reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 34 - (2007-1) Mississippi Homeowner Insurance Policyholder Bill of Rights › Rule 19-1-34.05 - Outline of Coverage and Comprehensive Policy Checklist

Current through June 25, 2024
No homeowners personal lines residential property coverage
				  insurance policy shall be delivered or issued for delivery in this state unless
				  an appropriate outline of coverage and comprehensive policy checklist have been
				  delivered to the policyholder prior to or shortly thereafter issuance of the
				  policy under separate cover, or accompany the policy when issued. The
				  comprehensive policy checklist shall contain a list of provisions and elements,
				  as required by this Regulation, whether or not they are included in the
				  particular policy being issued, in a format that allows the insurer to indicate
				  whether the provision is included so that the policyholder can see both what is
				  included and what is not included in the policy. The outline of coverage and
				  comprehensive policy checklist shall also be furnished at each renewal of the
				  policy. The outline of coverage and comprehensive policy checklist shall
				  provide information on the policy and may, but is not required, to include
				  coverage by endorsement.
To be in compliance with this section, an insurer may use the
				  Outline of Coverage and Comprehensive Policy Checklist prepared by the
				  Department and attached hereto as Rule 34.11 or the insurer may create its own
				  Outline of Coverage and Comprehensive Policy Checklist, provided the following
				  information is included.
A. The
				Outline of Coverage shall provide information on the policy and may, but is not
				required, to include coverage by endorsement, and shall contain, at a minimum,
				the information set forth below.
1. A brief
				description of the type of coverage provided in the policy, amount of coverage,
				and whether the coverage is replacement cost or actual cash value ("ACV").
2. A summary statement of the
				principal exclusions and limitations or reductions contained in the policy, and
				any other limitations or reductions.
3. A summary of any additional coverage
				provided through any rider or endorsement that accompanies the policy, amount
				of that coverage, and whether the coverage is replacement cost or ACV.
Any insurer electing not to use Rule 34.11, or deviating from
				  Rule 34.11, shall file its Outline of Coverage and Comprehensive Policy
				  Checklist with the Department for approval prior to use.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 34 - (2007-1) Mississippi Homeowner Insurance Policyholder Bill of Rights › Rule 19-1-34.06 - Burden of Proof

Current through June 25, 2024
As demonstrated by the ruling of the Fifth Circuit Court of
				  Appeals in
Leonard v. Nationwide
, insurance companies
				  are advised that in an all risk homeowners insurance policy an "insurer bears
				  the burden of proving that a particular peril falls within a policy exclusion;
				  the insurer must plead and prove the applicability of an exclusion as an
				  affirmative defense".
Leonard v. Nationwide Mutual Ins.
				  Co.
, 499 F.3d 419, 429 (5th Cir. 2007).
Mm. Code Ann. §
										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 19-1-34.07 - Cause of Action

Current through June 25, 2024
No provision contained herein shall be construed as creating
				  a civil cause of action by any individual policyholder against any individual
				  insurer or insurance producer. This Regulation does not operate to expand
				  coverage beyond the coverage provided by the policy.
Mm. Code Ann. §
										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 19-1-34.08 - Violations and Penalties

Current through June 25, 2024
The failure of an insurance company writing homeowners
				  personal lines residential property coverage insurance policies in this State
				  to comply with a material provision of this Regulation shall be considered a
				  violation of
Miss. Code Ann.
§
									83-5-1
				  and §§
									83-5-29
				  through
				  83-5-51
				  (Rev. 2011). Violation of said statutes may subject the insurance company 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 34 - (2007-1) Mississippi Homeowner Insurance Policyholder Bill of Rights › Rule 19-1-34.09 - 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 1 - General › Chapter 34 - (2007-1) Mississippi Homeowner Insurance Policyholder Bill of Rights › Rule 19-1-34.10 - Effective Date

Current through June 25, 2024
The Effective Date of this amended Regulation shall be thirty
				  (30) days from date of final filing with the Secretary of State.
Miss. Code Ann. §
										25-43-3.113
				  (Rev. 2010)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 35 - (2007-3) Special Non-Binding Arbitration Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-35.01 - Authority

