Mississippi Administrative Code

This Emergency Regulation No. 2001-2 shall repeal and supersede Mississippi Department of Insurance Emergency Regulation No. 2000-7, and Final Regulation No. 2000-6, only to the extent that said Regulations require Licensees to comply with Title V of GLBA by July 1, 2001. Notes 1…

This Emergency Regulation shall be effective immediately upon filing with the Office of the Secretary of State of the State of Mississippi. Notes 19 Miss. Code. R. 1-29.06 Miss. Code Ann. § 25-43-3.113 (Rev. 2010)

Within the past few months certain agents have published insurance advertising that has been confusing to the general public. I, therefore, feel that it is incumbent upon me as Insurance Commissioner to advise all Mississippi Agents that any further misleading or confusing advert…

This Regulation is promulgated by the Commissioner of Insurance pursuant to the authority granted to him by Miss. Code Ann. §§ 83-17-1, 83-17-41, and 83-17-87 (Supp. 2001), as well as the provisions of Mississippi Department of Insurance Regulation No. 88-101, said regulation bei…

The purpose of this Regulation is to allow vehicle rental companies and their employees to obtain limited licenses to permit the selling, soliciting, or negotiating of specific categories of insurance in connection with the rental of vehicles in accordance with Miss. Code Ann. § …

For the purposes of this Regulation, the following terms shall have the following meanings: A. "Commissioner" means the Commissioner of Insurance of the State of Mississippi. B. "Limited licensee" means a person or business entity authorized to sell, solicit, or negotiate certain…

A. The Commissioner may issue to a rental company that has complied with the requirements of this section a limited license authorizing the limited licensee to sell, solicit, or negotiate insurance in connection with the rental of vehicles. Each limited licensee rental company sh…

A. The rental company licensed pursuant to subsection (1) of Section 4 of this Regulation may sell, solicit, or negotiate insurance only in connection with an incidental to the rental of vehicles, whether at the rental office, over the internet or by pre-selection of coverage in …

Facsimile signatures may be used in accordance with Miss. Code Ann. § 83-17-21. Notes 19 Miss. Code. R. 1-30.06 Miss. Code Ann. § 83-17-21 (Rev. 2011)

No limited licensee under this Regulation shall advertise, represent, or otherwise hold itself or any of its employees out as licensed insurers, insurance agents, or insurance brokers. Notes 19 Miss. Code. R. 1-30.07 Miss. Code Ann. § 83-17-87 (Rev. 2011)

Premium payments should be made payable either to the Insurance Company issuing the policy or the motor vehicle rental company which has obtained this limited license. If the payment is made payable to the licensed motor vehicle rental company, then it will be the rental company'…

If any provision of any 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 applica…

The Effective Date of this Regulation shall be thirty (30) days from and after its adoption and filing with the Secretary of State's Office of the State of Mississippi. Notes 19 Miss. Code. R. 1-30.10 Miss. Code Ann. § 25-43-3.113 (Rev. 2011)

The purpose of this Regulation is to set forth restrictions and procedural requirements for personal lines insurers licensed in Mississippi regarding the use of an applicant's credit history and/or insurance scores for calculating rates and determining eligibility for coverage or…

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. 1999), as well as the provisions of Mississippi Department of Insurance Regulation No. 88-101, said regulation b…

This Regulation shall apply to personal insurance written by all personal lines insurers licensed in the State of Mississippi. Personal insurance is defined herein and must be for personal, family or household use. Notes 19 Miss. Code. R. 1-31.03 Miss. Code Ann. § 83-5-29 (Rev. 2…

The following definitions shall apply for purposes of this Regulation: A. Adverse Action - A denial, non-renewal, or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of any insurance, existing…

A. Insurers must maintain and make available upon request by the Department specific written procedures detailing their practices regarding credit history and insurance scores, including the following information:1. When credit history will be ordered and when insurance scores wi…

A. Insurers shall not deny, cancel or non-renew personal insurance coverage, calculate an insurance score, determine personal insurance premiums or rates, or place an applicant in a tier based on the following types of credit history: 1. The type of credit card, charge card or de…

A. If an insurer writing personal insurance uses credit history or an insurance score in underwriting or rating an applicant, the insurer shall disclose, either on the insurance application or at the time the insurance application is taken, that it may obtain credit history and/o…

An insurer shall indemnify, defend, and hold agents harmless from and against all liability, fees and costs arising out of or relating to the actions, errors or omissions of an agent who obtains or uses credit history and/or insurance scores for an insurer, provided the agent fol…

A. No consumer reporting agency shall provide or sell data or lists that include any information that in whole or in part was submitted in conjunction with an insurance inquiry about an insured's credit history or a request for an insurance score. Such information includes, but i…

Failure to comply with a material provision of this regulation is considered a violation of Miss. Code Ann. § 83-5-17 (Rev. 1999) and Miss. Code Ann. §§ 83-5-29 through 83-5-51 (Rev. 1999). Violation of said statutes may subject the insurer to the suspension or revocation of the …

Nothing in this Regulation shall be construed to modify, limit, or supersede the operation of the Fair Credit Reporting Act, 15 U.S.C. §1681, et seq. Notes 19 Miss. Code. R. 1-31.11 Miss. Code Ann. § 83-5-29 (Rev. 2011)

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 Regulation shall be thirty (30) days from and after its adoption and filing with the Secretary of State's Office of the State of Mississippi. In order to provide sufficient time for the insurers to establish policies and systems to comply with this Regu…

Mississippi Regulation 2003-1 Compliance Checklist Throughout this document, "Insurer" refers to company name _____________________ , ___________________ AIC number _______________ . Please check all boxes that apply and return the signed, completed checklist to the Mississippi D…

The 2005 Hurricane season has been 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 St…

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…