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Mississippi Statutes, Title 83

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Mississippi/Statutes

← All Mississippi coverage

Title 83, Insurance

61 chapters · 1,359 sections in this title.

All chapters in Title 831,359 Ch 5, General Provisions Relative to Insur…172 Ch 9, Accident, Health and Medicare Supple…87 Ch 19, Domestic Companies73 Ch 17, Insurance Agents, Solicitors, or Adj…68 Ch 31, Mutual Companies65 Ch 24, Insurers Rehabilitation and Liquidat…60 Ch 7, Life Insurance58 Ch 41, Hospital and Medical Service Associa…53 Ch 11, Automobile Insurance46 Ch 23, Insolvent Insurance Companies; Insur…45 Ch 1, Department of Insurance43 Ch 30, Larger Fraternal Benefit Societies39 Ch 29, Fraternal Societies38 Ch 6, Registration and Examination of Insurers29

68 sections·Filtered byTitle 83✕Ch 17✕

Miss. Code Ann. § 83-17-1 Agent defined
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(a) Whenever used in this chapter, the following words shall have the meanings ascribed herein unless the context clearly indicates otherwise:(a) “Agent” means an insurance producer as defined in this section.(b) “Nonactive agent” means an individual who is retired, disabled or h…
Miss. Code Ann. § 83-17-13 Penalty for signing blank policy
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It shall be unlawful for any agent of a fire insurance company, or of any other insurance company which is required to have its policies signed by a resident agent, to sign any blank policy of insurance. Upon satisfactory proof that any agent has violated the provisions of this s…
Miss. Code Ann. § 83-17-19 Penalty for soliciting without license
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Every person who, either as principal or agent or pretending to be such, shall solicit, examine, or inspect any risk, or shall examine into, adjust, or aid in adjusting any loss, or shall receive, collect, or transmit any premiums of insurance, or shall do any other act in the so…
Miss. Code Ann. § 83-17-21 Policies to be written through licensed agents
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No fire, fire marine, accident, health, employers’ liability, steam boiler, plate glass, fidelity, surety, burglary, or other insurance company except life insurance companies, not incorporated under the laws of this state authorized to transact business herein shall make, write,…

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Miss. Code Ann. § 83-17-25 Duration of privilege licenses

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No certificate of authority shall be issued to any agent who has not previously obtained from the commissioner a privilege license to act as an insurance agent; provided that agents or organizers of fraternal orders shall not be required to have such privilege license. The privil…

Miss. Code Ann. § 83-17-3 Personal liability

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An insurance agent shall be personally liable on all contracts of insurance unlawfully made by or through him, directly or indirectly, for or in behalf of any company not authorized to do business in the state.

Miss. Code Ann. § 83-17-37 Expiration of license; application for renewal

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(1) Each license issued to a producer shall expire on the mandated renewal date following the date of issue, unless prior thereto it is revoked or suspended by the commissioner. (2) Each producer shall file an application for renewal of license on the form and in the manner presc…

Miss. Code Ann. § 83-17-39 Examination of applicants; classification of applicants; textbooks and learning materials

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(1) Each applicant for a license to act as a producer within this state shall submit to a personal written examination to determine his competence to act as a producer and his familiarity with the pertinent provisions of the laws of this state, and shall pass the same to the sati…

Miss. Code Ann. § 83-17-41 Licensing by type or kind of insurance; sanctions for selling type or kind of insurance for which not properly licensed

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The commissioner may, from time to time, make reasonable groupings into type, types or kinds of insurance that may be lawfully written in this state, for the purpose of prescribing reasonable written examinations for producer and solicitor licenses for each group respectively, an…

Miss. Code Ann. § 83-17-45 Prohibited acts; liability

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(1) No producer or other persons shall, within this state, solicit, procure, receive or forward applications for insurance or annuities, or issue or deliver policies for, or in any manner secure, help, or aid in the placing of any contract of insurance or annuity for any person o…