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 response in part to the devastation of Hurricane Katrina,
				  the Mississippi Department of Insurance ("Department") sought the passage of
				  Senate Bill 2381, 2006 Regular Legislative Session, which was passed by the
				  Mississippi Legislature, signed by Governor Barbour on March 1, 2006, and made
				  effective that date. Codified as
Miss. Code Ann
.
				  §
									83-1-47,
				  this statute gives the Commissioner of Insurance the authority to establish a
				  non-binding, non-adversarial alternative dispute resolution procedure for the
				  handling of personal lines residential insurance claims.
Furthermore, pursuant to the Governor's Proclamations dated
				  August 26, 2005, and September 2, 2005, Governor Barbour declared a state of
				  emergency invoking his emergency powers pursuant to
Miss. Code
				  Ann.
§ 35-15-11, and directed agencies of the State to
				  discharge their emergency responsibilities as deemed necessary as set forth in
				  the State of Mississippi Emergency Operations Plan and Executive Order No. 653,
				  dated November 16, 1990. In accordance with the Proclamations and Executive
				  Order, and
Miss. Code Ann.
§§
									33-15-11(b)(9)
				   and
				  33-15-11(c)(4),
				  there was a delegation of those emergency powers to the Commissioner of
				  Insurance which allows him, in his discretion, to promulgate emergency
				  regulations and guidelines to promote and secure the safety and protection of
				  the citizens of this State.
Regulation 2007-3 is hereby promulgated by the Commissioner
				  of Insurance pursuant to the authority granted to him by
Miss. Code
				  Ann.
§§
									83-1-47;
				  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. This
				  filing makes Regulation 2007-3 a permanent Regulation.
Miss. Code Ann. §
										83-1-47
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 35 - (2007-3) Special Non-Binding Arbitration Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-35.03 - 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 arbitrate a claim involving a
				lesser amount, a claim involves a dispute in which the difference between the
				positions of the parties is $5000.00 or more. Claim does not include a dispute
				with respect to which the insurer has reported allegations of fraud to the
				Department or any law enforcement agency, 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. "Arbitrator" means an individual selected
				by the Administrator designated by the Department to arbitrate disputes
				pursuant to this regulation. Arbitrators will be selected from a panel of
				arbitrators established and maintained by the Administrator.
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 35 - (2007-3) Special Non-Binding Arbitration Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-35.04 - Notification of the Right to Arbitrate

Current through June 25, 2024
Insurers are to send to all insureds who have a disputed
				  Hurricane Katrina claim insurers a Notification of the Right to Arbitrate
				  within fourteen (14) days of the date of the adoption of this Regulation. 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.
Insurers that previously sent a Notification of the Right to
				  Arbitrate to their insureds pursuant to the requirements of Section 4 of
				  Emergency Regulation 2007-3 are not required to send an additional notice to
				  insureds upon the adoption of Regulation 2007-3.
Miss. Code Ann. §
										83-1-47
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 35 - (2007-3) Special Non-Binding Arbitration Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-35.05 - Request for Arbitration

Current through June 25, 2024
After ten (10) days from the date of the notice, an insured
				  may request arbitration by writing the Administrator at American Arbitration
				  Association, Attn: MS Insurance Arbitration, 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 Msinsarbitration@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
				arbitration; 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 35 - (2007-3) Special Non-Binding Arbitration Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-35.06 - Arbitrator and Scheduling of Arbitration

