reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 4 - Automobile Insurance › Chapter 3 - Mississippi Automobile Insurance Plan › Rule 19-4-3.17 - Right of Appeal

Current through June 25, 2024
The Committee may hear any appeal from an applicant, insured,
				  producer, or insurer on a matter pertaining to the proper administration of the
				  Plan. Each Notice of Cancellation or denial of insurance under the provisions
				  of the Plan shall contain or be accompanied by a statement that the insured or
				  applicant has a right to appeal to the Committee within thirty (30) days from
				  the date of cancellation, or denial of insurance. The action of the Committee
				  may be appealed to the Commissioner of Insurance within thirty (30) days from
				  the date of action by the Committee.
The Plan shall promptly notify the company, the insured or
				  the applicant, and the producer of record, of the disposition of the appeal,
				  which notification in the case of refusal to sustain a cancellation shall
				  include notice that upon payment of the deposit premium to the company a policy
				  or binder will be issued.
An appeal shall not operate as stay of cancellation,
				  provided, however, that if either the Committee or the Commissioner of
				  Insurance refuses to sustain the cancellation, the company which issued the
				  policy or binder shall, within two working days after receipt of the deposit
				  premium, provided such deposit premium is received within thirty (30) days
				  after determination of the appeal, issue a new policy or binder effective for a
				  period of one year from the date of issuance of such new policy or binder. The
				  balance of the premium shall be payable as provided in the Plan of Operation
				  Personal Automobile Part and the Plan of Operation Commercial Automobile
				  Part.
Miss. Code Ann.
				  §
										63-15-65 (Rev. 2004).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 4 - Automobile Insurance › Chapter 3 - Mississippi Automobile Insurance Plan › Rule 19-4-3.18 - Re-eligibility

Current through June 25, 2024
An applicant denied insurance under the Plan or cancelled by
				  the Plan or CAIP servicing carrier may reapply to the Plan as provided in the
				  Plan of Operation.
Miss. Code Ann.
				  §
										63-15-65 (Rev. 2004).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 4 - Automobile Insurance › Chapter 3 - Mississippi Automobile Insurance Plan › Rule 19-4-3.19 - Commission

Current through June 25, 2024
Unless other arrangements have been made with the Insurance
				  Department the compensation under the Plan shall be a percentage as provided in
				  the Plan of Operation. On any risk rated and domiciled outside of this state,
				  the licensed producer may be paid only that portion of the producer's
				  commission which is permissible under the laws of the state in which the risk
				  is rated and domiciled.
Miss. Code Ann.
				  §
										63-15-65 (Rev. 2004).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 4 - Automobile Insurance › Chapter 3 - Mississippi Automobile Insurance Plan › Rule 19-4-3.20 - Amendment of Plan

Current through June 25, 2024
Subject to the approval of the Commissioner of Insurance, the
				  Plan may be amended by the Committee by a majority vote taken at a Committee
				  meeting or teleconference or by mail vote.
In the event a mail vote is conducted, the mail ballot
				  containing any proposed amendment shall be mailed to the Committee not less
				  than ten (10) days prior to the final date fixed for voting thereon. If a
				  Committee member does not respond on or by the final voting date, its vote
				  shall be considered affirmative on the proposed amendment.
Miss. Code Ann.
				  §
										63-15-65 (Rev. 2004).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 4 - Automobile Insurance › Chapter 3 - Mississippi Automobile Insurance Plan › Rule 19-4-3.21 - Separability

Current through June 25, 2024
If any provision of this regulation or its application to any
				  person or circumstance is for any reason held to be invalid by any court of
				  law, the remainder of the regulation and its application to other persons or
				  circumstances shall not be affected.
Miss. Code Ann.
				  §
										83-5-1 (Rev. 2011).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 4 - Automobile Insurance › Chapter 3 - Mississippi Automobile Insurance Plan › Rule 19-4-3.22 - Examination Oversight

Current through June 25, 2024
The Commissioner or any of his appointed examiners may
				  conduct an examination of the Plan under the procedures set forth under
Miss. Code Ann
. §
									83-5-201, et. seq. (as amended) as often
				  as the Commissioner, in his or her sole discretion, deems appropriate. The cost
				  of such examination shall be borne in full by the Plan.
Miss. Code Ann.
				  §§
										63-15-65 (Rev. 2004); 83-5-1 (Rev. 2011); 83-5-201 through 83-5215
				  (Rev. 2011).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 4 - Automobile Insurance › Chapter 4 - Regulation of Vehicle Service Contracts › Rule 19-4-4.01 - Authority and Purpose

