MCA Chapter 17

in effect

Miss. Code Ann. § 83-17-1 Agent defined.

Whenever used in this chapter, the following words shall have the meanings ascribed herein unless the context clearly indicates otherwise: “Agent” means an insurance producer as defined in this section. “Nonactive agent” means an individual who is retired, disabled or has not obtained from the Commissioner of Insurance a current continuous certificate. A nonactive agent shall not solicit new business or service existing businesses, but may receive renewal commissions. “Supervising general agent” refers to and includes any person, partnership, association or corporation having authority to serve as trustees, managers or administrators, except attorneys at law, for such licensed insurance companies or their insureds in the handling of insurance programs underwritten by such licensed insurance companies, or in which they may be participating. “Excess risk” means all or any portion of an insurance risk or contract of annuity for which application is made to an agent and which exceeds the amount of insurance or annuity which will be provided by the insurer for which such agent is licensed. “Rejected risk” means an insurance risk or annuity contract for which application has been made to an agent and which insurance or annuity contract is declined by the insurer for which such agent is licensed. “Insurance producer” means a person required to be licensed under the laws of this state to sell, solicit or negotiate insurance. “Commissioner” means the Commissioner of Insurance of the State of Mississippi. “Controlled business” means policies of insurance to be issued to a producer, agent or to his relatives, business associates, employers or employees, or in which they or either of them have an interest. No license shall be granted or renewed to any agent or producer until the applicant certifies with the Commissioner of Insurance that the applicant shall in good faith engage in the insurance business as agent or producer, and that he is not seeking a license for the purpose of acquiring or saving commissions, premiums or other valuable considerations on “controlled business.” A violation of this paragraph shall be deemed to be probable if the commissioner finds that during any twenty-four-month period aggregate commissions or other compensations accruing in favor of the applicant with respect to his own interests or those of his family, relatives, employers, employees or business associates, as provided herein, have exceeded or will exceed thirty-five percent (35%) of the aggregate amount of commissions accruing to him as agent or his agency during such period of time. Nothing herein contained shall prohibit the licensing under a limited license as to motor vehicle physical damage insurance, any person employed by or associated with a motor vehicle sales agency with respect to insurance on a motor vehicle sold, serviced or financed by it. Whenever employment is terminated of any such person employed by or associated with any such agency, the Commissioner of Insurance shall be notified, and the license shall be cancelled immediately. It is further provided that the provisions of this paragraph likewise shall not apply with respect to sales of insurance by a lender or its affiliate covering the insurable interest of the lender.

Miss. Code Ann. § 83-17-3 Personal liability.

An insurance agent shall be personally liable on all contracts of insurance unlawfully made by or through him, directly or indirectly, for or in behalf of any company not authorized to do business in the state.

Miss. Code Ann. § 83-17-5 Agent certificate; notification of nonrenewal required.

Every agent of any insurance company, fraternal order or association authorized to do business in this state shall be required to obtain from the Commissioner of Insurance a certificate under the seal of his office showing that the company for which he or she is licensed to do business in this state, and that he or she is an agent of said company and duly authorized to do business for it. Such certificate shall remain valid as long as the insurance company, fraternal order or association pays to the commissioner an annual certificate fee to continue the authorization. The insurance company, fraternal order or association must notify the agent within thirty (30) days if the authority is nonrenewed or cancelled.

Miss. Code Ann. § 83-17-7 Commission to unauthorized agent unlawful; employees or authorized agents of limited license rental car company may receive commission under rental car company’s limited license.

It shall be unlawful for any insurance company or any insurance agent to pay, directly or indirectly, any commission, brokerage or other valuable consideration on account of any policy or policies written on risks in this state to any person, agent, firm or corporation not duly licensed as an insurance agent in this state, except that property and other risks of nonresident persons, and of foreign corporations not qualified in this state, may be insured by brokers or other agents duly licensed in other states. It shall be lawful, however, for an insurance company or any insurance agent to pay, directly or indirectly, to the surviving spouse or heirs of a deceased licensed insurance agent in this state any commissions or other valuable consideration to which the deceased agent would be entitled, whether such surviving spouse or heir is or is not a licensed agent. It shall be lawful for an insurance agent, agency or affiliate to pay a referral fee to any unlicensed employee of the agent, agency or affiliate when the employee refers a prospective insured to the licensed agent or agency. The referral fee shall be a one-time nominal fee of a fixed dollar amount for each referral customer. The payment of any referral fee shall not depend on whether the referral results in a sale of any insurance products. Furthermore, the referral fee shall not be based on a percentage of any premiums or commissions collected by the licensed agent. The referral fee shall not be paid, either directly or indirectly, to the prospective insured. Notwithstanding any provision in this section to the contrary, employees and authorized agents of a limited license rental car company: May receive compensation for activities under the rental car company’s limited license that is incidental to their overall compensation, including, but not limited to, commissions, bonuses and other valuable consideration; May offer, sell or solicit, in connection with and incidental to the rental of rental cars, the kinds of insurance specified in Section 83-17-63(1)(h) under the limited license of the rental car company; and Shall not require any additional licensing under this chapter or any other provision of Title 83 relating to paragraph (a) or (b) above. The Commissioner of Insurance may promulgate rules and regulations necessary to carry out the provisions of this section.

Miss. Code Ann. § 83-17-9 , 83-17-11. Repealed.

Repealed by Laws, 2001, ch. 510, § 34, eff from and after January 1, 2002. § 83-17-9 . [Codes, 1942, § 5711; Laws, 1938, ch. 194.] § 83-17-11 . [Codes, 1942, § 5712; Laws, 1938, ch. 194; Laws, 2000, ch. 417, § 1.] Editor’s Notes — Former § 83-17-9 was entitled “Agents of other states.” Former § 83-17-11 was entitled “Penalty for paying unauthorized agent.”

Miss. Code Ann. § 83-17-13 Penalty for signing blank policy.

It shall be unlawful for any agent of a fire insurance company, or of any other insurance company which is required to have its policies signed by a resident agent, to sign any blank policy of insurance. Upon satisfactory proof that any agent has violated the provisions of this section, the commissioner shall revoke such agent’s license for all companies for not less than three (3) nor more than six (6) months for the first offense, and for one (1) year for the second offense.

Miss. Code Ann. § 83-17-15 , 83-17-17. Repealed.

Repealed by Laws, 2001, ch. 510, § 34, eff from and after January 1, 2002. § 83-17-15 . [Codes, 1942, § 5714; Laws, 1938, ch. 194.] § 83-17-17 . [Codes, 1906, § 2657; Hemingway’s 1917, § 5123; Laws, 1930, § 5203; Laws, 1942, § 5717; Laws, 2001, ch. 510, § 34.] Editor’s Notes — Former § 83-17-15 was entitled “Application of statute.” Former § 83-17-17 was entitled “Penalty for acting as adjuster without license.”

Miss. Code Ann. § 83-17-19 Penalty for soliciting without license.

Every person who, either as principal or agent or pretending to be such, shall solicit, examine, or inspect any risk, or shall examine into, adjust, or aid in adjusting any loss, or shall receive, collect, or transmit any premiums of insurance, or shall do any other act in the soliciting, making, or executing of any contract of insurance of any kind otherwise than this chapter permits shall be deemed guilty of a misdemeanor and, on conviction, shall pay a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned not less than one (1) nor more than two (2) years, or both, in the discretion of the court.

Miss. Code Ann. § 83-17-21 Policies to be written through licensed agents.

No fire, fire marine, accident, health, employers’ liability, steam boiler, plate glass, fidelity, surety, burglary, or other insurance company except life insurance companies, not incorporated under the laws of this state authorized to transact business herein shall make, write, place, or cause to be made, written, or placed any policy, duplicate policy, or contract of insurance of any kind or character or any general or floating policy upon persons or property in this state, except after the risk has been approved, in writing, by an agent, regularly commissioned and licensed to transact insurance business herein, who shall countersign all policies or contracts of insurance so issued. The provisions of this section shall not apply to individual firms and corporations indemnifying themselves through reciprocal contracts, and not employing local agents. No provision of this section is intended, or shall be so intended, as to direct insurance covering the rolling stock of railroad corporations, or property in transit while in the possession and custody of railroad corporations or other common carriers. The written approval and countersignature of licensed agents may be in facsimile when used solely in connection with personal accident insurance covering travel, issued through the medium of policy dispensing machines; however, land travel insurance so issued may not be issued for a period longer than seven (7) days from the date of issue. The written approval and countersignature of licensed agents may also be in facsimile when authorization is given by the agent in writing to an insurer for which the agent is certified to do business pursuant to Section 83-17-5. The use of facsimile countersignatures shall not modify any of the other requirements of this section. Any authorization for a facsimile countersignature may be canceled by the agent in writing and is automatically canceled upon the death, termination or nonrenewal of the agent.

Miss. Code Ann. § 83-17-23 Repealed.

Repealed by Laws, 2001, ch. 510, § 34, eff from and after January 1, 2002. [Codes, 1906, § 2653; Hemingway’s 1917, § 5119; Laws, 1930, § 5206; Laws, 1942, § 5720.]

Miss. Code Ann. § 83-17-25 Duration of privilege licenses.

No certificate of authority shall be issued to any agent who has not previously obtained from the commissioner a privilege license to act as an insurance agent; provided that agents or organizers of fraternal orders shall not be required to have such privilege license. The privilege licenses and filing fees required of life insurance companies, health and accident insurance companies, hospital insurance companies and fraternal insurance companies, shall continue for the next ensuing twelve (12) months after January 1 of each year. The privilege licenses and filing fees required of fire, casualty, liability, fidelity, surety, guaranty, inland marine, plate glass and title insurance companies shall continue for the next ensuing twelve (12) months after June 1 of each year. The privilege license of an individual to act as an insurance producer, limited lines producer, limited lines credit insurance producer, supervising general agent or managing general agent shall continue from the date of issuance of original licenses or from the expiration date for existing licenses until the last day of the month of the licensee’s birthday in the second year following issuance or renewal of the license, with a minimum term of thirteen (13) months. The privilege license of a business entity to act as insurance producer, limited lines producer, limited lines credit insurance producer, supervising general agent or managing general agent shall continue from the date of issuance until May 31 in the second year following issuance or renewal of the license, with a minimum term of thirteen (13) months.

Miss. Code Ann. § 83-17-27 Repealed.

Repealed by Laws, 2001, ch. 510, § 34, eff from and after January 1, 2002. § 83-17-27 . [Codes, 1942, § 5630.7; Laws, 1966, ch. 529, §§ 1-4.] § 83-17-29 . [Codes, 1942, § 5723-11; Laws, 1962, ch. 469, § 1.] § 83-17-31 . [Codes, 1942, § 5723-12; Laws, 1962, ch. 469, § 2.] § 83-17-33 . [Codes, 1942, § 5723-13; Laws, 1962, ch. 469, § 3.] § 83-17-35 . [Codes, 1942, § 5723-14; Laws, 1962, ch. 469, § 4.] Editor’s Notes — Former § 83-17-27 was entitled “Publication of agents directory.” Former § 83-17-29 was entitled “Unauthorized counselling and advising prohibited.” Former § 83-17-31 was entitled “Notice and hearing.” Former § 83-17-33 was entitled “Penalties for unauthorized counselling.” Former § 83-17-35 was entitled “Appeals.”

Miss. Code Ann. § 83-17-37 Expiration of license; application for renewal.

Each license issued to a producer shall expire on the mandated renewal date following the date of issue, unless prior thereto it is revoked or suspended by the commissioner. Each producer shall file an application for renewal of license on the form and in the manner prescribed by the commissioner for such purpose. Upon the filing of such application for renewal of license and the payment of the required fees, the current license shall continue to be in force until the renewal license is issued by the commissioner or until the commissioner has refused for cause to issue such renewal license, as provided in Section 83-17-71, and has given notice of such refusal in writing to the producer.

Miss. Code Ann. § 83-17-39 Examination of applicants; classification of applicants; textbooks and learning materials.