Miss. Code Ann. § 83-17-47 Commissioner’s subpoena power

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The Commissioner of Insurance shall have the power to administer oaths and affirmations, issue subpoenas and order the attendance and testimony of witnesses and the production of papers, books and documents. Upon the failure of any person to comply with any subpoena or order issu…

Miss. Code Ann. § 83-17-5 Agent certificate; notification of nonrenewal required

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Every agent of any insurance company, fraternal order or association authorized to do business in this state shall be required to obtain from the Commissioner of Insurance a certificate under the seal of his office showing that the company for which he or she is licensed to do bu…

Miss. Code Ann. § 83-17-7 Commission to unauthorized agent unlawful; employees or authorized agents of limited license rental car company may receive commission under rental car company’s limited license

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(1) It shall be unlawful for any insurance company or any insurance agent to pay, directly or indirectly, any commission, brokerage or other valuable consideration on account of any policy or policies written on risks in this state to any person, agent, firm or corporation not du…

Miss. Code Ann. § 83-17-51 Purpose and scope of article

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The purpose of this article is to provide the qualifications and procedures required for the licensing of insurance producers. This article does not apply to excess and surplus lines agents and brokers licensed under Sections 83-21-17 through 83-21-31 except as provided in Sectio…

Miss. Code Ann. § 83-17-53 Definitions

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(a) The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:(a) “Business entity” means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity.(b) “Comm…

Miss. Code Ann. § 83-17-55 License required to sell, solicit or negotiate insurance; requirements for issuing license to partnerships; employees or authorized agents of limited license rental car company may offer, sell or solicit certain insurance under limited license of rental car company

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(1) A person shall not sell, solicit or negotiate insurance in this state for any class or classes of insurance unless the person is licensed for that line of authority in accordance with this article. (2) No license shall be issued to a partnership unless all the partners thereo…

Miss. Code Ann. § 83-17-57 Exemptions from licensing requirement

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(1) Nothing in this article shall be construed to require an insurer to obtain an insurance producer license. In this section, the term “insurer” does not include an insurer’s officers, directors, employees, subsidiaries or affiliates. (2) A license as an insurance producer shall…

Miss. Code Ann. § 83-17-59 Examination

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(1) A resident individual applying for an insurance producer license shall pass a written examination unless exempt under Section 83-17-67 or Section 83-17-39. The examination shall test the knowledge of the individual concerning the lines of authority for which application is ma…

Miss. Code Ann. § 83-17-61 Application requirements

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(1) A person applying for a resident insurance producer license shall make application to the commissioner on the uniform application and declare under penalty of refusal, suspension or revocation of the license that the statements made in the application are true, correct and co…

Miss. Code Ann. § 83-17-63 Qualification for license in certain lines of authority; license to remain in effect absent revocation, suspension, or failure to pay annual fee; reinstatement and renewal; waiver of renewal requirements due to extenuating circumstances; information to be included on license; change of address

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(1) Unless denied licensure under Section 83-17-71, persons who have met the requirements of Sections 83-17-59 and 83-17-61, shall be issued an insurance producer license. An insurance producer may receive qualification for a license in one or more of the following lines of autho…

Miss. Code Ann. § 83-17-64 Limited license as insurance producer for self-storage insurance; definitions; employee or representative of licensee may act on behalf of licensee under certain circumstances

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(1) For purposes of this section, the following terms have the following meanings unless the context clearly indicates otherwise. Any terms defined in Section 85-7-121 shall have the meaning provided therein unless otherwise defined in this section.(a) “Limited lines producer” me…

Miss. Code Ann. § 83-17-65 Nonresident licenses

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(1) Unless denied licensure pursuant to Section 83-17-71, a nonresident person shall receive a nonresident producer license if:(a) The person is currently licensed as a resident and is in good standing in his or her home state;(b) The person has submitted the proper request for l…

Miss. Code Ann. § 83-17-67 Individuals licensed in another state; exemption from prelicensing education or examination; 90-day application deadline

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(1) An individual who applies for an insurance producer license in this state who was previously licensed for the same lines of authority in another state shall not be required to complete any prelicensing education or examination. This exemption is only available if the person i…

