Department of Insurance

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 con…

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 diffe…

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 f…

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 r…

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 Ad…

A. The representative of the insurer attending the conference must bring a copy of the policy and the entire claims file to the conference. Disclosure of material from the claims file is within the discretion of the mediator, and the mediator shall avoid production of privileged …

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 …

The Department has designated the American Arbitration Association as its Administrator to carry out certain duties and responsibilities under this regulation. Notes 19 Miss. Code. R. 1-32.09 Miss. Code Ann. § 83-1-47 (Rev. 2011)

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. Notes 19 Miss. Code. R. 1-32.10 Miss. Code Ann. § 83-5-1 (Rev…

This regulation shall be effective thirty (30) days upon filing with the Office of the Secretary of State of the State of Mississippi. Notes 19 Miss. Code. R. 1-32.11 Miss. Code Ann. § 25-43-3.113 (Rev. 2010)

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…

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 a…

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 Progr…

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 Notes 19 Miss. Code. R. 1-33.04 Miss. Code Ann. § 8…

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. Notes 19 Miss. Code. R. 1-33.05 Miss. Code Ann. § 83-5-1 (Rev. 2011)…

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. Notes 19 Miss. Code. R. 1-33.06 Miss. Code Ann. § 25-43-3.113 (Rev. 2011)

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 in…

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…

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 cover…

The rights set forth below shall serve as standards to be followed by the Mississippi Department of Insurance in exercising the Department's powers and duties, in exercising administrative discretion, in dispensing administrative interpretations of the law, and in regulating insu…

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 …

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 insur…

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. Notes 19 Miss.…

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 (…

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 …

The Effective Date of this amended Regulation shall be thirty (30) days from date of final filing with the Secretary of State. Notes 19 Miss. Code. R. 1-34.10 Miss. Code Ann. § 25-43-3.113 (Rev. 2010) Amended 9/17/2018

OUTLINE OF COVERAGE AND COMPREHENSIVE POLICY CHECKLIST The following is an outline of coverage and comprehensive policy checklist (hereinafter "checklist") of your insurance policy and is for informational purposes only. Mississippi law prohibits this checklist from changing any …

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 a…

Mississippi Insurance Department Regulation 2005-2 was adopted by the Commissioner of Insurance on December 20, 2005, to allow for all Mississippi insureds to enter into a non-binding voluntary mediation conference with their insurance company regarding any claim disputes arising…

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 dif…

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 Exhi…

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 …

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 par…

A. Exchange of Information At least two (2) business days prior to the hearing, the parties shall exchange copies of all exhibits they intend to submit at the hearing. The arbitrator shall resolve disputes concerning the exchange of exhibits. B. Attendance at Conference The Arbit…

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 A…

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 …

The Department has designated the American Arbitration Association as its Administrator to carry out certain duties and responsibilities under this Regulation. Notes 19 Miss. Code. R. 1-35.10 Miss. Code Ann.§ 83-1-47 (Rev. 2011)

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 …

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 …

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. Notes 19 Miss. Code. R. 1-35.13 Miss. Code Ann. § 83-5-1 (Rev. 2011)…

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. Notes 19 Miss. Code. R. 1-35.14 Miss. Code Ann. § 25-43-3.113 (Rev. 2010)

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. Notes 19 Miss. Code. R. 1-36.01 Miss. Code Ann. §§ 83-5-1; 83-17-501, et seq. (Rev. 2011)

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 M…

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. Notes 19 Miss. Code. R. 1-36.03 Miss. Code Ann. §§ 83-5-1; 83-17-503 (Rev. 2011)

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 c…

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 …

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 res…