Each applicant for a license to act as a producer within this state shall submit to a personal written examination to determine his competence to act as a producer and his familiarity with the pertinent provisions of the laws of this state, and shall pass the same to the satisfaction of the commissioner; except that no such written examination shall be required of: An applicant for a renewal license unless the commissioner determines that such examination is necessary to establish the competency of the applicant, or unless a license had not been effective as to such applicant within one (1) year preceding the date of filing the application; An applicant who is a ticket-selling agent of a railroad or steamship company, carrier by air, or public bus carrier who shall act as a producer or solicitor in the sale of accident insurance tickets to individuals; An applicant who shall be licensed to act only as a producer with respect to life, health and accident insurance on borrowers or debtors commonly known as credit life, health and accident insurance; In the discretion of the commissioner, an applicant whose license to do business or act as a producer in this state was suspended less than one (1) year prior to the date of application; An applicant who is an agent of a fraternal benefit society exclusively; An applicant who is exempt from examination under the provisions of Section 83-17-67; and An applicant who shall be licensed to act only as a producer with respect to property insurance on borrowers or debtors commonly known as credit property insurance. The commissioner may establish rules and regulations with respect to the classification of applicants according to the type of insurance contracts to be effected by them if licensed as producers, and with respect to the scope, type and conduct of written examinations to be given pursuant to this section, and the times and places within this state for the holding of such examinations. Such rules and regulations, if established, shall classify applicants for purposes of this section as follows: Those desiring to write life insurance; Those desiring to write accident and health insurance, other than industrial accident and health insurance; Those desiring to write industrial accident and health insurance; Those desiring to write any combination of two (2) or more of the above classifications; and Those of such other classification as, in the opinion of the commissioner, are necessary or appropriate. Examination shall be prepared and given in those subjects only which pertain to the classification or classifications which the applicant desires to write, and no applicant shall be required to take an examination on a subject or subjects pertaining to any other classification. The rules and regulations of the commissioner, if established, shall designate textbooks, manuals and other materials to be studied by applicants in preparation for examination in each classification designated by the commissioner pursuant to this section. Such textbooks, manuals or other materials may consist of matter available to applicants by purchase from the publisher, or may consist of matter prepared at the direction of the commissioner and distributed to applicants upon request therefor and payment of the reasonable cost thereof. If textbooks, manuals or other materials shall have been designated or prepared by the commissioner pursuant to this section, all examination questions shall be prepared from the contents of such textbooks, manuals or other materials.

Miss. Code Ann. § 83-17-41 Licensing by type or kind of insurance; sanctions for selling type or kind of insurance for which not properly licensed.

The commissioner may, from time to time, make reasonable groupings into type, types or kinds of insurance that may be lawfully written in this state, for the purpose of prescribing reasonable written examinations for producer and solicitor licenses for each group respectively, and for the issuance of limited licenses. Any such licensed producer or solicitor who shall attempt to write any type of business or seek a brokerage commission on a type of business for which he is not properly licensed and authorized shall, after investigation of all circumstances and proper notice of hearing, be subject to hearing for revocation or suspension of the license.

Miss. Code Ann. § 83-17-43 Repealed.

Repealed by Laws of 2009, ch. 448, § 17, effective November 1, 2009. [Laws, 2001, ch. 510, § 24, eff from and after Jan. 1, 2002.]

Miss. Code Ann. § 83-17-45 Prohibited acts; liability.

No producer or other persons shall, within this state, solicit, procure, receive or forward applications for insurance or annuities, or issue or deliver policies for, or in any manner secure, help, or aid in the placing of any contract of insurance or annuity for any person other than himself, directly or indirectly, with any insurer not authorized to do business in this state. Any producer or any other person who violates the provisions of this section shall be liable for the full amount of any loss sustained on any contract of life, health or accident insurance or annuity made by or through him, directly or indirectly, with any insurer not authorized to do business in this state and, in addition, for any premium taxes which may become due under any law of this state by reason of such contract.

Miss. Code Ann. § 83-17-47 Commissioner’s subpoena power.

The Commissioner of Insurance shall have the power to administer oaths and affirmations, issue subpoenas and order the attendance and testimony of witnesses and the production of papers, books and documents. Upon the failure of any person to comply with any subpoena or order issued under the authority of this section, the Commissioner of Insurance may invoke the aid of any court of the state of general jurisdiction. The court thereupon may order such person to comply with the requirements of the subpoena or order to give evidence touching the matter in question. Failure to obey the order of the court may be punished by the court as a contempt thereof.

Miss. Code Ann. § 83-17-51 Purpose and scope of article.

The purpose of this article is to provide the qualifications and procedures required for the licensing of insurance producers. This article does not apply to excess and surplus lines agents and brokers licensed under Sections 83-21-17 through 83-21-31 except as provided in Sections 83-17-65 and 83-17-79(2), or to domestic title insurance companies and their agents licensed under Sections 83-15-1 through 83-15-11, except as provided in Section 83-17-75.

Miss. Code Ann. § 83-17-53 Definitions.

The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise: “Business entity” means a corporation, association, partnership, limited liability company, limited liability partnership or other legal entity. “Commissioner” means the Commissioner of Insurance. “Home state” means the District of Columbia and any state or territory of the United States in which an insurance producer maintains his or her principal place of residence or principal place of business and is licensed to act as an insurance producer. “Insurance” means any of the lines of authority in Section 83-19-1. “Insurance producer” means a person required to be licensed under the laws of this state to sell, solicit or negotiate insurance. “Insurer” means that as defined in Section 83-6-1. “License” means a document issued by the commissioner authorizing a person to act as an insurance producer for the lines of authority specified in the document. The license itself does not create any authority, actual, apparent or inherent, in the holder to represent or commit an insurance carrier. “Limited line credit insurance” includes credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage guaranty, mortgage disability, guaranteed automobile protection (gap) insurance and any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing that credit obligation that the commissioner determines should be designated a form of limited line credit insurance. “Limited line credit insurance producer” means a person who sells, solicits or negotiates one or more forms of limited line credit insurance coverage to individuals through a master, corporate, group or individual policy. “Limited lines insurance” means those lines of insurance defined in Section 83-19-1, Class 1(b), (e), (p) and (q) and Section 83-19-1, Class 2(d), Section 83-17-63 (1)(h), (i), (j), (k) and (l), or any other line of insurance that the commissioner deems necessary to recognize for the purposes of complying with Section 83-17-65(5). “Limited lines producer” means a person authorized by the commissioner to sell, solicit or negotiate limited lines insurance. “Negotiate” means the act of conferring directly with or offering advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms or conditions of the contract, if the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers. “Person” means an individual or a business entity. “Sell” means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurance company. “Solicit” means attempting to sell insurance or asking or urging a person to apply for a particular kind of insurance from a particular company. “Terminate” means the cancellation of the relationship between an insurance producer and the insurer or the termination of a producer’s authority to transact insurance. “Uniform business entity application” means the current version of the NAIC uniform business entity application for resident and nonresident business entities. “Uniform application” means the current version of the NAIC uniform application for resident and nonresident producer licensing.

Miss. Code Ann. § 83-17-55 License required to sell, solicit or negotiate insurance; requirements for issuing license to partnerships; employees or authorized agents of limited license rental car company may offer, sell or solicit certain insurance under limited license of rental car company.

A person shall not sell, solicit or negotiate insurance in this state for any class or classes of insurance unless the person is licensed for that line of authority in accordance with this article. No license shall be issued to a partnership unless all the partners thereof satisfy the same requirements in every respect for an individual producer provided for in this article. Notwithstanding any provision in this section to the contrary, employees and authorized agents of a limited license rental car company: May receive compensation for activities under the rental car company’s limited license that is incidental to their overall compensation, including, but not limited to, commissions, bonuses and other valuable consideration; May offer, sell or solicit, in connection with and incidental to the rental of rental cars, the kinds of insurance specified in Section 83-17-63(1) (h) under the limited license of the rental car company; and Shall not require any additional licensing under this chapter or any other provision of Title 83 relating to paragraph (a) or (b) above.

Miss. Code Ann. § 83-17-57 Exemptions from licensing requirement.

Nothing in this article shall be construed to require an insurer to obtain an insurance producer license. In this section, the term “insurer” does not include an insurer’s officers, directors, employees, subsidiaries or affiliates. A license as an insurance producer shall not be required of the following: An officer, director or employee of an insurer or of an insurance producer, if the officer, director or employee does not receive any commission on policies written or sold to insure risks residing, located or to be performed in this state and: The officer, director or employee’s activities are executive, administrative, managerial, clerical or a combination of these and are only indirectly related to the sale, solicitation or negotiation of insurance; or The officer, director or employee’s function relates to underwriting, loss control or inspection of insurance; or The officer, director or employee is acting in the capacity of a special agent or agency supervisor assisting insurance producers where the person’s activities are limited to providing technical advice and assistance to licensed insurance producers and do not include the sale, solicitation or negotiation of insurance; A person who secures and furnishes information for the purpose of group life insurance, group property and casualty insurance, group annuities, group or blanket accident and health insurance or for the purpose of enrolling individuals under plans or issuing certificates under plans or otherwise assisting in administering plans; or who performs administrative services related to mass marketed property and casualty insurance where no commission is paid to the person for the service; An employer or association or its officers, directors, employees, or the trustees of an employee trust plan, to the extent that the employers, officers, employees, directors or trustees are engaged in the administration or operation of a program of employee benefits for the employer’s or association’s own employees or the employees of its subsidiaries or affiliates, which program involves the use of insurance issued by an insurer, as long as the employers, associations, officers, directors, employees or trustees are not in any manner compensated, directly or indirectly, by the company issuing the contracts; Employees of insurers or organizations employed by insurers who are engaging in the inspection, rating or classification of risk or in the supervision of the training of insurance producers and who are not individually engaged in the sale, solicitation or negotiation of insurance; A person whose activities in this state are limited to advertising without the intent to solicit insurance in this state through communications in printed publications or other forms of electronic mass media whose distribution is not limited to residents of the state, if the person does not sell, solicit or negotiate insurance that would insure risks residing, located or to be performed in this state; A person who is not a resident of this state who sells, solicits or negotiates a contract of insurance for commercial property and casualty risks to an insured with risks located in more than one (1) state insured under that contract, if that person is otherwise licensed as an insurance producer to sell, solicit or negotiate that insurance in the state where the insured maintains its principal place of business and the contract of insurance insures risks located in that state; or A salaried full-time employee who counsels or advises his or her employer relative to the insurance interests of the employer or of the subsidiaries or business affiliates of the employer if the employee does not sell or solicit insurance or receive a commission.

Miss. Code Ann. § 83-17-59 Examination.

A resident individual applying for an insurance producer license shall pass a written examination unless exempt under Section 83-17-67 or Section 83-17-39. The examination shall test the knowledge of the individual concerning the lines of authority for which application is made, the duties and responsibilities of an insurance producer and the insurance laws and regulations of this state. Examinations required by this section shall be developed and conducted under rules and regulations prescribed by the commissioner. The commissioner may make arrangements, including contracting with an outside testing service, for administering examinations and collecting a nonrefundable examination fee. Each individual applying for an examination shall remit a nonrefundable fee as prescribed by the commissioner. An individual who fails to appear for the examination as scheduled or fails to pass the examination shall reapply for an examination and remit all required fees and forms before being rescheduled for another examination.

Miss. Code Ann. § 83-17-61 Application requirements.

A person applying for a resident insurance producer license shall make application to the commissioner on the uniform application and declare under penalty of refusal, suspension or revocation of the license that the statements made in the application are true, correct and complete to the best of the individual’s knowledge and belief. Before approving the application, the commissioner shall find that the individual: Is at least eighteen (18) years of age; Has not committed any act that is a ground for denial, suspension or revocation set forth in Section 83-17-71; Where required by the commissioner, has completed a prelicensing course of study for the lines of authority for which the person has applied; Has paid the fees set forth in Section 27-15-87; and Has successfully passed the examinations for the liens of authority for which the person has applied. A business entity acting as an insurance producer is required to obtain an insurance producer license. Application shall be made using the uniform business entity application. Before approving the application, the commissioner shall find that: The business entity has paid the fees set forth in Section 27-15-85; and The business entity has designated a licensed producer responsible for the business entity’s compliance with the insurance laws, rules and regulations of this state. The commissioner may require any documents reasonably necessary to verify the information contained in an application. Each insurer that sells, solicits or negotiates any form of limited line credit insurance shall provide to each individual whose duties include selling, soliciting or negotiating limited line credit insurance a program of instruction that may be approved by the commissioner.