Current through June 25, 2024
A. Appointment of
				Arbitrator
A list of available arbitrators will be posted online at
www.adr.org
. The parties are encouraged
				  to agree to an arbitrator from this list and to advise the Administrator within
				  ten (10) days of the Request of Arbitration of their agreement. If the parties
				  are unable to agree upon an arbitrator, the Administrator shall make the
				  appointment from members of the panel.
B. Disqualification of Arbitrator
The parties shall be given written notice at least twenty
				  (20) days prior to the Arbitration Conference of the name of the Arbitrator.
				  The parties shall have seven (7) days to file a written request that the
				  Arbitrator be disqualified. A written request for disqualification may be made
				  for good cause; specifically, good cause shall consist of any substantive
				  conflict of interest between a party and the arbitrator; an inability of the
				  arbitrator to handle the conference competently, with diligence or good faith;
				  or other reason provided by applicable law. Any request for disqualification
				  must be made in good faith. Any request to disqualify not made in good faith
				  will result in the request for disqualification being denied. If an arbitrator
				  is disqualified for good cause, a new arbitrator will be named within five (5)
				  days. The Administrator shall make the determination if an arbitrator should be
				  disqualified.
C. Scheduling
				of Arbitration
The Administrator will schedule the arbitration conference.
				  The Administrator will attempt to facilitate reduced travel and expense to the
				  parties and the arbitrator when selecting an arbitrator and scheduling the
				  arbitration conference. The Administrator shall confer with the arbitrator and
				  all parties prior to scheduling an arbitration conference. The parties shall
				  receive at least twenty (20) days written notice of the date, time, and place
				  of the arbitration conference, and the designation of the arbitrator. The
				  insurer shall notify the Administrator as soon as possible after settlement of
				  any claim that is scheduled for arbitration pursuant to this
				  Regulation.
Miss. Code Ann. §
										83-1-47
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 35 - (2007-3) Special Non-Binding Arbitration Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-35.08 - Costs of Arbitration

Current through June 25, 2024
A. Administrative
				Fee
Within five (5) days of the insurer's receipt of the request
				  for arbitration, the insurer shall pay a non-refundable administrative fee in
				  the amount of $250.00 to the Administrator, which shall be used to defer the
				  expenses of the Administrator.
B. Fee to Arbitrator
Arbitrators shall receive $600.00 for a three (3) hour
				  arbitration conference, which shall be paid by the insurer. Arbitrators shall
				  not receive costs or expenses.
The insurer shall pay $600.00 to the Administrator for the
				  arbitrator's fee not later than five (5) days prior to the date of the
				  arbitration conference. If the arbitration is cancelled for any reason more
				  than 120 hours prior to the scheduled arbitration time and date, the insurer
				  shall pay $50.00 to the Administrator for the arbitrator's fee instead of
				  $200.00 per hour. If the conference is cancelled within 120 hours of the
				  scheduled time, the insurer shall pay $600.00 to the Administrator for the
				  arbitrator's fee.
C. Length
				of Arbitration
Each arbitration shall be scheduled for three (3) hours. The
				  parties and the arbitrator may agree to extend the arbitration conference time.
				  If an arbitration conference is extended beyond three (3) hours, the Arbitrator
				  shall receive $200.00 an hour for any time over the three (3) hour conference.
				  The insurer shall pay the additional costs to the Administrator within five (5)
				  days after the arbitration conference.
D. Failure to Appear
If the insured fails to appear without good cause as
				  determined by the Administrator, the insured may have the conference
				  rescheduled only upon the insured's payment of the arbitration fees for the
				  rescheduled conference. If the insurer fails to appear at the conference,
				  without good cause as determined by the Administrator, the insurer shall pay
				  the insured's actual expenses incurred in attending the conference and shall
				  pay the arbitrator's fee whether or not good cause exists. Failure of a party
				  to arrive at the arbitration conference within 30 minutes of the conference's
				  starting time shall be considered a failure to appear.
Good cause shall consist of severe illness, injury, or other
				  emergency which could not be controlled by the insured or the insurer and, with
				  respect to an insurer, could not reasonably be remedied prior to the conference
				  by providing a replacement representative.
If an insurer fails to appear at conferences with such
				  frequency as to evidence a general business practice of failure to appear, the
				  insurer shall be subject to penalties under
Miss. Code
				  Ann.
§
										83-5-29
				  et seq. and other applicable law.
Miss. Code Ann. §
										83-1-47
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 35 - (2007-3) Special Non-Binding Arbitration Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-35.09 - Post Arbitration Hearing

