reenacted without change, Laws, 1992, ch. 559, § 11; reenacted without change, Laws, 1997, ch. 406, § 13, eff. 7/1/1997] § 83-36-27. [Laws, 1976, ch. 471, § 14; reenacted without change, Laws, 1997, ch. 406, § 14, eff. 7/1/1997]
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 36 - JOINT UNDERWRITING ASSOCIATION FOR MEDICAL MALPRACTICE INSURANCE (§§ 83-36-1 — 83-36-31) › Section 83-36-29 - Repeal of Sections 83-36-1 through 83-36-27

Sections
83-36-1
through
83-36-27
shall stand repealed on July 1, 1998.
Laws, 1992, ch. 559, § 13(1); Laws, 1997, ch. 406, § 15, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 36 - JOINT UNDERWRITING ASSOCIATION FOR MEDICAL MALPRACTICE INSURANCE (§§ 83-36-1 — 83-36-31) › Section 83-36-31 - Authority of commissioner to close accounts established under this chapter; disposition of funds; release of liability of fund trustees

(1)
Upon thirty (30) days' notice to interested parties, the Commissioner may close any accounts established under this chapter. Any funds in the accounts or any other funds collected and received by the administrator or trustee of the temporary joint underwriting association established under Section
83-36-5
shall be paid to the State Treasurer for deposit in the State General Fund.
(2)
Upon accounting to the Commissioner and disbursement of funds as provided in subsection (1) of this section, all past and present directors of the association shall be relieved from any liability concerning the funds and other provisions of this chapter.
Laws, 1994, ch. 318, § 2, eff. 3/10/1994.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 37 - BURIAL ASSOCIATIONS (§§ 83-37-1 — 83-37-35) › Section 83-37-1 - Unlawful unless organized under this chapter

It shall be unlawful for any person, firm, association, church burial club or association, or corporation to engage in the business of a burial association or to make contracts in advance of death to bury or to pay the funeral expenses of any person or persons or to make contracts in advance of death to pay any person or persons a sum of money in lieu of funeral expenses except under the conditions hereafter set out.
If a church burial club or association enters into any kind of informal agreement or understanding, written or otherwise, to pay for funerals of its members and if it collects premiums, contributions, or any other funds therefor in competition with other burial associations, it shall come under the above definition of a burial association and be subject to all the provisions of this chapter. The secretary, treasurer, secretary-treasurer, or any other officer, by whatever name called, who handles the funds for the purposes set forth in this section shall be required to file annual reports, as required by Section
83-37-19
, Mississippi Code of 1972; and failure to file such annual reports or knowingly making any false statement in the reports required shall be punished as provided by Section
83-37-29
, Mississippi Code of 1972.
Codes, 1930, § 3990; 1942, §§ 5592, 5592.5; Laws, 1928, ch. 197; Laws, 1956, ch. 332, §§ 1, 2.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 37 - BURIAL ASSOCIATIONS (§§ 83-37-1 — 83-37-35) › Section 83-37-3 - Method of organization

Any person, firm, or association desiring to engage in the business above set out shall apply to the insurance commissioner of the State of Mississippi for a permit or license; file with the said commissioner a copy or statement in writing of the plan on which he or they propose to operate such business, the forms of all such contracts as he or they propose to make and enter into, the residence and post-office address of any such person, firm, or association, the rates to be charged, which rates shall in all cases be subject to the approval of the insurance commissioner except in cases where burial associations operate under a mutual benefit plan, and the names of all persons interested in such business other than members with whom contracts are made to pay burial expenses; and shall secure from the insurance commissioner of this state annually a license to engage in said business before engaging therein. Any corporation desiring to engage in the business above set out shall comply with all of the conditions of this section and, furthermore, be incorporated or admitted to do business as hereinafter provided.
Codes, 1930, § 3991; 1942, § 5593; Laws, 1928, ch. 197; Laws, 1932, ch. 290.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 37 - BURIAL ASSOCIATIONS (§§ 83-37-1 — 83-37-35) › Section 83-37-5 - Articles of incorporation; restriction on formation of new companies

