reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 28 - (2001-1) Privacy of Consumer Financial and Health Information Regulation › Rule 19-1-28.27 - Appendix A- Sample Clauses

Current through June 25, 2024
Licensees, including a group of financial holding company
				  affiliates that use a common privacy notice, may use the following sample
				  clauses, if the clause is accurate for each institution that uses the notice.
				  (Note that disclosure of certain information, such as assets, income and
				  information from a consumer reporting agency, may give rise to obligations
				  under the federal Fair Credit Reporting Act, such as a requirement to permit a
				  consumer to opt out of disclosures to affiliates or designation as a consumer
				  reporting agency if disclosures are made to nonaffiliated third parties.)
A-1
- Categories of
				information a licensee collects (all institutions)
A licensee may use this clause, as applicable, to meet the
				  requirement of Section 7A (1) to describe the categories of nonpublic personal
				  information the licensee collects.
Sample Clause A-1:
We collect nonpublic personal information about you from the
				  following sources:
1. Information we
				receive from you on applications or other forms;
2. Information about your transactions with
				us, our affiliates or others; and
3. Information we receive from a consumer
				reporting agency.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 29 - (2001-2) (Emergency Regulation) Privacy of Personal Information (Gramm-Leach-Bliley Act) › Rule 19-1-29.01 - 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
				  (Rev. 1999), and Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. §§
				  6801 - 6827 (hereinafter "GLBA"), and is promulgated in accordance with the
				  laws governing emergency rule-making proceedings found at Miss. Code Ann.
				  § 25-43-7 (Rev. 1999), and Mississippi Department of Insurance Regulation
				  No. 88-101.
Miss. Code Ann. §
										83-1-45
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 29 - (2001-2) (Emergency Regulation) Privacy of Personal Information (Gramm-Leach-Bliley Act) › Rule 19-1-29.02 - Purpose

Current through June 25, 2024
The purpose of this Regulation is to extend the date by which
				  Licensees regulated by the Mississippi Department of Insurance must comply with
				  the provisions of Title Vof GLBA, which became effective November 13, 2000.
				  GLBA,
inter alia
, requires Licensees to establish privacy
				  policies, develop systems for implementing those policies and protecting
				  personal information of consumers and customers, and provide notices to all
				  customers prior to either the effective date or a later compliance date
				  established by rule by the regulator.
Mississippi Department of Insurance Emergency Regulation No.
				  2000-7, adopted on September 19, 2000, and further adopted as Final Regulation
				  No. 2000-6 on November 15, 2000, required Licensees to comply with Title V of
				  GLBA by July 1, 2001. It is the purpose of this Emergency Regulation No. 2001-2
				  to extend said compliance date to August 1, 2001, for Licensees regulated by
				  the Mississippi Department of Insurance.
Miss. Code Ann. §
										83-1-45
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 29 - (2001-2) (Emergency Regulation) Privacy of Personal Information (Gramm-Leach-Bliley Act) › Rule 19-1-29.03 - Definition of Licensee

Current through June 25, 2024
For purposes of this Regulation, Licensee shall mean all
				  licensed insurers, producers and other persons licensed or required to be
				  licensed, or authorized or required to be authorized, or registered or required
				  to be registered pursuant to the insurance laws of the State of Mississippi,
				  including Health Maintenance Organizations as that term is defined at Miss.
				  Code Ann. §
									83-41-303(n)(Rev.
				  1999). Licensee shall also include an unauthorized insurer that accepts
				  business placed through a licensed excess line broker in Mississippi, but only
				  in regard to the excess line placements placed pursuant to Miss. Code Ann.
				  §
									83-21-17 et
				  seq. (Rev. 1999).
Miss. Code Ann. §
										83-1-45
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 29 - (2001-2) (Emergency Regulation) Privacy of Personal Information (Gramm-Leach-Bliley Act) › Rule 19-1-29.04 - Extension of Time for Compliance

Current through June 25, 2024
In order to provide sufficient time for Licensees to
				  establish policies and systems to comply with the requirements of Title V of
				  GLBA, which had an effective date of November 13, 2000, the Commissioner of
				  Insurance hereby extends the time for compliance from July 1, 2001, until
				  August 1, 2001. Licensees will not be required to be in compliance with Title V
				  of GLBA before August 1, 2001, but must be in full compliance on and after said
				  date.
Miss. Code Ann. §
										83-1-45
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 29 - (2001-2) (Emergency Regulation) Privacy of Personal Information (Gramm-Leach-Bliley Act) › Rule 19-1-29.05 - Repealer

