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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. § 83-31-161 Amending articles of association
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(1) A domestic mutual insurance holding company may amend its articles of association by vote of a majority of those members present or represented by proxy at a lawful meeting of its members if the notice given members included due notice of the proposal to amend. (2) Upon adopt…
Miss. Code Ann. § 83-31-163 Bylaws
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(1) The initial board of directors of a mutual insurance holding company shall adopt bylaws. (2) The bylaws shall provide:(a) That each member is entitled to one (1) vote upon each matter coming to a vote at meetings of members or to more votes in accordance with a reasonable cla…
Miss. Code Ann. § 83-31-165 Directors
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(1) The affairs of every mutual insurance holding company shall be managed by not less than five (5) directors. (2) Directors shall be elected by the members of the mutual insurance holding company at the annual meeting of members. Directors may be elected for terms of not more t…
Miss. Code Ann. § 83-31-167 Dissolution, liquidation, commissioner jurisdiction and investments
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(1) A mutual insurance holding company and, if applicable, an intermediate holding company shall not be dissolved or liquidated without the approval of the commissioner. (2) The commissioner shall retain jurisdiction over a mutual insurance holding company incorporated in this st…

Showing 901–950 of 1,359

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Miss. Code Ann. § 83-31-169 Membership requirements

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(1) Membership in a mutual insurance holding company shall be determined in accordance with the mutual insurance holding company’s articles of association and bylaws and, subject to such exceptions as are set forth in the articles of association or bylaws, shall be based upon eac…

Miss. Code Ann. § 83-31-17 Principal office

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Any mutual life insurance company may acquire, own, or maintain a principal office, by and with the written consent of the insurance commissioner, in any state in which said company is admitted to do business, and may provide that the meetings of its board of directors or governi…

Miss. Code Ann. § 83-31-171 Voluntary dissolution

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(1) Upon any voluntary dissolution of a domestic mutual insurance holding company, its assets remaining after discharge of its indebtedness, if any, and expenses of administration shall be distributed to existing persons who were its members at any time within the three-year peri…

Miss. Code Ann. § 83-31-173 Provisions applicable to mutual insurance holding companies; exemptions from certain provisions

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Each mutual insurance holding company shall be subject to the applicable laws and rules of this state relating to insurance holding company systems. A mutual insurance holding company shall not be subject to provisions of Title 83 of the Mississippi Code or rules adopted thereund…

Miss. Code Ann. § 83-31-175 Actions challenging validity

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An action challenging the validity of or arising out of acts taken or proposed to be taken regarding a plan of reorganization under Section 83-31-47 or 83-31-101 through 83-31-181 must begin in the Chancery Court of the First Judicial District of Hinds County, Mississippi, not la…

Miss. Code Ann. § 83-31-177 Mutual insurance holding company conversion to stock holding company

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A mutual insurance holding company may become a stock holding company under such plan and procedure as may be approved by the commissioner and as provided in Section 83-31-101 et seq.

Miss. Code Ann. § 83-31-179 Fees, costs and expenses

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(1) A director, officer, agent or employee of the mutual insurance company may not receive a fee, commission or other consideration other than that person’s usual salary or compensation for aiding, promoting or assisting in a plan of reorganization under Sections 83-31-47 or 83-3…

Miss. Code Ann. § 83-31-181 Rules and regulations

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The commissioner may adopt rules and regulations implementing the provisions of Sections 83-31-101 through 83-31-179, including, but not limited to, the regulation of the solvency of mutual insurance holding companies and intermediate holding companies.

Miss. Code Ann. § 83-31-19 Certain companies not affected

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The provisions of this chapter shall not apply to foreign mutual reserve insurance companies doing business in this state upon the legal reserve plan.

Miss. Code Ann. § 83-31-21 License

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No such company shall issue policies or transact any business of insurance unless it shall hold a license from the commissioner authorizing the transaction of such business. Such license shall not be issued until and unless the company shall have in paid-up or contributed surplus…

Miss. Code Ann. § 83-31-23 Corporations and associations may hold policies

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Any public or private corporation, board, or association in this state or elsewhere may make application, enter into agreements for, and hold policies in any such mutual insurance company. Any officer, stockholder, trustee, or legal representative of any such corporation, board, …

Miss. Code Ann. § 83-31-25 Voting of members

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Every member of the company shall be entitled to one vote, or to a number of votes based upon the insurance in force, the number of policies held, or the amount of premiums paid, as may be provided in the bylaws.

Miss. Code Ann. § 83-31-27 Premiums

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The maximum premium payable by any member shall be expressed in the policy or in the application for the insurance. Such maximum premium may be a cash premium and an additional contingent premium not less than the cash premium, or may be solely a cash premium. No policy shall be …

Miss. Code Ann. § 83-31-29 Investment of assets

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No such company shall invest any of its assets except in accordance with the laws of this state relating to the investment of the assets of domestic stock companies transacting the same kind of insurance.