Current through June 25, 2024
A. This regulation
				is adopted and promulgated pursuant to the authority granted by
Miss.
				Code Ann.
§
									83-65-101, et
				seq. (Rev. 2011), Regulation of Vehicle Service Contracts, and in accordance
				with the provisions of The Mississippi Administrative Procedures Law,
Miss. Code Ann.
§
									25-43-1.101,
				et seq., and the Mississippi Insurance Department Regulation found at
Miss. Admin. Code,
Part 1, Chapter 15, which regulation is
				entitled, "Rules of Practice and Procedure Before the Mississippi Insurance
				Department."
B. The purpose of
				this regulation is to set forth rules and procedural requirements which the
				Commissioner of Insurance deems necessary for consistent regulation of vehicle
				service contracts, companies and entities engaged in the marketing and selling
				of these contracts in the State of Mississippi, and to ensure that there is
				clear guidance concerning the rules of the Mississippi Insurance Department
				pertaining to the regulation of vehicle service contracts.
Miss. Code Ann.
				  §§
										83-65-101, et
				  seq. and 25-43-1.101, et seq. (Rev. 2011) and Miss. Admin. Code Part 1, Chapter
				  15.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 4 - Automobile Insurance › Chapter 4 - Regulation of Vehicle Service Contracts › Rule 19-4-4.02 - Scope

Current through June 25, 2024
A. This regulation shall apply to all
				entities, individuals, and persons engaged in the selling and marketing of
				vehicle service contracts as defined
in Miss. Code Ann.
§
									83-65-103.
				However, in accordance with
Miss. Code Ann.
§
									83-65-101,
				this regulation shall not apply to motor vehicle manufacturers' warranties.
B. Vehicle service contracts,
				including the marketing, sale, offering for sale, insurance, making, proposing
				to make, and administration of vehicle service contracts by providers, sellers,
				and other persons, are governed exclusively by
Miss. Code Ann.
§
									83-65-101,
et seq.
Other statutes are not applicable to Vehicle Service
				Contracts except as specifically provided in
Miss. Code Ann.
§
									83-65-101,
et seq.
Miss. Code Ann. §
										83-65-101, et
				  seq. (Rev. 2011).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 4 - Automobile Insurance › Chapter 4 - Regulation of Vehicle Service Contracts › Rule 19-4-4.03 - Licensing

Current through June 25, 2024
Except for the filing requirements in
Miss. Code
				  Ann.
§
									83-65-101,
et seq.,
providers, sellers, and other persons marketing,
				  selling, or offering to sell vehicle service contracts are exempt from any
				  licensing or registration requirements of Title 83 of the Mississippi Code.
Miss. Code Ann. §
										83-65-101, et
				  seq. (Rev. 2011).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 4 - Automobile Insurance › Chapter 4 - Regulation of Vehicle Service Contracts › Rule 19-4-4.04 - Cancellation

Current through June 25, 2024
A. Cancellation by Service Contract Holder
1. Cancellation by a Service Contract Holder
				shall require the Service Contract Provider to permit the Service Contract
				Holder to return the vehicle service contract within twenty (20) days of the
				date the vehicle service contract was mailed to the Service Contract Holder,
				within ten (10) days of delivery if the vehicle service contract was delivered
				to the Service Contract Holder at the time of sale, or within a longer time
				period permitted under the vehicle service contract. Upon return of the vehicle
				service contract to the Service Contract Provider within the applicable time
				period, if no claim has been made under the vehicle service contract prior to
				its return to the Service Contract Provider, the vehicle service contract will
				be voided, and the Service Contract Provider will refund to the Service
				Contract Holder, or credit to the account of the Service Contract Holder, the
				full purchase price of the vehicle service contract. The right to void the
				vehicle service contract provided in this subsection is not transferrable,
				applies only to the original Service Contract Holder, and is allowed only when
				no claim has been made prior to its return to the Service Contract Provider. A
				ten percent (10%) penalty per month shall be added to a refund that is not paid
				or credited within forty-five (45) days after return of the vehicle service
				contract to the Service Contract Provider.
2. Subsequent to the time period specified in
				subsection (1), or if a claim has been made under the vehicle service contract
				within that time period, a Service Contract Holder may cancel the vehicle
				service contract, and the Service Contract Provider shall refund to the Service
				Contract Holder one hundred percent (100%) of the unearned pro rata purchase
				price of the vehicle service contract, less the amount of any claims paid. A
				reasonable administrative fee may be charged by the Service Contract Provider
				not to exceed ten percent (10%) of the gross service contract provider fee paid
				by the Service Contract Holder.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 4 - Automobile Insurance › Chapter 4 - Regulation of Vehicle Service Contracts › Rule 19-4-4.05 - Severability