(1)
Until July 1, 1996, companies may be formed and organized to engage in the business herein mentioned with a capital stock of not less than Five Thousand Dollars ($5,000.00). The proposed incorporators, a majority of whom must be residents of the state, and not less than three (3), shall subscribe articles of incorporation in which shall be stated:
(a)
The proposed corporate name of the company, which shall not so closely resemble the name of any corporation already transacting business in this state as to mislead the public or lead to confusion;
(b)
The purpose for which it was formed and the business plan or principle of the operation of its business;
(c)
The names, residences and official titles of all the officers who are to have and exercise the general control and management of the affairs and the funds of the corporation;
(d)
The domicile of the proposed corporation;
(e)
The amount of the capital stock.
The charter or articles of incorporation shall be approved by the Insurance Commissioner, and a certificate of approval shall be executed by the commissioner. The charter as thus approved shall be recorded in the Office of the Insurance Commissioner of this state and shall also be recorded in the Office of the Secretary of State.
(2)
After July 1, 1996, no new companies may be formed and organized to engage in the business mentioned herein.
(3)
No companies formed and organized to engage in the business herein mentioned may be sold, transferred or exchanged without prior approval of the Commissioner of Insurance. Before approval by the commissioner is granted, the commissioner shall verify and require that the company has an enforceable agreement with a duly licensed funeral service establishment pursuant to Section
73-11-55
to service the policies, contracts or certificates of the company; however, there shall be no reduction in benefits paid under the policy if the policyholder is affected by a merger or assumption and elects not to use the funeral home so designated under the assumption agreement.
Codes, 1930, § 3992; 1942, § 5594; Laws, 1928, ch. 197; Laws, 1996, ch. 357, § 1, eff. 3/18/1996.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 37 - BURIAL ASSOCIATIONS (§§ 83-37-1 — 83-37-35) › Section 83-37-7 - Foreign corporations admitted

Any foreign corporation organized to engage in the business of a burial association may be admitted to do business in this state on the following conditions:
(a)
It shall deposit with the Commissioner of Insurance a certified copy of its charter and a statement of its financial condition and business in such form and detail as he may require, signed and sworn to by its president and secretary or other proper officer, and shall pay for the filing of such statement the sum of Twenty Dollars ($20.00).
(b)
It shall satisfy the commissioner that it is fully and legally organized under the laws of its state or government to do the business it proposes to transact and that it has a fully paid up and unimpaired capital of not less than Five Thousand Dollars ($5,000.00). After July 1, 1996, no foreign corporation organized to engage in the business of a burial association or unincorporated Class A burial association shall be admitted to do business in this state.
(c)
It shall, by duly executed instrument filed in his office, constitute and appoint the Commissioner of Insurance and his successor its true and lawful attorney upon whom all process in any action or legal proceeding against it may be served, and therein shall agree that any process against it which may be served upon its attorney shall be of the same force and validity as if served on the company; and the authority thereof shall continue in force irrevocable so long as any liability of the company remains outstanding in this state. The service of such process shall be made by leaving a copy of the same in the hands or office of the commissioner. Copies of such instrument certified by the commissioner shall be deemed sufficient evidence thereof, and service upon such attorney shall be deemed sufficient service upon the principal.
(d)
It shall appoint as its agent or agents in this state some resident or residents thereof other than the commissioner, such appointment to be made in writing, signed by the president and secretary or manager or general agent, and filed in the office of the commissioner, authorizing the agent to acknowledge service of process for and on behalf of the company, and consenting that service of process on the agent shall be as valid as if served upon the company, according to the laws of this state, and waiving all claim of error by reason of such service.
(e)
It shall obtain from the commissioner a certificate that it has complied with the laws of the state and is authorized to make contracts authorized hereunder.
Codes, 1930, § 3993; 1942, § 5595; Laws, 1928, ch. 197; Laws, 1996, ch. 357, § 2, eff. 3/18/1996.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 37 - BURIAL ASSOCIATIONS (§§ 83-37-1 — 83-37-35) › Section 83-37-9 - Corporate contract forms and rate schedules to be filed