Current through June 25, 2024
A.
Findings of the Arbitrator
Within fourteen (14) days of the Arbitration conference, the
				  arbitrator shall submit to the Administrator and the parties a written finding
				  of fact. The written findings of fact shall state what remedy or relief that
				  the arbitrator deems as just and equitable and within the scope of the
				  agreement of the parties. The Findings of the Arbitrator are confidential and
				  shall not be used in any other proceeding. The arbitrator shall not make any
				  finding relating to the award of punitive damages.
Within seven (7) days of the issuance of the Findings of the
				  Arbitrator, the parties shall contact the Administrator in writing to either
				  accept or refuse the Findings. If the parties accept the Findings, and an award
				  is to be made to the insured, the insurer has seven (7) days to disburse the
				  award to the insured.
B.
Settlement of Parties
If at any time throughout this process the parties are able
				  to reach a settlement, the arbitrator shall include a copy of the settlement
				  agreement with the status report. If a settlement is reached, the insured shall
				  have three (3) business days to 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 arbitration conference. A
				  settlement agreement can be rescinded by contacting the Mississippi Department
				  of Insurance at (601) 359-3581. 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. If an
				  award is to be made to the insured, the insurer has seven (7) days to disburse
				  the award to the insured.
C. Non-binding Arbitration
This program is non-binding; therefore, neither the insured
				  nor insurer must settle the claim or accept the Findings of the Arbitrator.
				  Nothing in this Regulation shall preclude an insured's right to pursue any
				  other remedy, including but not limited to, mediation, the appraisal process
				  set forth in the insured's insurance policy, litigation, or any other dispute
				  resolution procedure available under Mississippi law.
Miss. Code Ann. §
										83-1-47
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 35 - (2007-3) Special Non-Binding Arbitration Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-35.10 - Designation of Arbitration

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 35 - (2007-3) Special Non-Binding Arbitration Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-35.11 - Court Ordered Arbitration

Current through June 25, 2024
As stated above, this Regulation shall apply and be available
				  to all first party claimants who have not commenced litigation; however,
				  notwithstanding other provisions of this Regulation, this non-binding
				  arbitration program shall be available to any party ordered to participate in
				  this program 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 35 - (2007-3) Special Non-Binding Arbitration Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-35.12 - Immunity

Current through June 25, 2024
Parties to arbitration under this Regulation shall be deemed
				  to have consented that neither the Department, the Administrator nor any
				  arbitrator shall be liable to any party in any action for damages or injunctive
				  relief for any act or omission in connection with any arbitration under this
				  Regulation.
Miss. Code Ann. §
										83-1-47
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 35 - (2007-3) Special Non-Binding Arbitration Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-35.13 - 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 35 - (2007-3) Special Non-Binding Arbitration Program for Personal Lines Residential Insurance Claims Resulting from Hurricane Katrina › Rule 19-1-35.14 - Effective Date

Current through June 25, 2024
This Regulation shall be effective upon adoption with the
				  Office of the Secretary of State of the State of Mississippi.
Signed this 30th day of August, 2007.
Miss. Code Ann. §
										25-43-3.113
				  (Rev. 2010)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 36 - (2007-4) Licensure and Regulation of Public Adjusters › Rule 19-1-36.01 - Purpose

Current through June 25, 2024
The purpose of this Regulation is to set forth the rules and
				  regulations for the licensure and regulation of public adjusters in the State
				  of Mississippi.
Miss. Code Ann.
				  §§
										83-5-1;
				  83-17-501, et seq. (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 36 - (2007-4) Licensure and Regulation of Public Adjusters › Rule 19-1-36.02 - Authority

Current through June 25, 2024
This Regulation is promulgated by the Commissioner of
				  Insurance as required pursuant to the provisions of the Licensure and
				  Regulation of Public Adjusters Act ("Act") House Bill 1524, 2007 Regular
				  Session, as approved by the Governor of Mississippi, 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;
				  83-17-501, et seq. (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 36 - (2007-4) Licensure and Regulation of Public Adjusters › Rule 19-1-36.03 - Scope