Miss. Code Ann. § 83-17-63 Qualification for license in certain lines of authority; license to remain in effect absent revocation, suspension, or failure to pay annual fee; reinstatement and renewal; waiver of renewal requirements due to extenuating circumstances; information to be included on license; change of address.

Unless denied licensure under Section 83-17-71, persons who have met the requirements of Sections 83-17-59 and 83-17-61, shall be issued an insurance producer license. An insurance producer may receive qualification for a license in one or more of the following lines of authority: Life: insurance coverage on human lives, including benefits of endowment and annuities and may include benefits in the event of death or dismemberment by accident and benefits for disability income. Accident and health or sickness: insurance coverage for sickness, bodily injury or accidental death and may include benefits for disability income. Property: insurance coverage for the direct or consequential loss or damage to property of every kind. Casualty: insurance coverage against legal liability, including that for death, injury or disability or damage to real or personal property. Variable life and variable annuity products: insurance coverage provided under variable life insurance contracts and variable annuities. Personal lines: property and casualty insurance coverage sold to individuals and families for primarily noncommercial purposes. Credit: limited line credit insurance. Car rental: limited line insurance offered, sold or solicited in connection with and incidental to the rental of rental cars, whether at the rental office or preselection of coverage in master, corporate or individual agreements that is nontransferrable, applies only to the rental car that is the subject of the rental agreement and is limited to the following kinds of insurance: 1. Personal accident insurance for renters and other rental car occupants, for accidental death or dismemberment, and for medical expenses resulting from an accident that occurs with the rental car during the rental period; 2. Liability insurance that provides protection to the renters and other authorized drivers of a rental car for liability arising from the operation or use of the rental car during the rental period; 3. Personal effects insurance that provides coverage to renters and other vehicle occupants for loss of, or damage to, personal effects in the rental car during the rental period; 4. Roadside assistance and emergency sickness protection insurance; or 5. Any other coverage designated by the Commissioner of Insurance. Notwithstanding anything in this section or any other provision of law to the contrary, employees and authorized agents of a limited license rental car company: 1. May receive compensation for activities under the rental car company’s limited license that is incidental to their overall compensation, including, but not limited to, commissions, bonuses and other valuable consideration; 2. May offer, sell or solicit, in connection with and incidental to the rental of rental cars, the kinds of insurance specified in this paragraph (h) under the limited license of the rental car company; and 3. Shall not require any additional licensing under this chapter or any other provision of Title 83 relating to item 1 or 2 of this subparagraph (ii). Each limited license rental car company shall conduct a training program for its employees and authorized agents in which the employees and authorized agents being trained shall receive basic instruction about the kinds of insurance specified in this paragraph (h). Once its employees and authorized agents have been trained, each limited license rental car company shall provide supervision for these employees and authorized agents relating to their offer to, sale to, or solicitation of prospective renters of rental cars with respect to the kinds of insurance specified in this paragraph (h). Crop insurance: limited line insurance providing protection against damage to crops from unfavorable weather conditions, fire or lightning, flood, hail, insect infestation, disease or other yield-reducing conditions or perils provided by the private insurance market, or that is subsidized by the Federal Crop Insurance Corporation, including Multi-Peril Crop Insurance. Surety: limited line insurance or bond that covers obligations to pay the debts of, or answer for the default of another, including faithlessness in a position of public or private trust. For purpose of limited line licensing, surety does not include Surety Bail Bonds. Travel: limited line insurance coverage for trip cancellation, trip interruption, baggage, life, sickness and accident, disability and personal effects when limited to a specific trip and sold in connection with transportation provided by a common carrier. Self-storage: limited line insurance coverage for the loss or damage to personal property that occurs at a self-storage facility or when such property is in transit to or from a self-storage facility during the period of a rental agreement. Any other line of insurance permitted under state laws or regulations. An insurance producer license shall remain in effect unless revoked or suspended as long as the fee set forth in Section 27-15-87 is paid and education requirements for resident individual producers are met by the due date. An individual insurance producer who allows his or her license to lapse may, within twelve (12) months from the due date of the renewal fee, reinstate the same license without the necessity of passing a written examination. The penalty for such late renewal shall be in compliance with Section 27-15-215. A licensed insurance producer who is unable to comply with license renewal procedures due to military service or some other extenuating circumstances, including, but not limited to, a long-term medical disability may request a waiver of those procedures. The producer may also request a waiver of any examination requirement or any other fine or sanction imposed for failure to comply with renewal procedures. The license shall contain the licensee’s name, address, personal identification number and the date of issuance, the lines of authority, the expiration date and any other information the commissioner deems necessary. Licensees shall inform the commissioner by any means acceptable to the commissioner of a change of address within thirty (30) days of the change. Failure to timely inform the commissioner of a change in legal name or address shall result in a penalty under Section 83-17-71. In order to assist in the performance of the commissioner’s duties, the commissioner may contract with nongovernmental entities, including the National Association of Insurance Commissioners (NAIC) or any affiliates or subsidiaries that the NAIC oversees, to perform any ministerial functions, including the collection of fees, related to producer licensing that the commissioner and the nongovernmental entity may deem appropriate.

Miss. Code Ann. § 83-17-64 Limited license as insurance producer for self-storage insurance; definitions; employee or representative of licensee may act on behalf of licensee under certain circumstances.

For purposes of this section, the following terms have the following meanings unless the context clearly indicates otherwise. Any terms defined in Section 85-7-121 shall have the meaning provided therein unless otherwise defined in this section. “Limited lines producer” means an individual or business entity authorized and licensed by the commissioner to offer, sell, solicit and negotiate self-storage insurance. “Occupant” means a person, his sublessee, successor or assign entitled to the use of a leased space at a self-storage facility under a rental agreement to the exclusion of others. “Owner” means the owner, operator, lessor or sublessor of a self-storage facility, an agent or any person authorized to manage the facility or to receive rent from an occupant under a rental agreement. The term “owner” shall not be construed to mean a warehouseman unless the owner issues a warehouse receipt, bill of lading or other document of title for the personal property stored. “Personal property” means any movable property not affixed to land including, but not limited to, goods, wares, merchandise, motor vehicles, watercraft, and household items and furnishings. “Rental agreement” means any written agreement or lease that establishes or modifies the terms, conditions, rules or any other provisions concerning the use and occupancy of a self-storage facility. “Self-storage facility” means a business entity that offers individual storage space to nonresident occupants who are to have their own means of access to the facility at any time for the purpose of storing and removing personal property. “Self-storage insurance” means personal property insurance offered in connection with and incidental to the lease or rental of leased space at a self-storage facility and that provides coverage to occupants for the loss of or damage to personal property that occurs at the self-storage facility or when such property is in transit to or from the self-storage facility during the period of the rental agreement. “Supervising entity” means a business entity that is a licensed insurer or insurance producer that is authorized by an insurer to supervise the administration of a self-storage insurance program. The commissioner may issue to an individual or business entity that has filed with the commissioner an application for such limited license in a form and manner prescribed by the commissioner, a limited lines self-storage insurance producer license which authorizes the limited lines producer to offer, sell, solicit and negotiate insurance through a licensed insurer at each location where the limited lines producer conducts business. A limited lines producer may authorize any employee or representative of the licensee to act individually on behalf and under the supervision of the licensee to offer, sell, solicit and negotiate self-storage insurance under the limited lines producer’s license and without the need for an individual producer’s license only if the following conditions are met: The limited lines producer complies with the provisions of Section 83-17-61(2). The designated responsible licensed producer required in Section 83-1-61(2)(b), Mississippi Code of 1972, need not be an employee or owner of the self-storage facility. Written or electronic materials containing the following information must be made readily available to the purchasers of the self-storage insurance: A description of the material terms or the actual material terms of the insurance coverage; A description of the process for filing a claim; A description of the review or cancellation process for the insurance coverage; A disclosure that the insurance coverage may provide a duplication of coverage already provided by an existing policy of insurance; A statement that the purchase by the occupant of the insurance coverage offered by the limited lines producer is not required in order to enter into a rental agreement; and The identity and contact information of the insurer and limited lines producer. At the time of licensure, the limited lines producer shall establish and maintain a register on a form prescribed by the commissioner of each self-storage facility that offers insurance on the limited lines producer’s behalf. The register shall be maintained and updated by the limited lines producer and shall include the name, address and contact information of the self-storage facility and an officer or person who directs or controls the facility’s operations. The limited lines producer shall submit such register to the Department of Insurance (department) upon reasonable request. A self-storage facility employee or authorized representative, who is not licensed as an insurance producer, may not: Evaluate or interpret the technical terms, benefits and conditions of the offered insurance coverage; Evaluate or provide advice concerning a prospective purchaser’s existing insurance coverage; or Claim to be a licensed insurer, licensed producer, or insurance expert. The insurer issuing the self-storage insurance either directly supervises or authorizes a supervising entity to supervise the administration of the program including development of a training program for employees and authorized representatives of the limited lines producer. The training required by this paragraph shall comply with the following: The training shall be delivered to employees and authorized representatives of the limited lines producer who are directly engaged in the activity of selling, soliciting or negotiating self-storage insurance; The training may be provided in electronic form. However, if conducted in an electronic form, the supervising entity shall implement a supplemental education program regarding the self-storage insurance that is conducted and overseen by licensed employees of the supervising entity; Each employee and authorized representative shall receive basic instruction about the self-storage insurance offered by the limited lines producer and the disclosures required under subsection (3)(b) of this section; and The training shall include provisions required under any rules and regulations promulgated by the department. Notwithstanding any other provision in law, an owner is authorized to receive compensation for billing and collection services. Limited lines producers shall not be required to maintain the funds from the sale of self-storage insurance in a segregated or trust account, provided that the limited lines producer is authorized by the insurer or supervising entity to hold the funds in an alternative manner and remits such amounts to the insurer or supervising entity within sixty (60) days of receipt. All premiums for self-storage insurance received by a limited lines producer, or any employee or representative of that producer, from an occupant shall be considered funds held in a fiduciary capacity for the benefit of the insurer. Self-storage insurance may be provided under an individual policy or under a group, corporate or master policy. The limited lines producer shall be subject to the provisions of Sections 83-5-29 through 83-5-51 and Section 83-17-71. An owner is not required to be licensed under this section solely to display and make available to occupants and prospective occupants brochures and other promotional materials created by or on behalf of an authorized insurer or a surplus lines insurer. It shall be unlawful for any owner or employee of a self-storage facility, or any limited lines producer, or employee or representative of that producer, to require the purchase of insurance coverage offered by the owner or limited lines producer to enter into a rental agreement.

Miss. Code Ann. § 83-17-65 Nonresident licenses.

Unless denied licensure pursuant to Section 83-17-71, a nonresident person shall receive a nonresident producer license if: The person is currently licensed as a resident and is in good standing in his or her home state; The person has submitted the proper request for licensure and has paid the fees required by Section 27-15-87; The person has submitted or transmitted to the commissioner the application for licensure that the person submitted to his or her home state, or a completed uniform application; and The person’s home state awards nonresident producer licenses to residents of this state on the same basis. The commissioner may verify the producer’s licensing status through the producer database maintained by the National Association of Insurance Commissioners, its affiliates or subsidiaries. A nonresident producer who moves from one (1) state to another state or a resident producer who moves from this state to another state shall file a change of address and provide certification from the new resident state within thirty (30) days of the change of legal residence. No fee or license application is required. Notwithstanding any other provision of this article, a person licensed as a surplus lines producer in his or her home state shall receive a nonresident surplus lines producer license in accordance with subsection (1) of this section. Except as to subsection (1) of this section, nothing in this section otherwise amends or supersedes any provision of Sections 83-21-17 through 83-21-31. Notwithstanding any other provision of this article, a person licensed as a limited line credit insurance or other type of limited lines producer in his or her home state shall receive a nonresident limited lines producer license in accordance with subsection (1) of this section, granting the same scope of authority as granted under the license issued by the producer’s home state. For the purposes of this subsection, limited line insurance is any authority granted by the home state which restricts the authority of the license to less than the total authority prescribed in the associated major lines under Section 83-17-63(1)(a) through (f). Notwithstanding any other provision of this article to the contrary, a person licensed in this state as a nonresident producer whose license is denied, suspended or revoked in his or her home state shall also have his or her nonresident license denied, suspended or revoked in this state without prior notice or hearing. The commissioner shall notify the nonresident producer, by United States regular mail sent to the nonresident producer’s last-known address on file at the Insurance Department, that the nonresident producer’s license has been denied, suspended or revoked. The nonresident producer may within ten (10) days of the date of the letter make written request to the department for hearing before the commissioner to determine the reasonableness of the commissioner’s action. The hearing shall be held within thirty (30) days of the receipt of the written request.