Current through June 25, 2024
If any section or portion of a section of this regulation,
				  or the application thereof to any person or circumstance, is held to be invalid
				  by a court of competent jurisdiction, such determination shall not affect any
				  other provision or application of this regulation which can be given effect
				  without the invalid provision or application. To this end the provisions of
				  this regulation are severable.
Miss Code Ann.
				  §§
										83-65-101, et
				  seq. (Rev. 2011).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 4 - Automobile Insurance › Chapter 4 - Regulation of Vehicle Service Contracts › Rule 19-4-4.06 - Effective Date

Current through June 25, 2024
This Regulation shall become effective thirty (30) days
				  after filing in the Office of the Secretary of State.
Miss Code Ann.
				  §§
										83-65-101, et
				  seq. and 25-43.3.113 (Rev. 2011).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 1 - (F&C 61-1) Notice To All Fire And Casualty Insurance Companies › Rule 19-5-1.01 - Fire and Casualty Companies; Requirement to Notify Commissioner

Current through June 25, 2024
WHEREAS, under date if July 15, 1960, the Commissioner of
				  Insurance requested all fire and casualty insurance companies to notify their
				  agents that failure by an agent to remit premiums due a company when such
				  premiums had been collected from an insured would subject such agent to a
				  hearing for revocation of license under the provisions of Section 5723-04,
				  Mississippi Code of 1942, Recompiled.
WHEREAS, it is evident that the situation which prompted such
				  notice has not improved but rather has become more acute, and as a result the
				  insurance buying public is being subjected to cancellation of insurance by
				  companies in an effort to reduce balances owed by delinquent agents.
IT IS THE POSITION OF THE DEPARTMENT that any fire or
				  casualty insurance company operating in Mississippi which fails to report to
				  the Department the name of any agent whose account is habitually in arrears in
				  violation of his agency contract shall be considered as aiding and abetting a
				  possible insolvency.
IT IS, THEREFORE, ORDERED that any fire or casualty insurance
				  company failing to so report an agency delinquency as above outlined, and
				  resorting to cancellation of outstanding policies written through said agency
				  for the purpose of reducing the agency balance, shall be subject to a hearing
				  to show cause why the license of said company should not be revoked.
SO ORDERED THIS 15th DAY OF JUNE,
				  1961.
Miss. Code
				  Ann.§§
										83-5-1
				  & 83-17-71 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 2 - (FR 68-1) Filing Regulations › Rule 19-5-2.01 - General

Current through June 25, 2024
A. The Mississippi Insurance Commission meets
				regularly on the 3rd Friday of each month for the
				purpose of carrying out their duties in the regulation of rates, rules, and
				forms for fire, casualty and inland marine insurance. Filings to be considered
				should contain all information as outlined below, and should be received in the
				offices of the Commission at least 14 days prior to the Commission Meeting and
				should be addressed as follows:
Robert G. Gibson, Director
Mississippi Insurance Commission
P O Box 2306
Jackson, Mississippi 39205
B. In submitting fire, casualty, and/or
				inland marine forms and rate filings, all insurers and rating organizations
				shall use the following procedure and all filings must be accompanied by a
				letter of transmittal, said letter in duplicate and containing the following:
1. The company name and complete mailing
				address to which correspondence shall be sent.
2. Complete the Mississippi Worksheet for all
				rate filings.
3. A "Re" or
				"Caption" briefly describing the context of the material filed.
4. A complete description and explanation of
				the changes made by the filing. (The mere fact that a similar filing may have
				been previously approved for another insurer or rating organization will not
				suffice as an adequate explanation of a filing.)
5. A statement to identify the form or manual
				page to be replaced by the filing including previous approval and effective
				date.
6. A detailed discussion of
				the basis upon which the filing is supported. Filingswhich propose a change in
				a presently filed rate level should be supplemented by an exhibit or exhibits,
				where available, showing the company's experience on a basis which supports the
				proposed change.
7. If statistical
				information is not available to fully support a filing, the company must give a
				complete explanation of the factors considered to justify the filing.
8. The proposed "rule of application" or
				"effective date" which would be used by the company if the filing were
				approved.
9. If a filing is
				identical with a filing made by a rating organization or independent filing
				company, it should be so indicated in the transmittal letter.
10. A statement signed by an authorized
				representative of the insurer who is familiar with the applicable laws and
				rules and regulations wherein it is certified that to the best of his
				knowledge, information and belief, the filings submitted are in compliance in
				all respects with the provisions of the insurance laws and rules and regulation
				of this state.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 2 - (FR 68-1) Filing Regulations › Rule 19-5-2.02 - Fire and Allied Lines

Current through June 25, 2024
The Mississippi Fire Rating Law requires that all stock fire
				  insurance companies doing business in this state be members of the Mississippi
				  State Rating Bureau. Non-stock companies may subscribe. Information relative to
				  membership or subscribership should be obtained from Mr. C. B. Egger, Manager,
				  Mississippi State Rating Bureau, P. O. Box 5231, Jackson, Mississippi.
				  Non-stock companies, not electing to subscribe to the bureau, are required to
				  file their rates and schedules with the Mississippi Insurance Commission for
				  approval.
Miss. Code Ann.§
										83-2-1,
				  et seq.(Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 2 - (FR 68-1) Filing Regulations › Rule 19-5-2.03 - Casualty

