Mississippi Code, Volume 19A

2011·40.3 MB·English

by  State of Mississippi

w
Xr ^^^Sz
f*>1U> _-_:—V,1.
^W
*tU^<'
eoniliM^
Mississippi:
Annotated -
'J'iiU: ti:j
TABLE OF CONTENTS
Volume 19A
TITLE 83
INSURANCE
BEGINNING
CHAP. SECTION
21. Foreign Companies 83-21-1
23. Insolvent Insurance Companies; Insurance Guar-
antyAssociation 83-23-1
24. Insurers Rehabilitation and LiquidationAct 83-24-1
25. Co-operative Insurance 83-25-1
27. Surety Companies 83-27-1
29. Fraternal societies 83-29-1
30. Larger Fraternal Benefit Societies 83-30-1
31. Mutual Companies 83-31-1
33. Reciprocal Insurance 83-33-1
34. Windstorm UnderwritingAssociation 83-34-1
35. UnderwritingAssociation [Repealed] 83-35-1
36. JointUnderwritingAssociation for Medical Mal-
practice Insurance 83-36-1
37. BurialAssociations 83-37-1
38. Mississippi Rural RiskUnderwritingAssociation
Law 83-38-1
39. Bail Bonds and Bondsmen 83-39-1
41. Hospital and Medical ServiceAssociations and
Contracts 83-41-1
43. Nonprofit Dental Service Corporations 83-43-1
45. Nonprofit, Community Service Blood Supply
Plans 83-45-1
47. Nonprofit Medical Liability Insurance Corpora-
tions 83-47-1
48. Medical Malpractice InsuranceAvailability [Repealed]. 83-48-1
. .
49. Legal Expense Insurance 83-49-1
51. Dental Care Benefits 83-51-1
53. Credit Life and Credit Disability Insurance 83-53-1
54. Mississippi Creditor-Placed InsuranceAct 83-54-1
55. Risk RetentionAct 83-55-1
57. Home Warranties 83-57-1
58. New Home WarrantyAct 83-58-1
59. Business TransactedWith Producer Controlled
InsurerAct 83-59-1
61. Voluntary Basic Health Insurance Coverage Law 83-61-1
62. Health SavingsAccounts 83-62-1
63. Small Employer Health Benefit Plans 83-63-1
64. Health Discount Plans 83-64-1
65. Regulation ofVehicle Service Contacts 83-65-101
67. Utilization ofModern Systems for Holding and
Transferring Securities Without Physical Delivery .... 83-67-1
69. Interstate Insurance Product Regulation Compact 83-69-1
71. Unfair DiscriminationAgainst Subjects ofAbuse in Health,
Life and Disability Income Insurance 83-71-1
Digitized by the Internet Archive
2013
in
http://archive.org/details/govlawmscode197219a
CODE
MISSISSIPPI
1972
ANNOTATED
ADOPTEDAS THE OFFICIALCODE OFTHE
STATE OFMISSISSIPPI
BYTHE
1972 SESSION OFTHE LEGISLATURE
VOLUME NINETEEN A
INSURANCE
§§ 83-21-1 to 83-71-115
CONTAININGPERMANENT PUBLIC STATUTES OF MISSISSIPPI
TO THE END OF THE 2011 REGULARLEGISLATIVE SESSION
LexisNexis
QUESTIONSABOUT THIS PUBLICATION?
ForEDITORIALQUESTIONSconcerningthispublication, orREPRINTPERMISSION,pleasecall:
800-833-9844
ForCUSTOMERSERVICEASSISTANCEconcerningreplacementpages, shipments,billingorother
matters,pleasecall:
CustomerServiceDepartmentat 800-833-9844
OutsidetheUnitedStatesandCanada 518-487-3000
FAX [phone]
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.
4456611
ISBN 978-1-4224-9457-8 (Volume 19A)
ISBN 978-0-327-09628-3 (Code set)
LexisNexis
Matthew Bender & Company, Inc.
701 E. WaterStreet, Charlottesville, VA22902-5389
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, whichwillbe 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 ofSenate 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 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 consider-
ation 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 newly compiled 2011 Replacement Volume 19A 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
Volumes 19 and 19A, as well as reflectingamendments, repeals, and new Code
provisions enacted by the Mississippi Legislature through the 2011 Regular
Session.
This volume contains the text ofTitle 83, Chapters 21 through 71, 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,
LexisNexishaschangedthesourcesthatarereadtocreate 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 ofthe Attorney General and opinions of the
Ethics Commission have been examined for annotations.
Publisher's Foreword
Acomprehensive 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 informa-
tion.
For further information or assistance, please call us toll-free at (800)
833-9844, fax us toll-free at [phone], e-mail us at
[email protected], or write to: Mississippi Code Editor,
LexisNexis, 701 E. Water Street, Charlottesville, VA 22902-5389.
August 2011 LexisNexis
VI