Any domestic or foreign corporation engaging in the business set forth herein shall also file with the insurance commissioner sample forms of all such contracts as it proposes to make and enter into and the rates to be charged, and shall secure from the insurance commissioner of this state annually a license to engage in said business before engaging therein, in like manner as if such corporation were a person, firm, or association as hereinabove set forth.
Codes, 1930, § 3994; 1942, § 5596; Laws, 1928, ch. 197.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 37 - BURIAL ASSOCIATIONS (§§ 83-37-1 — 83-37-35) › Section 83-37-12 - Buyer's guide

Each policy or contract or certificate issued under Section
83-37-11
shall have attached a buyer's guide which shall be developed by the Commissioner of Insurance and shall contain a definition of the burial contract, its provisions, its benefits and notice of the freedom of choice as provided by Section
83-37-13
.
Laws, 1996, ch. 357, § 3, eff. 3/18/1996.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 37 - BURIAL ASSOCIATIONS (§§ 83-37-1 — 83-37-35) › Section 83-37-15 - Conditions for certain contracts

A burial association may enter into burial insurance contracts with citizens of this state in a face amount of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) for the funeral of any one person to be paid by any such burial association, subject to strict compliance with the following requirements as an absolute condition precedent to any such policy or contract being written or in force in this state:
(a)
Such a burial association must be incorporated under the provisions of this chapter, and at least Twenty-five Thousand Dollars ($25,000.00) in capital stock paid up before the commencement of business by any such corporation may be authorized.
(b)
Only contracts with uniform benefits may be written, which must be first approved by the commissioner of insurance, and such contracts may be written on a basis of payment of premiums for life or, alternatively, to be paid up in not less than fifteen (15) years after date of issuance. Contract benefits shall be limited to applying the face amount of the contract toward the retailed value of funeral merchandise and service; however, such contracts may provide for cash settlement benefits.
(c)
The commissioner of insurance shall require compliance with minimum premium rates governing the payment of premiums on burial insurance contracts issued under the alternative plans provided in paragraph (b) of this section, and any such corporation willfully collecting rates less than those so prescribed shall have its license cancelled and revoked in accordance with the provisions of this chapter. For continuing to do business thereafter, such corporation shall be enjoined therefrom in a court of competent jurisdiction.
(d)
The commissioner of insurance shall promulgate such rules and regulations as may be necessary or advisable in order to carry out the provisions of Sections
83-37-11
through
83-37-17
insofar as the same shall not conflict herewith, and shall make examinations as required of domestic life insurance companies.
(e)
No corporation shall write or issue a paid-up certificate except as provided in the cited sections.
(f)
Securities shall be deposited with the state treasurer equal to one half (1/2) of the capital stock of such companies and associations, and securities covering reserve liabilities shall likewise be deposited with the state treasurer in the amounts and manner as is now required of domestic life insurance companies.
Codes, 1930, § 3995; 1942, § 5597; Laws, 1928, ch. 197; Laws, 1932, ch. 290; Laws, 1956, ch. 334, § 1; Laws, 1962, ch. 452, eff. 1/1/1963.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 37 - BURIAL ASSOCIATIONS (§§ 83-37-1 — 83-37-35) › Section 83-37-17 - Premium taxes

(1)
Those burial associations operating under the provisions of Section
83-37-11
shall not be required to pay any premium taxes.
(2)
Those burial associations incorporated under the provisions of Section
83-37-15
shall be required to pay premium taxes as follows:
(a)
Such foreign burial insurance companies and associations of every kind and description writing burial insurance contracts under the provisions of Section
83-37-15
shall be required to pay an annual premium tax of three percent (3%) of the gross amount of premium receipts received from and on burial insurance contracts written in or covering risks located in this state.
(b)
Such domestic burial insurance companies and associations of every kind and description writing burial insurance contracts under the provisions of Section
83-37-15
shall be required to pay an annual premium tax of one half (1/2) of the amount hereinabove levied upon foreign burial insurance companies and associations.
Codes, 1930, § 3995; 1942, § 5597; Laws, 1928, ch. 197; Laws, 1932, ch. 290; Laws, 1956, ch. 334, § 2; Laws, 1962, ch. 452, eff. 1/1/1963.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 37 - BURIAL ASSOCIATIONS (§§ 83-37-1 — 83-37-35) › Section 83-37-19 - Annual reports