Current through June 25, 2024
The Mississippi Casualty Rating Law follows substantially the
				  Commissioners' prior-approval-type bill and applies to all casualty lines
				  including all forms of motor vehicle insurance except: "Re-insurance; title
				  insurance, credit insurance; accident and health insurance; or insurance
				  against risks or liability (other than workman's compensation and employers'
				  liability) arising out of the ownership, maintenance, or use of
				  aircraft."
A. Individual risk rating
				plans must comply with the following requirements:
1. Each such plan must be filed with the
				commission for approval and must specify the kind of insurance or subdivision
				or combination thereof, to which the plan applies.
2. Each such plan must establish standards
				which bear a relationship to the variation in hazard and/or expense to be
				measured.
3. Any such plan must be
				applied to all eligible risks, and must be applied by company representatives
				responsible for underwriting the risk(s) involved.
4. Each company utilizing such plans must
				obtain all information necessary to determine the proper application of such
				plans to any particular risk. Such supporting information shall be retained by
				the company and made available to the commission upon request.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 2 - (FR 68-1) Filing Regulations › Rule 19-5-2.04 - Inland Marine

Current through June 25, 2024
A. Marine and /or
				transportation policies may cover under the following conditions:
1. Imports.
Imports may be covered wherever the property may be and
				  without restriction as to time, provided the coverage of the issuing companies
				  includes hazards of transportation.
An import, as a proper subject, of marine or transportation
				  insurance, shall be deemed to maintain its character as such, so long as the
				  property remains segregated in such a way that it can be identified and has not
				  become incorporated and mixed with the general mass of property in the United
				  States, and shall be deemed to have been completed when such property has
				  been:
a. sold and delivered by the
				importer, factor or consignee; or
b. removed from place of storage and placed
				on sale as part of importer's stock in trade at a point of sale-distribution;
				or
c. delivered for manufacture,
				processing or change in form to premises of the importer or of another used for
				any such purposes.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 2 - (FR 68-1) Filing Regulations › Rule 19-5-2.06 - Deviations

Current through June 25, 2024
A. Fire.
1.
				Members or Subscribers of the Mississippi State Rating Bureau desiring to
				deviate from approved rates of the said bureau may have their request
				considered by completing in detail the forms furnished by the Commission with
				carbon copy to the Bureau.
2.
				Deviations are approved for one year or less and expire annually on May 31.
				Forms for renewal are automatically mailed to each company in March.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 3 - (2006-2) Insurers to Inform Policyholders of Flood and Earthquake Exclusions in Homeowners and/or Windstorm Residential Policies › Rule 19-5-3.01 - Purpose

Current through June 25, 2024
The purpose of this Regulation is to set forth a requirement
				  that all property and casualty insurers who sell personal lines residential
				  property insurance coverage ("homeowners") and/or residential windstorm
				  property coverage ("windstorm") shall provide written notice to the
				  policyholder at the time of issuance of the policy and thereafter at each
				  renewal of any flood exclusion and/or earthquake exclusion in the homeowners
				  and/or windstorm residential insurance policy, and to further provide notice of
				  such exclusions directly within the Declarations Page(s) of each
				  policy.
Miss. Code
				  Ann.§§
										83-5-1;
				  83-5-29 through 83-5-51 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 3 - (2006-2) Insurers to Inform Policyholders of Flood and Earthquake Exclusions in Homeowners and/or Windstorm Residential Policies › Rule 19-5-3.02 - Authority

Current through June 25, 2024
This Regulation is promulgated by the Commissioner of
				  Insurance pursuant to the authority granted to him by
Miss. Code
				  Ann.
§§
									83-5-1;
				  83-5-29 through 83-5-51, as well as the provisions of Mississippi Department of
				  Insurance Regulation No. 88-101, said regulation being the Rules of Practice
				  and Procedure before the Mississippi Insurance Department.
Miss. Code
				  Ann.§§
										83-5-1;
				  83-5-29 through 83-5-51 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 3 - (2006-2) Insurers to Inform Policyholders of Flood and Earthquake Exclusions in Homeowners and/or Windstorm Residential Policies › Rule 19-5-3.03 - Scope

Current through June 25, 2024
This Regulation shall apply to all insurers selling
				  homeowners and/or windstorm residential property coverage insurance policies in
				  the State of Mississippi.
Miss. Code
				  Ann.§§
										83-5-1;
				  83-5-29 through 83-5-51 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 3 - (2006-2) Insurers to Inform Policyholders of Flood and Earthquake Exclusions in Homeowners and/or Windstorm Residential Policies › Rule 19-5-3.04 - Definitions

