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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

1,359 sections·Filtered byTitle 83✕

Miss. Code Ann. § 83-6-19 Failure to file registration statement or amendment as violation
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The failure to file a registration statement or any amendment thereto required by Sections 83-6-3 through 83-6-19 within the time specified for such filing is a violation of Sections 83-6-3 through 83-6-19.
Miss. Code Ann. § 83-6-2 Subsidiaries which may be organized or acquired; permissible investments
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(1) Any domestic insurer, either by itself or in cooperation with one or more persons, may organize or acquire one or more subsidiaries engaged in the following kinds of business:(a) Any kind of insurance business authorized by the jurisdiction in which it is incorporated;(b) Act…
Miss. Code Ann. § 83-6-21 Standards for transactions within holding company system; notice to commissioner of certain intended transactions; action by commissioner against violators; stock company permits; dividends and other distributions; supervision, seizure, conservatorship or receivership proceedings
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(1) Transactions within a holding company system to which an insurer subject to registration is a party shall be subject to the following standards:(a) The terms shall be fair and reasonable;(b) Agreements for cost-sharing services and management shall include such provisions as …
Miss. Code Ann. § 83-6-22 Acquisitions involving insurers not otherwise covered

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(1) Definitions. The following definitions shall apply for the purposes of this section only:(a) “Acquisition” means any agreement, arrangement or activity the consummation of which results in a person acquiring directly or indirectly the control of another person, and includes, …

Miss. Code Ann. § 83-6-23 Factors to be considered in determining reasonableness of insurer’s surplus

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(a) For purposes of this chapter, in determining whether an insurer’s surplus as regards policyholders is reasonable in relation to the insurer’s outstanding liabilities and adequate to its financial needs, the following factors, among others, are to be considered:(a) The size of…

Miss. Code Ann. § 83-6-24 Filing of statement by person making offer, request, etc.; contents of statement; approval by commissioner; exceptions; violations of section; jurisdiction of courts

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(1) (a) No person other than the issuer shall make a tender offer for or a request or invitation for tenders of, or enter into any agreement to exchange securities, or seek to acquire, or acquire, in the open market or otherwise, any voting security of a domestic insurer if, afte…

Miss. Code Ann. § 83-6-25 Restriction on payment of extraordinary dividends or making extraordinary distributions; notice to commissioner

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(1) No domestic insurer shall pay any extraordinary dividend or make any other extraordinary distributions to its shareholders without first making a written request and receiving written approval for such payment from the commissioner or unless, within the forty-five (45) days a…

Miss. Code Ann. § 83-6-26 Management of domestic insurers subject to registration

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(1) Notwithstanding the control of a domestic insurer by any person, the officers and directors of the insurer shall not thereby be relieved of any obligation or liability to which they would otherwise be subject by law, and the insurer shall be managed so as to assure its separa…

Miss. Code Ann. § 83-6-27 Financial examination of registered insurer or affiliate

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(1) Power of commissioner. Subject to the limitation contained in this section and in addition to the powers which the commissioner has under Sections 83-5-201 through 83-5-217 relating to the examination of insurers, the commissioner shall have the power to examine any insurer r…

Miss. Code Ann. § 83-6-29 Confidential treatment of information, materials or documents obtained or disclosed during certain examinations

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(1) Documents, materials or other information in the possession or control of the Department of Insurance that are obtained by or disclosed to the commissioner or any other person during an examination or investigation made pursuant to Section 83-6-27 and all information reported…

Miss. Code Ann. § 83-6-3 Insurers required to register; time for registration; data may be required of other insurers

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Every insurer which is authorized to do business in this state and which is a member of an insurance holding company system, except a foreign insurer subject to disclosure requirements and standards adopted by statute or regulation in the jurisdiction of its domicile which are su…

Miss. Code Ann. § 83-6-31 Rules, regulations and orders

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The commissioner may, upon notice and opportunity for all interested persons to be heard, promulgate and publish rules, regulations and orders which are necessary to the accomplishment of the provisions of this chapter.