Current through June 25, 2024
This Emergency Regulation No. 2001-2 shall repeal and
				  supersede Mississippi Department of Insurance Emergency Regulation No. 2000-7,
				  and Final Regulation No. 2000-6, only to the extent that said Regulations
				  require Licensees to comply with Title V of GLBA by July 1,
				  2001.
Miss. Code Ann. §
										83-1-45
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 29 - (2001-2) (Emergency Regulation) Privacy of Personal Information (Gramm-Leach-Bliley Act) › Rule 19-1-29.06 - Effective Date

Current through June 25, 2024
This Emergency Regulation shall be effective immediately upon
				  filing with the Office of the Secretary of State of the State of
				  Mississippi.
Miss. Code Ann. §
										25-43-3.113
				  (Rev. 2010)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 30 - (2002-2) Issuance of Limited Licenses to Motor Vehicle Rental Companies Permitting the Selling, Soliciting, or Negotiating of Insurance in Connection with Rental of Vehicles › Rule 19-1-30.01 - 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.
§§
									83-17-1,
				  83-17-41,
				  and
				  83-17-87
				  (Supp. 2001), 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.
				  §§
										83-17-41;
				  83-17-87 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 30 - (2002-2) Issuance of Limited Licenses to Motor Vehicle Rental Companies Permitting the Selling, Soliciting, or Negotiating of Insurance in Connection with Rental of Vehicles › Rule 19-1-30.02 - Purpose

Current through June 25, 2024
The purpose of this Regulation is to allow vehicle rental
				  companies and their employees to obtain limited licenses to permit the selling,
				  soliciting, or negotiating of specific categories of insurance in connection
				  with the rental of vehicles in accordance with
Miss. Code
				  Ann.
§
									83-17-41.
Miss. Code Ann. §
										83-17-41
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 30 - (2002-2) Issuance of Limited Licenses to Motor Vehicle Rental Companies Permitting the Selling, Soliciting, or Negotiating of Insurance in Connection with Rental of Vehicles › Rule 19-1-30.03 - Definitions

Current through June 25, 2024
For the purposes of this Regulation, the following terms
				  shall have the following meanings:
A. "Commissioner" means the Commissioner of Insurance of the
				  State of Mississippi.
B. "Limited licensee" means a person or business entity
				  authorized to sell, solicit, or negotiate certain coverage relating to the
				  rental of vehicles pursuant to this regulation.
C. "Rental agreement" means any written agreement setting
				  forth the terms and conditions governing the use of a vehicle provided by the
				  rental company for rental or lease.
D. "Rental company" means any person or business entity in
				  the business of providing primarily motor passenger vehicles to the public
				  under a rental agreement. For the purposes of this Regulation, rental companies
				  are a type of "vehicles sales agency" as provided in Miss. Code Ann. §
									83-17-1
				  (Supp. 2001).
E. "Rental period" means the term of the rental
				  agreement.
F. "Renter" means any person obtaining the use of a vehicle
				  from a rental company under the terms of a rental agreement.
G. "Vehicle" or "rental vehicle" means a motor vehicle of the
				  private passenger type, including cars, passenger vans, minivans, and sport
				  utility vehicles, and of the cargo type, including cargo vans, pickup trucks,
				  and trucks with gross vehicle weight of less than twenty-six thousand (26,000)
				  pounds and which do not require the operator to possess a commercial driver's
				  license.
Miss. Code Ann. §
										83-17-87
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 30 - (2002-2) Issuance of Limited Licenses to Motor Vehicle Rental Companies Permitting the Selling, Soliciting, or Negotiating of Insurance in Connection with Rental of Vehicles › Rule 19-1-30.04 - Authorization, Prerequisites, Violations