Current through June 25, 2024
A. "Insurer" means those companies subject to
				the jurisdiction of the Department as provided in
Miss. Code
				Ann.
§
									83-5-1
				(Rev. 1999), and which provide personal residential property insurance coverage
				in the State of Mississippi. The term insurer shall include eligible
				non-admitted insurers/surplus lines insurers doing business in Mississippi
				pursuant to
Miss. Code Ann.
§
									83-21-17, et
				seq. (Rev. 1999), the Mississippi Windstorm Underwriting Association (MWUA),
				and the Mississippi Residential Property Insurance Underwriting Association
				(MRPIUA).
B. "Homeowners coverage"
				means any personal lines residential property insurance coverage including any
				homeowner, dwelling, mobile home, tenant or condominium unit owner form of
				coverage. For the purposes of this Regulation, this shall include mobile home/
				manufactured housing property coverage.
C. "Windstorm coverage" means any personal
				lines residential property insurance coverage which provides insurance coverage
				for any loss due to a windstorm, hurricane or hail.
Miss. Code
				  Ann.§§
										83-5-1;
				  83-5-29 through 83-5-51 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 3 - (2006-2) Insurers to Inform Policyholders of Flood and Earthquake Exclusions in Homeowners and/or Windstorm Residential Policies › Rule 19-5-3.05 - Requirements

Current through June 25, 2024
A. An insurer shall, after January 1, 2007,
				provide at the time of issuance and thereafter at each time of renewal a notice
				that provides a statement that said policy contains a flood and/or earthquake
				exclusion. The notice shall be provided to the policyholder along with the
				insurance policy at the time of issuance of the policy, and thereafter shall be
				sent by first class mail at each time of renewal to the address of the
				policyholder as indicated by the records of the insurer. The notice should
				contain at a minimum the following language in 10-point print:
1. Flood Exclusion:
Your policy excludes coverage for damage caused by flooding
				  of all types. This exclusion may exclude any and all damages resulting from
				  storm surge from a hurricane, surface water, flash floods, waves, tidal water,
				  tidal waves, wind driven rain or water, or any other overflow of water, and
				  spray from any of these events. For further details, please see the language of
				  your policy. The language of your policy will control the obligations of the
				  parties.
2. You are further
				advised that to be covered for such a loss, you will have to obtain a separate
				flood insurance policy through the National Flood Insurance Program (NFIP).
				Your insurance agent or company representative can provide you with information
				regarding obtaining flood insurance from the NFIP and whether it is available
				in your location. The NFIP can provide both structure and contents
				coverage.
3. Earthquake Exclusion:
				(if applicable)
Your policy excludes coverage for any damages caused or
				  precipitated by an earthquake or earth movement. This exclusion generally
				  excludes all damages caused or in any way resulting from an earthquake, earth
				  movements, tremors and aftershocks, and also excludes earth movement, land
				  shock waves, aftershocks or tremors before, during or after a volcanic
				  eruption. For further details, please see the language of your policy. The
				  language of the policy will control the obligations of the parties.
You are further advised that to be covered for such a loss,
				  you will have to obtain a separate earthquake endorsement or special earthquake
				  policy. Not all insurance companies provide earthquake coverage. Your insurance
				  agent or company representative can provide you with information on coverage
				  for damage due to an earthquake.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 3 - (2006-2) Insurers to Inform Policyholders of Flood and Earthquake Exclusions in Homeowners and/or Windstorm Residential Policies › Rule 19-5-3.06 - Notice of Exclusion to be Stated on Declarations Page

Current through June 25, 2024
No later than January 1, 2007, each insurer shall clearly
				  provide within the main Declarations Page(s) of each policy, or attached to the
				  Declarations Page(s), a statement in 10-point print that informs the
				  policyholder that the policy contains a flood and/or earthquake exclusion. The
				  statement should include one or both of the following statements, whichever is
				  applicable:
"This policy contains a flood exclusion. Flood coverage may
				  be purchased separately from the National Flood Insurance Program, if available
				  in your area."
"This policy contains an earthquake exclusion. Contact your
				  agent for information concerning the availability of earthquake
				  coverage."
Miss. Code
				  Ann.§§
										83-5-1;
				  83-5-29 through 83-5-51 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 3 - (2006-2) Insurers to Inform Policyholders of Flood and Earthquake Exclusions in Homeowners and/or Windstorm Residential Policies › Rule 19-5-3.07 - Violations and Penalties

