Department of Insurance

This Regulation is promulgated by the Commissioner of Insurance of the State of Mississippi to implement Sections 83-5-1, 83-5-19 and 83-19-79 through 83-19-97 of the Mississippi Code of 1972, as Amended, and is adopted pursuant to the authority granted to said Commissioner in Se…

A. No domestic stock insurer which has any class of equity securities held of record by three hundred or more persons, or any director, officer, or employee of such insurer, or any other person, shall solicit, or permit the use of his name to solicit, by mail or otherwise, any pr…

The following definitions apply unless the context otherwise requires: A. Affiliate. An "affiliate" of, or a person affiliated with a specified person is a person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common co…

Section 11 of this Regulation shall apply to every solicitation that is subject to Section 2. Sections 3 through 10 and Section 12 of this Regulation shall apply to every solicitation that is subject to Section 2 except the following: A. Any solicitation made otherwise than on be…

A. No solicitation subject to this Regulation shall be made unless each person solicited is concurrently furnished or has previously been furnished with a written proxy statement containing the information specified in Schedule A. B. If the solicitation is made on behalf of the i…

A. The form of proxy: 1. shall indicate in bold face type whether or not the proxy is solicited on behalf of the issuers board of directors, and, if not, by whom it is solicited; 2. shall provide a specifically designed blank space for dating the proxy; and, 3. shall identify cle…

A. The information included in the proxy statement shall be clearly presented and the statements made shall be divided into groups according to subject matter and the various groups of statements shall be preceded by appropriate headings. B. All proxy statements shall disclose, u…

A. Three preliminary copies of the proxy statement and form of proxy and any other soliciting material to be furnished to security holders concurrently therewith (or the information statement pursuant to Schedule C) shall be filed with the Commissioner at least 10 days prior to t…

If the management of the issuer has made or intends to make any solicitation subject to this Regulation, the issuer shall perform such of the following acts as may be duly requested in writing with respect to the same subject matter or meeting by any security holder who is, or se…

A. If any holder or holders of the securities of an issuer (hereafter referred to as the "proponent") notifies the issuer in writing not less than 90 days before the issuer's annual meeting of his intention to present a lawful proposal for action at a forthcoming meeting of the i…

No proxy statement, form of proxy, notice of meeting, information statement, or other communication, written or oral, subject to this Regulation shall contain any statement which, at the time and in the light of the circumstances under which it is made, is false or misleading wit…

No person making a solicitation which is subject to this Regulation shall solicit any undated or postdated proxy or any proxy which provides that it shall be deemed to be dated as of any date subsequent to the date on which it is signed by the security holder. Notes 19 Miss. Code…

A. Solicitations to Which This Section Applies. This Section applies to any solicitation subject to this Regulation by any person or group for the purpose of opposing a solicitation subject to this Regulation by any other person or group with respect to the election or removal of…

Notwithstanding the foregoing Sections, the Commissioner may permit the solicitation of proxies, consents, or authorizations, provided that the manner of solicitation and the form of the proxy, proxy statement and other documents used in such solicitation comply with the National…

If any provision of any Section of the Regulation or the application thereof to any insurer or circumstances is held 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 provis…

This Regulation shall be in full force and in effect on and after ______________ , 1981. Promulgated and adopted, This the ____ day of _______________ , 1981. Notes 19 Miss. Code. R. 1-12.16 Miss. Code Ann. § 25-43-3.113 (Rev. 2010)

A. Revocability of Proxy State whether or not the person giving the proxy has the power to revoke it. If the right of revocation before the proxy is exercised is limited or is subject to compliance with any formal procedure, briefly describe such limitation or procedure. B. Disse…

A. Issuer State the name and address of the Issuer. B. Identity and Background 1. State the following: a. Your name and business address. b. Your present principal occupation or employment and the name, principal business and address of any corporation or other organization in wh…

Note. Where any item other than Item 5, calls for information with respect to any matter to be acted upon at the meeting, such item need be answered only with respect to proposals to be made by the issuer. A. Information Required by Items of Schedule 14A Furnish the information c…

This regulation contains the rules and procedures to be followed by the Mississippi Insurance Department in implementing the Public Records Act of 1983, Miss. Code Ann. 25-61-1, et seq. Employees of the Mississippi Insurance Department may, however, continue to furnish to the pub…

The policy of the Mississippi Insurance Department is one of full and responsible disclosure of its identifiable records consistent with the provisions of the Public Records Act of 1983, Miss. Code Ann. 25-61-1 et seq. All records not exempt from disclosure will be made available…

A. Personnel 1. A Freedom of Information Officer will be responsible for the processing of all official requests for information/records pertaining to the Mississippi Insurance Department and its separate divisions including the offices of the Fire Marshal and the Liquefied Compr…

A. A request for a record of the Mississippi Insurance Department may be made orally or in writing and shall be directed to said agency either by mail at the usual mailing address, P.O. Box 79, Jackson, MS 39205 or in person at the offices of the Mississippi Insurance Department …

A. Pursuant to the time frames established by Miss. Code Ann. § 25-43-1.106, the Mississippi Insurance Department shall determine whether to comply with or to deny the request and shall dispatch such determination to the requestor. B. If no determination has been dispatched at th…