Miss. Code Ann. § 83-17-69 Temporary license

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(1) The commissioner may issue a temporary insurance producer license for a period not to exceed one hundred eighty (180) days without requiring an examination if the commissioner deems that the temporary license is necessary for the servicing of an insurance business in the foll…

Miss. Code Ann. § 83-17-71 Violations; penalties; judicial review; funding of agency expenses; deposit of monies into State General Fund

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(1) The commissioner may place on probation, suspend, revoke or refuse to issue or renew an insurance producer’s license or may levy a civil penalty in an amount not to exceed One Thousand Dollars ($1,000.00) per violation and such penalty shall be deposited into the special fund…

Miss. Code Ann. § 83-17-73 Licensing required before individual may accept commission for selling; employees or authorized agents of limited license rental car company may receive commission under rental car company’s limited license

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(1) An insurance company or insurance producer shall not pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting or negotiating insurance in this state if that person is required to be licensed under this article and is not so …

Miss. Code Ann. § 83-17-75 Appointment of producer as agent of insurer

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(1) An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed. (2) To appoint a producer as its agen…

Miss. Code Ann. § 83-17-77 Notification of termination of insurance business relationship; termination procedure; immunity from civil liability absent actual malice; confidential and privileged information

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(1) An insurer or authorized representative of the insurer that terminates the appointment, employment, contract or other insurance business relationship with a producer shall notify the commissioner within thirty (30) days following the effective date of the termination, using a…

Miss. Code Ann. § 83-17-79 Reciprocity

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(1) The commissioner shall waive any requirements for a nonresident license applicant with a valid license from his or her home state, except the requirements imposed by Section 83-17-65, if the applicant’s home state awards nonresident licenses to residents of this state on the …

Miss. Code Ann. § 83-17-81 Producer to report to commissioner any administrative or criminal action initiated against producer

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(1) A producer shall report to the commissioner any administrative action taken against the producer in another jurisdiction or by another governmental agency in this state within thirty (30) days of the final disposition of the matter. This report shall include a copy of the ord…

Miss. Code Ann. § 83-17-83 Appellate review

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Any person aggrieved by any action or decision of the Commissioner of Insurance under the provisions of this article may appeal therefrom, within thirty (30) days after receipt of notice thereof, to the Circuit Court of the First Judicial District of Hinds County by certiorari in…

Miss. Code Ann. § 83-17-85 Inquisitorial and subpoena power of commissioner

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For the purpose of making such investigations as he may deem necessary for the proper administration of this article, the commissioner shall have inquisitorial powers and shall be empowered to subpoena witnesses and examine them under oath, provided that all testimony, documents,…

Miss. Code Ann. § 83-17-87 Regulations

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The commissioner may, in accordance with Section 25-43-1.101 et seq., promulgate reasonable regulations as are necessary or proper to carry out the purposes of this article.

Miss. Code Ann. § 83-17-89 Severability

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If any provisions of this article, or the application of a provision to any person or circumstances, shall be held invalid, the remainder of the article, and the application of the provision to persons or circumstances other than those to which it is held invalid, shall not be af…

Miss. Code Ann. § 83-17-251 Completion of approved prelicensing and continuing educational courses; exemptions from prelicensing educational requirements; number of classroom hours required; exemptions from continuing educational requirements

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(1) Every individual seeking to be licensed as an insurance producer in the State of Mississippi, as a condition of issuance of an original license, must furnish the Commissioner of Insurance certification on a form prescribed by the commissioner that he or she has completed an a…

Miss. Code Ann. § 83-17-253 Prelicensing educational and continuing educational program requirements; establishment of standards for evaluating programs

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(1) To qualify for credit towards satisfaction of the requirements of this section, an educational program must be a formal program of learning which contributes directly to the professional competence of the licensee and such program must meet the standards outlined herein for p…

Miss. Code Ann. § 83-17-255 Prelicensing and continuing educational advisory committee; membership; quorum