Current through June 25, 2024
Failure of an insurer writing homeowners and/or windstorm
				  coverage in this State to comply with a material provision of this regulation
				  shall be considered a violation of
Miss. Code Ann.
§
									83-5-17
				  and §§
									83-5-29
				  through
				  83-5-51
				  (Rev. 1999), but does not change the coverage selected and paid for by the
				  policyholder and does not in any way operate to expand coverage beyond the
				  terms of the insurance policy. Violation of said statutes may subject the
				  insurer to the suspension or revocation of the insurer's Certificate of
				  Authority, the imposition of an administrative fine, or both.
Miss. Code
				  Ann.§§
										83-5-1;
				  83-5-17; 83-5-29 through 83-5-51 (Rev.
				  2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 3 - (2006-2) Insurers to Inform Policyholders of Flood and Earthquake Exclusions in Homeowners and/or Windstorm Residential Policies › Rule 19-5-3.08 - Limitation of Regulation

Current through June 25, 2024
Nothing stated or required in this Regulation is intended to
				  change any insurance coverage selected and paid for by the policyholder and
				  does not in any way operate to expand coverage beyond the terms of the
				  insurance policy.
Miss. Code
				  Ann.§§
										83-5-29
				  through
				  83-5-51
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 3 - (2006-2) Insurers to Inform Policyholders of Flood and Earthquake Exclusions in Homeowners and/or Windstorm Residential Policies › Rule 19-5-3.09 - Severability

Current through June 25, 2024
If any section or portion of a section of this Regulation or
				  the application thereof is held by a court to be invalid, such invalidity shall
				  not affect any other provision of that section or application of the Regulation
				  which can be given effect without the invalid provision or application, and to
				  this end the provisions of the Regulation are declared to be
				  severable.
Miss. Code Ann.§
										83-5-1
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 3 - (2006-2) Insurers to Inform Policyholders of Flood and Earthquake Exclusions in Homeowners and/or Windstorm Residential Policies › Rule 19-5-3.10 - Effective Date

Current through June 25, 2024
The effective date of this Regulation shall be thirty (30)
				  days after filing with the Secretary of State's Office.
Miss. Code Ann.§
										25-43-3.113
				  (Rev 2010)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 4 - (2007-2) Mississippi worker's compensation assigned risk plan and the Mississippi workers' compensation assigned risk pool › Rule 19-5-4.01 - General Provisions › Section 19-5-4.01.2 - Authority

Current through June 25, 2024
This Regulation is adopted pursuant to the authority
					 granted by Section
					 71-3-111,
					 Mississippi Code Annotated (Supp. 2006), as well as the provisions of
					 Mississippi Department of Insurance Regulation No. 88-101, said Regulation
					 being the Rules of Practice and Procedure before the Mississippi Department of
					 Insurance.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 4 - (2007-2) Mississippi worker's compensation assigned risk plan and the Mississippi workers' compensation assigned risk pool › Rule 19-5-4.01 - General Provisions › Section 19-5-4.01.3 - Scope

Current through June 25, 2024
This Regulation shall apply to all insurance companies
					 licensed to write workers' compensation insurance in
					 Mississippi.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 4 - (2007-2) Mississippi worker's compensation assigned risk plan and the Mississippi workers' compensation assigned risk pool › Rule 19-5-4.01 - General Provisions › Section 19-5-4.01.4 - Definitions

Current through June 25, 2024
For purposes of this Regulation, the terms hereinafter set
					 forth are defined as follows:
A. "Advisory Board" or "Board" shall mean the Advisory
					 Board of the Pool.
B. "Plan" shall mean the Mississippi Workers' Compensation
					 Assigned Risk Plan as provided for under Section
					 71-3-111,
					 Mississippi Code Annotated (Supp. 2006).
C. "Pool" shall mean the Mississippi Workers' Compensation
					 Assigned Risk Pool as provided for under Section
					 71-3-111,
					 Mississippi Code Annotated (Supp. 2006).
D. "Plan Administrator" shall mean such organization as is
					 designated by the Commissioner of Insurance for the State of Mississippi to
					 administer the affairs of the Plan.
E. "Pool Administrator" shall mean such organization as is
					 designated by the Commissioner of Insurance for the State of Mississippi to
					 administer the affairs of the Pool.
F. "Commissioner" and/or "Regulator" shall mean the
					 Commissioner of Insurance for the State of Mississippi, or his designee.
G. "Servicing Carrier" shall mean those insurance companies
					 licensed and writing workers' compensation insurance within Mississippi, which
					 have been appointed by the Commissioner to provide coverage to employers who
					 have applied for workers' compensation insurance pursuant to the Plan.
H. "Residual Market" and "Residual Market Mechanism" shall
					 mean the Plan and the Pool, collectively.
I. "Member" shall mean an insurance company licensed to
					 write workers' compensation insurance under Chapter 3 of Title 71 of the
					 Mississippi Code of 1972, as amended, each of which is required to be a member
					 of and participant in the Pool.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 4 - (2007-2) Mississippi worker's compensation assigned risk plan and the Mississippi workers' compensation assigned risk pool › Rule 19-5-4.01 - General Provisions › Section 19-5-4.01.5 - Other Applicable Laws and Rules

