The Mississippi Guide to Property Insurance Claims: Deadlines, Laws, and FAQs
Fact checked by Brelly Legal TeamLast updated on April 11, 2023
Mississippi has a list of laws, rules, and deadlines that are applicable to homeowner’s and commercial property insurance claims. To make it easier to understand how these laws apply to property owners and the professionals who support them, we break down what you need to know to get your Mississippi claim filed right, moving fast, and paid fully.
Mississippi Property Claim FAQs
Homeowners, businesses, and professionals will encounter all kinds of paperwork, process, and claims-related questions when confronted with the possibility of filing an insurance claim in Mississippi. Here are some of the common questions you may encounter, with answers written by experts, like experienced attorneys, adjusters, and other insurance professionals.
Making Your Claim -- Frequently Asked Questions
The first step in your property insurance claim is to notify your insurer about your losses. Not only is doing this the only way to get your claim moving, it’s one of your duties of a loss under your insurance policy.
When must I file a claim with my insurer after an event in Mississippi?
Look at your policy.
Pt. 1, Rule 34.05–which has the Outline of Coverage requirements–states that your policy’s outline must specifically include a “summary statement of the principal exclusions and limitations or reduction contained in the policy, and any other limitations or reductions.”
Mississippi Regulations Pt. 1, Rule 34.05
Regardless of how long you have, you should give notice immediately to get the ball rolling on all of your paperwork. While your claims will be governed by a three year statute of limitation under Mississippi’s catch-all provision, Mississippi Code § 15-1-49, you must act in good faith as well.
When should I file a claim with my insurer after an event in Mississippi?
At your first opportunity.
Insurers are held to a reasonable standard in Mississippi, and must send you any required forms within a reasonable time. You as the insured must also have a reasonable amount of time to fill them out.
Proving Your Loss -- Frequently Asked Questions
After you’ve notified your insurance company and started your claim, you need to prove your losses to your insurance company. Proving that your property suffered losses and that those losses are covered under your insurance policy is at the heart of an insurance claim. As a result, it’s also the most difficult stage in the claims process and where policyholders most often make mistakes. Fortunately, Mississippi laws do provide you with basic protections at this stage. Read more to understand how.
What is a “Proof of Loss?”
You will hear the term “Proof of Loss” a lot, and see it in your insurance policy. Do not be intimidated! This simply means that you must satisfactorily demonstrate to the insurance company that you sustained the loss you sustained, and the value of that loss.
There are some best practices for this — which includes filling out a “proof of loss form” and getting it notarized. This form and the act of notarizing it enables you to explain your losses “under oath,” which elevates your proof to the insurance company.
A proof of loss is a powerful tool for moving claims forward, but it’s not always necessary in Mississippi. In other words, while you should prepare a robust Proof of Loss document, the requirement can be quite thin in the long run. In some instances, that is as simple as allowing a claims adjuster or other Agent from the Insurance company on your property.
What happens after I notify my insurer of a loss? How do I get a “Proof of Loss” form?
Under Mississippi laws, your insurer must provide you the necessary proof of loss forms within a reasonable amount of time. If they fail to do so, they cannot use this against you in later disputes or suits regarding your claim.
What rights do I have as a policy holder trying to prove my loss?
Mississippi State Regulations actually lay out all of your rights in a “Policyholder Bill of Rights.”
Additionally, you as the insured shall have a reasonable time in which to submit your proof of loss documents after you receive them from your insurance company.
Getting Your Check -- Frequently Asked Questions
Getting reimbursed for your losses — it’s the reason you pay premiums. Here are answer to frequently asked questions as this last, critical stage in your insurance claim.
Must I accept the first offer my insurance gives me in Mississippi?
No.
Under Mississippi state regulations, you as the policyholder have the explicit right to reject any settlement offer you deem inadequate.
How long until I get my check after settlement?
Mississippi does not have any laws or rules governing unfair settlement practices. Rather, your recourse is governed by reasonable standards and suing for bad faith delays. You can also file a report with the Commissioner.
What is a deductible?
Under Mississippi law, a deductible is a policy provision that requires the insured to be responsible for a specific amount or percentage of a loss or the percentage of insured value on the policy and the insurer to pay covered losses in excess of that amount.
Are there any differences in procedure between a normal event and a named storm or hurricane in Mississippi?
Yes. Under Mississippi Regulations Pt. 1, Rule 41, insurers can require named storms or hurricane deductibles, with specific policies for each. Importantly, these provisions must be noted in your policy along with examples of how they work and must include a buy-back provision.
What about flood or earthquake claims?
Mississippi Regulations Pt. 5, Rule 3.05 governs policy requirements for any flood or earthquake provisions. Of note, any such provisions that exclude flood or earthquake damage must be included on your policy’s declarations page.
Mississippi Laws & Statutes That Impact Your Insurance Claim
Like most states, Mississippi has a large collection of laws applicable to the insurance claims process for homeowners. Here is a selection of relevant statutes that will help you with the process, all housed within the Mississippi Insurance Code (Title 83) and Mississippi Regulations (Title 19).