Miss. Code Ann. § 83-31-3 Articles of association

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(a) Any persons proposing to form any such company shall subscribe and acknowledge articles of association specifying:(a) The name, the purpose for which formed, and the location of its principal or home office;(b) The names and addresses of those composing the board of directors…

Miss. Code Ann. § 83-31-31 Reserves and unearned premiums

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Such company shall maintain unearned premium and other reserves separately for each kind of insurance, upon the same basis as that required of domestic stock insurance companies transacting the same kind of insurance; provided, that any reserve for losses or claims based upon the…

Miss. Code Ann. § 83-31-33 Deficiency in assets

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Such company not possessed of assets at least equal to the unearned premium reserve and other liabilities shall make an assessment upon its members liable to assessment to provide for such deficiency, such assessment to be against each such member in proportion to such liability …

Miss. Code Ann. § 83-31-35 Money advanced by officers or members

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Any director, officer, or member of any such company, or any other person, may advance to such company any sum or sums of money necessary for the purpose of its business or to enable it to comply with any of the requirements of the law. Such moneys and such interest thereon as ma…

Miss. Code Ann. § 83-31-37 Delivery of policies through licensed agents

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Such mutual company shall comply with the provisions of any law applicable to any stock insurance companies effecting the same kind of insurance requiring that policies be countersigned and delivered through a licensed agent. This requirement shall not apply to any policy of such…

Miss. Code Ann. § 83-31-39 Admission of foreign mutual companies

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(a) Any mutual insurance company organized outside of this state and authorized to transact the business of insurance on the mutual plan in any state, district, or territory, except foreign mutual life insurance companies doing business upon the legal reserve plan, shall be admit…

Miss. Code Ann. § 83-31-41 Annual reports

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Every such mutual insurance company shall make its annual report in such form and submit to such examinations as may be required by the commissioner of insurance. As far as practicable, such examinations of foreign mutual insurance companies shall be made in co-operation with the…

Miss. Code Ann. § 83-31-43 Applicability of other laws

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(1) Except as expressly exempted by this chapter, all mutual companies organized or admitted to do business in this state shall be subject to any and all other laws of this state governing insurance companies. (2) All laws enacted whereby the Commissioner of Insurance of the Stat…

Miss. Code Ann. § 83-31-45 Taxation of premium receipts

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(1) The taxable premium or premium receipts of any mutual insurance company organized or admitted in this state under this chapter for the purpose of taxation under any law of this state shall be the gross premiums received for direct insurance upon property or risks in this stat…

Miss. Code Ann. § 83-31-47 Merger with foreign mutual insurance company

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(1) A domestic mutual insurance company may effect a merger with one or more domestic mutual insurance companies, or with one or more foreign mutual insurance companies, if such merger is authorized by the laws of the state under which each such foreign company is organized. (2) …

Miss. Code Ann. § 83-31-5 Name must contain the word “mutual.”

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No name shall be adopted by such company which does not contain the word “mutual,” or which is so similar to any name already in use by any such existing corporation, company, or association, organized or doing business in the United States, as to be confusing or misleading.

Miss. Code Ann. § 83-31-7 Commissioner of Insurance to approve articles

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Such articles of association shall be submitted to the commissioner of insurance, herein designated “commissioner,” and if prepared in accordance with this chapter, he shall approve and file the same in his office.

Miss. Code Ann. § 83-31-9 Corporate powers

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The company shall have legal existence from the approval and filing of such articles in the office of the commissioner. The board of directors named in such articles may thereupon adopt bylaws and proceed to transact the business of such company, provided that no insurance shall …

Miss. Code Ann. § 83-33-1 Regulation of exchange

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Individuals, partnerships, corporations, limited liability companies, public hospitals, including community hospitals, and all other types of entities authorized to exist under the laws of this state, designated as subscribers, may exchange reciprocal or inter insurance contracts…

Miss. Code Ann. § 83-33-11 Assets maintained

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(1) There shall be maintained at all times assets in cash or securities authorized by the laws of this state for the investment of funds of insurance companies doing the same kind of business, an amount equal to one hundred percent (100%) of the unearned premiums or deposits coll…

Miss. Code Ann. § 83-33-13 Financial reports

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Such reciprocal shall, within the time limited for filing the annual report by insurance companies transacting the same kind of business, make a report to the Commissioner of Insurance for each calendar year showing the financial condition of affairs at the office where such cont…

Miss. Code Ann. § 83-33-15 Penalty

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Any attorney who shall exchange any contracts of insurance of the kind and character specified in this chapter or any attorney or representative of such attorney who shall solicit or negotiate any application for same without the attorney first complying with the foregoing provis…

