Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 21 - FOREIGN COMPANIES (§§ 83-21-1 — 83-21-51) › GENERAL PROVISIONS (§§ 83-21-1 — 83-21-31) › Section 83-21-19 - Resident and nonresident surplus lines insurance producers; licensing; fees; suspension, revocation or refusal of license; grounds; notice; hearing

(1)
Surplus lines insurance may be placed by a surplus lines insurance producer if:
(a)
Each insurer is an eligible surplus lines insurer;
(b)
Each insurer is authorized to write the line of insurance in its domiciliary jurisdiction; and
(c)
All other requirements as set forth by law are met.
(2)
The Commissioner of Insurance, upon the biennial payment of a fee of One Hundred Dollars ($100.00) and submission of a completed license application on a form approved by the commissioner, may issue a surplus lines insurance producer license to a qualified holder of an insurance producer license with a property, casualty and/or personal lines line of authority, who is regularly commissioned to represent a fire and casualty insurance company licensed to do business in the state.
(3)
The privilege license shall continue from the date of issuance until the last day of the month of the licensee's birthday in the second year following issuance or renewal of the license, with a minimum term of twelve (12) months.
(4)
A nonresident person shall receive a surplus lines insurance producer license if:
(a)
The person is currently licensed as a surplus lines insurance producer or equivalent and in good standing in his or her home state;
(b)
The person has submitted the proper request for licensure and has paid the biennial fee of One Hundred Dollars ($100.00); and
(c)
The person's home state awards nonresident surplus lines licenses to residents of this state on the same basis.
(5)
The commissioner may verify a person's licensing status through the National Producer Database maintained by the National Association of Insurance Commissioners, its affiliates or subsidiaries.
(6)
A nonresident surplus lines insurance producer licensee who moves from one (1) state to another state, or a resident surplus lines licensee who moves from this state to another state, shall file a change of address and provide certification from the new resident state within thirty (30) days of the change of legal residence. No fee or license application is required.
(7)
The commissioner may deny, suspend, revoke or refuse the license of a surplus lines insurance producer licensee and/or levy a civil penalty in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500.00) per violation, after notice and hearing as provided hereunder, for one or more of the following grounds:
(a)
Providing incorrect, misleading, incomplete or materially untrue information in the license application;
(b)
Violating any insurance laws, or violating any regulation, subpoena or order of the commissioner or of another state's commissioner;
(c)
Obtaining or attempting to obtain a license through misrepresentation or fraud;
(d)
Improperly withholding, misappropriating or converting any monies or properties received in the course of doing the business of insurance;
(e)
Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance;
(f)
Having been convicted of a felony;
(g)
Having admitted or been found to have committed any insurance unfair trade practice or fraud;
(h)
Using fraudulent, coercive or dishonest practices or demonstrating incompetence, untrustworthiness or financial irresponsibility in the conduct of business in this state or elsewhere;
(i)
Having an insurance producer license, or its equivalent, denied, suspended or revoked in any other state, province, district or territory;
(j)
Forging another's name to an application for insurance or to any document related to an insurance transaction;
(k)
Improperly using notes or any other reference material to complete an examination for an insurance license;
(l)
Knowingly accepting insurance business from an individual who is not licensed;
(m)
Failing to comply with an administrative or court order imposing a child support obligation; or
(n)
Failing to pay state income tax or comply with any administrative or court order directing payment of state income tax.
(8)
If the action by the commissioner is to nonrenew, suspend, revoke or to deny an application for a license, the commissioner shall notify the applicant or licensee and advise, in writing, the applicant or licensee of the reason for the denial or nonrenewal of the applicant's or licensee's license. The applicant or licensee may make written demand upon the commissioner within ten (10) days for a hearing before the commissioner to determine the reasonableness of the commissioner's action. The hearing shall be held within thirty (30) days.
(9)
Every surplus lines insurance contract procured and delivered according to Sections
83-21-17
through
83-21-31
shall have stamped upon it in bold ten-point type, and bear the name of the surplus lines insurance producer who procured it, the following: "NOTE: This insurance policy is issued pursuant to Mississippi law covering surplus lines insurance. The company issuing the policy is not licensed by the State of Mississippi, but is authorized to do business in Mississippi as a nonadmitted company. The policy is not protected by the Mississippi Insurance Guaranty Association in the event of the insurer's insolvency." No diminution of the license fee herein provided shall occur as to any license effective after January 1 of any year.
Codes, 1906, § 2609; Hemingway's 1917, § 5072; 1930, § 5195; 1942, § 5705-02; Laws, 1954, ch. 307, § 2; Laws, 1958, ch. 448, § 1; Laws, 1966, ch. 532, § 1; Laws, 1977, ch. 397; Laws, 1988, ch. 526, § 9; Laws, 2000, ch. 606, § 1; Laws, 2009, ch. 448, § 13; Laws, 2011, ch. 380, § 3, eff. 3/11/2011.
Amended by Laws, 2017, ch. 339, HB 447, 1, eff. 7/1/2017.