Current through June 25, 2024
A. The Commissioner
				may issue to a rental company that has complied with the requirements of this
				section a limited license authorizing the limited licensee to sell, solicit, or
				negotiate insurance in connection with the rental of vehicles. Each limited
				licensee rental company shall designate a licensed producer responsible for the
				business entity's compliance with the insurance laws, rules and regulations of
				this state.
B. As a prerequisite
				for issuance of a rental company's limited license under this section, there
				shall be filed with the Commissioner a written application for a limited
				license including the designation of at least one licensed producer in
				accordance with
Miss. Code Ann.
§
									83-17-61(2)(b)(Supp.
				2001) and this Regulation, signed by an officer of the applicant rental
				company, using the form and containing such information as the Commissioner may
				prescribe.
C. In the event that any
				applicable provision of Title 83 of the Mississippi Code, or any Regulation or
				of Bulletin issued by the Mississippi Department of Insurance is violated by a
				limited licensee, the Commissioner may, after a notice and a hearing place on
				probation, suspend, revoke or refuse to issue or renew the limited license or
				impose other administrative penalties in accordance with
Miss. Code
				Ann.
§
									83-17-71
				(Supp. 2001).
Miss. Code Ann.
				  §§
										83-17-71;
				  83-17-87 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 30 - (2002-2) Issuance of Limited Licenses to Motor Vehicle Rental Companies Permitting the Selling, Soliciting, or Negotiating of Insurance in Connection with Rental of Vehicles › Rule 19-1-30.05 - Categories of Insurance to be Offered: Requirements

Current through June 25, 2024
A. The
				rental company licensed pursuant to subsection (1) of Section 4 of this
				Regulation may sell, solicit, or negotiate insurance only in connection with an
				incidental to the rental of vehicles, whether at the rental office, over the
				internet or by pre-selection of coverage in a master, corporate, individual, or
				group rental agreement, in any of the following general categories:
1. Personal accident insurance covering the
				risks of travel, including, but not limited to, accident and health insurance
				that provides coverage, as applicable, to renters and other rental vehicle
				occupants for accidental death or dismemberment and reimbursement for medical
				expenses resulting from an accident that occurs during the rental
				period;
2. Liability insurance
				which may include uninsured motorist coverage whether offered separately or in
				combination with other liability insurance, that provides coverage, as
				applicable, to renters and other authorized drivers of rental vehicles for
				liability arising from the operation of the rental vehicle;
3. Personal effects insurance that provides
				coverage, as applicable, to renters and other vehicle occupants for the loss
				of, or damage to, personal effects that occurs during the rental period;
				and
4. Such other motor vehicle
				related insurance as may be approved by the Commissioner.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 30 - (2002-2) Issuance of Limited Licenses to Motor Vehicle Rental Companies Permitting the Selling, Soliciting, or Negotiating of Insurance in Connection with Rental of Vehicles › Rule 19-1-30.06 - Facsimile Signatures

Current through June 25, 2024
Facsimile signatures may be used in accordance with
Miss. Code Ann.
§
									83-17-21.
Miss. Code Ann. §
										83-17-21
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 30 - (2002-2) Issuance of Limited Licenses to Motor Vehicle Rental Companies Permitting the Selling, Soliciting, or Negotiating of Insurance in Connection with Rental of Vehicles › Rule 19-1-30.07 - Prohibition Against Advertisement as Agent or Broker

Current through June 25, 2024
No limited licensee under this Regulation shall advertise,
				  represent, or otherwise hold itself or any of its employees out as licensed
				  insurers, insurance agents, or insurance brokers.
Miss. Code Ann. §
										83-17-87
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 30 - (2002-2) Issuance of Limited Licenses to Motor Vehicle Rental Companies Permitting the Selling, Soliciting, or Negotiating of Insurance in Connection with Rental of Vehicles › Rule 19-1-30.08 - Payment of Premium

Current through June 25, 2024
Premium payments should be made payable either to the
				  Insurance Company issuing the policy or the motor vehicle rental company which
				  has obtained this limited license. If the payment is made payable to the
				  licensed motor vehicle rental company, then it will be the rental company's
				  responsibility to forward such premium funds to the insurance
				  company.
Miss. Code Ann. §
										83-17-87
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 30 - (2002-2) Issuance of Limited Licenses to Motor Vehicle Rental Companies Permitting the Selling, Soliciting, or Negotiating of Insurance in Connection with Rental of Vehicles › Rule 19-1-30.09 - Severability

Current through June 25, 2024
If any provision of any 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 this Regulation are declared to be
				  severable.
Miss. Code Ann. §
										83-5-1
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 30 - (2002-2) Issuance of Limited Licenses to Motor Vehicle Rental Companies Permitting the Selling, Soliciting, or Negotiating of Insurance in Connection with Rental of Vehicles › Rule 19-1-30.10 - Effective Date

