MCA Chapter 3

in effect

Miss. Code Ann. § 83-3-1 Repealed.

Repealed by Laws, 1987, ch. 422, § 30, eff from and after January 15, 1988. [Codes, 1930, § 5302; 1942, § 5816; Laws, 1924, ch. 188; Laws, 1935, Ex. ch 34; Laws, 1966, ch. 445, § 13; Laws, 1977, ch. 303; Laws, 1978, ch. 520, § 15; reenacted and amended, Laws, 1982, ch. 487, § 1]

Miss. Code Ann. § 83-3-2 Meaning of “Insurance Commission.”

Any reference to Insurance Commission in Title 83 shall mean the Commissioner of Insurance.

Miss. Code Ann. § 83-3-3 Repealed.

Repealed by Laws of 1987, ch. 422, § 30, eff from and after January 1, 1988. [Codes, 1930, § 5302; 1942, § 5816; Laws, 1924, ch. 188; Laws, 1935, Ex. ch. 34; Laws, 1966, ch. 445, § 13; reenacted without change, Laws, 1982, ch. 487, § 2]

Miss. Code Ann. § 83-3-5 Rating bureau.

All fire insurance companies organized or admitted to do business in this state shall maintain a Rating Bureau, to be composed of such number of persons resident in this state as shall be desired and who shall be skilled in the business of fire insurance rating, fire hazard, fire protection engineering, and fire insurance inspection. Said Rating Bureau may be chartered or operated as a corporation, or association, or limited partnership, and shall provide for such officers, board of directors, and bylaws as it may deem proper, and change or alter the same from time to time as may be necessary. The Rating Bureau shall maintain an office in the Jackson metropolitan area; and all of the correspondence, files, papers, and documents of such Rating Bureau shall be preserved by said bureau, and shall be opened at all times to the inspection and examination of any insured or any person interested.

Miss. Code Ann. § 83-3-7 Members of bureau.

Each fire insurance company licensed to do business in this state shall become a member of the Rating Bureau and shall pay its proportion of the expenses of organization, maintenance, and operation of said bureau, as provided in Section 83-3-9.

Miss. Code Ann. § 83-3-9 Expense of bureau paid by companies.

The expense of the organization, maintenance, and operation of the Rating Bureau shall be paid by the members of the bureau, and no part of said expense shall in any event be paid by the state or by any county or municipality. The expense not covered by user fees shall be shared by all members through an annual assessment as established by the board of directors with due consideration given to the extent of utilization of bureau services. Upon failure of any company to pay its lawful proportion of said expense within thirty (30) days after the same is due and payable, the Rating Bureau may refuse to furnish its service to such delinquent member, and shall report such delinquency to the Commissioner of Insurance, who for such delinquency may suspend or revoke the license of such delinquent company. The bureau shall establish equitable fees for its services sufficient to cover the operations required under Section 83-2-1 et seq.

Miss. Code Ann. § 83-3-11 Funds provided by assessment against companies.

It shall be the duty of the Rating Bureau to provide a fund sufficient to enable it to inspect every risk specifically rated, to make a written survey of such risks, to pay the salary or expense of its officers and employees, and to cover any other expense which may be necessary or proper to enable it to comply with and enforce the provisions of this article. All of the expense fund shall be provided and paid by the fire insurance companies doing business in this state.

Miss. Code Ann. § 83-3-13 Bureau to inspect every risk rated.

The Rating Bureau, through its members and employees, shall inspect every risk specifically rated by it on schedule, and make a written survey of such risk, which shall be filed as a permanent record in such Rating Bureau. A copy of such survey shall be furnished to the owner, other person in interest, or the Commissioner of Insurance upon request.

Miss. Code Ann. § 83-3-15 Repealed.

Repealed by Laws of 1987, ch. 422, § 30, eff from and after January 1, 1988. [Codes, 1930, § 5305; 1942, § 5819; Laws, 1924, ch. 188; reenacted without change, Laws, 1982, ch. 487, § 8]

Miss. Code Ann. § 83-3-17 Bureau not to make agreement for placing insurance.

The rating bureau, or any of its officers, shall not make any contract or agreement, express or implied, with any person, insurer, or party insured, that the whole, or any part, of the insurance shall be written or placed with any particular insurer.

Miss. Code Ann. § 83-3-19 Rating Bureau to furnish information to Commissioner of Insurance.

The Rating Bureau is required to answer any inquiries that may be made by the Commissioner of Insurance touching its organization, maintenance, operation, or any other matter connected with its transactions; and said commissioner may require the filing of such other information as the commissioner may deem proper. It shall be the duty of such bureau to promptly make reply to such inquiries, in writing, and to furnish the information requested by the Commissioner of Insurance.

Miss. Code Ann. § 83-3-21 Examination of Rating Bureau; reports.

The Commissioner of Insurance shall have the power to examine the Rating Bureau as often as he deems expedient, at the expense of the bureau. The commissioner shall report his findings in writing, which shall be filed in his office and made a part of the annual report of his office; and a copy thereof shall be filed with the Attorney General for the information of the legal department of the state.