All such persons, firms, associations, or corporations shall, annually before the fifteenth day of February of each year, in accordance with the requirements of a form prepared and furnished by the commissioner of insurance for that purpose and in such detail as the commissioner shall prescribe, file with the commissioner a sworn statement of its business during the year previous, ending with December 31, showing the number of contracts in force, the number of contracts matured and unpaid, the amount of liability in force on said contracts at the end of the year, the business standing and the financial conditions of said persons, firms, associations, or corporations, and such other information as may be required by the commissioner of insurance.
Codes, 1930, § 3996; 1942, § 5598; Laws, 1928, ch. 197; Laws, 1932, ch. 290.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 37 - BURIAL ASSOCIATIONS (§§ 83-37-1 — 83-37-35) › Section 83-37-23 - Cancellation of license

The failure of any person, firm, association, or corporation to promptly pay or fulfill any contract in force at the time of maturity, when legally determined that the contract was in force, the failure to pay promptly when due the examination fee required, the failure to pay the license fee, privilege license when due, or penalties when assessed, the failure to fulfill any contract when services are performed by another person, firm, association, or corporation with whom the deceased or his legal representative had contracted, or the failure to adhere to the approved policy form, or to collect and retain the filed and approved rate for premium as filed in the office of the commissioner of insurance, each and all shall be grounds for the cancellation by the commissioner of insurance of its license to do business in this state.
Procedure for revocation of license under the above offenses shall be the same procedure as provided in the case of insurance agents engaging in the business of life, accident, and health insurance.
Codes, 1930, § 3998; 1942, § 5600; Laws, 1928, ch. 197; Laws, 1954, ch. 311; Laws, 1962, ch. 453, §§ 1, 2, eff. 4/30/1962.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 37 - BURIAL ASSOCIATIONS (§§ 83-37-1 — 83-37-35) › Section 83-37-25 - Fiscal examinations

The insurance commissioner shall have full authority to examine the books, records, papers, and all other data belonging to or bearing on the business of any such person, firm, association, or corporation and may designate any practical accountant to make said examination at a reasonable per diem and expenses not to exceed the sum of One Hundred ($100.00) Dollars for any one (1) year, to be paid by such person, firm, association, or corporation. If upon examination the insurance commissioner be of the opinion that the capital stock of a domestic corporation has become impaired, or that any foreign company admitted to do business hereunder is insolvent, the commissioner may thereupon for said reason cancel its license to do business in this state.
Any person, firm, or corporation that may refuse to permit the insurance commissioner or any practical accountant designated by him to examine the books, records, papers, and all other data belonging to or bearing on the business of any such person, firm, or corporation shall have his, their, or its license canceled and revoked by the commissioner.
The insurance commissioner shall have full power in the regulation of any person, firm, or corporation, foreign or domestic, and anyone attempting to write burial certificate contracts without first having secured a license and having qualified under the provisions of statutes which govern, may be prosecuted under the provisions of Section
83-37-29
.
Codes, 1930, § 3999; 1942, § 5601; Laws, 1928, ch. 197; Laws, 1932, ch. 290.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 37 - BURIAL ASSOCIATIONS (§§ 83-37-1 — 83-37-35) › Section 83-37-27 - Licenses issued as of March 1st; term

The annual license granted under this chapter shall be dated as of the first day of March and be good for one year from date. All such persons, firms, associations, or corporations beginning the business herein described after the first day of March in any year shall pay a proportionate part of the privilege tax herein required.
Codes, 1930, § 4000; 1942, § 5602; Laws, 1928, ch. 197.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 37 - BURIAL ASSOCIATIONS (§§ 83-37-1 — 83-37-35) › Section 83-37-29 - Penalties; funding of agency expenses; deposit of monies into State General Fund

Any person, firm, association, or corporation engaging in the business herein described without first having complied with the provisions hereof, or any person who shall knowingly make any false statement in the reports required by this chapter as determined by the Commissioner of Insurance after written notice and hearing, shall be assessed a penalty for each violation of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00), and in addition thereto shall forfeit the license to do business in this state. Funds from such penalties shall be deposited with the State Treasurer to be placed in a fund 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, 1930, § 4001; 1942, § 5603; Laws, 1928, ch. 197; Laws, 1991, ch. 450 § 1, eff. 3/26/1991.
Amended by Laws, 2016, ch. 459, SB 2362, 33, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 37 - BURIAL ASSOCIATIONS (§§ 83-37-1 — 83-37-35) › Section 83-37-31 - Receivership