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(1) A prelicensing and continuing educational advisory committee, comprised of at least three (3) but not more than seven (7) individuals, may be appointed by and shall serve at the pleasure of the Commissioner of Insurance to advise the commissioner concerning prelicensing and c…

Miss. Code Ann. § 83-17-257 Certification of attendance and completion of prelicensing and continuing educational programs; exceptions

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(1) Educational providers shall submit proof of each attendee’s successful completion of approved prelicensing and continuing educational programs to the Commissioner of Insurance in an electronic format approved by the commissioner within thirty (30) days of the course completio…

Miss. Code Ann. § 83-17-259 Commissioner of Insurance may grant exception or extension of time

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The Commissioner of Insurance, upon written request, may grant exception to or extend the time in which a licensee must comply with the continuing educational requirements of this section for reasons of poor health, military service or other reasonable and just causes.

Miss. Code Ann. § 83-17-261 Failure of agent to meet educational requirements; penalties

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(1) Any individual failing to meet the requirements of this section and who has not been granted an extension of time within which to comply or who has submitted to the Commissioner of Insurance a false or fraudulent certificate of compliance shall be subject to suspension or rev…

Miss. Code Ann. § 83-17-401 Definitions

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(a) As used in this article, unless the context otherwise requires:(a) “Adjuster” means any person who, as an independent contractor, or as an employee of an independent contractor, adjustment bureau, association, insurance company or corporation, managing general agent or self-i…

Miss. Code Ann. § 83-17-403 Posing as adjuster prohibited; penalty

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(1) No person shall act as or hold himself out to be an adjuster in this state unless he is licensed therefor by the Commissioner of Insurance in this state, except that an individual, who is undergoing education and training as an adjuster under the direction and supervision of …

Miss. Code Ann. § 83-17-405 Application for license

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Application for a license as an insurance adjuster shall be made to the commissioner upon forms as prescribed and furnished by the commissioner. As a part of, or in connection with, any such application, the applicant shall furnish such information concerning his identity, person…

Miss. Code Ann. § 83-17-407 Waiver of license requirement for certain adjuster license applicants; prohibition against denial of reciprocity for applicant licensed in another state solely because applicant is not resident of the United States

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The commissioner may waive any license requirement for an applicant with a valid license from another state having license requirements substantially equivalent to those of this state, or an applicant with a certification from a person or entity approved by the commissioner that …

Miss. Code Ann. § 83-17-409 Emergency licenses; conditions for issuing; fee

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In the event of a catastrophe or emergency which arises out of a disaster, act of God, riot, civil commotion, conflagration or other similar occurrence, the commissioner, upon application, shall issue an emergency license to persons who are residents or nonresidents of this state…

Miss. Code Ann. § 83-17-411 Reference of claim to unlicensed adjuster prohibited

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An insurer shall not knowingly refer any claim or loss for adjustment in this state to any person purporting to be or acting as an insurance adjuster unless such person is currently licensed as such as required in this article.

Miss. Code Ann. § 83-17-413 Qualifications for license

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(a) The commissioner shall license as an insurance adjuster only an individual who has otherwise complied with this article and who has furnished evidence satisfactory to the commissioner that:(a) He is at least eighteen (18) years of age;(b) He is a bona fide resident of this st…

Miss. Code Ann. § 83-17-415 Continuing education requirement; certification of programs

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The commissioner shall adopt a procedure for certifying continuing education programs. Each individual seeking renewal of an adjuster license, which has been in effect for a term of eighteen (18) months or less shall satisfactorily complete twelve (12) hours of study in approved …

Miss. Code Ann. § 83-17-417 Examination requirement; exceptions; subject matter; manual

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(1) Each applicant for a license as an adjuster, before the issuance of such license, shall personally take and pass, to the satisfaction of the commissioner, an examination as a test of his qualifications and competency; but the requirement of an examination shall not apply to a…

Miss. Code Ann. § 83-17-419 License period; renewal

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(1) The privilege license of an individual to act as an adjuster shall continue from the date of issuance for original licenses or from the expiration date for existing licenses until the last day of the month of the licensee’s birthday in the second year following issuance or re…