Miss. Code Ann. § 83-17-67 Individuals licensed in another state; exemption from prelicensing education or examination; 90-day application deadline.

An individual who applies for an insurance producer license in this state who was previously licensed for the same lines of authority in another state shall not be required to complete any prelicensing education or examination. This exemption is only available if the person is currently licensed in that state or if the application is received within ninety (90) days of the cancellation of the applicant’s previous license and if the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state or the state’s producer database records, maintained by the National Association of Insurance Commissioners, its affiliates or subsidiaries, indicate that the producer is or was licensed in good standing for the line of authority requested. A person licensed as an insurance producer in another state who moves to this state shall make application within ninety (90) days of establishing legal residence to become a resident licensee in accordance with Section 83-17-61. No prelicensing education or examination shall be required of that person to obtain any line of authority previously held in the prior state except where the commissioner determines otherwise by regulation.

Miss. Code Ann. § 83-17-69 Temporary license.

The commissioner may issue a temporary insurance producer license for a period not to exceed one hundred eighty (180) days without requiring an examination if the commissioner deems that the temporary license is necessary for the servicing of an insurance business in the following cases: To the surviving spouse or court-appointed personal representative of a licensed insurance producer who dies or becomes mentally or physically disabled to allow adequate time for the sale of the insurance business owned by the producer or for the recovery or return of the producer to the business or to provide for the training and licensing of new personnel to operate the producer’s business. To a member or employee of a business entity licensed as an insurance producer, upon the death or disability of an individual designated in the business entity application or the license; To the designee of a licensed insurance producer entering active service in the Armed Forces of the United States of America; or In any other circumstance where the commissioner deems that the public interest will best be served by the issuance of this license. The commissioner may by order limit the authority of any temporary licensee in any way deemed necessary to protect insureds and the public. The commissioner may require the temporary licensee to have a suitable sponsor who is a licensed producer or insurer and who assumes responsibility for all acts of the temporary licensee and may impose other similar requirements designed to protect insureds and the public. The commissioner may by order revoke a temporary license if the interest of insureds or the public are endangered. A temporary license may not continue after the owner or the personal representative disposes of the business.

Miss. Code Ann. § 83-17-71 Violations; penalties; judicial review; funding of agency expenses; deposit of monies into State General Fund.

The commissioner may place on probation, suspend, revoke or refuse to issue or renew an insurance producer’s license or may levy a civil penalty in an amount not to exceed One Thousand Dollars ($1,000.00) per violation and such penalty shall be deposited into the special fund of the State Treasury designated as the “Insurance Department Fund” for any one or more of the following causes: Providing incorrect, misleading, incomplete or materially untrue information in the license application; Violating any insurance laws, or violating any regulation, subpoena or order of the commissioner or of another state’s commissioner; Obtaining or attempting to obtain a license through misrepresentation or fraud; Improperly withholding, misappropriating or converting any monies or properties received in the course of doing insurance business; Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance; Having been convicted of a felony; Having admitted or been found to have committed any insurance unfair trade practice or fraud; Using fraudulent, coercive or dishonest practices or demonstrating incompetence, untrustworthiness or financial irresponsibility in the conduct of business in this state or elsewhere; Having an insurance producer license, or its equivalent, denied, suspended or revoked in any other state, province, district or territory; Forging another’s name to an application for insurance or to any document related to an insurance transaction; Improperly using notes or any other reference material to complete an examination for an insurance license; Knowingly accepting insurance business from an individual who is not licensed; Failing to comply with an administrative or court order imposing a child support obligation; or Failing to pay state income tax or comply with any administrative or court order directing payment of state income tax. If the action by the commissioner is to nonrenew or to deny an application for a license, the commissioner shall notify the applicant or licensee and advise, in writing, the applicant or licensee of the reason for the denial or nonrenewal of the applicant’s or licensee’s license. The applicant or licensee may make written demand upon the commissioner within ten (10) days for a hearing before the commissioner to determine the reasonableness of the commissioner’s action. The hearing shall be held within thirty (30) days. The license of a business entity may be suspended, revoked or refused if the commissioner finds, after hearing, that an individual licensee’s violation was known or should have been known by one or more of the partners, officers or managers acting on behalf of the partnership or corporation and the violation was neither reported to the commissioner nor corrective action taken. In addition to, or in lieu of, any applicable denial, suspension or revocation of a license, a person may, after hearing, be subject to a civil fine not to exceed One Thousand Dollars ($1,000.00) per violation and such fine shall be deposited into the special fund in the State Treasury designated as the “Insurance Department Fund.” The commissioner shall retain the authority to enforce the provisions of and impose any penalty or remedy authorized by this article and Title 83, Mississippi Code of 1972, against any person who is under investigation for or charged with a violation of this article or Title 83, Mississippi Code of 1972, even if the person’s license or registration has been surrendered or has lapsed by operation of law. No licensee whose license has been revoked hereunder shall be entitled to file another application for a license as a producer within one (1) year from the effective date of such revocation or, if judicial review of such revocation is sought, within one (1) year from the date of final court order or decree affirming such revocation. Such application, when filed, may be refused by the commissioner unless the applicant shows good cause why the revocation of his license shall not be deemed a bar to the issuance of a new license. Notwithstanding any other provision of this article to the contrary, a person licensed in this state as a nonresident producer whose license is denied, suspended or revoked in his or her home state shall also have his or her nonresident license denied, suspended or revoked in this state without prior notice or hearing. From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law. From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.

Miss. Code Ann. § 83-17-73 Licensing required before individual may accept commission for selling; employees or authorized agents of limited license rental car company may receive commission under rental car company’s limited license.

An insurance company or insurance producer shall not pay a commission, service fee, brokerage or other valuable consideration to a person for selling, soliciting or negotiating insurance in this state if that person is required to be licensed under this article and is not so licensed. A person shall not accept a commission, service fee, brokerage or other valuable consideration for selling, soliciting or negotiating insurance in this state if that person is required to be licensed under this article and is not so licensed. Renewal or other deferred commissions may be paid to a person for selling, soliciting or negotiating insurance in this state if the person was required to be licensed under this article at the time of the sale, solicitation or negotiation and was so licensed at that time. An insurer or insurance producer may pay or assign commissions, service fees, brokerages or other valuable consideration to an insurance agency or to persons who do not sell, solicit or negotiate insurance in this state, unless the payment would violate Section 83-17-7 or any other applicable provision of Title 83, Mississippi Code of 1972. Notwithstanding any provision in this section to the contrary, employees and authorized agents of a limited license rental car company: May receive compensation for activities under the rental car company’s limited license that is incidental to their overall compensation, including, but not limited to, commissions, bonuses and other valuable consideration; May offer, sell or solicit, in connection with and incidental to the rental of rental cars, the kinds of insurance specified in Section 83-17-63(1) (h) under the limited license of the rental car company; and Shall not require any additional licensing under this chapter or any other provision of Title 83 relating to paragraph (a) or (b) above.

Miss. Code Ann. § 83-17-75 Appointment of producer as agent of insurer.

An insurance producer shall not act as an agent of an insurer unless the insurance producer becomes an appointed agent of that insurer. An insurance producer who is not acting as an agent of an insurer is not required to become appointed. To appoint a producer as its agent, the appointing insurer shall file, in a format approved by the commissioner, a notice of appointment within fifteen (15) days from the date the agency contract is executed or the first insurance application is submitted. An insurer may also elect to appoint a producer to all or some insurers within the insurer’s holding company system or group by the filing of a single appointment request. Upon receipt of the notice of appointment, the commissioner shall verify within a reasonable time not to exceed thirty (30) days that the insurance producer is eligible for appointment. If the insurance producer is determined to be ineligible for appointment, the commissioner shall notify the insurer within five (5) days of its determination. An insurer shall pay an appointment fee, in the amount and method of payment set forth in Section 83-5-73 for each insurance producer appointed by the insurer. An insurer shall remit, in a manner prescribed by the commissioner, a renewal appointment fee in the amount set forth in Section 83-5-73. Before the issuance of a license or certificate of authority, the commissioner shall require the company requesting appointment of the applicant as producer for the first time to furnish a certificate to the commissioner, verified by an executive officer or managing general or special agent of such company, that the company has duly investigated the character and record of such person and has satisfied itself that such person is of good moral character and is qualified, fit and trustworthy to act as its producer. The Commissioner of Insurance may at any time require any company to obtain a credit report on a producer if the commissioner deems such request advisable. Should such credit report reflect information regarding an offense or violation in relation to which the Department of Insurance has taken action, such information shall not render the applicant ineligible for a license if applicant has complied with the order of the commissioner regarding such offense.

Miss. Code Ann. § 83-17-77 Notification of termination of insurance business relationship; termination procedure; immunity from civil liability absent actual malice; confidential and privileged information.

An insurer or authorized representative of the insurer that terminates the appointment, employment, contract or other insurance business relationship with a producer shall notify the commissioner within thirty (30) days following the effective date of the termination, using a format prescribed by the commissioner, if the reason for termination is one of the reasons set forth in Section 83-17-71 or the insurer has knowledge the producer was found by a court government body or self-regulatory organization authorized by law to have engaged in any of the activities in Section 83-17-71. Upon the written request of the commissioner, the insurer shall provide additional information, documents, records or other data pertaining to the termination or activity of the producer. An insurer or authorized representative of the insurer that terminates the appointment, employment or contract with a producer for any reason not set forth in Section 83-17-71 shall notify the commissioner within thirty (30) days following the effective date of the termination using a format prescribed by the commissioner. Upon written request of the commissioner, the insurer shall provide additional information, documents, records or other data pertaining to the termination. The insurer or the authorized representative of the insurer shall promptly notify the commissioner in a format acceptable to the commissioner if, upon further review or investigation, the insurer discovers additional information that would have been reportable to the commissioner in accordance with subsection (1) of this section had the insurer then known of its existence. Within fifteen (15) days after making the notification required by subsections (1), (2) and (3) of this section, the insurer shall mail a copy of the notification to the producer at his or her last known address. If the producer is terminated for cause for any of the reasons listed in Section 83-17-71, the insurer shall provide a copy of the notification to the producer at his or her last known address by certified mail, return receipt requested, postage prepaid or by overnight delivery using a nationally recognized carrier. Within thirty (30) days after the producer has received the original or additional notification, the producer may file written comments concerning the substance of the notification with the commissioner. The producer shall, by the same means, simultaneously send a copy of the comments to the reporting insurer, and the comments shall become a part of the commissioner’s file and accompany every copy of a report distributed or disclosed for any reason about the producer as permitted under subsection (6) of this section. In the absence of actual malice, an insurer, the authorized representative of the insurer, a producer, the commissioner or an organization of which the commissioner is a member and that compiles the information and makes it available to other commissioners or regulatory or law enforcement agencies shall not be subject to civil liability, and a civil cause of action of any nature shall not arise against these entities or their respective agents or employees, as a result of any statement or information required by or provided under this section or any information relating to any statement that may be requested in writing by the commissioner from an insurer or producer or a statement by a terminating insurer or producer to an insurer or producer limited solely and exclusively to whether a termination for cause under subsection (1) of this section was reported to the commissioner if the propriety of any termination for cause under subsection (1) of this section is certified in writing by an officer or authorized representative of the insurer or producer terminating the relationship. In any action brought against a person that may have immunity under paragraph (a) of this subsection for making any statement required by this section or providing any information relating to any statement that may be requested by the commissioner, the party bringing the action shall plead specifically in any allegation that paragraph (a) of this subsection does not apply because the person making the statement or providing the information did so with actual malice. Paragraph (a) or (b) of this subsection shall not abrogate or modify any existing statutory or common law privileges or immunities. Any documents, materials or other information in the control or possession of the Department of Insurance that is furnished by an insurer, producer or an employee or agent thereof acting on behalf of the insurer or producer or obtained by the commissioner in an investigation under this section shall be confidential by law and privileged, shall not be subject to the Public Records Act, shall not be subject to subpoena and shall not be subject to discovery or admissible in evidence in any private civil action. However, the commissioner is authorized to use the documents, materials or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner’s duties. Neither the commissioner nor any person who received documents, materials or other information while acting under the authority of the commissioner shall be permitted or required to testify in any private civil action concerning any confidential documents, materials or information subject to paragraph (a) of this subsection. In order to assist in the performance of the commissioner’s duties under this article, the commissioner: May share documents, materials or other information, including the confidential and privileged documents, materials or information subject to paragraph (a) of this subsection, with other state, federal and international regulatory agencies, with the National Association of Insurance Commissioners, its affiliates or subsidiaries and with state, federal and international law enforcement authorities, if the recipient agrees to maintain the confidentiality and privileged status of the document, material or other information; May receive documents, materials or information, including otherwise confidential and privileged documents, materials or information, from the National Association of Insurance Commissioners, its affiliates or subsidiaries and from regulatory and law enforcement officials of other foreign or domestic jurisdictions and shall maintain as confidential or privileged any document, material or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material or information; and May enter into agreements governing sharing and use of information consistent with this subsection. No waiver of any applicable privilege or claim of confidentiality in the documents, materials or information shall occur as a result of disclosure to the commissioner under this section or as a result of sharing as authorized in paragraph (c) of this subsection. Nothing in this article shall prohibit the commissioner from releasing final, adjudicated actions including for cause terminations that are open to public inspection pursuant to the Public Records Act to a database or other clearinghouse service maintained by the National Association of Insurance Commissioners, its affiliates or subsidiaries of the National Association of Insurance Commissioners. An insurer, the authorized representative of the insurer or producer that fails to report as required under the provisions of this section or that is found to have reported with actual malice by a court of competent jurisdiction may, after notice and hearing, have its license or certificate of authority suspended or revoked and may be fined in accordance with all applicable statutes.