Miss. Code Ann. § 83-33-17 Certificate of authority

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Upon compliance with the foregoing requirements and the payment of the fees and taxes provided in this chapter, the Commissioner of Insurance shall issue a certificate of authority to the reciprocal. The Commissioner of Insurance may revoke or suspend any certificate of authority…

Miss. Code Ann. § 83-33-19 Taxation of premium receipts

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Such reciprocal shall upon the issuance of the certificate of authority herein provided pay to the state the sum of Two Hundred Dollars ($200.00), as provided in Section 27-15-83, and with the filing of the annual report herein provided shall pay an annual tax upon the gross prem…

Miss. Code Ann. § 83-33-21 Subscriber’s agreement and power of attorney

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(1) Every subscriber of a domestic reciprocal may execute a subscriber’s agreement and power of attorney setting forth the rights, privileges and obligations of the subscriber as an underwriter and as a policyholder, and the powers and duties of the attorney and reciprocal. (2) I…

Miss. Code Ann. § 83-33-23 Board of directors to control and manage reciprocal

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The board of directors for the reciprocal shall have and exercise the ultimate power over the control and management of the affairs of the reciprocal, subject to the subscriber’s agreement. The board of directors shall be selected under rules adopted by the subscribers. The board…

Miss. Code Ann. § 83-33-25 Return of savings or credits accruing to subscribers

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A reciprocal may return to its subscribers any savings or credits accruing to their accounts.

Miss. Code Ann. § 83-33-27 Certificate to issue nonassessable policies of insurance

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(1) A domestic reciprocal insurer may apply for a certificate to issue nonassessable policies of insurance. A nonassessable policy is a policy in which a subscriber may not be assessed pursuant to Sections 83-33-29 and 83-33-31. If a domestic reciprocal insurer has a surplus of a…

Miss. Code Ann. § 83-33-29 Issuing nonassessable policies without obtaining certificate of nonassessability prohibited; contingent assessment liability

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(1) Any domestic reciprocal insurer that has not been issued a certificate allowing it to issue nonassessable policies as provided in Section 83-33-27 shall issue assessable policies. An assessable policy is a policy in which the insurer charges an initial premium but may later c…

Miss. Code Ann. § 83-33-3 Execution of contracts

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Such contracts may be executed by an attorney, agent, or other representative, herein designated attorney, duly authorized and acting for said subscribers, and such attorney may be a corporation or limited liability company. The office or offices of such attorney may be maintaine…

Miss. Code Ann. § 83-33-31 Computation and timing of assessments levied against subscribers

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(1) Assessments may be levied against the subscribers of a domestic assessable reciprocal in accordance with Section 83-33-29. (2) Any assessment levied against the subscribers of a domestic assessable reciprocal shall treat all subscribers equally in that each subscriber’s asses…

Miss. Code Ann. § 83-33-33 Liability of subscribers for reciprocal’s debts or obligations

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No subscriber of a reciprocal shall be personally liable for the payment of the reciprocal’s debts or obligations. Any judgment obtained against a reciprocal shall be binding and enforceable only upon and against the reciprocal and shall not be binding or enforceable upon or agai…

Miss. Code Ann. § 83-33-35 Applicability of licensing requirements and regulations to employees and agents of reciprocal and its attorney

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The provisions of this code regarding the appointment, licensing, qualification and regulation of insurance agents, brokers and solicitors, do not apply to the reciprocal or its attorney, nor to the salaried representatives of such reciprocal or attorney who receive no commission…

Miss. Code Ann. § 83-33-37 Two or more reciprocals authorized to combine assets and liabilities into one reciprocal

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Two (2) or more reciprocals may combine their assets and liabilities into one (1) reciprocal, subject to the approval of the Commissioner of Insurance.

Miss. Code Ann. § 83-33-5 Declaration under oath

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(a) Such subscribers so contracting among themselves shall, through their attorney, file with the Commissioner of Insurance a declaration verified by the oath of such attorney or, where such attorney is a corporation, by the oath of the proper officer thereof, setting forth:(a) T…

Miss. Code Ann. § 83-33-7 Commissioner as agent for service of process; reciprocal may sue or be sued in its own name; prohibition against suing subscribers

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Any reciprocal doing business in this state may sue or be sued in its name as set forth in its certificate of authority or license. Concurrently with the filing of the declaration provided by the terms of Section 83-33-5, the attorney shall file with the Commissioner of Insurance…

Miss. Code Ann. § 83-33-9 Maximum risk

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There shall be filed with the insurance commissioner by such attorney, whenever the insurance commissioner shall so require, a statement under the oath of such attorney showing in the case of fire insurance the maximum amount of indemnity upon a single risk; and no subscriber sha…