Current through June 25, 2024
The Effective Date of this Regulation shall be thirty (30)
				  days from and after its adoption and filing with the Secretary of State's
				  Office of the State of Mississippi.
Miss. Code Ann. §
										25-43-3.113
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 31 - (2003-1) Use of Credit Information for Determining Rates and Eligibility for Personal Insurance › Rule 19-1-31.01 - Purpose

Current through June 25, 2024
The purpose of this Regulation is to set forth restrictions
				  and procedural requirements for personal lines insurers licensed in Mississippi
				  regarding the use of an applicant's credit history and/or insurance scores for
				  calculating rates and determining eligibility for coverage or tier
				  placement.
Miss. Code Ann. §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 31 - (2003-1) Use of Credit Information for Determining Rates and Eligibility for Personal Insurance › Rule 19-1-31.02 - 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
				  and
				  83-5-29
				  through
				  83-5-51
				  (Rev. 1999), 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. §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 31 - (2003-1) Use of Credit Information for Determining Rates and Eligibility for Personal Insurance › Rule 19-1-31.03 - Scope

Current through June 25, 2024
This Regulation shall apply to personal insurance written by
				  all personal lines insurers licensed in the State of Mississippi. Personal
				  insurance is defined herein and must be for personal, family or household
				  use.
Miss. Code Ann. §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 31 - (2003-1) Use of Credit Information for Determining Rates and Eligibility for Personal Insurance › Rule 19-1-31.05 - Requirements

Current through June 25, 2024
A. Insurers must maintain and make available
				upon request by the Department specific written procedures detailing their
				practices regarding credit history and insurance scores, including the
				following information:
1. When credit history
				will be ordered and when insurance scores will be ordered or calculated, e.g.
				at initial underwriting, upon applicant's request, etc;
2. About whom such information will be
				ordered or calculated, e.g. the named applicant, all known household members,
				etc; and,
3. How such information
				will be used, e.g. to calculate rates, to determine eligibility for coverage,
				etc.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 31 - (2003-1) Use of Credit Information for Determining Rates and Eligibility for Personal Insurance › Rule 19-1-31.06 - Prohibited Procedures

Current through June 25, 2024
A. Insurers shall
				not deny, cancel or non-renew personal insurance coverage, calculate an
				insurance score, determine personal insurance premiums or rates, or place an
				applicant in a tier based on the following types of credit history:
1. The type of credit card, charge card or
				debit card used by an applicant.
2.
				Credit information that the insurer knows to be in dispute, if it is disputed
				on the applicant's credit report.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 31 - (2003-1) Use of Credit Information for Determining Rates and Eligibility for Personal Insurance › Rule 19-1-31.08 - Indemnification

Current through June 25, 2024
An insurer shall indemnify, defend, and hold agents harmless
				  from and against all liability, fees and costs arising out of or relating to
				  the actions, errors or omissions of an agent who obtains or uses credit history
				  and/or insurance scores for an insurer, provided the agent follows the
				  instructions of or procedures established by the insurer and complies with any
				  applicable law or regulation. Nothing in this section shall be construed to
				  provide an applicant or insured with a cause of action that does not exist in
				  the absence of this section.
Miss. Code Ann. §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 31 - (2003-1) Use of Credit Information for Determining Rates and Eligibility for Personal Insurance › Rule 19-1-31.09 - Sale of Policy Term Information By Consumer Reporting Agency

Current through June 25, 2024
A. No consumer reporting agency shall provide
				or sell data or lists that include any information that in whole or in part was
				submitted in conjunction with an insurance inquiry about an insured's credit
				history or a request for an insurance score. Such information includes, but is
				not limited to, the expiration dates of an insurance policy or any other
				information that may identify time periods during which an insured's insurance
				may expire and the terms and conditions of the insured's insurance
				coverage.
B. The restrictions
				provided in subsection (A) of this section do not apply to data or lists the
				consumer reporting agency supplies to the insurance agent from whom information
				was received, the insurer on whose behalf such agent acted, or such insurer's
				affiliates or holding companies.
C.
				Nothing in this section shall be construed to restrict any insurer from being
				able to obtain a claims history report or a motor vehicle report.
Miss. Code Ann. §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 31 - (2003-1) Use of Credit Information for Determining Rates and Eligibility for Personal Insurance › Rule 19-1-31.10 - Revocation of Certificate of Authority