Miss. Code Ann. § 83-17-79 Reciprocity.

The commissioner shall waive any requirements for a nonresident license applicant with a valid license from his or her home state, except the requirements imposed by Section 83-17-65, if the applicant’s home state awards nonresident licenses to residents of this state on the same basis. A nonresident producer’s satisfaction of his or her home state’s continuing education requirements for licensed insurance producers shall constitute satisfaction of this state’s continuing education requirements if the nonresident producer’s home state recognizes the satisfaction of its continuing education requirements imposed upon producers from this state on the same basis.

Miss. Code Ann. § 83-17-81 Producer to report to commissioner any administrative or criminal action initiated against producer.

A producer shall report to the commissioner any administrative action taken against the producer in another jurisdiction or by another governmental agency in this state within thirty (30) days of the final disposition of the matter. This report shall include a copy of the order, consent to order or other relevant legal documents. Within thirty (30) days of the initial pretrial hearing date, a producer shall report to the commissioner any criminal prosecution of the producer taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from the hearing and any other relevant legal documents.

Miss. Code Ann. § 83-17-83 Appellate review.

Any person aggrieved by any action or decision of the Commissioner of Insurance under the provisions of this article may appeal therefrom, within thirty (30) days after receipt of notice thereof, to the Circuit Court of the First Judicial District of Hinds County by certiorari in the manner provided by law. Such appeal shall be without supersedeas, except that the court may grant supersedeas as otherwise provided by law where the license is revoked. The court shall have the authority and jurisdiction to hear the appeal and render its decision in regard thereto in termtime or vacation.

Miss. Code Ann. § 83-17-85 Inquisitorial and subpoena power of commissioner.

For the purpose of making such investigations as he may deem necessary for the proper administration of this article, the commissioner shall have inquisitorial powers and shall be empowered to subpoena witnesses and examine them under oath, provided that all testimony, documents, and other evidence required to be submitted to the commissioner pursuant to this article shall be privileged and shall not be admissible as evidence in any other proceeding.

Miss. Code Ann. § 83-17-87 Regulations.

The commissioner may, in accordance with Section 25-43-1 et seq., promulgate reasonable regulations as are necessary or proper to carry out the purposes of this article.

Miss. Code Ann. § 83-17-89 Severability.

If any provisions of this article, or the application of a provision to any person or circumstances, shall be held invalid, the remainder of the article, and the application of the provision to persons or circumstances other than those to which it is held invalid, shall not be affected.

Miss. Code Ann. § 83-17-101 Repealed.

Repealed by Laws, 2001, ch. 510, § 34, eff from and after January 1, 2002. § 83-17-101 . [Codes, 1942, § 5722-01; Laws, 1960, ch. 367, § 1; Laws, 1977, ch. 334, § 1; Laws, 1978, ch. 462, § 1; Laws, 1997, ch. 410, § 10; Laws, 1999, ch. 487, § 7.] § 83-17-103 . [Codes, 1942, § 5722-02; Laws, 1960, ch. 367, § 2.] § 83-17-105 . [Codes, 1942, § 5722-03; Laws, 1960, ch. 367, § 3; Laws, 1978, ch. 462, § 2.] § 83-17-107 . [Codes, 1942, § 5722-04; Laws, 1960, ch. 367, § 4; Laws, 1962, ch. 464; Laws, 1974, ch. 442, § 3; Laws, 1985, ch. 315, § 1; Laws, 1988, ch. 375, § 1; Laws, 1997, ch. 588, § 68.] § 83-17-109 . [Codes, 1942, § 5722-05; Laws, 1960, ch. 367, § 5.] § 83-17-111 . [Codes, 1942, § 5722-06; Laws, 1960, ch. 367, § 6.] § 83-17-113 . [Codes, 1942, § 5722-07; Laws, 1960, ch. 367, § 7; Laws, 1971, ch. 408, § 1; Laws, 1999, ch. 351, § 1.] § 83-17-115 . [Codes, 1942, § 5722-08; Laws, 1960, ch. 367, § 8.] § 83-17-117 . [Codes, 1942, § 5722-09; Laws, 1960, ch. 367, § 9; Laws, 1976, ch. 433; Laws, 1995, ch. 361, § 1.] § 83-17-119 . [Codes, 1942, § 5722-10; Laws, 1960, ch. 367, § 10.] § 83-17-121 . [Codes, 1942, § 5722-11; Laws, 1960, ch. 367, § 11.] § 83-17-123 . [Codes, 1942, § 5722-12; Laws, 1960, ch. 367, § 12; Laws, 1997, ch. 410, § 6.] § 83-17-125 . [Codes, 1942, § 5722-13; Laws, 1960, ch. 367, § 13.] § 83-17-127 . [Codes, 1942, § 5722-14; Laws, 1960, ch. 367, § 14.] § 83-17-129 . [Codes, 1942, § 5722-15; Laws, 1960, ch. 367, § 15.] § 83-17-131 . [Codes, 1942, § 5722-16; Laws, 1960, ch. 367, § 16.] § 83-17-133 . [Codes, 1942, § 5722-18; Laws, 1960, ch. 367, § 18.] § 83-17-135 . [Codes, 1942, § 5722-21; Laws, 1960, ch. 367, § 21.] Editor’s Notes — Former § 83-17-101 was entitled “Definitions.” Former § 83-17-103 was entitled “Acting for unauthorized insurer prohibited.” Former § 83-17-105 was entitled “Acting as agent without license prohibited.” Former § 83-17-107 was entitled “Application for license. ” Former § 83-17-109 was entitled “Examination of applicant for license.” Former § 83-17-111 was entitled “Issuance or refusal of license.” Former § 83-17-113 was entitled “Nonresidents may be licensed.” Former § 83-17-115 was entitled “Agent may be licensed to represent additional insurers.” Former § 83-17-117 was entitled “Expiration and renewal of license.” Former § 83-17-119 was entitled “Temporary license.” Former § 83-17-121 was entitled “Termination of agent by insurer.” Former § 83-17-123 was entitled “Refusal, suspension, or revocation of license.” Former § 83-17-125 was entitled “Judicial review of acts of commissioner.” Former § 83-17-127 was entitled “Change of address of agent.” Former § 83-17-129 was entitled “Rules and regulations.” Former § 83-17-131 was entitled “Evidence privileged in investigations by commissioner.” Former § 83-17-133 was entitled “Penalties for violations of this article.” Former § 83-17-135 was entitled “Article inapplicable to certain agents and solicitors.” RESEARCH REFERENCES Practice References. Thomas, Jeffrey E., Martinez, Leo P., Mayerson, Marc S., and Richmond, Douglas R., 2011 Edition of New Appleman Insurance Law Practice Guide.

Miss. Code Ann. § 83-17-201 Repealed.

Repealed by Laws, 2001, ch. 510, § 34, eff from and after January 1, 2002. § 83-17-201 . [Codes, 1942, § 5723-01; Laws, 1948, ch. 352, § 1; Laws, 1962, ch. 466 § 1; Laws, 1964, ch. 472, § 1.] § 83-17-203 . [Codes, 1942, § 5723-01; Laws, 1948, ch. 352, § 1; Laws, 1962, ch. 466 § 1; Laws, 1964, ch. 472, § 1; Laws, 1999, ch. 487, § 8.] § 83-17-205 . [Codes, 1942, § 5723-02; Laws, 1948, ch. 352, § 2; Laws, 1964, ch. 472, § 2; Laws, 1988, ch. 375 § 2; Laws, 1994, ch. 328, § 1; Laws, 1997, ch. 588, § 69.] § 83-17-207 . [Codes, 1942, § 5723-02; Laws, 1948, ch. 352, § 2; Laws, 1964, ch. 472, § 2.] § 83-17-209 . [Codes, 1942, § 5723-02; Laws, 1948, ch. 352. § 2; Laws, 1964, ch. 472, § 2; Laws, 1974, ch. 442, § 4; Laws, 1985, ch. 315, § 2.] § 83-17-211 . [Codes, 1942, § 5723-02; Laws, 1948, ch. 352, § 2; Laws, 1964, ch. 472, § 2.] § 83-17-213 . [Codes, 1942, § 5723-02; Laws, 1948, ch. 352, § 2; Laws, 1964, ch. 472, § 2; Laws, 1996, ch. 507, § 85.] § 83-17-215 . [Codes, 1942, § 5723-02; Laws, 1948, ch. 352, § 2; Laws, 1964, ch. 472, § 2; Laws, 1974, ch. 442, § 5; Laws, 1996, ch. 507, § 86.] § 83-17-217 . [Codes, 1942, § 5723-03; Laws, 1948, ch. 352, § 3; Laws, 1964, ch. 472, § 3.] § 83-17-219 . [Codes, 1942, § 5723-04; Laws, 1948, ch. 352, § 4; Laws, 1964, ch. 472, § 4.] § 83-17-221 . [Codes, 1942, § 5723-04; Laws, 1948, ch. 352, § 4; Laws, 1964, ch. 472, § 4; Laws, 1996, ch. 507, § 87; Laws, 1997, ch. 410, § 7.] § 83-17-223 . [Codes, 1942, § 5723-05; Laws, 1948, ch. 352, § 5; Laws, 1964, ch. 472, § 5; Laws, 2001, ch. 510, § 34.] Editor’s Notes — Former § 83-17-201 was entitled “Scope of article.” Former § 83-17-203 was entitled “Definitions.” Former § 83-17-205 was entitled “Proof of qualifications of applicant for license.” Former § 83-17-207 was entitled “Powers of commissioner.” Former § 83-17-209 was entitled “Examination of applicant for license.” Former § 83-17-211 was entitled “Rules and regulations.” Former § 83-17-213 was entitled “Temporary license.” Former § 83-17-215 was entitled “Suspension of agent by insurer.” Former § 83-17-217 was entitled “Certificate of appointment of insurance solicitor.” Former § 83-17-219 was entitled “Investigations.” Former § 83-17-221 was entitled “Refusal, suspension, or revocation of license; administrative fines.” Former § 83-17-223 was entitled “Appeals.” RESEARCH REFERENCES Practice References. Thomas, Jeffrey E., Martinez, Leo P., Mayerson, Marc S., and Richmond, Douglas R., 2011 Edition of New Appleman Insurance Law Practice Guide.