Current through June 25, 2024
The operation of the Residual Market shall be subject to
					 the following provisions in addition to the statute referred herein and the
					 rules contained herein:
A. Chapter 3 of
				  Title 71 of the Code of Mississippi (1972), as amended, codified as Section
				  71-3-1,
et. seq
.;
B. Rules of the Mississippi Workers'
				  Compensation Commission;
C. The
				  requirements and standards provided for in the Workers' Compensation and
				  Employers' Liability Manuals as approved for use in Mississippi by the
				  Commissioner, or as approved for use by members of a licensed data service
				  organization, which manuals may include, but are not limited to, the following:
1. The Basic Manual for Workers' Compensation
				  and Employers' Liability Insurance;
2. The Workers' Compensation Statistical Plan
				  Manual;
3. The Experience Rating
				  Plan Manual for Workers' Compensation and Employers' Liability
				  Insurance;
4. The classification
				  codes for workers' compensation and employers' liability insurance;
5. The approved workers' compensation and
				  employers' liability insurance policy and endorsement forms; and,
6. Such other manual(s) as designated for use
				  by the Commissioner.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 4 - (2007-2) Mississippi worker's compensation assigned risk plan and the Mississippi workers' compensation assigned risk pool › Rule 19-5-4.01 - General Provisions › Section 19-5-4.01.6 - Coverage

Current through June 25, 2024
The following coverages shall be available through the
					 Residual Market:
A. Statutory workers'
				  compensation and occupational disease including liability under the Long shore
				  and Harbor Workers' Compensation Act, as amended, and the Federal Coal Mine
				  Health and Safety Act of 1969, as amended;
B. Employers liability insurance written in
				  connection with a workers' compensation policy; and,
C. Such other coverages as are determined by
				  the Plan Administrator and approved by the Commissioner.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 4 - (2007-2) Mississippi worker's compensation assigned risk plan and the Mississippi workers' compensation assigned risk pool › Rule 19-5-4.01 - General Provisions › Section 19-5-4.01.1 - Purpose

Current through June 25, 2024
The purpose of this Regulation is to promulgate and adopt
					 clear and comprehensive rules governing the establishment and operation of the
					 Mississippi Workers' Compensation Assigned Risk Plan ("Plan") and the
					 Mississippi Workers' Compensation Assigned Risk Pool
					 ("Pool").
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 4 - (2007-2) Mississippi worker's compensation assigned risk plan and the Mississippi workers' compensation assigned risk pool › Rule 19-5-4.02 - Purposes › Section 19-5-4.02.1 - Purpose of Plan

Current through June 25, 2024
The purpose of the Plan is to provide for the assignment of
					 risks which in good faith are entitled to insurance under Chapter 3 of Title 71
					 of the Code of Mississippi (1972), as amended, but which, because of unusual
					 conditions and circumstances, are unable to obtain such
					 insurance.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 4 - (2007-2) Mississippi worker's compensation assigned risk plan and the Mississippi workers' compensation assigned risk pool › Rule 19-5-4.02 - Purposes › Section 19-5-4.02.2 - Purpose of the Pool

Current through June 25, 2024
The Pool is a non-profit, unincorporated association of
					 Member companies, the purpose of which is to provide reinsurance for all
					 workers' compensation Residual Market policies and to accomplish the equitable
					 distribution of all underwriting profit or loss of the Residual Market policies
					 to the Members.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 4 - (2007-2) Mississippi worker's compensation assigned risk plan and the Mississippi workers' compensation assigned risk pool › Rule 19-5-4.03 - Administration And Operation Of The Plan › Section 19-5-4.03.1 - Director

Current through June 25, 2024
The Commissioner shall serve as the Director of the
					 Plan.
Miss. Code Ann
§
											71-3-111
					 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 4 - (2007-2) Mississippi worker's compensation assigned risk plan and the Mississippi workers' compensation assigned risk pool › Rule 19-5-4.03 - Administration And Operation Of The Plan › Section 19-5-4.03.2 - Administration

Current through June 25, 2024
The Commissioner shall be responsible for the
					 administration of the Plan, but he may designate an administrator for the Plan
					 at his discretion.
Miss. Code Ann
§
											71-3-111
					 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 4 - (2007-2) Mississippi worker's compensation assigned risk plan and the Mississippi workers' compensation assigned risk pool › Rule 19-5-4.03 - Administration And Operation Of The Plan › Section 19-5-4.03.3 - Operation