Current through June 25, 2024
Failure to comply with a material provision of this
				  regulation is considered a violation of
Miss. Code
				  Ann
. §
									83-5-17
				  (Rev. 1999) and
Miss. Code Ann
. §§
									83-5-29
				  through
				  83-5-51
				  (Rev. 1999). 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. §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 31 - (2003-1) Use of Credit Information for Determining Rates and Eligibility for Personal Insurance › Rule 19-1-31.11 - Protection of Fair Credit Reporting Act

Current through June 25, 2024
Nothing in this Regulation shall be construed to modify,
				  limit, or supersede the operation of the Fair Credit Reporting Act, 15 U.S.C.
				  §1681,
et seq.
Miss. Code Ann. §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 31 - (2003-1) Use of Credit Information for Determining Rates and Eligibility for Personal Insurance › Rule 19-1-31.12 - 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 this Regulation are declared to be
				  severable.
Miss. Code Ann. §
										83-5-1
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 31 - (2003-1) Use of Credit Information for Determining Rates and Eligibility for Personal Insurance › Rule 19-1-31.13 - Effective Date

Current through June 25, 2024
The Effective Date of this Regulation shall be thirty (30)
				  days from and after its adoption and filing with the Secretary of State's
				  Office of the State of Mississippi. In order to provide sufficient time for the
				  insurers to establish policies and systems to comply with this Regulation, the
				  time for compliance with this Regulation is extended to March 1,
				  2004.
Miss. Code Ann. §
										25-43-3.113
				  (Rev. 2010)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 32 - (2005-2) Special Mediation Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-32.01 - Authority

Current through June 25, 2024
The 2005 Hurricane season has been extremely destructive for
				  Mississippi. Extensive and devastating damage was caused by Hurricane Katrina,
				  which hit the Mississippi Gulf Coast on August 29, 2005, as a category 4
				  hurricane. Hurricane Katrina continued northward, blanketing the State and
				  causing widespread major damage to homes, loss of personal belongings and
				  corresponding loss of employment.
In response in part to the devastation of Hurricane Katrina,
				  Senate Bill 2381, 2006 Regular Legislative Session, was passed by the
				  Mississippi Legislature, signed by Governor Barbour on March 1, 2006, and made
				  effective that date. Pursuant to Senate Bill 2381, the Commissioner of
				  Insurance has the authority to establish a non-adversarial alternative dispute
				  resolution procedure for the handling of personal lines residential insurance
				  claims.
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; and 83-17-1 through 83-17-89 (Rev. 2001), Senate Bill
				  2381, 2006 Regular Legislative Session; 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.§
										83-1-47
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 32 - (2005-2) Special Mediation Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-32.02 - Purpose and Scope

Current through June 25, 2024
This regulation establishes a special mediation program for
				  personal lines residential insurance claims resulting from Hurricane Katrina.
				  It creates procedures for notice of the right to mediation, request for
				  mediation, assignment of mediators, payment for mediation, and the conduct of
				  mediation proceedings.
Before resorting to these procedures, insureds and insurers
				  are encouraged to resolve claims as quickly and fairly as possible. The
				  procedures established by this regulation are available to all first party
				  claimants prior to commencing either litigation or the appraisal process, who
				  have personal lines claims resulting from damage to residential property in
				  Mississippi caused by Hurricane Katrina. Insureds that have elected to commence
				  the appraisal process under their policies must first complete that process
				  prior to being eligible to request the mediation procedures established
				  hereunder. This regulation does not apply to commercial insurance (including
				  forced-placed lender protection programs), private passenger motor vehicle
				  insurance or to liability coverage contained in property insurance
				  policies.
The mediation procedures established under this regulation
				  shall not be available to the insured where the underlying issue is whether the
				  policy was canceled, non-renewed or lapsed prior to the loss resulting from
				  Hurricane Katrina. Insureds may submit these issues to the Consumer Assistance
				  Division of the Department for review.
Miss. Code Ann. §
										83-1-47
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 32 - (2005-2) Special Mediation Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-32.03 - Definitions