Miss. Code Ann. § 83-17-225 Repealed.

Repealed by Laws, 1999, ch. 367, § 1, eff from and after March 15, 1999. § 83-17-225 . [Codes, 1942, § 5723-06; Laws, 1948, ch. 352, § 6; Laws, 1964, ch. 472, § 6, eff from and after passage (approved June 1, 1964)]. § 83-17-227 . [Laws, 1974, ch. 537, § 1, eff from and after passage (approved April 5, 1974)]. § 83-17-229 . [Laws, 1974, ch. 537, § 2, eff from and after passage (approved April 5, 1974)]. § 83-17-231 . [Laws, 1974, ch. 537, § 3, eff from and after passage (approved April 5, 1974)]. § 83-17-233 . [Laws, 1974, ch. 537, § 4, eff from and after passage (approved April 5, 1974)]. Editor’s Notes — Former § 83-17-225 related to the cumulative nature of the article. Former § 83-17-227 related to prohibition as to licensing of officers or employees of lending institution, public utility or holding company; definitions. Former § 83-17-229 related to prohibition as to licensing of officers or employees of lending institution, public utility or holding company; exceptions. Former § 83-17-231 related to prohibition as to licensing of officers or employees of lending institution, public utility or holding company; regulations. Former § 83-17-233 related to prohibition as to licensing of officers or employees of lending institution, public utility or holding company; application of law.

Miss. Code Ann. § 83-17-251 Completion of approved prelicensing and continuing educational courses; exemptions from prelicensing educational requirements; number of classroom hours required; exemptions from continuing educational requirements.

Every individual seeking to be licensed as an insurance producer in the State of Mississippi, as a condition of issuance of an original license, must furnish the Commissioner of Insurance certification on a form prescribed by the commissioner that he or she has completed an approved prelicensing course of study for the line of insurance requested. The prelicensing course of study hours shall consist of twenty (20) hours of approved prelicensing education courses per line of authority. The Commissioner of Insurance shall determine the content requirements for each prelicensing course of study. The prelicensing educational requirements of this section shall not apply to: An individual that is exempt from taking the written examination as provided in Section 83-17-39(1) and Section 83-17-67. An individual who has received a bachelor’s degree with major coursework in insurance from an accredited institution of higher learning. An individual holding a current and valid CEBS, CHFC, CIC, CFP, CLU, FLMI, LUTCF designation is exempt for the life line of authority. An individual holding a current and valid RHU, CEBS, REBC, HIA designation is exempt for the accident and health or sickness line of authority. An individual holding a current and valid AAI, ARM, CIC, CPCU designation is exempt for the property and casualty lines of authority. Limited lines insurance producer and limited lines credit insurance producer as defined in Section 83-17-53. An individual that is seeking licensure for the variable life and variable annuity products line of authority only. Every individual seeking renewal of an insurance producer license, which has been in effect for a term of eighteen (18) months or less shall satisfactorily complete twelve (12) hours of study in approved continuing education courses. Every individual seeking renewal of an insurance producer license, which has been in effect for a term of more than eighteen (18) months shall satisfactorily complete twenty-four (24) hours of study in approved continuing education courses, of which three (3) hours shall have a course concentration in ethics. The continuing educational requirements of this section shall not apply to: Any individual that is exempt from taking the written examination as provided in Section 83-17-39(1) (b), (c), (e) and (g); Any limited lines producer or limited lines credit insurance producer; A person not a resident of this state who meets the continuing educational requirement in the state in which such person resides and Mississippi has a reciprocal agreement with that state; or Nonactive agents as defined in Section 83-17-1.

Miss. Code Ann. § 83-17-253 Prelicensing educational and continuing educational program requirements; establishment of standards for evaluating programs.

To qualify for credit towards satisfaction of the requirements of this section, an educational program must be a formal program of learning which contributes directly to the professional competence of the licensee and such program must meet the standards outlined herein for prelicensing educational and continuing educational programs. The subject of each course must be approved for the lines of insurance for which the licensee is granted educational credit. Formal programs requiring attendance or self-study may be considered for credit if the required fees are paid and they meet the standards set forth by the commissioner. Course approval shall be valid for twenty-four (24) months from the date of issuance of approval. Continuing educational credit shall be allowed for service as an instructor of certified programs at any program for which participants are eligible to receive continuing educational credit. Credit for such service shall be awarded on the first presentation only unless a program has been substantially revised. Courses for prelicensing and continuing educational credit shall not be advertised or offered unless they have been approved by the commissioner or his designated advisory committee. The commissioner may grant exceptions to the requirements of this article for extenuating circumstances. The commissioner specifically reserves the right to approve or disapprove credit for prelicensing education and continuing education claimed under this section. The Commissioner of Insurance may require any original publisher or provider to submit all material to be used in his or her program to the Department of Insurance or his designee for review. All providers shall maintain a record of persons attending each course for not less than five (5) years and shall provide certificates of completion with hours earned to students upon their successful completion of each course. The certificate shall bear the course identification number as assigned by the Commissioner of Insurance or his designee. The Commissioner of Insurance may, in his discretion, designate an independent evaluation educational service to evaluate and administer education programs, subject to his direction and approval. The evaluation fee charged by such educational service shall be paid by the applicant to the service.

Miss. Code Ann. § 83-17-255 Prelicensing and continuing educational advisory committee; membership; quorum.

A prelicensing and continuing educational advisory committee, comprised of at least three (3) but not more than seven (7) individuals, may be appointed by and shall serve at the pleasure of the Commissioner of Insurance to advise the commissioner concerning prelicensing and continuing educational standards. Each committee member shall agree to serve a minimum of two (2) years. The chairman of the committee shall be appointed by and shall serve at the pleasure of the commissioner. A majority of those present at any meeting of the educational advisory committee shall be a quorum for purposes of performing the duties of the committee under this section. The committee may advise the commissioner on program content and exceptions as permitted under this section. The committee shall be available to consider other related matters as the commissioner may assign.

Miss. Code Ann. § 83-17-257 Certification of attendance and completion of prelicensing and continuing educational programs; exceptions.

Educational providers shall submit proof of each attendee’s successful completion of approved prelicensing and continuing educational programs to the Commissioner of Insurance in an electronic format approved by the commissioner within thirty (30) days of the course completion. The commissioner may grant exceptions to the requirements of this section for reasonable and just causes. The responsibility for establishing whether a particular course or other program for which credit is claimed is acceptable and meets the continuing educational requirements as set forth in this section rests solely on the licensee.

Miss. Code Ann. § 83-17-259 Commissioner of Insurance may grant exception or extension of time.

The Commissioner of Insurance, upon written request, may grant exception to or extend the time in which a licensee must comply with the continuing educational requirements of this section for reasons of poor health, military service or other reasonable and just causes.

Miss. Code Ann. § 83-17-261 Failure of agent to meet educational requirements; penalties.

Any individual failing to meet the requirements of this section and who has not been granted an extension of time within which to comply or who has submitted to the Commissioner of Insurance a false or fraudulent certificate of compliance shall be subject to suspension or revocation of all licenses issued for any kind or kinds of insurance. The individual shall be notified of his right to a hearing. No further license shall be issued to such person for any kind or kinds of insurance until such time as the person has demonstrated to the satisfaction of the commissioner that he or she has complied with all requirements of this section and all other laws applicable thereto. The Commissioner of Insurance may suspend, revoke or refuse to renew a course provider’s authority to offer courses for any of the following causes: Advertising that a course is approved before the commissioner has granted such approval in writing; Submitting a course outline with material inaccuracies, either in length, presentation time or topic content; Presenting or using unapproved material in providing an approved course; Failing to conduct a course for the full time specified in the approval request submitted to the commissioner; Preparing and distributing certificates of attendance or completion before the course has been approved; Issuing certificates of attendance or completion before the completion of the course; Failing to issue certificates of attendance or completion to any licensee who satisfactorily completes a course; Failing to notify promptly the Commissioner of Insurance of suspected or known improper activities; or Any violation of state law. A course provider is responsible for the activities of persons conducting, supervising, instructing, proctoring, monitoring, moderating, facilitating or in any way responsible for the conduct of any of the activities associated with the course. In addition, the Commissioner of Insurance may require any of the following upon a finding of a violation of this section: Refunding all course tuition and fees to licensees; Providing licensees with a suitable course to replace the course that was found in violation; or Withdrawal or approval of courses sponsored by such a provider for a period determined by the commissioner.

Miss. Code Ann. § 83-17-301 Repealed.

Repealed by Laws, 2001, ch. 510, § 34, eff from and after January 1, 2002. § 83-17-301 . [Codes, 1942, § 5834-21; Laws, 1962, ch. 456, § 1.] § 83-17-303 . [Codes, 1942, § 5834-22; Laws, 1962, ch. 456, § 2.] § 83-17-305 . [Codes, 1942, § 5834-23; Laws, 1962, ch. 456, § 3.] § 83-17-307 . [Codes, 1942, § 5834-24; Laws, 1962, ch. 456, § 4.] § 83-17-309 . [Codes, 1942, § 5834-25; Laws, 1962, ch. 456, § 5.] Editor’s Notes — Former § 83-17-301 was entitled “Agents may petition for hearing on fire and casualty rating laws.” Former § 83-17-303 was entitled “Agents may petition for hearing on violations or failure to act.” Former § 83-17-305 was entitled “Hearings.” Former § 83-17-307 was entitled “Service of processes and issuance of orders.” Former § 83-17-309 was entitled “Judicial review.” RESEARCH REFERENCES Practice References. Thomas, Jeffrey E., Martinez, Leo P., Mayerson, Marc S., and Richmond, Douglas R., 2011 Edition of New Appleman Insurance Law Practice Guide.

Miss. Code Ann. § 83-17-401 Definitions.

As used in this article, unless the context otherwise requires: “Adjuster” means any person who, as an independent contractor, or as an employee of an independent contractor, adjustment bureau, association, insurance company or corporation, managing general agent or self-insured, investigates or adjusts losses on behalf of either an insurer or a self-insured, or any person who supervises the handling of claims. “Adjuster” shall not include: An attorney-at-law who adjusts insurance losses from time to time and incidental to the practice of law, and who does not advertise or represent that he is an adjuster; A salaried employee of an insurer who is regularly engaged in the adjustment, investigation or supervision of insurance claims; Persons employed only for the purpose of furnishing technical assistance to a licensed adjuster, including, but not limited to, photographers, estimators, private detectives, engineers, handwriting experts and attorneys-at-law; A licensed agent or general agent of an authorized insurer who processes undisputed or uncontested losses, or both, for such insurer under policies issued by the licensed agent or general agent; A person who performs clerical duties with no negotiations with the parties on disputed or contested claims, or both; Any person who handles claims arising under life, accident and health insurance policies; Any person who is a multiperil crop insurance adjuster; or Any person who collects claim information from, or furnishes claim information to, insureds or claimants, and who performs data entry including entering data into an automated claims adjudication system, if the person is an employee of a licensed independent adjuster or its affiliate where no more than twenty-five (25) such persons are under the supervision of one (1) licensed independent adjuster or licensed agent. A licensed agent who is acting as a supervisor and adjusting portable electronics insurance claims in accordance with this subparagraph does not need to be licensed as an adjuster. “Insurer” means any insurance company or self-insured. “Commissioner” means the Commissioner of Insurance. “Automated claims adjudication system” means a preprogrammed computer system designed for the collection, data entry, calculation and final resolution of portable electronics insurance claims which: May only be utilized by a licensed independent adjuster, licensed agent or supervised persons operating in accordance with paragraph (a)(viii) of this section; and Must comply with all claims payment requirements of the insurance code; and must be certified as compliant with this section by a licensed independent adjuster that is an officer of a licensed business entity under this chapter. “Workers’ compensation adjuster” means an adjuster whose scope of licensure is limited to workers’ compensation insurance. A workers’ compensation adjuster may not represent an insured individual. A workers’ compensation adjuster must comply with all licensing and continuing education requirements as are prescribed by the commissioner pursuant to this article.

Miss. Code Ann. § 83-17-403 Posing as adjuster prohibited; penalty.

