Table Of Content

972 MISSISSIPPI notated surane . 4 TABLE OF CONTENTS Volume 19 TITLE 83 INSURANCE BEGINNING CHAP. SECTION Department of Insurance 83-1-1 Competitive Rating for Property and Casualty Insurance 83-2-1 Commissioner of Insurance, Rating Bureau and 83-3-1 General Provisions Relative to Insurance and In- surance Companies 83-5-1 Registration and Examination of Insurers 83-6-1 Life Insurance 83-7-1 Accident, Health and Medicare Supplement In- surance 83-9-1 Automobile Insurance Fire Insurance Homeowners’ and Farmowners’ Insurance [Re- pealed|] Title Insurance Insurance Agents, Solicitors, or Adjusters Insurance Administrators and Managing General Domestic Companies Domicile Change for Domestic and Foreign In- surers TITLE 83—Continued in Volume 19A ae Ma ae nes che ey a i <2) lo 7 tachi ipae yt : : 1 Ais ans a ai .: i an os7 ; oaru a as F { no ony ye i 4 eA i+s ores ae nak He ae en at iaw iea .r ane qi a . a Tay : 7 mi i eeVe.s ‘ >j > -Li 7 AB te as a nt y i” tayS - _ n:S i\a h e oe é : oqa a iAy ie cohs e | i uett y) i 7‘ i MISSISSIPPI CODE 1972 ANNOTATED ADOPTED AS THE OFFICIAL CODE OF THE STATE OF MISSISSIPPI BY THE 1972 SESSION OF THE LEGISLATURE VOLUME NINETEEN INSURANCE §§ 83-1-1 to 83-20-7 CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI TO THE END OF THE 2011 REGULAR LEGISLATIVE SESSION @ LexisNexis® QUESTIONS ABOUT THIS PUBLICATION? For EDITORIAL QUESTIONS concerning this publication, or REPRINT PERMISSION, please call: 800-833-9844 For CUSTOMER SERVICE ASSISTANCE concerning replacement pages, shipments, billing or other matters, please call: Customer Service Department at 800-833-9844 Outside the United States and Canada 518-487-3000 FAX 518-487-3584 For INFORMATION ON OTHER MATTHEW BENDER PUBLICATIONS, please call: Your account manager or 800-223-1940 Outside the United States and Canada 518-487-3000 Copyright © 1973—2011 by THE STATE OF MISSISSIPPI All rights reserved. LexisNexis, the knowledge burst logo, and Michie are trademarks of Reed Elsevier Properties Inc. used under license. Matthew Bender is a registered trademark of Matthew Bender Properties Inc. 4456512 ISBN 978-1-4224-9455-4 (Volume 19) ISBN 978-0-327-09628-3 (Code set) @ LexisNexis: Matthew Bender & Company, Inc. 701 E. Water Street, Charlottesville, VA 22906-5389 www.lexisnexis.com (Pub.44510) PREFACE The Mississippi Code of 1972, which became effective on November 1, 1973, is the culmination of nearly four years of effort on the part of the Legislature, the Attorney General’s office and the publishers, which brings together provisions of general statutory law having a common subject matter into a more orderly and logical framework of code titles and chapters, and employing a modern and effective section numbering system. A major by- product of the code revision will be the state-owned magnetic computer tape containing the Mississippi Code of 1972, which will be of invaluable assistance to the Legislature and to the state. The enabling act for the code was a recommendation of the Mississippi State Bar, which resulted in the consideration and passage of Senate Bill 1964, Chapter 465, Laws of 1970, signed into law by Governor John Bell Williams. The Code Committee provided for in that act was comprised of A. F. Summer, Attorney General, Heber Ladner, Secretary of State, Representative Edgar J. Stephens, Jr., Chairman, House Appropriations Committee, Senator William G. Burgin, Jr., Chairman, Senate Appropriations Committee, Repre- sentative H. L. Meredith, Jr., Chairman, House Judiciary “A” and Judiciary en banc Committees, Senator E. K. Collins, Chairman, Senate Judiciary “A” and Judiciary en banc Committees, Representative Ney McKinley Gore, Jr., Chairman, House Judiciary “B” Committee, and Senator William E. Alexander, Chairman, Senate Judiciary “B” Committee. In 1972, Representative Marby Robert Penton and Senator Herman B. Decell, Chairman of House and Senate Judiciary “B” Committees, respectively, became members of the Committee, replacing Representative