Mississippi Administrative Code › Title 21 - Law And Justice › Part 301 - Mississippi Tort Claims Board Rules › Chapter 9 - Mississippi Tort Claims Board Application Regulations for Political Subdivisions › Rule 21-301-9.1 - Insurance Requirements for Political Subdivisions

Current through June 25, 2024
The Mississippi Tort Claims Board (the Board) was
				  established pursuant to HB 417, Regular Session 1993, and Section
				  11-46-1 et
				  seq. of the Mississippi Code of 1972, as amended. Section
				  11-46-17(3) requires
				  that "All political subdivisions shall, from and after October 1, 1993, obtain
				  such policy or policies of insurance, establish such self insurance reserves,
				  or provide a combination of such insurance and reserves as necessary to cover
				  all risks of claims and suits for which political subdivisions may be liable
				  under this chapter; provided, except any political subdivision shall not be
				  required to obtain pollution liability insurance. However, this shall not limit
				  any cause if action against such political subdivision relative to limits of
				  liability under the Tort Claims Act. Such policy or policies of insurance or
				  such self insurance may contain any reasonable limitations or exclusions not
				  contrary to Mississippi state statutes or case law as are normally included in
				  commercial liability insurance policies generally available to political
				  subdivisions. All such plans of insurance and/or reserves shall be submitted
				  for approval to the Board. The Board shall issue a Certificate of Coverage to
				  each political subdivision whose plan of insurance and/or reserves it approves
				  in the same manner as provided in subsection (2) of this section. Whenever any
				  political subdivision fails to obtain the Board's approval of any plan of
				  insurance and/or reserves, the political subdivision shall act in accordance
				  with the rules and regulations of the Board and obtain a satisfactory plan of
				  insurance and/or reserves to be approved by the board."
A.
Purchase of Liability
				Insurance
:
1. Any political
				subdivision purchasing a liability policy or policies shall purchase such
				policy only from an insurance company with a minimum Best rating of B+, or with
				a certification from the Department of Insurance, or a determination by the
				Tort Claims Board, that such insurance company has a sound financial condition.
				This paragraph shall not be construed as a delegation of authority by the Tort
				Claims Board to any person or entity, and the Tort Claims Board specifically
				reserves unto itself the authority to approve or disapprove such insurance
				company based on other appropriate criteria.
2. Minimum limits of such liability policies
				must meet or exceed the statutory limitations of liability as established by
				the Tort Claims Act.
3. All such
				policies must be presented to the board in the form of a copy of the
				declaration page of such policy or policies.
4. Each subdivision shall purchase such
				insurance and shall present same to the board for approval and issuance of a
				Certificate of Coverage.