Current through June 25, 2024
A. "Administrator" means the American
				Arbitration Association.
B. "Claim"
				means any matter on which there is a dispute or for which the insurer has
				denied payment. Unless the parties agree to mediate a claim involving a lesser
				amount, a claim involves a dispute in which the difference between the
				positions of the parties is $500.00 or more. Claim does not include a dispute
				with respect to which the insurer has reported allegations of fraud to the
				Department, based on an investigation by the insurer's special investigative
				unit.
C. "Department" means the
				Mississippi Department of Insurance or its designee.
D. "Insurer" means only 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 §
									83-21-17 et
				seq. (Rev. 1999), and the Mississippi Windstorm Underwriting Association. The
				term insurer shall not include the National Flood Insurance Program.
E. "Mediator" means an individual selected by
				the Administrator designated by the Department to mediate disputes pursuant to
				this regulation. Mediators will be selected from a panel of mediators approved
				pursuant to the Mississippi Court Annexed Mediation Rules For Civil Litigation,
				adopted by the Mississippi Supreme Court on October 2, 1998.
F. "Party" or "Parties" means the insured and
				his or her insurer, including the Mississippi Windstorm Underwriting
				Association. The terms Party or Parties shall not include the National Flood
				Insurance Program.
Miss. Code Ann. §
										83-1-47
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 32 - (2005-2) Special Mediation Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-32.04 - Notification of the Right to Mediate

Current through June 25, 2024
Within 10 days of the time an insured files a first-party
				  claim, the insurer shall mail to the insured a notice of the right to mediate
				  disputed claims. No other materials, forms or documents may be included in the
				  mailing that contains this notice. A sample notification letter for use by
				  insurers is attached hereto as Exhibit "A". Use of this letter by insurers will
				  satisfy the notification requirements of this Section.
Miss. Code Ann. §
										83-1-47
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 32 - (2005-2) Special Mediation Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-32.05 - Request for Mediation

Current through June 25, 2024
After 10 days from the date of the notice, an insured may
				  request mediation by writing the Administrator at American Arbitration
				  Association, Attn. MS Insurance mediation, 13455 Noel Road, Suite 1750, Dallas,
				  TX 75240; by calling the Administrator at 1-800-426-8792; by faxing a request
				  to the Administrator at 972-490-9008; or by contacting the Administrator
				  on-line at Msinsmediation@adr.org [File Link Not Available].
The insured should provide the following information, if
				  known:
A. Name, address, and daytime
				telephone number of the insured and location of the property if different from
				the address given;
B. The claim and
				policy number for the insured;
C. A
				brief description of the nature of the dispute;
D. The name of the insurer and the name,
				address and phone number of the insured's contact person for scheduling
				mediation; and
E. Information with
				respect to any other policies of insurance that may provide coverage of the
				insured property for named perils such as flood or windstorm.
Miss. Code Ann. §
										83-1-47
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 32 - (2005-2) Special Mediation Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-32.06 - Scheduling of Mediation

Current through June 25, 2024
The Administrator will select a mediator and the
				  Administrator will schedule the mediation conference. The Administrator will
				  attempt to facilitate reduced travel and expense to the parties and the
				  mediator when selecting a mediator and scheduling the mediation conference. The
				  Administrator shall confer with the mediator and all parties prior to
				  scheduling a mediation conference. The conference shall be scheduled within 20
				  days from the date the Administrator received the request. The Administrator
				  shall notify each party in writing of the date, time and place of the mediation
				  conference at least 10 days prior to the date of the conference and
				  concurrently send a copy of the notice to the Department. The insurer shall
				  notify the Administrator as soon as possible after settlement of any claim that
				  is scheduled for mediation pursuant to this regulation.
Miss. Code Ann. §
										83-1-47
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 32 - (2005-2) Special Mediation Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-32.08 - Post Mediation

Current through June 25, 2024
A. Within 5 days of
				the conclusion of the mediation conference the mediator shall file with the
				Department and the Administrator a mediator's status report indicating whether
				or not the parties reached a settlement. If the parties reached a settlement,
				the mediator shall include a copy of the settlement agreement with the status
				report.
B. Mediation is
				non-binding. However, if a settlement is reached, the insured shall have 3
				business days within which he or she may rescind any settlement agreement
				provided that the insured has not cashed or deposited any check or draft
				disbursed to him or her for the disputed matters as a result of the mediation
				conference. If a settlement agreement is reached and is not rescinded, it shall
				act as a release of all specific claims that were presented and actually
				settled. However, the release shall not constitute a final waiver of rights of
				the insured with respect to claims for damages or expenses if circumstances
				that are reasonably unforeseen arise resulting in additional costs that would
				have been covered under the policy but for the release.
C. If the insured decides not to participate
				in the mediation process or if the parties are unsuccessful at resolving the
				claim, the insured may choose to proceed under the appraisal process set forth
				in the insured's insurance policy, by litigation, or by any other dispute
				resolution procedure available under Mississippi law. Nothing in this
				regulation shall preclude an insured's right to pursue these remedies should
				mediation be unsuccessful.
Miss. Code Ann. §
										83-1-47
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 32 - (2005-2) Special Mediation Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-32.09 - Designation of Administrator