Miss. Code Ann. § 83-6-33 Enjoinder of violations; enjoinder of voting of certain securities at shareholder’s meeting; sequester of certain voting securities

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(1) Whenever it appears to the commissioner that any insurer or any director, officer, employee or agent thereof has committed or is about to commit a violation of this chapter or of any rule, regulation or order issued by the commissioner hereunder, the commissioner may apply to…

Miss. Code Ann. § 83-6-35 Willful violations; criminal proceedings; punishment

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Whenever it appears to the commissioner that any insurer or any director, officer, employee or agent thereof has committed a willful violation of this chapter, the commissioner may cause criminal proceedings to be instituted in the court having criminal jurisdiction for the count…

Miss. Code Ann. § 83-6-37 When commissioner may take possession and conduct business of domestic insurer

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Whenever it appears to the commissioner that any person has committed a violation of this chapter which so impairs the financial condition of a domestic insurer as to threaten insolvency or make the further transaction of business by it hazardous to its policyholders, creditors, …

Miss. Code Ann. § 83-6-38 Amounts recoverable by receiver upon liquidation or rehabilitation of insurer; limitations; deficiencies due to insolvent debtors

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(1) If an order for liquidation or rehabilitation of a domestic insurer has been entered, the receiver appointed under such order shall have a right to recover on behalf of the insurer, (i) from any parent corporation or holding company or person or affiliate of the insurer, the …

Miss. Code Ann. § 83-6-39 Suspension, revocation or refusal to renew license or certificate of authority

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Whenever it appears to the commissioner that any person has committed a violation of this chapter which makes the continued operation of an insurer contrary to the interests of policyholders or the public, the commissioner may, after giving notice and an opportunity to be heard, …

Miss. Code Ann. § 83-6-41 Appeals to chancery court; petition for writ in nature of mandamus or peremptory mandamus

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(1) Any person aggrieved by any act, determination, rule, regulation or order or any other action of the commissioner pursuant to this chapter may appeal to the Chancery Court of the First Judicial District of Hinds County. (2) The filing of an appeal pursuant to this section sha…

Miss. Code Ann. § 83-6-43 Certain laws superseded; remedies to be construed as supplemental

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All laws and parts of laws of this state inconsistent with this chapter are hereby superseded with respect to matter covered by this chapter, but all remedies provided herein for protection of policyholders and the public shall be construed as cumulative and supplemental to any r…

Miss. Code Ann. § 83-6-45 Supervisory colleges

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(1) Power of commissioner. With respect to any insurer registered under Section 83-6-3, and in accordance with subsection (3) of this section, the commissioner shall also have the power to participate in a supervisory college for any domestic insurer that is part of an insurance …

Miss. Code Ann. § 83-6-47 Group-wide supervision of internationally active insurance groups

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(1) The commissioner is authorized to act as the group-wide supervisor for any internationally active insurance group in accordance with the provisions of this section. However, the commissioner may otherwise acknowledge another regulatory official as the group-wide supervisor wh…

Miss. Code Ann. § 83-6-5 Registration statement; filing, form and contents; annual reports and filings; violations

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(1) Every insurer subject to registration is required to file a registration statement on a form provided by the commissioner which shall contain current information setting forth:(a) The capital structure, general financial condition, ownership and management of the insurer and …

Miss. Code Ann. § 83-6-7 Registration statement; immaterial information need not be disclosed; items deemed to be immaterial

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No information need be disclosed on the registration statement filed pursuant to Section 83-6-5 if such information is not material for the purposes of Sections 83-6-3 through 83-6-19. Unless the commissioner by rule, regulation or order provides otherwise, sales, purchases, exch…

Miss. Code Ann. § 83-6-9 Registration statement; report of material changes or additions on amendment forms

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Each registered insurer is required to keep current the information required to be disclosed in its registration statement by reporting all material changes or additions on amendment forms provided by the commissioner within fifteen (15) days after the end of the month in which i…