Should the insurance commissioner find that any person, firm, association, or corporation engaged in the business herein described has refused to pay any just claim or demand based on the contracts, or that he or they be unable to pay same after the claim or demand has been legally determined to be just and outstanding, or fail to comply with any of the licensing provisions of this chapter, the commissioner shall notify the Attorney General. The Attorney General shall apply to the chancery court for a receivership to wind up the business of such person, firm, association, or corporation, shall represent the interest of all claimants under such contracts, and shall have a right of action for the use and benefit of the claimants against the bond or security herein required for the full amount of all such claims, together with all necessary costs of such receivership.
Codes, 1930, § 4002; 1942, § 5604; Laws, 1928, ch. 197; Laws, 2001, ch. 378, § 1, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 37 - BURIAL ASSOCIATIONS (§§ 83-37-1 — 83-37-35) › Section 83-37-33 - Scope of this chapter

This chapter shall not apply to any labor union or labor union organization, whether organized in this state or not, making contracts with its members to pay money or provide funeral expenses in the event of the death of any member or any member's family. Nor shall it apply to any duly organized fraternal order making contracts with its bona fide members to pay money or provide funeral expenses in the event of the death of any such bona fide members, provided such fraternal organization do not make such contracts for profit. Nor shall it apply to any duly organized church or church associations or societies making such contracts with its bona fide members only, and not making such contracts for profit.
Codes, 1930, § 4003; 1942, § 5605; Laws, 1928, ch. 197.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 37 - BURIAL ASSOCIATIONS (§§ 83-37-1 — 83-37-35) › Section 83-37-35 - Promulgation of rules and regulations regulating sale and solicitation of burial contracts; cease and desist orders

The Commissioner of Insurance is hereby authorized to promulgate rules and regulations to the extent necessary to regulate the sale and solicitation of burial contracts and in addition may issue a cease and desist order and conduct hearings on any association or individual who is deemed to be in violation of Section
83-37-29
.
Laws, 1991, ch. 450 § 2, eff. 3/26/1991.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 38 - MISSISSIPPI RESIDENTIAL PROPERTY INSURANCE UNDERWRITING ASSOCIATION LAW (§§ 83-38-1 — 83-38-29) › Section 83-38-1 - Purpose of chapter

The Legislature finds that an adequate market for fire and extended coverage insurance is necessary to the economic welfare of the State of Mississippi and that without adequate and affordable insurance the orderly growth and development of the State of Mississippi is severely impeded; that insurance upon residential property in Mississippi is necessary; that while the need for such insurance is increasing, the market for such insurance is not adequate; and that the existing Mississippi Rural Risk Underwriting Association Law that provides a residual market for residential property insurance in rural areas of the state should be expanded to provide a residual market for residential property insurance in both rural areas and other areas of the state. It is the purpose of this chapter to provide a mandatory program to assure an adequate market for residential fire and extended coverage insurance in both the rural and other areas of Mississippi.
Laws, 1987, ch. 422, § 35; Laws, 2003, ch. 533, § 1, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 38 - MISSISSIPPI RESIDENTIAL PROPERTY INSURANCE UNDERWRITING ASSOCIATION LAW (§§ 83-38-1 — 83-38-29) › Section 83-38-5 - Mississippi Residential Property Insurance Underwriting Association

The Mississippi Rural Risk Insurance Association is modified and expanded as provided in this chapter and shall hereafter be known as the Mississippi Residential Property Insurance Underwriting Association. The Mississippi Residential Property Insurance Underwriting Association shall consist of all insurers authorized to write and engaged in writing property insurance within this state on a direct basis. Every such insurer shall be a member of the association and shall remain a member of the association so long as the association is in existence, as a condition of its authority to continue to transact the business of insurance in this state.
Laws, 1987, ch. 422, § 37; Laws, 2003, ch. 533, § 3, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 38 - MISSISSIPPI RESIDENTIAL PROPERTY INSURANCE UNDERWRITING ASSOCIATION LAW (§§ 83-38-1 — 83-38-29) › Section 83-38-7 - Powers of association