Current through June 25, 2024
The Department has designated the American Arbitration
				  Association as its Administrator to carry out certain duties and
				  responsibilities under this regulation.
Miss. Code Ann. §
										83-1-47
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 32 - (2005-2) Special Mediation Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-32.10 - Severability

Current through June 25, 2024
If a court holds any subsection or portion of a subsection of
				  this emergency regulation or the applicability thereof to any person or
				  circumstance invalid, the remainder of the regulation shall not be affected
				  thereby.
Miss. Code Ann. §
										83-5-1
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 32 - (2005-2) Special Mediation Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-32.11 - Effective Date

Current through June 25, 2024
This regulation shall be effective thirty (30) days upon
				  filing with the Office of the Secretary of State of the State of
				  Mississippi.
Miss. Code Ann. §
										25-43-3.113
				  (Rev. 2010)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 33 - (2006-4) Availability of Hurricane Katrina Special Mediation Program to Parties in Litigation › Rule 19-1-33.01 - Authority

Current through June 25, 2024
This Emergency Regulation is promulgated by the Commissioner
				  of Insurance "Commissioner") pursuant to the authority granted to him by
Miss. Code Ann.
§§
									33-15-11(b)(9),
				  33-15-11(c)(4),
				  and 83-5-1 et seq. 83-1-47; the Governor's Proclamations dated August 26, 2005,
				  and September 2, 2005; and the State of Mississippi Emergency Operations Plan
				  and Executive Order No. 653.
Miss. Code Ann. §
										83-1-47
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 33 - (2006-4) Availability of Hurricane Katrina Special Mediation Program to Parties in Litigation › Rule 19-1-33.02 - Reasons for Finding an Imminent Peril to the Public Health, Safety or Welfare

Current through June 25, 2024
The 2005 Hurricane season was extremely destructive for
				  Mississippi. Extensive and devastating damage was caused by Hurricane Katrina,
				  which hit the Mississippi Gulf Coast on August 29, 2005, as a Category 4
				  Hurricane. Hurricane Katrina continued northward, blanketing the State and
				  causing widespread major damage to homes, loss of personal belongings and
				  corresponding loss of employment.
In an effort to help resolve residential property insurance
				  claims resulting from Katrina so that homeowners could move forward with the
				  repair and rebuilding process, on December 20, 2005, the Commissioner adopted
				  Emergency Regulation No. 2005-2, which established a temporary "Special
				  Mediation Program For Personal Lines Residential Insurance Claims" ("Mediation
				  Program" or "Program"). Subsequently, pursuant to the authority granted in
				  Senate Bill 2381, which was passed by the Mississippi Legislature in the 2006
				  Regular Legislative Session, the Commissioner adopted Regulation No. 2005-2, as
				  Amended, which established the Mediation Program on a permanent basis.
In Section 2, Regulation No. 2005-2, as Amended, provides
				  that the Mediation Program is "...available to all first party claimants
prior to commencing either litigation
or the appraisal process."
				  (emphasis added) While many Katrina claims have been resolved, some remain
				  unresolved and claimants are pursuing litigation. This pending litigation has
				  resulted in crowded court dockets and a critical need for litigants to have
				  access to an alternative procedure for the effective, fair and timely handling
				  of residential insurance claims. Consequently, in order to promote and secure
				  the safety and protection of the citizens of the State of Mississippi, this
				  Regulation is being issued by the Commissioner to expand the Mediation Program
				  for Katrina claims to allow parties in litigation to participate, upon the
				  issuance of an order by a court of competent jurisdiction.
Miss. Code Ann. §
										83-1-47
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 33 - (2006-4) Availability of Hurricane Katrina Special Mediation Program to Parties in Litigation › Rule 19-1-33.03 - Availability of Mediation Program to Parties in Litigation

