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Mississippi Code, Volume 19A PDF

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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 UnderwritingAssociation [Repealed] 83-35-1 36.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 Medical Malpractice InsuranceAvailability [Repealed]. 83-48-1 .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 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. 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 (800) 643-1280, 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

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