Gore and Senator Collins, Senator Alexander having been appointed Chairman of Senate Judiciary “A” and Judiciary en banc Committees. The Deputy Attorney General, Delos H. Burks, served the Code Committee as Secretary. Special Assistant Attorney General Fred J. Lotterhos, under the supervision of the Attorney General, was assigned the principal responsibility for the supervision of the recodification, including the consideration and treatment of some 16,000 sections of code manuscript. Final legislative approval was given to the Mississippi Code of 1972 by passage of Senate Bill 2034, Laws of 1972, which was signed by Governor William L. Waller on April 26, 1972. A copy of that act is set out in Volume 1, following the Publisher’s Foreword. The Code Committee is of the opinion that the recodification has been thoroughly and well accomplished, and will result in a greatly improved repository of the general statutory law of the state. A. F. SUMMER ATTORNEY GENERAL iii Digitized by the Internet Archive in 2021 with funding from Public. Resource.Org https://archive.org/details/mississippicode19stat_0O PUBLISHER’S FOREWORD This newly compiled 2011 Replacement Volume 19 of the Mississippi Code of 1972 Annotated represents material appearing in the original 1973 Volume 19, the 1991 Replacement Volume 19 and the 1999 Replacement Volume 19, as well as reflecting amendments, repeals, and new Code provisions enacted by the Mississippi Legislature through the 2011 Regular Session. This volume contains the full text of Title 83, Chapters 1 through 20, of the Mississippi Code of 1972 Annotated, as amended through the 2011 Regular Legislative Session. Case annotations are included based on decisions of the state and federal courts in cases arising in Mississippi. Many of these cases were decided under the former statutes in effect prior to the enactment of the Code of 1972. These earlier cases have been moved to pertinent sections of the Code where they may be useful in interpreting the current statutes. Annotations to collateral research references are also included. To better serve our customers by making our annotations more current, LexisNexis has changed the sources that are read to create annotations for this publication. Rather than waiting for cases to appear in printed reporters, we now read court decisions as they are released by the courts. A consequence of this more current reading of cases, as they are posted online on LexisNexis, is that the most recent cases annotated may not yet have print reporter citations. These will be provided, as they become available, through later publications. This publication contains annotations taken from decisions of the Missis- sippi Supreme Court and the Court of Appeals with decision dates through August 17, 2010, and decisions of the appropriate federal courts with decision dates through May 27, 2010. These cases will be printed in the following reporters: Southern Reporter, 3rd Series United States Supreme Court Reports Supreme Court Reporter United States Supreme Court Reports, Lawyers’ Edition, 2nd Series Federal Reporter, 3rd Series Federal Supplement, 2nd Series Federal Rules Decisions Bankruptcy Reporter Additionally, annotations have been taken from the following sources: American Law Reports, 6th American Law Reports, Federal Series Mississippi College Law Review Mississippi Law Journal Finally, published Opinions of the Attorney General and opinions of the Ethics Commission have been examined for annotations. PUBLISHER’S FOREWORD A comprehensive Index appears at the end of this volume. Visit the LexisNexis website at http://www.lexisnexis.com for an online bookstore, technical support, customer support, and other company information. For further information or assistance, please call us toll-free at (800) 833-9844, fax us toll-free at (800) 643-1280, e-mail us at [email protected], or write to: Mississippi Code Editor, LexisNexis, 701 E. Water Street, Charlottesville, VA 22906-5389. August 2011 LexisNexis vi