Miss. Code Ann. § 83-7-1 Life insurance companies defined

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All corporations, associations, partnerships, or individuals doing business in this state under any charter, contract, agreement, or statute of this or any other state involving the payment of money or other things of value to families or representatives of policy and certificate…

Miss. Code Ann. § 83-7-101 Definitions

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(a) “Accelerated benefits” are benefits payable under a life insurance contract:(i) To a policy owner, during the lifetime of the insured, in anticipation of death or upon the occurrence of specified life-threatening or catastrophic conditions as defined by the policy or rider;(i…

Miss. Code Ann. § 83-7-103 Accelerated benefit provisions as not representing morbidity risks

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Accelerated benefit riders and life insurance policies with accelerated benefit provisions do not represent morbidity risks.

Miss. Code Ann. § 83-7-105 Acknowledgement of concurrence for payout prior to payment

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Prior to the payment of the accelerated benefit, the insurer shall receive from any assignee or irrevocable beneficiary a signed acknowledgement of concurrence for payout.

Miss. Code Ann. § 83-7-107 Options for payment; minimum amounts

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The benefit shall be paid in a lump sum, or in periodic payments for a fixed period of time, or in a fixed amount for an indefinite period of time, at the option of the insured. Companies may set minimums on the face amount of contracts for which the benefit shall be offered.

Miss. Code Ann. § 83-7-109 Requirement that name given coverage be descriptive of coverage provided; disclosure of information; signatures

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(1) The name given the coverage must be descriptive of the coverage provided, and the terminology “accelerated benefit” shall be included in the description. (2) Clear disclosure is required at the time of application for the policy and at the time the accelerated benefit payment…

Miss. Code Ann. § 83-7-11 Penalty for false statement as to publication

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Any solicitor, agent, examining physician, or other person who shall knowingly or wilfully make any false or fraudulent statement or representation in or with reference to any publication for insurance, or who shall make any such statement for the purpose of obtaining fee, commis…

Miss. Code Ann. § 83-7-111 Effective date of accelerated benefit

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The accelerated benefit shall be effective on the effective date of the policy or rider.

Miss. Code Ann. § 83-7-113 Waiver of premium

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The accelerated benefit provision may or may not provide for the waiver of premium in the absence of a regular waiver of premium provision being in effect. At the time the benefit is claimed, the company shall explain any continuing premium requirement to keep the policy in force…

Miss. Code Ann. § 83-7-115 Discrimination amongst insureds prohibited

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Insurers shall not unfairly discriminate among insureds with differing qualifying events or among insureds with similar qualifying events. Insurers shall not apply further conditions on the payment of the accelerated benefits other than those conditions specified in the policy or…

Miss. Code Ann. § 83-7-117 Disclosure to consumer of any separate identifiable premium for accelerated benefit; options; examples; pro rata reduction in cash value; non-interest bearing lien against death benefit of policy; accidental death benefit not affected by accelerated benefit

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(1) The company shall disclose to the consumer any separate identifiable premium for the accelerated benefit. Those companies indicating that this accelerated benefit is offered without additional premium shall furnish a written explanation to the State Insurance Department when …

Miss. Code Ann. § 83-7-119 Filing valuation method and assumptions with Department of Insurance; content

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At the time of filing of the policy form, the valuation method and assumptions need to be filed with the Department of Insurance. The assumptions should reflect the statutory mortality and interest rate assumptions for life insurance policies and appropriate assumptions for the o…

Miss. Code Ann. § 83-7-13 Application of insured to be filed with policy of insurance

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All life insurance companies doing business in the State of Mississippi shall deliver to the insured with the policy, certificate, or contract of insurance in any form a copy of the insured’s application; and in default thereof, said life insurance company shall not be permitted …

Miss. Code Ann. § 83-7-15 Misstatement of age not to invalidate policy

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Any misstatement of age in any policy, certificate, or contract of life insurance in any form shall not invalidate said policy, certificate, or contract of life insurance; but in such a case when a loss occurs, the beneficiaries shall recover on said policy, certificate, or contr…