Miss. Code Ann. § 83-3-23 Bureau not to discriminate in rates.

The Rating Bureau shall not recommend any rate for insurance upon property in this state which discriminates unfairly in the same territorial classification between risks in the application of like charges and credits, or which discriminates unfairly between risks of essentially the same hazard and having substantially the same degree of protection against fire.

Miss. Code Ann. § 83-3-24 Factors to be considered when rating fire district, grading fire departments and awarding credits considered in determining overall fire rating based on condition of certain fire equipment.

When rating a municipality or fire district, including evaluations of rural or volunteer fire departments, the Rating Bureau shall consider the mileage, condition and maintenance of the fire trucks rather than the age of the fire trucks. For the purpose of grading municipalities or fire districts, including rural and volunteer fire departments, and awarding credits that are considered in determining an overall fire rating based upon the condition of their fire trucks, the Rating Bureau shall publish guidelines for use in the grading of fire trucks not later than January 30 of the calendar year during which the Rating Bureau will apply the guidelines. These guidelines shall be published and made available to each municipality and fire district, including rural and volunteer fire departments, on the Rating Bureau’s website not later than January 30 of the calendar year during which the Rating Bureau will apply the guidelines. If a fire truck in a municipality or fire district, including rural and volunteer fire departments, satisfies the guidelines, then the Rating Bureau shall not recommend the replacement of the fire truck before the next grading process. For the purpose of grading fire departments, the alternative water supply standard shall be two hundred fifty (250) gallons per minute for a sustained period of one (1) hour.

Miss. Code Ann. § 83-3-25 Repealed.

Repealed by Laws 1987, ch. 422, § 30, eff from and after January 1, 1988. § 83-3-25 . [Codes, 1930, § 5310; 1942, § 5824; Laws, 1924, ch. 188; reenacted without change, Laws, 1982, ch. 487, § 13] § 83-3-27 . [Codes, 1930, § 5311; 1942, § 5825; Laws, 1924, ch. 188; Laws, 1938, ch. 196; Laws, 1962, ch. 471; reenacted without change, Laws, 1982, ch. 487, § 14] § 83-3-29 . [Codes, 1930, § 5311; 1942, § 5825; Laws, 1924, ch. 188; Laws, 1938, ch. 196; Laws, 1962, ch. 471; reenacted without change, Laws, 1982, ch. 487, § 15] § 83-3-31 . [Codes, 1930, § 5313; 1942, § 5827; Laws, 1924, ch. 188; Laws, 1962, ch. 472; reenacted without change, Laws, 1982, ch. 487, § 16] § 83-3-33 . [Codes, 1930, § 5319; 1942, § 5833; Laws, 1924, ch. 188; reenacted without change, Laws, 1982, ch. 487, § 17] § 83-3-35 . [Codes, 1930, § 5315; 1942, § 5829; Laws, 1924, ch. 188; reenacted without change, Laws, 1982, ch. 487, § 18] § 83-3-37 . [Codes, 1930, § 5316; 1942, § 5830; Laws, 1924, ch. 188; reenacted without change, Laws 1982, ch. 487, § 19] § 83-3-39 . [Codes, 1930, § 5317; 1942, § 5831; Laws, 1924, ch. 188; reenacted without change, Laws, 1982, ch. 487, § 20] § 83-3-41 . [Codes, 1930, § 5320; 1942, § 5834; Laws, 1924, ch. 188; Laws, 1946, ch. 354, § 1; reenacted without change, Laws, 1982, ch. 487, § 21] Editor’s Notes — Former § 83-3-25 provided that the insurance commission was to hear discrimination complaints. Former § 83-3-27 required insurers to submit statistical reports. Former § 83-3-29 required the adjustment of rates if profits or losses were excessive. Former § 83-3-31 permitted insurers to file an application for uniform percentage deviation from class rates. Former § 83-3-33 authorized the revocation of a fire insurance company’s license to do business for allowing forbidden inducements. Former § 83-3-35 permitted appeals by certiorari to chancery courts. Former § 83-3-37 provided for penalties for violations of provisions of Chapter 1 of Title 83. Former § 83-3-39 provided that the provisions of Chapter 1 of Title 83 were not applicable to railroad corporations or other common carriers. Former § 83-3-41 provided that Chapter 1 of Title 83 was not applicable to any mutual insurance company or reciprocal or inter-insurance exchange.

Miss. Code Ann. § 83-3-101 Repealed.