The association, pursuant to the provisions of this chapter and the plan of operation and with respect to essential property insurance on insurable property, shall have the power on behalf of its members:
(a)
To cause to be issued policies of insurance to applicants;
(b)
To assume reinsurance from its members;
(c)
To cede reinsurance to its members and to purchase reinsurance in behalf of its members.
Laws, 1987, ch. 422, § 38, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 38 - MISSISSIPPI RESIDENTIAL PROPERTY INSURANCE UNDERWRITING ASSOCIATION LAW (§§ 83-38-1 — 83-38-29) › Section 83-38-9 - Association board of directors

(1)
The Board of Directors of the Mississippi Rural Risk Underwriting Association serving on July 1, 2003, shall serve as the Board of Directors of the Mississippi Residential Property Insurance Underwriting Association until such time as new directors are elected or appointed as provided in the plan of operation. The permanent board shall consist of five (5) representatives of members of the association and two (2) agents from the state. The agent board members shall be appointed annually by the Commissioner of Insurance.
(2)
Members of the board shall serve without salary, but shall receive per diem compensation under Section
25-3-69
while attending to business of the association; members shall be reimbursed for travel expenses incurred in the discharge of their duties; all per diem compensation and travel reimbursement shall be approved by the board prior to being incurred.
Laws, 1987, ch. 422, § 39; Laws, 2003, ch. 533, § 4, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 38 - MISSISSIPPI RESIDENTIAL PROPERTY INSURANCE UNDERWRITING ASSOCIATION LAW (§§ 83-38-1 — 83-38-29) › Section 83-38-11 - Benefits and obligations of association members; determination of participation

All members of the association shall participate in its writings, expenses, profits, and losses in the proportion that the net direct premium of such member written in this state during the preceding calendar year bears to the aggregate net direct premiums written in this state by all members of the association, as certified to the association by the commissioner after review of annual statements, other reports, and any other statistics the commissioner shall deem necessary to provide the information herein required and which the commissioner is hereby authorized and empowered to obtain from any member of the association.
A member shall receive credit annually for essential property insurance voluntarily written in rural and coastal areas, and its participation in the writings of the association shall be reduced in accordance with the provisions of the plan of operation.
The participation of each member in the association shall be determined annually.
Laws, 1987, ch. 422, § 40; Laws, 2003, ch. 533, § 5, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 38 - MISSISSIPPI RESIDENTIAL PROPERTY INSURANCE UNDERWRITING ASSOCIATION LAW (§§ 83-38-1 — 83-38-29) › Section 83-38-13 - Association plan of operation; approval and certification; amendment

(1)
The directors of the association shall maintain a plan of operation to carry out the purposes of this chapter. Such plan shall grant proper credit annually to each member of the association for essential property insurance voluntarily written in the rural and coastal areas of the state, shall provide for a method of computing rates that is actuarially sound and shall provide for the efficient, economical, fair and nondiscriminatory administration of the association. The plan may include a method for assessment of all members for expenses necessary to operate the association, selection of directors from the members of the association, assessment of members to defray losses and expenses, underwriting standards, procedures for the acceptance and cession of reinsurance, procedures for determining the amount of insurance to be provided to specific risks, time limits and procedures for processing applications for insurance, and other provisions as may be deemed necessary by the commissioner to carry out the purposes of this chapter.
(2)
The plan of operation and any proposed amendments thereto are subject to review and approval by the commissioner to fulfill the purposes provided by Section
83-38-1
. In the review of the plan, the commissioner may consult with the directors of the association and may seek any further information which is necessary for a decision. If the commissioner approves the plan, the commissioner shall certify such approval to the directors, and the plan shall become effective after such certification. If the commissioner disapproves all or any part of the plan of operation, the commissioner shall return the same to the directors with a written statement of the reasons for disapproval and any recommendations. The directors may alter the plan in accordance with the commissioner's recommendation or, within thirty (30) days from the date of disapproval, may return a new plan to the commissioner. Should the directors fail to submit a proposed plan of operation which is acceptable to the commissioner, or accept the recommendation of the commissioner within thirty (30) days after disapproval of the plan, the commissioner shall promulgate and place into effect a plan of operation certifying the same to the directors of the association. A plan promulgated by the commissioner shall take effect thirty (30) days after certification to the directors.
(3)
The directors of the association, subject to the approval of the commissioner, may amend the plan of operation at any time. The commissioner may review the plan of operation at any time deemed expedient or prudent, but not less than once in each calendar year.
Laws, 1987, ch. 422, § 41; Laws, 2003, ch. 533, § 6, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 38 - MISSISSIPPI RESIDENTIAL PROPERTY INSURANCE UNDERWRITING ASSOCIATION LAW (§§ 83-38-1 — 83-38-29) › Section 83-38-15 - Application for coverage; forms; commission; issuance of policy; renewal