Current through June 25, 2024
This Regulation shall apply to individuals who act as a
				  public adjuster in the State of Mississippi as defined in said Act and Section
				  4(E) of this Regulation.
Miss. Code Ann.
				  §§
										83-5-1;
				  83-17-503 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 36 - (2007-4) Licensure and Regulation of Public Adjusters › Rule 19-1-36.04 - Definitions

Current through June 25, 2024
As used in this Regulation, the following terms shall be
				  defined as follows:
A. Commissioner - Commissioner of Insurance.
B. Department - Mississippi Insurance Department.
C. Insured - person or business entity who is the
				  policyholder under a real or personal property insurance claim.
D. Insurer - any insurance company or self-insured person or
				  entity, including surplus lines companies.
E. Public Adjuster - any person who, for compensation or any
				  other thing of value on behalf of the insured and subject to the prohibition
				  provided in Section
				  73-3-55:
1. Acts or aids, solely in relation to first party claims
				  arising under insurance contracts that insure the real or personal property of
				  the insured, on behalf of an insured in negotiating for, or effecting the
				  settlement of, a claim for loss or damage covered by an insurance
				  contract;
2. Advertises for employment as a public adjuster of
				  insurance claims or solicits business or represents himself or herself to the
				  public as a public adjuster of first party insurance claims for losses or
				  damages arising out of policies of insurance that insure real or personal
				  property; or,
3. Directly or indirectly solicits business, investigates or
				  adjusts loses an insured about first party claims for losses or damages arising
				  out of polices of insurance that insure real or personal property for another
				  person engaged in the business of adjusting losses or damages covered by an
				  insurance policy for the insured.
A public adjuster shall not include an attorney at
				  law.
Miss. Code Ann.
				  §§
										83-5-1;
				  83-17-501 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 36 - (2007-4) Licensure and Regulation of Public Adjusters › Rule 19-1-36.05 - Licensing Requirements

Current through June 25, 2024
The Department shall issue licenses to public adjusters and
				  emergency public adjusters in the State of Mississippi. The licensing procedure
				  and requirements are as follows:
A.
				Individual Public Adjuster License - To apply for this license, an applicant
				must provide the following information and meet the following conditions.
1. Licensing Requirements:
a. Applicant is at least twenty-one (21)
				years of age;
b. Applicant is a
				bona fide resident of this state, or is a resident of a state which will permit
				residents of this state to act as a public adjuster in such other
				state;
c. Applicant is a
				trustworthy person;
d. Applicant
				has had experience or special education or training with reference to the
				handling of loss claims under insurance contracts of sufficient duration and
				extent to make him competent to fulfill the responsibilities of a public
				adjuster, as will be discussed further in this Regulation;
e. Applicant has successfully passed an
				examination as required by the Commissioner or has been exempted according to
				the provisions of the Act and this Regulation;
f. Applicant submits documentation that he
				has either a bond or an errors or omissions policy in force in the amount of
				Fifty Thousand Dollars ($50,000) to cover any loss or claims practice of the
				public adjuster, or any holder of an emergency license certified by him, a copy
				of the Bond form is attached hereto as Exhibit "A"; and,
g. Submission of the license and application
				fee in the amount of Fifty Dollars ($50.00) as set forth in
Miss.
				Code Ann
. §
											27-15-97.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 36 - (2007-4) Licensure and Regulation of Public Adjusters › Rule 19-1-36.06 - Reciprocity

Current through June 25, 2024
The Commissioner may enter into reciprocal agreements with
				  other states for mutual recognition of individual license holders, education or
				  continuing education courses, provided that the other state will award licenses
				  or recognize education or continuing education courses to residents of this
				  state and as long as that state's requirements are substantially equivalent to
				  those set forth under the Act or this Regulation.
Miss. Code Ann.
				  §§
										83-5-1;
				  83-17-507 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 36 - (2007-4) Licensure and Regulation of Public Adjusters › Rule 19-1-36.07 - Continuing Education Requirements