Current through June 25, 2024
Notwithstanding any provisions to the contrary, the Mediation
				  Program established by Regulation No. 2005-2, as Amended, shall be available
				  for any parties ordered to participate in the Program by a court of competent
				  jurisdiction.
In the case of parties participating in the Program by court
				  order, the provisions of Regulation No. 2005-2, as Amended, will be followed
				  unless the respective court directs otherwise with regard to mediation for
				  those parties, or unless otherwise specified herein.
This Emergency Regulation applies only to mediation involving
				  parties to litigation arising from a disputed Hurricane Katrina claim.
				  Otherwise, the provisions of Regulation No. 2005-2, as Amended, shall remain in
				  full force and effect.
Miss. Code Ann. §
										83-1-47
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 33 - (2006-4) Availability of Hurricane Katrina Special Mediation Program to Parties in Litigation › Rule 19-1-33.04 - Fees

Current through June 25, 2024
With respect to court ordered mediation involving parties to
				  litigation arising from a disputed Hurricane Katrina claim, the applicable fees
				  shall be as follows:
A. Administrator -
				$200.00 per case
B. Mediator -
				$400.00 per case
Miss. Code Ann. §
										83-1-47
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 33 - (2006-4) Availability of Hurricane Katrina Special Mediation Program to Parties in Litigation › Rule 19-1-33.05 - Severability

Current through June 25, 2024
If a court holds any subsection or portion of a subsection of
				  this Regulation or the applicability thereof to any person or circumstance
				  invalid, the remainder of the Regulation shall not be affected
				  thereby.
Miss. Code Ann. §
										83-5-1
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 33 - (2006-4) Availability of Hurricane Katrina Special Mediation Program to Parties in Litigation › Rule 19-1-33.06 - Effective date

Current through June 25, 2024
This Regulation No. 2006-4, shall be effective on May 25,
				  2007. Upon final adoption, Regulation 2006-4 shall supersede Emergency
				  Regulation 2006-4.
Filed this the 3rd day of April,
				  2007.
Miss. Code Ann. §
										25-43-3.113
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 34 - (2007-1) Mississippi Homeowner Insurance Policyholder Bill of Rights › Rule 19-1-34.01 - Purpose

Current through June 25, 2024
After Hurricane Katrina hit the Mississippi Gulf Coast on
				  August 29, 2005, and caused massive destruction within the State, the
				  Department found that many homeowner insurance policyholders who filed property
				  loss claims were inadequately insured or did not fully understand the insurance
				  they had purchased.
The purpose and intent of this Regulation is to address these
				  issues by setting forth procedures and requirements that ensure policyholders
				  understand their rights as policyholders in the State of Mississippi, and by
				  enacting a requirement that property and casualty insurance companies writing
				  homeowners personal lines residential insurance property coverage establish
				  standard checklists of policy contents.
To accomplish these goals, this Regulation sets forth the
				  rights Mississippi policyholders have with respect to their insurance policies
				  and insurance companies. This Regulation also requires that property and
				  casualty insurers provide an outline of coverage and a standard checklist of
				  policy contents to policyholders.
Policyholders should be aware that Mississippi law provides
				  that insureds have an affirmative duty to read a contract of insurance and are
				  bound by the contents thereof. Any outline of coverage and comprehensive policy
				  checklist is for informational purposes only, and does not change the coverage
				  selected and paid for by the policyholder. This Regulation is being promulgated
				  by the Commissioner of Insurance in order to facilitate the public's
				  understanding of homeowners' policies.
Miss. Code Ann.
				  §§
										83-5-1;
				  83-5-29 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 34 - (2007-1) Mississippi Homeowner Insurance Policyholder Bill of Rights › Rule 19-1-34.02 - 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,
				  and
				  83-5-29
				  through 83-5- 51 (Rev. 2011), 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 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 34 - (2007-1) Mississippi Homeowner Insurance Policyholder Bill of Rights › Rule 19-1-34.03 - Scope

Current through June 25, 2024
This Regulation shall apply to all insurance companies
				  (including surplus lines companies, the Mississippi Windstorm Underwriting
				  Association, and the Mississippi Residential Property Insurance Underwriting
				  Association) writing homeowners personal lines residential property coverage
				  insurance policies in the State of Mississippi. For the purposes of this
				  Regulation, personal lines residential property coverage shall include
				  condominium insurance, dwelling fire policies, renters/tenants insurance and
				  mobile home/manufactured housing property coverage, even if said coverage is
				  classified as an automobile property policy. Creditor-placed property coverage
				  and condominium association or homeowner association property coverage is
				  excluded from the provisions of this Regulation.
Mm. Code Ann. §
										83-5-29
				  (Rev. 2011)