Miss. Code Ann. § 83-7-17 Policies to show plainly on face kind and character; fees for commissioner’s approval; expedited form and rate review procedure

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(1) All life insurance companies other than fraternal beneficiary associations, authorized to do the business of life insurance in this state, are hereby required to print or stamp in conspicuous type on the face or first page of each and every policy sold to citizens of this sta…

Miss. Code Ann. § 83-7-19 Minors may make insurance contract

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Any minor of the age of fifteen (15) years nearest birthday or more may, notwithstanding such minority, contract for life, health, and accident insurance on his own life for the benefit of his father, mother, husband, wife, child, brother, sister, or any person having an insurabl…

Miss. Code Ann. § 83-7-201 Short title

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Sections 83-7-201 through 83-7-223 shall be known and may be cited as the “Viatical Settlements Act.”

Miss. Code Ann. § 83-7-203 Definitions

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(a) The following words and phrases shall have the meanings ascribed herein unless the context clearly requires otherwise:(a) “Person” means a legal entity including, but not limited to, an individual, partnership, limited liability company, association, trust, corporation or oth…

Miss. Code Ann. § 83-7-205 Viatical settlement providers, representatives and brokers to be licensed by Commissioner of Insurance; licensing requirements

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(1) A person shall not operate as a viatical settlement provider, viatical settlement representative or viatical settlement broker without first having obtained a license from the commissioner. (2) Application for a viatical settlement representative or viatical settlement broker…

Miss. Code Ann. § 83-7-207 Suspension, revocation, and refusal to renew license; hearing

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(1) The commissioner may suspend, revoke or refuse to renew the license of a viatical settlement provider, viatical settlement representative or viatical settlement broker if the commissioner finds that:(a) There was any material misrepresentation in the application for the licen…

Miss. Code Ann. § 83-7-209 Settlement application, contract and disclosure statement forms to be filed with and approved by Commissioner of Insurance

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A person shall not provide a viator a viatical settlement application, contract or disclosure statement form in this state unless it has been filed with and approved by the commissioner. The commissioner shall disapprove a viatical settlement application, contract or disclosure s…

Miss. Code Ann. § 83-7-21 Reserve liabilities

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The reserve liabilities for all policies in force in any domestic company being ascertained in the manner provided in Section 83-7-23, the Insurance Commissioner shall notify it of the amount. The officers of such company shall deposit with the State Treasurer for the security an…

Miss. Code Ann. § 83-7-211 Annual statement to be filed with Commissioner; identity of viator not to be disclosed except under certain conditions

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(1) Each viatical settlement provider issued a license under Sections 83-7-201 through 83-7-223 shall file with the commissioner on or before March 1 of each year an annual statement containing such information as the commissioner by rule may prescribe. (2) Except as otherwise al…

Miss. Code Ann. § 83-7-213 Examination of records, books, files and other information; provider to maintain records of each settlement until 5 years after death of insured

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(1) The commissioner, when the commissioner deems it reasonably necessary to protect the interests of the public, may examine the business and affairs of any licensee or applicant for a license. The commissioner may order any licensee or applicant to produce any records, books, f…

Miss. Code Ann. § 83-7-215 Disclosure requirements

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(1) A viatical settlement provider, viatical settlement representative or viatical settlement broker shall disclose the following information to the viator no later than the time of application:(a) That possible alternatives exist to viatical settlement contracts for individuals …

Miss. Code Ann. § 83-7-217 Informed consent; confidentiality of medical information; 15-day right to rescind; death of insured within 15-day period deemed rescission; transfer of proceeds of viatical settlement; post-settlement contacts with insured for purpose of determining health status

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(1) Before the viatical settlement provider enters into a viatical settlement contract, the provider shall obtain:(a) If the viator is the insured, a written statement from a licensed attending physician that the viator is of sound mind;(b) A witnessed document in which the viato…