Current through June 25, 2024
Every individual seeking to receive a renewal license under
				  the Act or this Regulation shall satisfactorily complete twelve (12) hours of
				  study in approved courses during each twelve -month period.
A. Renewal Period - Continuing education
				requirements are good for one year. It shall be the responsibility of each
				individual to maintain records documenting continuing education activity and to
				submit this documentation upon completion of the course.
B. Approved Courses - Only those courses
				approved by the Department for individual adjusters or public adjusters shall
				fulfill the requirements of the Act and this Regulation.
1. Department Approved Courses - To be
				approved by the Department, the course or program must be one that educates on
				the aspects of adjusting real or personal property. For any course to be
				approved as a continuing education class must be submitted to the Department
				pursuant to
Miss. Code Ann
. §
										83-17-253
				and the Continuing Education Guidelines set forth by the Commissioner with a
				course outline and receive approval prior to the actual class being
				held.
2. Other Credits - The
				Commissioner may, at his discretion, approve continuing education credits for
				teaching of classes or for any other class, work or activity performed that the
				Commissioner approves as satisfaction of the continuing education requirements.
				It is the responsibility of the individual person to receive such approval from
				the Commissioner.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 36 - (2007-4) Licensure and Regulation of Public Adjusters › Rule 19-1-36.08 - Pre-Licensing Examination

Current through June 25, 2024
Each initial applicant shall take and pass an examination
				  given by the Commissioner, or any entity he designates, to verify the
				  applicant's knowledge, qualifications and competency. The failure of an
				  applicant to pass the examination shall constitute denial of their license
				  application. However, an initial applicant who is licensed as a public adjuster
				  in another state with whom the Department has a reciprocity agreement as
				  defined in Section 6 of this Regulation may be exempt from this requirement
				  upon verification of the applicant's completion of the reciprocal state's
				  pre-licensing requirements.
Miss. Code Ann.
				  §§
										83-5-1;
				  83-17-515 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 36 - (2007-4) Licensure and Regulation of Public Adjusters › Rule 19-1-36.09 - Violations and Penalties

Current through June 25, 2024
The Commissioner shall have the ability to issue penalties
				  due to violations of the Act or Regulation, as more specifically stated in this
				  Section.
A. Violations: The following
				are violations that will result in administrative actions by the Commissioner:
1. Intentionally making a material
				misstatement in the application for an initial or renewal license;
2. Obtaining, or attempting to obtain, a
				license by fraud or misrepresentation;
3. Misappropriating, converting, or
				withholding money belonging to or entity;
4. Demonstrating a lack of trustworthiness or
				competence to act as a public adjuster, including ethical violations as set
				forth in this Regulation;
5.
				Convicted of fraudulent or dishonest practices or a felony;
6. Materially misrepresented the terms and
				conditions of insurance policies or contracts or failed to identify himself as
				a public adjuster;
7. Obtaining or
				attempting to obtain a license for a purpose other than holding himself out to
				the general public as a public adjuster;
8. Violating any insurance law, regulation,
				subpoena, or order of the Commissioner of any other state's commissioner of
				insurance
9. Failure to notify the
				Commissioner in writing within thirty (30)days of final disposition of any
				administrative action or of any criminal action taken against the public
				adjuster in any jurisdiction; or,
10. Failure to timely respond to any inquiry
				by the Commissioner.
The Department reserves the right to forward any information
				  concerning a violation to the proper law enforcement entity or the Office of
				  the Attorney General for further investigation or action.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 36 - (2007-4) Licensure and Regulation of Public Adjusters › Rule 19-1-36.10 - Written Contracts and Ethical Requirements

