Table Of Content

»». /v< :^>*Tv^ iUfc* Insurance 'jii:- a:-: TABLE OF CONTENTS Volume 19 TITLE 83 INSURANCE BEGINNING CHAP. SECTION 1. Department ofInsurance 83-1-1 2. Competitive Ratingfor Property and Casualty Insurance 83-2-1 3. Commissioner ofInsurance, Rating Bureau and Rates 83-3-1 5. General Provisions Relative to Insurance and In- surance Companies 83-5-1 6. Registration and Examination ofInsurers 83-6-1 7. Life Insurance 83-7-1 9. Accident, Health and Medicare Supplement In- surance 83-9-1 11. Automobile Insurance 83-11-1 13. Fire Insurance 83-13-1 14. Homeowners'and Farmowners'Insurance [Re- pealed] 83-14-1 15. Title Insurance 83-15-1 17. InsuranceAgents, Solicitors, orAdjusters 83-17-1 18. InsuranceAdministrators and Managing General Agents 83-18-1 19. Domestic Companies 83-19-1 20. Domicile Change for Domestic and Foreign In- surers 83-20-1 TITLE 83—Continued in Volume 19A Digitized by the Internet Archive 2013 in http://archive.org/details/govlawmscode197219 CODE MISSISSIPPI 1972 ANNOTATED ADOPTEDASTHE OFFICIALCODE OFTHE STATE OFMISSISSIPPI BYTHE 1972 SESSION OFTHE LEGISLATURE VOLUME NINETEEN INSURANCE §§ 83-1-1 to 83-20-7 CONTAININGPERMANENT PUBLIC STATUTES OF MISSISSIPPI TO THE END OF THE 2011 REGULARLEGISLATIVE SESSION LexisNexis* QUESTIONSABOUT THIS PUBLICATION? ForEDITORIALQUESTIONSconcerningthispublication,orREPRINTPERMISSION,pleasecall: 800-833-9844 ForCUSTOMERSERVICEASSISTANCE concerningreplacementpages, shipments,billingorother matters,pleasecall: CustomerServiceDepartmentat 800-833-9844 OutsidetheUnitedStatesandCanada 518-487-3000 FAX 518-487-3584 ForINFORMATIONONOTHERMATTHEWBENDERPUBLICATIONS,pleasecall: Youraccountmanageror 800-223-1940 OutsidetheUnitedStatesandCanada 518-487-3000 Copyright© 1973—2011 by THE STATE OF MISSISSIPPI All rights reserved. LexisNexis, the knowledge burst logo, and Michie are trademarks ofReed Elsevier Properties Inc. used under license. Matthew Bender is a registered trademark ofMatthew 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, VA22906-5389 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 ofgeneral 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 ofthe code revision will be the state-owned magnetic computer tape containingthe Mississippi Code of1972, whichwill be ofinvaluable assistance to the Legislature and to the state. The enabling act for the code was a recommendation of the Mississippi State Bar, whichresultedinthe consideration andpassage ofSenateBill 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 ofState, Representative Edgar J. Stephens, Jr., Chairman, HouseAppropriations Committee, Senator William G. Burgin, Jr., Chairman, Senate Appropriations Committee, Repre- sentative H. L. Meredith, Jr., Chairman, HouseJudiciary"A"andJudiciaryen banc Committees, Senator E. K. Collins, Chairman, Senate Judiciary "A" and Judiciary en banc Committees, Representative Ney McKinley Gore, Jr., Chairman, HouseJudiciary"B"Committee, andSenatorWilliamE.Alexander, Chairman, Senate Judiciary "B" Committee. In 1972, Representative Marby Robert Penton and SenatorHerman B. Decell, Chairman ofHouse and Senate Judiciary "B" Committees, respectively, became members of the Committee, replacingRepresentative Gore and Senator Collins, SenatorAlexanderhaving been appointed Chairman of Senate Judiciary "A" and Judiciary en banc Committees. The DeputyAttorney General, Delos H. Burks, served the Code Committee as Secretary. SpecialAssistantAttorneyGeneralFredJ. Lotterhos, under the supervision of the Attorney General, was assigned the principal responsibility for the supervision ofthe recodification, including the consideration and treatment ofsome 16,000 sections ofcode 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 onApril 26, 1972. Acopy ofthat 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 ofthe general statutory law ofthe state. A. F. Summer Attorney General in PUBLISHER'S FOREWORD This newlycompiled 2011 ReplacementVolume 19 ofthe Mississippi Code of1972Annotated represents material appearing in the original 1973 Volume 19, the 1991 ReplacementVolume 19 and the 1999 ReplacementVolume 19, as well as reflecting amendments, repeals, and new Code provisions enacted by the Mississippi Legislature through the 2011 Regular Session. ThisvolumecontainsthefulltextofTitle 83, Chapters 1 through20, ofthe Mississippi Code of 1972 Annotated, as amended through the 2011 Regular Legislative Session. Case annotations are included based on decisions ofthe state and federal courts in cases arisingin Mississippi. Many ofthese cases were decided under the former statutes in effect prior to the enactment ofthe Code of1972. 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, LexisNexishaschangedthe sourcesthatarereadtocreate annotationsforthis publication. Rather than waiting for cases to appear in printed reporters, we now read court decisions as they are released by the courts. Aconsequence of this more current reading ofcases, as they are posted online on LexisNexis, is thatthemostrecentcases annotatedmaynotyethaveprintreportercitations. These will be provided, as they become available, through later publications. This publication contains annotations taken from decisions ofthe Missis- sippi Supreme Court and the Court ofAppeals with decision dates through August 17, 2010, and decisions ofthe 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 ofthe Ethics Commission have been examined for annotations. Publisher's Foreword A comprehensive Index appears at the end ofthis 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