(1)
Any person having an insurable interest in insurable property is entitled to apply to the association for such coverage and for an inspection of the property. Such application may be made on behalf of the applicant by a broker or agent licensed in Mississippi authorized by him. Every such application shall be submitted on forms prescribed by the association after consultation with the commissioner. The application shall contain an inquiry as to whether there are unpaid premiums due from the applicant for fire insurance on the property.
The commission paid to the submitting broker or agent shall be equal to ten percent (10%) of the premium collected.
(2)
If the association determines that the property is insurable and that there is no unpaid premium due from the applicant for prior insurance on the property, the association, upon receipt of the premium or such portion thereof as is prescribed in the plan of operation, shall cause to be issued a policy of essential property insurance for a term of one (1) year. Any policy issued pursuant to the provisions of this section shall be renewed annually so long as:
(a)
The property continues to meet the definition of "insurable property" set forth in Section
83-38-3(e)
;
(b)
A properly completed application for renewal shall have been received by the association on or before the date of renewal; and
(c)
Property premiums have been received by the association on or before the date of renewal.
(3)
If the association for any reason denies an application and refuses to cause to be issued an insurance policy on insurable property to any applicant, or takes no action on an application within the time prescribed in the plan of operation, the applicant may appeal to the commissioner. The commissioner or a member of the staff of the Insurance Department designated by the commissioner, after reviewing the facts, may determine if the association acted in accordance with the law and the plan of operation. In carrying out the duties pursuant to this section, the commissioner may request, and the association shall provide, any information deemed necessary to a determination concerning the reasons for the denial or delay of the application.
Laws, 1987, ch. 422, § 42; Laws, 2003, ch. 533, § 7, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 38 - MISSISSIPPI RESIDENTIAL PROPERTY INSURANCE UNDERWRITING ASSOCIATION LAW (§§ 83-38-1 — 83-38-29) › Section 83-38-17 - Rate requirements

The forms, rates, rating plans, and rating rules applicable to the insurance written by the association shall be those approved for use of the association by the commissioner. Surcharges may be used as approved by the commissioner. Rates shall be actuarially sound and nondiscretionary as to the same class of risk.
Laws, 1987, ch. 422, § 43; Laws, 2003, ch. 533, § 8, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 38 - MISSISSIPPI RESIDENTIAL PROPERTY INSURANCE UNDERWRITING ASSOCIATION LAW (§§ 83-38-1 — 83-38-29) › Section 83-38-19 - Appeals to commissioner by persons aggrieved; related procedures; subsequent appeals to Chancery Court

Any person insured pursuant to this chapter, or his representative, or any affected insurer who may be aggrieved by an act, ruling, or decision of the association, within thirty (30) days after such ruling, is entitled to appeal to the commissioner. A hearing before the commissioner upon such appeal shall be in accordance with the procedures promulgated by the commissioner. The commissioner is authorized to appoint a member of the Insurance Department staff for the purpose of hearing such appeals, and a ruling based upon such hearing shall have the same effect as if heard by the commissioner. All persons or insureds aggrieved by any order or decision of the commissioner may appeal, within thirty (30) days of such order or decision to the Chancery Court of the First Judicial District of Hinds County.
Laws, 1987, ch. 422, § 44, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 38 - MISSISSIPPI RESIDENTIAL PROPERTY INSURANCE UNDERWRITING ASSOCIATION LAW (§§ 83-38-1 — 83-38-29) › Section 83-38-21 - Availability of reports on inspections by association