Current through June 25, 2024
The Plan shall be operated in accordance with the
					 Mississippi Workers' Compensation Assigned Risk Plan rules then in effect as
					 approved by the Commissioner and published in the Basic Manual for Workers'
					 Compensation and Employers Liability Insurance as RULE 4 - WORKERS COMPENSATION
					 INSURANCE PLAN RULES, including Mississippi Exceptions ("WCIP Rules"), as may
					 be revised or amended. The WCIP Rules effective with the Regulation are annexed
					 hereto as Appendix "A".
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 4 - (2007-2) Mississippi worker's compensation assigned risk plan and the Mississippi workers' compensation assigned risk pool › Rule 19-5-RULE 4.04 - Administration and Operation of the Pool

Current through June 25, 2024
4.04.1 : Director
The Commissioner shall serve as the Director of the Pool.
Miss. Code Ann
§
											71-3-111
				  (Rev. 2011)
4.04.2 : Members and Participants
All insurance companies licensed to write workers'
				  compensation insurance under Chapter 3 of Title 71 of the Mississippi Code of
				  1972, as amended, shall be members of and participants in the Pool.
Miss. Code Ann.
§
											71-3-111
				  (Rev. 2011)
4.04.3 : Administration
The Commissioner shall be responsible for the administration
				  of the Pool, but may designate an administrator of the Pool at his
				  discretion.
Miss. Code Ann.
§
											71-3-111
				  (Rev. 2011)
4.04.4 : Operation
The Poll shall be operated in accordance with the Governing
				  Articles of the Mississippi Workers' Compensation Assigned Risk Pool then in
				  affect as approved by the Commissioner ("Governing Articles"), the same may be
				  revised or amended. The Governing Articles effective with the Regulation are
				  annexed hereto as Appendix "B".
Miss. Code Ann.§
										71-3-111
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 4 - (2007-2) Mississippi worker's compensation assigned risk plan and the Mississippi workers' compensation assigned risk pool › Rule 19-5-4.05 - Other Provisions And Effective Date › Section 19-5-4.05.1 - Severability

Current through June 25, 2024
If any section, or portion of a section, or attachment of
					 this Regulation or the application thereof is held by a court to be invalid,
					 such invalidity shall not affect any other provision of that section or
					 application of the Regulation which can be given effect without the invalid
					 provision or application, and to this end the provisions of the Regulation and
					 attachments are declared to be severable.
Miss. Code Ann.
§
											83-5-1
					 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 4 - (2007-2) Mississippi worker's compensation assigned risk plan and the Mississippi workers' compensation assigned risk pool › Rule 19-5-4.05 - Other Provisions And Effective Date › Section 19-5-4.05.2 - Repeal of Regulation 96-101 and Regulation 96-102

Current through June 25, 2024
Upon adoption of Regulation 2007-2, Regulation 96-101, as
					 amended, and Regulation 96-102 shall be repealed.
Miss. Code Ann.
§
											25-43-3.113
					 (Rev. 2010)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 4 - (2007-2) Mississippi worker's compensation assigned risk plan and the Mississippi workers' compensation assigned risk pool › Rule 19-5-4.05 - Other Provisions And Effective Date › Section 19-5-4.05.3 - Effective Date

Current through June 25, 2024
The Effective Date of this Regulation shall be thirty (30)
					 days after filing with the Secretary of State.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 4 - (2007-2) Mississippi worker's compensation assigned risk plan and the Mississippi workers' compensation assigned risk pool › Rule 19-5-4.06 - Mississippi Worker's Compensation Assigned Risk Plan

Current through June 25, 2024
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Miss. Code Ann.§
										71-3-111
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 4 - (2007-2) Mississippi worker's compensation assigned risk plan and the Mississippi workers' compensation assigned risk pool › Rule 19-5-4.07 - Governing Articles: Article I › Section 19-5-4.07.1 - Establishment of the Pool

Current through June 25, 2024
The Mississippi Workers' Compensation Assigned Risk Pool
					 was established effective January 1, 1993, by the Mississippi Commissioner of
					 Insurance pursuant to the authority granted by Section
					 71-3-111,
					 Mississippi Code of 1972, as amended, as a non-profit unincorporated
					 association of Member companies.
Miss. Code Ann.
§
											71-3-111
					 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 4 - (2007-2) Mississippi worker's compensation assigned risk plan and the Mississippi workers' compensation assigned risk pool › Rule 19-5-4.07 - Governing Articles: Article I › Section 19-5-4.07.2 - Purpose of the Pool

Current through June 25, 2024
The purpose of the Pool is to be a reinsurance mechanism
					 for the Mississippi Workers' Compensation Assigned Risk Plan and to accomplish
					 the equitable distribution of all underwriting profit or loss of the Plan to
					 the Members.