Current through June 25, 2024
A.
				Written Contracts - all contracts shall be in writing, signed by the insured
				and the public adjuster who solicits the contract, and a copy of the contract
				shall be provided to the insured upon execution. Furthermore, all contracts
				must meet the following requirements:
1. A
				public adjuster may only receive compensation, payment, commission, fee or
				other thing of value of no more than ten percent (10%) of any insurance
				settlement or the proceeds of any claim investigated. The contract must
				expressly state that this may include monies from any previously proposed or
				received offers of settlement.
2.
				No public adjuster may require, demand or accept any fee, retainer, and
				compensation, deposit of other thing of value, prior to partial or full
				settlement of the claim.
3. Any
				additional costs to be reimbursed to the public adjuster shall be out of the
				proceeds of a settlement and shall be specified by kind and estimated
				amounts.
4. The insured shall have
				the right to revoke the contract within five (5) business days after execution.
				The insured may also pursue any civil legal remedy to revoke or cancel the
				contract after the expiration of the cancellation period.
5. A copy of the written contract shall be
				kept for at least five (5) years after the termination of the transaction and
				shall be open to the examination by the Commissioner at all times.
6. Exhibit "B" is attached hereto containing
				all required provisions for use by public adjusters in their
				contracts.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 36 - (2007-4) Licensure and Regulation of Public Adjusters › Rule 19-1-36.11 - 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 1 - General › Chapter 36 - (2007-4) Licensure and Regulation of Public Adjusters › Rule 19-1-36.12 - Effective Date

Current through June 25, 2024
The Effective Date of this Regulation shall be July 1,
				  2007.
Miss. Code Ann. §
										25-43-3.113
				  (Rev. 2010)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 36 - (2007-4) Licensure and Regulation of Public Adjusters › Rule 19-1-36.14 - Exhibit B- Public Adjuster Contract

Current through June 25, 2024
PUBLIC ADJUSTER CONTRACT
The contract must be in writing and contain the
				  following:
A. Name and address of the
				adjuster and the insured;
B. The
				home state of the adjuster;
C. MS
				Department of Insurance license number;
D. Insured's insurance company and policy
				number;
E. Description of the loss
				and services to be provided to the insured;
F. Signatures of the public adjuster and the
				insured;
G. If public adjuster is a
				business entity, the designated licensed public adjuster must sign the
				contract;
H. Date the contract was
				signed;
I. Notice to the insured
				that they may cancel the contract within five (5) business days.
The following language should be used:
"You may cancel this contract at any time prior to midnight
				  of the fifth business days after the date this contract was signed. If you
				  decide to cancel this contract, you will be liable for reasonable and necessary
				  emergency out-of-pocket expenses or services which were paid for in incurred by
				  the public adjuster to protect the interest of the insured during the period
				  preceding cancellation.
If you cancel this contract, anything of value given by you
				  under this contract shall be returned to you within fifteen (15) business days
				  following the receipt by the public adjuster of your cancellation notice, and
				  any security interest arising out of the contract will be cancelled. To cancel
				  this contract, mail, fax or deliver in person a signed and dated written notice
				  indicating your intent to cancel this contract to (name of public adjuster) at
				  (business address)."
J. An
				attestation the public adjuster is fully bonded or insured, along with a copy
				of the bond or errors and omissions coverage policy;
K. Specify the amount of the public
				adjuster's contingency fee, not to exceed 10% of monies recovered under claim.
				The contract must clearly state if the contingency fee shall be based upon
				amounts the insured previously received from the insurer for the particular
				claim and, if so, that provision must be initialed by the insured;
				and,
L. State what type of
				out-of-pocket expenses public adjuster would be entitled to, if any, and dollar
				estimates.
A copy of the executed contract must be given to the
				  insured.
Miss. Code Ann.
				  §§
										83-5-1;
				  83-17-519 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 37 - (2008-1) Military Sales Practices › Rule 19-1-37.01 - Purpose

Current through June 25, 2024
A. The purpose of this regulation is to set
				forth standards to protect active duty service members of the United States
				Armed Forces from dishonest and predatory insurance sales practices by
				declaring certain identified practices to be false, misleading, deceptive or
				unfair.
B. Nothing herein shall be
				construed to create or imply a private cause of action for a violation of this
				regulation.
Miss. Code Ann.
				  §§
										83-5-1;
				  83-5-29 (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 37 - (2008-1) Military Sales Practices › Rule 19-1-37.02 - Scope