Repealed by Laws, 1987, ch. 422, § 31, eff from and after January 1, 1988. § 83-3-101 . [Codes, 1942, § 5834-01; Laws, 1946, ch. 356, § 1; Laws, 1948, ch. 351, § 1; reenacted without change, Laws, 1982, ch. 487, § 22] § 83-3-103 . [Codes, 1942, § 5834-01; Laws, 1946, ch. 356, § 1; Laws, 1948, ch. 351, § 1; reenacted without change, Laws, 1982, ch. 487, § 23] § 83-3-105 . [Codes, 1942, § 5834-02; Laws, 1946, ch. 356, § 2; reenacted without change, Laws, 1982, ch. 487, § 24] § 83-3-107 . [Codes, 1942, § 5834-03; Laws, 1946, ch. 356, § 3; reenacted without change, Laws, 1982, ch. 487, § 25] § 83-3-109 . [Codes, 1942, § 5834-04; Laws, 1946, ch. 356, § 4; reenacted without change, Laws, 1982, ch. 487, § 26] § 83-3-111 . [Codes, 1942, § 5834-05; Laws, 1946, ch. 356, § 5; Laws, 1962, ch. 468; Laws, 1971, ch. 392, § 1; Laws, 1979, ch. 416, § 1; Laws, 1978, ch. 424, § 1; Laws, 1980, ch. 376; reenacted, Laws, 1982, ch. 487, § 27] § 83-3-113 . [Codes, 1942, § 5834-06; Laws, 1946, ch. 356, § 6; reenacted without change, Laws, 1982, ch. 487, § 28] § 83-3-115 . [Codes, 1942, § 5834-07; Laws, 1946, ch. 356, § 7; reenacted without change, Laws, 1982, ch. 487, § 29] § 83-3-117 . [Codes, 1942, § 5834-07; Laws, 1946, ch. 356, § 7; reenacted without change, Laws, 1982, ch. 487, § 30] § 83-3-119 . [Codes, 1942, § 5834-08; Laws, 1946, ch. 356, § 8; reenacted without change, Laws, 1982, ch. 487, § 31] Editor’s Notes — Former § 83-3-101 stipulated the purpose of Article 1 of Chapter 3 of Title 83. Former § 83-3-103 contained definitions applicable to casualty insurance. Former § 83-3-105 provided for making of casualty insurance rates. Former § 83-3-107 pertained to filing of rates and rating information. Former § 83-3-109 provided for rating organizations. Former § 83-3-111 established the insurance commission fund. Former § 83-3-113 authorized a rating organization to file application to deviate from established rates. Former § 83-3-115 pertained to recording and reporting loss and expense experiences. Former § 83-3-117 authorized the insurance commission to promulgate rules and regulations. Former § 83-3-119 prohibited the dissemination of false or misleading information.

Miss. Code Ann. § 83-3-121 Rebates prohibited.

No insurance company, or employee thereof, and no broker or agent shall knowingly charge, demand, or receive a premium for any policy of insurance except in accordance with the applicable filing approved in the manner herein provided. No such insurer or employee or agent thereof shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insurance or after insurance has been affected, any rebate, discount, abatement, credit, or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever, not specified in the policy of insurance. No insured named in a policy of insurance nor any employee of such insured shall knowingly receive or accept, directly or indirectly, any such rebate, discount, abatement, or reduction of premium, or any special favor or advantage or valuable consideration or inducement. Nothing herein contained shall be construed as prohibiting the payment of commissions or other compensation to duly licensed agents, nor as prohibiting any participating insurer from distributing to its policyholders dividends, savings, or the unused or unabsorbed portion of premiums or premium deposits nor as prohibiting any duly licensed agent from advancing an insurance premium for the insured with or without interest thereon subject to the rules and regulations of the Mississippi Department of Insurance.

Miss. Code Ann. § 83-3-123 Repealed.

Repealed by Laws, 1987, ch. 422, § 31, eff from and after January 1, 1988. § 83-3-123 . [Codes, 1942, § 5834-10; Laws, 1946, ch. 356, § 10; reenacted without change, Laws, 1982, ch. 487, § 33] § 83-3-125 . [Codes, 1942, § 5834-10; Laws, 1946, ch. 356, § 10; reenacted without change, Laws, 1982, ch. 487, § 34] § 83-3-127 . [Codes, 1942, § 5834-11; Laws, 1946, ch. 356, § 11; reenacted without change, Laws, 1982, ch. 487, § 35] § 83-3-129 . [Codes, 1942, § 5834-13; Laws, 1946, ch. 356, § 13; reenacted without change, Laws, 1982, ch. 487, § 36] Editor’s Notes — Former § 83-3-123 authorized the insurance commission to conduct hearings on grievances. Former § 83-3-125 authorized appeals from final decisions or orders of the insurance commission. Former § 83-3-127 provided for penalties for violations of Article 3 of Chapter 3 of Title 83. Former § 83-3-129 excepted existing insurance contracts from the provisions of Article 3 of Chapter 3 of Title 83.

Miss. Code Ann. § 83-3-201 Repealed.

Repealed by Laws 1987, ch. 422, § 32, eff from and after January 1, 1988. [§ 83-3-201 through § 83-3-207 . 5649-21; Laws, 1958, ch. 444, §§ 1-4; reenacted without change, Laws, 1982, ch. 487, §§ 37-40]

Miss. Code Ann. § 83-3-301 Repealed.

Repealed by Laws 1998, ch. 456, § 13, eff from and after July 1, 1998. [Laws, 1979, ch. 301, § 46; Laws, 1982, ch. 487, § 41; Laws, 1990, ch. 575, § 1; Laws, 1991, ch. 317, § 13, eff from and after July 1, 1991]