Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 2 - (FR 68-1) Filing Regulations › Rule 19-5-2.07 - House Bill No. 121

Current through June 25, 2024
An Act to provide that no automobile liability insurance
				  policy shall be issued unless coverage is provided therein for the protection
				  of the insured against loss caused by an uninsured vehicle; to provide the
				  procedure connected therewith; and for related purposes.
Be it enacted by the legislature of the
				  State of Mississippi
.
A. No automobile liability insurance policy
				or contract shall be issued or delivered after January 1, 1967, unless it
				contains an endorsement or provisions undertaking to pay the insured all sums
				which he shall be legally entitled to recover as damages for bodily injury or
				death from the owner or operator of an uninsured motor vehicle, within limits
				which shall be no less than those set forth in the Mississippi Motor Vehicle
				Safety Responsibility Act, as amended, under provisions approved by the
				commissioner of Insurance;
however, at the option of the
				insured, the uninsured motorist limits may be increased to limits not to exceed
				those provided in the policy of bodily injury liability insurance of the
				insured or such lesser limits as the insured elects to carryover the minimum
				requirement set forth by this
				section
.1The coverage required
				herein shall not be applicable where any insured named in the policy shall
				reject the coverage in writing and provided further, that, unless the named
				insured requests such coverage in writing, such coverage need not be provided
				in any renewal policy where the named insured has rejected the coverage in
				connection with a policy previously issued to him by the same
				insurer.
B. As used herein:
1. the term "bodily injury" shall include
				death resulting here from;
2. the
				term "insured" means the named insured and, while resident of the same
				household, the spouse of any such named insured, and relatives of either, while
				in a motor vehicle or otherwise, and any person who uses, with the consent,
				expressed or implied, of the named insured, the motor vehicle to which the
				policy applies, and a guest in such motor vehicle to which the policy applies,
				or the personal representative of any of any of the above; and
3. the term "uninsured motor vehicle' means a
				motor vehicle as to which there is:
a. no
				bodily injury liability insurance or bodily injury liability insurance with
				limits less than the amounts specified in Section 1, but it will be considered
				uninsured only for that amount between the limit carried and the limit required
				in Section 1;
b. there is such
				insurance in existence but the insurance company writing the same has legally
				denied coverage thereunder, or is unable, because of being insolvent at the
				time of, or becoming insolvent during the twelve (12) months following the
				accident, to make payment with respect to the legal liability of is insured
				within the limits specified in said Section 1; or
c. there is no bond or deposit of cash or
				securities in lieu of such bodily injury and property damage liability
				insurance or other compliance with the State Financial Responsibility Law.
Provided, however, no vehicle shall be considered uninsured
				  that is owned by the United States Government and against which a claim may be
				  made under the Federal
________________________
1An Act to amend Section
				  83-11-101,
				  Mississippi Code of 1972, to provide that uninsured motorist coverage limits
				  may be increased, at the option of the insured, to equal the limits of bodily
				  injury liability of the insured; and for related purposes. This act shall take
				  effect and be in force from and after July 1, 1974.
Tort Claims Act as amended. A motor vehicle shall be deemed
				  to be uninsured if the owner or operator thereof be unknown; provided, that in
				  order for the insured to recover under the endorsement where the owner or
				  operator of any motor vehicle which causes bodily injury to the insured is
				  unknown, actual physical contact must have occurred between the motor vehicle
				  owned or operated by such unknown person and the person or property of the
				  insured.
4. The
				definition of the term "insured" given in this paragraph shall apply only to
				the uninsured motorist portion of the policy.