Current through June 25, 2024
This regulation shall apply only to the solicitation or sale
				  of any life insurance or annuity product by an insurer or insurance producer to
				  an active duty service member of the United States Armed
				  Forces.
Miss. Code Ann. §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 37 - (2008-1) Military Sales Practices › Rule 19-1-37.03 - Authority

Current through June 25, 2024
This regulation is issued under the authority of Mississippi
				  Code Ann. 83-5-29 through 83-5-51.
Miss. Code Ann. §
										83-5-29
				  (Rev. 2011)
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 37 - (2008-1) Military Sales Practices › Rule 19-1-37.04 - Exemptions

Current through June 25, 2024
A. This regulation shall not apply to
				solicitations or sales involving:
1. Credit
				insurance;
2. Group life insurance
				or group annuities where there is no in-person, face-to-face solicitation of
				individuals by an insurance producer or where the contract or certificate does
				not include a side fund;
3. An
				application to the existing insurer that issued the existing policy or contract
				when a contractual change or a conversion privilege is being exercised; or,
				when the existing policy or contract is being replaced by the same insurer
				pursuant to a program filed with and approved by the commissioner; or, when a
				term conversion privilege is exercised among corporate affiliates;
4. Individual stand-alone health policies,
				including disability income policies;
5. Contracts offered by Service members'
				Group Life Insurance (SGLI) or Veterans' Group Life Insurance (VGLI), as
				authorized by 38 U.S.C. Section 1965
et seq
.;
6. Life insurance contracts offered through
				or by a non-profit military association, qualifying under Section 501 (c) (23)
				of the Internal Revenue Code (IRC), and which are not underwritten by an
				insurer; or
7. Contracts used to
				fund:
a. An employee pension or welfare
				benefit plan that is covered by the Employee Retirement and Income Security Act
				(ERISA);
b. A plan described by
				Sections 401(a), 401(k), 403(b), 408(k) or 408(p) of the IRC, as amended, if
				established or maintained by an employer;
c. A government or church plan defined in
				Section 414 of the IRC, a government or church welfare benefit plan, or a
				deferred compensation plan of a state or local government or tax exempt
				organization under Section 457 of the IRC;
d. A nonqualified deferred compensation
				arrangement established or maintained by an employer or plan sponsor;
e. Settlements of or assumptions of
				liabilities associated with personal injury litigation or any dispute or claim
				resolution process; or
f.
				Prearranged funeral contracts.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 1 - General › Chapter 37 - (2008-1) Military Sales Practices › Rule 19-1-37.05 - Definitions

Current through June 25, 2024
A. "Active Duty" means full-time duty in the
				active military service of the United States and includes members of the
				reserve component (National Guard and Reserve) while serving under published
				orders for active duty or full-time training. The term does not include members
				of the reserve component who are performing active duty or active duty for
				training under military calls or orders specifying periods of less than 31
				calendar days.
B. "Department of
				Defense (DoD) Personnel" means all active duty service members' employees,
				including non-appropriated fund employees and special government employees, of
				the Department of Defense.
C. "Door
				to Door" means a solicitation or sales method whereby an insurance producer
				proceeds randomly or selectively from household to household without prior
				specific appointment.
D. "General
				Advertisement" means an advertisement having as its sole purpose the promotion
				of the reader's or viewer's interest in the concept of insurance, or the
				promotion of the insurer or the insurance producer.
E. "Insurer" means an insurance company
				required to be licensed under the laws of this state to provide life insurance
				products, including annuities.
F.
				"Insurance producer" means a person required to be licensed under the laws of
				this state to sell, solicit or negotiate life insurance, including
				annuities.
G. "Known" or
				"Knowingly" means, depending on its use herein, the insurance producer or
				insurer had actual awareness, or in the exercise of ordinary care should have
				known, at the time of the act or practice complained of, that the person
				solicited:
1. is a service member;
				or
2. is a service member with a
				pay grade of E-4 or below.