All reports of inspection performed by or on behalf of the association are available to the members of the association, applicants, agents, brokers and the commissioner.
Laws, 1987, ch. 422, § 45; Laws, 2003, ch. 533, § 9, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 38 - MISSISSIPPI RESIDENTIAL PROPERTY INSURANCE UNDERWRITING ASSOCIATION LAW (§§ 83-38-1 — 83-38-29) › Section 83-38-23 - Nonliability of commissioner, association, or insurers for good faith statements

There shall be no liability on the part of and no cause of action of any nature shall arise against the Commissioner of Insurance or any of his staff, the association or its directors, agents or employers, or against any participating insurer for any inspections made hereunder or any statements made in good faith by them in any reports or communications concerning risks submitted to the association, or at any administrative hearings conducted in connection therewith under the provisions of this chapter.
Laws, 1987, ch. 422, § 46, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 38 - MISSISSIPPI RESIDENTIAL PROPERTY INSURANCE UNDERWRITING ASSOCIATION LAW (§§ 83-38-1 — 83-38-29) › Section 83-38-25 - Annual summary of association activity

The association shall file in the office of the commissioner on or before March 1 of each year a statement which summarizes the transactions, conditions, operations and affairs of the association during the preceding fiscal year ending December 31. The statement shall contain such matters and information and be in a form prescribed by the commissioner. At any time the commissioner may require the association to furnish any additional information with respect to its transactions or any other matter which the commissioner deems to be material in evaluating the operation and experience of the association.
Laws, 1987, ch. 422, § 47, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 38 - MISSISSIPPI RESIDENTIAL PROPERTY INSURANCE UNDERWRITING ASSOCIATION LAW (§§ 83-38-1 — 83-38-29) › Section 83-38-27 - Examination of association affairs; public hearings; related expenses borne by association

The commissioner may make an examination into the affairs of the association at any time. In undertaking such examination, the commissioner is empowered to hold a public hearing. The expenses of such examination shall be borne and paid by the association.
Laws, 1987, ch. 422, § 48, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 38 - MISSISSIPPI RESIDENTIAL PROPERTY INSURANCE UNDERWRITING ASSOCIATION LAW (§§ 83-38-1 — 83-38-29) › Section 83-38-29 - Rules and regulations

The commissioner is empowered to make reasonable rules and regulations, not inconsistent with law, to enforce, carry out, and make effective the provisions of this chapter.
Laws, 1987, ch. 422, § 49, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 39 - BAIL BONDS AND BONDSMEN (§§ 83-39-1 — 83-39-31) › Section 83-39-5 - License requirements

Any person desiring to engage in the business of professional bail agent, soliciting bail agent, or bail enforcement agent in this state shall apply to the department for a license on forms prepared and furnished by the department. The application for a license, or renewal thereof, shall set forth, under oath, the following information:
(a)
Full name, age, date of birth, social security number, residence during the previous five (5) years, occupation and business address of the applicant.
(b)
Spouse's full name, occupation and business address.
(c)
A photograph of the applicant and a full set of fingerprints for the initial application and, thereafter, as requested by the department.
(d)
A statement that he is not licensed to practice law in the State of Mississippi or any other state and that no attorney or any convicted felon has any interest in his application, either directly or indirectly.
(e)
Any other information as may be required by this chapter or by the department.
(f)
In the case of a professional bail agent, a statement that he will actively engage in the bail bond business.
(g)
In the case of a soliciting bail agent, a statement that he will be employed or used by only one (1) professional bail agent and that the professional bail agent will supervise his work and be responsible for his conduct in his work. A professional bail agent shall sign the application of each soliciting bail agent employed or used by him.
Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section
93-11-64
, Mississippi Code of 1972.
Codes, 1942, § 8745-03; Laws, 1968, ch. 341, § 3; Laws, 1994, ch. 495, § 3; Laws, 1997, ch. 410, § 20; Laws, 1997, ch. 588, § 71; Laws, 2007, ch. 501, § 4, eff. 6/1/2007.