A. A requested record shall not be withheld from inspection or copying unless it comes within one of the classes of records exempted by the Public Records Act of 1983, Miss. Code Ann. 25-61-1 et seq. B. The classes of records authorized to be exempted from disclosure are those wh…

A. When a requested record has been identified and is available, the Mississippi Insurance Department shall notify the requestor as to where and when the record is available for inspection or copies will be available if applicable. The notification shall also advise a requestor o…

A. Charges for services rendered in response to information requests shall be as follows: 1. Searching for records, per quarter hour, or any part thereof, by clerical personnel........ $1.50 2. Non-routine searching, per quarter hour, or any part thereof, by supervisory personnel…

A. When a request for records has been denied in whole or in part by the Mississippi Insurance Department, the requestor may appeal the denial to the Commissioner of Insurance or may seek immediate judicial review of the denial in the Chancery Court. B. An appeal to the Commissio…

A. The Mississippi Insurance Department shall make and maintain records pertaining to each request for information, including copies of correspondence. The material shall be filed by individual request. B. The Mississippi Insurance Department shall maintain a file, open to the pu…

The Effective Date of this Regulation is thirty (30) days from and after its adoption and filing with the Secretary of State's Office. Notes 19 Miss. Code. R. 1-13.11 Miss. Code Ann. § 25-43-3.113 (Rev. 2010)

This Regulation is promulgated by the Commissioner of Insurance of the State of Mississippi to implement Section 83-5-5, 83-5-29, 83-5-31, 83-5-33, 83-5-35(g), and 83- 5-45 of the Mississippi Code of 1972, Annotated and Amended, and is promulgated with an effective date of thirty…

A. For the purpose of this regulation, "contract" shall mean "insurance policy" or "insurance contract" as defined in Section 83-5-5 and as specifically provided for in Chapter 7 and 9 of Title 83 of the Mississippi Code of 1972. B. "Person" shall mean "person" as defined in Sect…

This regulation shall apply to all contracts delivered or issued for delivery in this state by a person on or after the effective date of this regulation and to all existing group contracts which are amended or renewed on or after the effective date of this regulation. Nothing co…

For the purposes of Section 83-5-35(g)(1)(2) of the Code, individuals shall not be considered to be of the same class solely because such individuals are blind or partially blind. Notes 19 Miss. Code. R. 1-14.04 Miss. Code Ann. § 83-5-35 (Rev. 2011)

The following are hereby indentified as acts or practices which constitute unfair discrimination between individuals of the same class: Refusing to insure, or refusing to continue to insure, or limited the amount, extent or kind coverage available to an individual, or charging an…

This Regulation is promulgated by the Commissioner of Insurance pursuant to the requirements of Miss. Code Ann. §25-43-5 an in accordance with the Mississippi Administrative Procedures Law. Some provisions of this Regulation are promulgated pursuant to the requirements of Miss. C…

Miss. Code Ann. §25-43-5, the "Administrative Procedures Law", requires each agency of state government to adopt as a rule a description of its organization, stating the general course and method of its operations and the methods whereby the public may obtain information or make …

This Regulation shall be of general applicability and shall apply in all cases except to the extent a statute of the State of Mississippi provides otherwise. Notes 19 Miss. Code. R. 1-15.03 Miss. Code Ann. § 25-61-5 (Rev. 2021) Amended 1/2/2024

A. Department - The Insurance Department of the State of Mississippi. B. State Fire Marshal's Office - a division of the Department that is tasked with coordinating and assisting Mississippi fire and law enforcement services in order to protect life and property from fire and rel…

A. Description of Department - The Insurance Department generally regulates all insurance companies and their agents doing business in the State of Mississippi. The Department's responsibilities include, but are not limited, to the following: granting or withholding of charters, …

A. License Required - All insurance producers and business entities must be properly licensed before engaging in the business of insurance in this state. All applicants must have complied with the licensing laws prior to receiving a license to engage in the business of insurance …

A. Authority and Control - The Department has the sole authority and control over the issuance, grant, denial, refusal, suspension, revocation, expiration, termination, continuance, and renewal of licenses and certificates of authority for all insurers. B. License Forfeited - Upo…

A. Notices issued by the Department - Notices shall be effective only when in writing, signed by the Commissioner, his designee, or his attorney. 1. Every notice shall state its effective date. 2. Every notice shall concisely state;a. Its intent and purpose; b. The grounds on whi…

A. Notice and Hearing - Unless otherwise provided in statutory law, any administrative action of the Commissioner shall only be made after notice and hearing to the respondent. B. Written Orders - Orders of the Commissioner shall be effective only when in writing. C. Order Formul…

The Department may issue Bulletins, which are considered guidance and explanatory in nature, without notice and hearing, and without public participation. Upon adoption of a Bulletin by the Commissioner, the a copy of the Bulletin shall be placed on the Department website, and el…

A. The Department shall comply with the Mississippi Administrative Procedures Act, Miss. Code Ann. §§ 25-43-1, et. seq., in the establishment the rules and regulations of the Department. B. Notice - Prior to adoption, amendment or repeal of any regulation, the Department shall gi…

Pursuant to Miss. Code. Ann. § 25-43-2.103, any person with a substantial interest in the subject matter may make a written request of an agency for a declaratory opinion as to the applicability to specified circumstances of a statute, rule or order within the primary jurisdictio…