No person shall act as or hold himself out to be an adjuster in this state unless he is licensed therefor by the Commissioner of Insurance in this state, except that an individual, who is undergoing education and training as an adjuster under the direction and supervision of a licensed adjuster for a period not exceeding twelve (12) months may act as an adjuster without having an adjuster’s license, if at the beginning of such training period, the name of such trainee has been registered as such with the commissioner. Any person who violates the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Two Hundred Fifty Dollars ($250.00) or by confinement in the county jail for not more than six (6) months, or by both such fine and confinement.

Miss. Code Ann. § 83-17-405 Application for license.

Application for a license as an insurance adjuster shall be made to the commissioner upon forms as prescribed and furnished by the commissioner. As a part of, or in connection with, any such application, the applicant shall furnish such information concerning his identity, personal history, experience, business record and any other pertinent facts as the commissioner may reasonably require.

Miss. Code Ann. § 83-17-407 Waiver of license requirement for certain adjuster license applicants; prohibition against denial of reciprocity for applicant licensed in another state solely because applicant is not resident of the United States.

The commissioner may waive any license requirement for an applicant with a valid license from another state having license requirements substantially equivalent to those of this state, or an applicant with a certification from a person or entity approved by the commissioner that provides adjuster education and training and has met the standards as set forth by the commissioner regarding pre-licensing coursework and examination. No applicant with a valid license from another state shall be rejected solely on the basis that the individual is not a resident of the United States of America.

Miss. Code Ann. § 83-17-409 Emergency licenses; conditions for issuing; fee.

In the event of a catastrophe or emergency which arises out of a disaster, act of God, riot, civil commotion, conflagration or other similar occurrence, the commissioner, upon application, shall issue an emergency license to persons who are residents or nonresidents of this state and who may or may not be otherwise licensed adjusters. Such emergency license shall remain in force for a period not to exceed ninety (90) days, unless extended for an additional period of ninety (90) days by the commissioner. The applicant must be certified by (a) a person licensed under the provisions of this article, or by (b) an insurer who maintains an office in this state and is licensed to do business in this state. The licensed adjuster or insurer who certifies the applicant under the provisions of this section shall be responsible for the loss or claims practices of the emergency license holder. Within five (5) days of any applicant beginning work as an adjuster under this section, the employer of such adjuster shall certify to the commissioner such application without being deemed in violation of this article, provided that the commissioner, after notice and hearing, may revoke the emergency license upon the grounds as otherwise contained in this article providing for revocation of an adjuster’s license. The fee for an emergency license shall be in an amount not to exceed Fifty Dollars ($50.00) as determined by the commissioner and shall be due and payable within thirty (30) days of the issuance of such emergency license.

Miss. Code Ann. § 83-17-411 Reference of claim to unlicensed adjuster prohibited.

An insurer shall not knowingly refer any claim or loss for adjustment in this state to any person purporting to be or acting as an insurance adjuster unless such person is currently licensed as such as required in this article.

Miss. Code Ann. § 83-17-413 Qualifications for license.

The commissioner shall license as an insurance adjuster only an individual who has otherwise complied with this article and who has furnished evidence satisfactory to the commissioner that: He is at least eighteen (18) years of age; He is a bona fide resident of this state, or is a resident of a state or country which will permit residents of this state to act as insurance adjusters in such other state or country; If he is a nonresident of the United States, he has complied with all federal laws pertaining to employment or the transaction of business in the United States; He is a trustworthy person; He has had experience or special education or training with reference to the handling of loss claims under insurance contracts of sufficient duration and extent to make him competent to fulfill the responsibilities of an insurance adjuster; and He has successfully passed an examination as required by the commissioner in accordance with this article or has been exempted according to the provisions of this article.

Miss. Code Ann. § 83-17-415 Continuing education requirement; certification of programs.

The commissioner shall adopt a procedure for certifying continuing education programs. Each individual seeking renewal of an adjuster license, which has been in effect for a term of eighteen (18) months or less shall satisfactorily complete twelve (12) hours of study in approved continuing education courses. Every individual seeking renewal of an adjuster license, which has been in effect for a term of more than eighteen (18) months shall satisfactorily complete twenty-four (24) hours of study in approved continuing education courses, of which three (3) hours shall have a course concentration in ethics.

Miss. Code Ann. § 83-17-417 Examination requirement; exceptions; subject matter; manual.

Each applicant for a license as an adjuster, before the issuance of such license, shall personally take and pass, to the satisfaction of the commissioner, an examination as a test of his qualifications and competency; but the requirement of an examination shall not apply to any of the following: An applicant who for the one-year period next preceding July 1, 1993, has been principally engaged in the investigation, adjustment or supervision of losses and who is so engaged on July 1, 1993; An applicant for the renewal of a license issued hereunder; An applicant who is licensed as an insurance adjuster, as defined by this article, in another state with which state a reciprocal agreement has been entered into by the commissioner; Any person who possesses a certification from a person or entity approved by the commissioner that provides adjuster education and training and that requires, as a prerequisite to certification, an examination substantially equivalent to those of this state and approved by the commissioner; or Any person who has completed a course or training program in adjusting of losses as prescribed and approved by the commissioner and is certified to the commissioner upon completion of the course that such person has completed the course or training program, and has passed an examination testing his knowledge and qualification, as prescribed by the commissioner. Each examination for a license as an adjuster shall be as the commissioner may prescribe and shall be of sufficient scope reasonably to test the applicant’s knowledge relative to the kinds of insurance which may be dealt with under the license applied for and the duties, responsibilities and laws of this state applicable to such a licensee. The commissioner shall prepare and make available to applicants a manual or instructions specifying in general terms the subjects which may be covered in any examination for such a license.

Miss. Code Ann. § 83-17-419 License period; renewal.

The privilege license of an individual to act as an adjuster shall continue from the date of issuance for original licenses or from the expiration date for existing licenses until the last day of the month of the licensee’s birthday in the second year following issuance or renewal of the license, with a minimum term of thirteen (13) months. The privilege license of a business entity to act as an adjuster shall continue from the date of issuance until May 31, in the second year following issuance or renewal of the license, with a minimum term of thirteen (13) months. Each adjuster shall file an application for renewal of license on the form and in the manner prescribed by the commissioner for such purpose. Upon the filing of such application for renewal of license and the payment of the required fees, the current license shall continue to be in force until the renewal license is issued by the commissioner or until the commissioner has refused for cause to issue such renewal license, as provided in this article, and has given notice of such refusal in writing to the adjuster.

Miss. Code Ann. § 83-17-421 Grounds for suspension, revocation or refusal to renew license; notice; hearing; other procedures; period for which revocation precludes new application.

A license may be refused, or a license duly issued may be suspended or revoked or the renewal thereof refused by the commissioner if, after notice and hearing as hereinafter provided, he finds that the applicant for, or holder of, such license: Has wilfully violated any provision of the insurance laws of this state; or Has intentionally made a material misstatement in the application for such license; or Has obtained, or attempted to obtain, such license by fraud or misrepresentation; or Has misappropriated or converted to his own use or illegally withheld money belonging to an insurer or beneficiary; or Has otherwise demonstrated lack of trustworthiness or competence to act as an adjuster; or Has been guilty of fraudulent or dishonest practices or has been convicted of a felony; or Has materially misrepresented the terms and conditions of insurance policies or contracts; or wilfully exaggerated prospective returns on investment features of policies or fails to identify himself as an adjuster and in so doing receives a compensation for his participation in the sale of insurance; or Has made or issued, or caused to be made or issued, any statement misrepresenting or making incomplete comparisons regarding the terms or conditions of any insurance or annuity contract legally issued by any insurer, for the purpose of inducing or attempting to induce the owner of such contract to forfeit or surrender such contract or allow it to lapse for the purpose of replacing such contract with another; or Has obtained or attempted to obtain such license, not for the purpose of holding himself out to the general public as an adjuster, but primarily for the purpose of soliciting, negotiating or procuring insurance or annuity contracts covering himself or members of his family. Before any license shall be refused (except for failure to pass a required written examination) or suspended or revoked or the renewal thereof refused hereunder, the commissioner shall give notice of his intention so to do, by registered mail, to the applicant for or holder of such license and the insurer whom he represents or who desires that he be licensed, and shall set a date not less than twenty (20) days from the date of mailing such notice when the applicant or licensee and a duly authorized representative of the insurer may appear to be heard and produce evidence. Such notice shall constitute automatic suspension of license if the person involved is a licensed adjuster. In the conduct of such hearing, the commissioner or any regular salaried employee specially designated by him for such purpose shall have power to administer oaths, to require the appearance of and examine any person under oath and to require the production of books, records or papers relevant to the inquiry upon his own initiative or upon the request of the applicant or licensee. Upon the termination of such hearing, findings shall be reduced to writing and, upon approval by the commissioner, shall be filed in his office; and notice of the findings shall be sent by registered mail to the applicant or licensee and the insurer concerned. Where the grounds set out in paragraph (1)(d) or (1)(g) are the grounds for any hearing, the commissioner may, in his discretion in lieu of the hearing provided for in subsection (2) of this section, file a petition to suspend or revoke any license authorized hereunder in a court of competent jurisdiction of the county or district in which the alleged offense occurred. In such cases, subpoenas may be issued for witnesses, and mileage and witness fees paid as in other cases. All costs of such cause shall be paid by the defendant, if found guilty, and if costs cannot be made and collected from the defendant, such costs shall be assessed against the company issuing the contract involved in such cause. No licensee whose license has been revoked hereunder shall be entitled to file another application for a license as an adjuster within one (1) year from the effective date of such revocation or, if judicial review of such revocation is sought, within one (1) year from the date of final court order or decree affirming such revocation. Such application, when filed, may be refused by the commissioner unless the applicant shows good cause why the revocation of his license shall not be deemed a bar to the issuance of a new license.

Miss. Code Ann. § 83-17-423 Appeals.

Any person aggrieved by any action or decision of the Commissioner of Insurance under the provisions of this article may appeal therefrom to the Circuit Court of the First Judicial District of Hinds County in the manner provided by law. The circuit court shall have the authority and jurisdiction to hear the appeal and render its decision in regard thereto in termtime or vacation.

Miss. Code Ann. § 83-17-425 Article supplemental to other statutes.

This article is declared to be cumulative and supplemental to all other valid statutes relating to insurance agents, solicitors and adjusters.

Miss. Code Ann. § 83-17-501 Definitions.

As used in this article, unless the context otherwise requires: “Certified” means, except as used in Section 83-17-519(2), written representations addressed to the commissioner concerning the integrity, competence and qualifications of a person, in form and content satisfactory to the commissioner, or concerning other matters as the commissioner may by regulation hereafter prescribe. “Commissioner” means the Commissioner of Insurance. “Department” means the Mississippi Insurance Department. “Insurer” means any insurance company or self-insured person or entity. “Public adjuster” means any person who, for compensation or any other thing of value on behalf of the insured and subject to the prohibition provided in Section 73-3-55: Acts or aids, solely in relation to first party claims arising under insurance contracts that insure the real or personal property of the insured, on behalf of an insured in negotiating for, or effecting the settlement of, a claim for loss or damage covered by an insurance contract; Advertises for employment as a public adjuster of insurance claims or solicits business or represents himself or herself to the public as a public adjuster of first party insurance claims for losses or damages arising out of policies of insurance that insure real or personal property; or Directly or indirectly solicits business, investigates or adjusts losses, or advises an insured about first party claims for losses or damages arising out of policies of insurance that insure real or personal property for another person engaged in the business of adjusting losses or damages covered by an insurance policy, for the insured. A public adjuster shall not include an attorney at law who does not advertise or represent that he is a public adjuster.

Miss. Code Ann. § 83-17-503 Posing as public adjuster prohibited; penalties.

No person shall act as or hold himself out to be a public adjuster in this state unless he is licensed therefor by the commissioner, except that an individual, who is undergoing education and training as a public adjuster under the direction and supervision of a licensed public adjuster for a period not exceeding twelve (12) months may act as a public adjuster without having a public adjuster’s license, if at the beginning of such training period, the name of such trainee has been registered as such with the commissioner. Any person who violates the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by confinement in the county jail for not more than one (1) year, or by both such fine and confinement.

Miss. Code Ann. § 83-17-505 Application for license.

Application for a license as a public adjuster shall be made to the commissioner upon forms as prescribed and furnished by the commissioner. As a part of, or in connection with, any such application, the applicant shall furnish such information concerning his identity, personal history, experience, business record and any other pertinent facts as the commissioner may reasonably require.

Miss. Code Ann. § 83-17-507 Waiver of license requirement for public adjuster licensed in another state.

The commissioner may waive any license requirement for an applicant with a valid license from another state having license requirements substantially equivalent to those of this state.

Miss. Code Ann. § 83-17-509 Emergency licenses; conditions for issuing; fee.

In the event of a catastrophe or emergency which arises out of a disaster, Act of God, riot, civil commotion, conflagration or other similar occurrence, the commissioner, upon application, may issue an emergency license to persons who are residents or nonresidents of this state and who may or may not be otherwise licensed public adjusters. Such emergency license shall remain in force for a period not to exceed ninety (90) days, unless extended for an additional period of ninety (90) days by the commissioner. The applicant must be certified by (a) a person licensed under the provisions of this article, or by (b) such other person as may be approved by the commissioner. The licensed public adjuster or other person who certifies the applicant under the provisions of this section shall be responsible for the loss or claims practices of the emergency license holder. Within five (5) days of any applicant beginning work as a public adjuster under this section, the application and certification provided for in the preceding paragraph shall be provided to the commissioner without such public adjuster being deemed in violation of this article, provided that the commissioner, after notice and hearing, may revoke the emergency license upon the grounds as otherwise contained in this article providing for revocation of a public adjuster’s license. The fee for an emergency license shall be in an amount not to exceed Fifty Dollars ($50.00) as determined by the commissioner and shall be due and payable within thirty (30) days of the issuance of such emergency license.

Miss. Code Ann. § 83-17-511 Qualifications for license.

The commissioner shall license as a public adjuster only an individual who has otherwise complied with this article and who has furnished evidence satisfactory to the commissioner that: He is at least twenty-one (21) years of age; He is a bona fide resident of this state, or is a resident of a state which will permit residents of this state to act as public adjusters in such other state; He is a trustworthy person; He has had experience or special education or training with reference to the handling of loss claims under insurance contracts of sufficient duration and extent to make him competent to fulfill the responsibilities of a public adjuster; and He has successfully passed an examination as required by the commissioner in accordance with this article or has been exempted according to the provisions of this article.

Miss. Code Ann. § 83-17-513 Continuing education requirement; certification of programs.

The commissioner shall adopt a procedure for certifying continuing education programs for public adjusters. Every individual seeking renewal of a public adjuster license, which has been in effect for a term of eighteen (18) months or less shall satisfactorily complete twelve (12) hours of study in approved continuing education courses. Every individual seeking renewal of a public adjuster license, which has been in effect for a term of more than eighteen (18) months shall satisfactorily complete twenty-four (24) hours of study in approved continuing education courses of which three (3) hours shall have a course concentration in ethics.

Miss. Code Ann. § 83-17-515 Examination requirement; exceptions; subject matter; manual.

Each applicant for a license as a public adjuster, before the issuance of such license, shall personally take and pass, to the satisfaction of the commissioner, an examination as a test of his qualifications and competency; but the requirement of an examination shall not apply to any of the following: An applicant for the renewal of a license issued hereunder; An applicant who is licensed as a public adjuster, as defined by this article, in another state with which state a reciprocal agreement has been entered into by the commissioner; or Any person who has completed a course or training program in adjusting for losses as prescribed and approved by the commissioner and is certified to the commissioner upon completion of the course that such person has completed the course or training program, and has passed an examination testing his knowledge and qualification, as prescribed by the commissioner. Each examination for a license as a public adjuster shall be as the commissioner may prescribe and shall be of sufficient scope reasonably to test the applicant’s knowledge relative to the kinds of insurance which may be dealt with under the license applied for and the duties, responsibilities and laws of this state applicable to such a licensee. The commissioner shall prepare and make available to applicants a manual or instructions specifying in general terms the subjects which may be covered in any examination for such a license.

Miss. Code Ann. § 83-17-517 Expiration of license; renewal.

The privilege license of an individual to act as a public adjuster shall continue from the date of issuance for original licenses or from the expiration date for existing licenses until the last day of the month of the licensee’s birthday in the second year following issuance or renewal of the license, with a minimum term of thirteen (13) months. The privilege license of a business entity to act as a public adjuster shall continue from the date of issuance until May 31 in the second year following issuance or renewal of the license, with a minimum term of thirteen (13) months. Each public adjuster shall file an application for renewal of license on the form and in the manner prescribed by the commissioner for such purpose. Upon the filing of such application for renewal of license and the payment of the required fees, prior to the expiration date, the current license shall continue to be in force until the renewal license is issued by the commissioner or until the commissioner has refused for cause to issue such renewal license, as provided in this article, and has given notice of such refusal in writing to the public adjuster.

Miss. Code Ann. § 83-17-519 Grounds for suspension or revocation of license or refusal to renew; notice; hearing; filing new application after revocation of license; funding of agency expenses; deposit of monies into State General Fund.

A license may be refused, or a license duly issued may be suspended or revoked or the renewal thereof refused by the commissioner, or the commissioner may levy a civil penalty in an amount not to exceed Five Thousand Dollars ($5,000.00) per violation, or both, and any such penalty shall be deposited into the special fund of the State Treasury designated as the “Insurance Department Fund,” if, after notice and hearing as hereinafter provided, he finds that the applicant for, or holder of, such license: Has intentionally made a material misstatement in the application for such license; or Has obtained, or attempted to obtain, such license by fraud or misrepresentation; or Has misappropriated or converted to his own use or illegally withheld money belonging to another person or entity; or Has otherwise demonstrated lack of trustworthiness or competence to act as a public adjuster; or Has been guilty of fraudulent or dishonest practices or has been convicted of a felony; or Has materially misrepresented the terms and conditions of insurance policies or contracts or failed to identify himself as a public adjuster; or Has obtained or attempted to obtain such license for a purpose other than holding himself out to the general public as a public adjuster; or Has violated any insurance laws, or any regulation, subpoena or order of the commissioner or of another state’s commissioner of insurance. Before any license shall be refused (except for failure to pass a required written examination) or suspended or revoked or the renewal thereof refused hereunder, the commissioner shall give notice of his intention so to do, by certified mail, return receipt requested, to the applicant for or holder of such license, and shall set a date not less than twenty (20) days from the date of mailing such notice when the applicant or licensee may appear to be heard and produce evidence in opposition to such refusal, suspension or revocation. Such notice shall constitute automatic suspension of license if the person involved is a licensed public adjuster. In the conduct of such hearing, the commissioner or any regular salaried employee of the department specially designated by him for such purpose shall have the power to administer oaths, to require the appearance of and examine any person under oath, and to require the production of books, records or papers relevant to the inquiry upon his own initiative or upon the request of the applicant or licensee. Upon the termination of such hearing, findings shall be reduced to writing and, upon approval by the commissioner, shall be filed in his office; and notice of the findings shall be sent by certified mail, return receipt requested, to the applicant or licensee. Where the grounds set out in subsection (1)(c) or (1)(f) of this section are the grounds for any hearing, the commissioner may, in his discretion in lieu of the hearing provided for in subsection (2) of this section, file a petition requesting the court to suspend or revoke any license authorized hereunder in a court of competent jurisdiction of the county or district in which the alleged offense occurred. In such cases, subpoenas may be issued for witnesses, and mileage and witness fees paid as in other cases. All costs of such cause shall be paid by the defendant, if the finding of the court be against him. No licensee whose license has been revoked hereunder shall be entitled to file another application for a license as a public adjuster within one (1) year from the effective date of such revocation or, if judicial review of such revocation is sought, within one (1) year from the date of final court order or decree affirming such revocation. An application filed after such one-year period shall be refused by the commissioner unless the applicant shows good cause why the revocation of his license shall not be deemed a bar to the issuance of a new license. From and after July 1, 2016, the expenses of this agency shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law. From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.

Miss. Code Ann. § 83-17-521 Appeals.

Any person aggrieved by any action or decision of the commissioner under the provisions of this article may appeal therefrom to the Circuit Court of the First Judicial District of Hinds County in the manner provided by law. The circuit court shall have the authority and jurisdiction to hear the appeal and render its decision in regard thereto in termtime or vacation.

Miss. Code Ann. § 83-17-523 Written contract required; compensation; cancellation of contract; ethical requirements.

Public adjusters shall ensure that all contracts for their services are in writing, signed by the insured and the public adjuster who solicited the contract, and a copy of the contract shall be provided to the insured upon execution. All such contracts shall be subject to the following provisions: No public adjuster shall charge, agree to, or accept as compensation any payment, commission, fee or other thing of value equal to more than ten percent (10%) of any insurance settlement or the proceeds of any claim investigated. No public adjuster shall require, demand or accept any fee, retainer, compensation, deposit or other thing of value, prior to partial or full settlement of a claim. Any costs to be reimbursed to a public adjuster out of the proceeds of a settlement shall be specified by kind and estimated amounts. A public adjuster’s contract with the insured shall be revocable or cancelable by the insured without cause and without penalty or obligation for at least five (5) business days after the contract is executed by the insured. Nothing in this provision shall be construed to prevent an insured from pursuing any civil legal remedy to revoke or cancel the contract after the expiration of such cancellation period. Public adjusters shall adhere to the following ethical requirements: No public adjuster shall undertake the adjustment of any claim for which the public adjuster is not currently competent and knowledgeable as to the terms and conditions of the insurance coverage, or which otherwise exceeds the public adjuster’s current expertise. No public adjuster shall, as a public adjuster, represent any person or entity whose claim the public adjuster has previously adjusted while acting as an independent adjuster representing any insurer, either directly or through an independent adjusting firm retained by the insurer. A public adjuster shall not knowingly make any oral or written material misrepresentations or statements to any insured or potential insured which are false and intended to injure any person engaged in the business of insurance. No public adjuster shall knowingly enter into a contract to adjust a residential property claim subsequent to a declaration of total loss by an insurer, unless the services to be provided by the public adjuster can reasonably be expected to result in the insured obtaining an insurance settlement, net of the public adjuster’s compensation, in excess of the amount the insured would have obtained without the services of the public adjuster. A public adjuster shall advise each insured that the insured has the right to retain an attorney at law of his choice throughout the public adjuster’s investigation and adjustment of the claim. If the claim is not settled by the public adjuster, the public adjuster shall advise the insured that the insured has the right to retain an attorney at law of his choice. No public adjuster shall contract for, agree to, or receive anything of value from any attorney at law or other person acting in concert with any attorney at law (i) for referring claims to the attorney, or (ii) in connection with any claim for which the public adjuster has performed or intends to perform services. No public adjuster shall split any attorney’s fee with any attorney at law. A public adjuster shall not testify as an expert witness in any judicial or administrative proceeding while maintaining a pecuniary interest in the outcome of the proceeding, as otherwise permitted by Section 83-17-523(1)(a); provided, however, that a public adjuster may testify as an expert witness if pursuant to the terms of his contract his compensation is converted to a specified hourly rate, which rate (i) is subject to such limitations as may be prescribed by the commissioner, and (ii) is not subject to any contingencies. In the event of a conversion of the public adjuster’s contract to an hourly rate agreement, the prior fee arrangement shall be inadmissible at trial.

Miss. Code Ann. § 83-17-525 Article does not entitle person not licensed by Supreme Court to practice law in state.

This article shall not be construed as entitling a person who is not licensed by the Mississippi Supreme Court to practice law in this state.

Miss. Code Ann. § 83-17-527 Article cumulative and supplemental to other statutes; rules and regulations.

This article is declared to be cumulative and supplemental to all other valid statutes relating to insurance agents, solicitors, adjusters and public adjusters. The Commissioner of Insurance is directed and authorized to make such reasonable rules and regulations as may be necessary for the administration of this article, including, but not limited to, rules and regulations (a) establishing procedures for the filing and approval of contracts to be used by public adjusters and/or prescribing one or more model contracts for use by public adjusters, (b) regulating solicitations by public adjusters, and (c) establishing bonding and/or errors and omissions insurance requirements for public adjusters.