Miss. Code § 83-5-33: Insurance business practices regulated; unfair methods of competition and deceptive practices prohibited.
No person shall engage in this state in any trade practice which is defined in Sections 83-5-29 through 83-5-51 as, or determined pursuant to said sections to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.
Miss. Code § 83-5-35: Insurance business practices regulated; unfair methods of competition and unfair or deceptive acts or practices defined.
The following are hereby defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance:
(a) Misrepresentations and false advertising of policy contracts. Making, issuing, circulating, or causing to be made, issued, or circulated, any estimate, illustration, circular, or statement misrepresenting the terms of any policy issued or to be issued, or the benefits or advantages promised thereby, or the dividends or share of the surplus to be received thereon; or making any false or misleading statement as to the dividends or share of surplus previously paid on similar policies; or making any misleading representation or any misrepresentation as to the financial condition of any insurer, or as to the legal reserve system upon which any life insurer operates; or using any name or title of any policy or class of policies misrepresenting the true nature thereof; or making any misrepresentation to any policyholder insured in any company for the purpose of inducing or tending to induce such policyholder to lapse, forfeit, or surrender his insurance.
(b) False information and advertising generally. Making, publishing, disseminating, circulating, or placing before the public, or causing, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio or television station, or in any other way, an advertisement, announcement, or statement containing any assertion, representation, or statement with respect to the business of insurance, or with respect to any person in the conduct of his insurance business, which is untrue, deceptive, or misleading.
(c) Defamation. Making, publishing, disseminating, or circulating, directly or indirectly, or aiding, abetting, or encouraging the making, publishing, disseminating, or circulating of any oral or written statement or any pamphlet, circular, article, or literature which is false and maliciously critical of or derogatory to the financial condition of an insurer, and which is calculated to injure any person engaged in the business of insurance.
(d) Boycott, coercion and intimidation. Entering into any agreement to commit, or by any concerted action committing, any act of boycott, coercion, or intimidation resulting in or tending to result in unreasonable restraint of, or monopoly in, the business of insurance.
(e) False financial statements. Filing with any supervisory or other public official, or making, publishing, disseminating, circulating, or delivering to any person, or placing before the public, or causing directly or indirectly to be made, published, disseminated, circulated, delivered to any person, or placed before the public, any false statement of financial condition of an insurer, with intent to deceive.Making any false entry in any book, report, or statement of any insurer with intent to deceive any agent or examiner lawfully appointed to examine into its condition or into any of its affairs, or any public official to whom such insurer is required by law to report or file, or who has authority by law to examine into its condition or into any of its affairs, or, with like intent, willfully omitting to make a true entry of any material fact pertaining to the business of such insurer in any book, report, or statement of such insurer.
(f) Stock operations and insurance company advisory board contracts. Issuing or delivering, or permitting agents, officers, or employees to issue or deliver, agency company stock or other capital stock, or benefit certificates or shares in any corporation, or securities, or any special or any insurance company advisory board contracts or other contracts of any kind promising returns and profit as an inducement to insurance.
(g) Unfair discrimination.
(i) Making or permitting any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any contract of life insurance or of life annuity or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of such contract.
(ii) Making or permitting any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of accident or health insurance or in the benefits payable thereunder, or in any of the terms or conditions of such contract, or in any other manner whatever.
(iii) Any violation of Section 83-71-7, 83-71-57 or 83-71-107.
(h) Designation of agent, solicitor, or insurer. Requiring as a condition precedent to the purchase or the lending of money upon the security of real or personal property that any insurance covering such property or liability arising from the ownership, maintenance, or use thereof, to be procured by or on behalf of the vendee or by borrower in connection with such purchase or loan, be so procured through any particular person, agent, solicitor, or in any particular insurer.This section shall not prevent the reasonable exercise by any such vendor or lender of his right to approve or disapprove the insurer selected to underwrite the insurance, and to determine the adequacy of the insurance offered.
(i) Any violation of Sections 83-3-33 and 83-3-121, Mississippi Code of 1972.
Miss. Code § 83-5-37: Insurance business practices regulated; power of commissioner.
The commissioner shall have power to examine and investigate into the affairs of every person engaged in the business of insurance in this state in order to determine whether such person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by Section 83-5-33.
Miss. Code § 83-13-11: Conditions to be stated in full.
In all insurance against loss by fire the condition of insurance shall be stated in full, and the rules and bylaws of the company shall not be considered as a warranty or a part of the contract except so far as they are incorporated in full into the policy and are not in conflict with this chapter.
Miss. Code § 83-13-13: Proof of loss.
In case of destruction or damage of property by fire where the same is insured against fire, it shall be the duty of the insurance company or companies liable for such loss, within a reasonable time after receiving notice thereof, to furnish to the insured proper blanks upon which to make the required proof of such loss, with full directions as to what proof is required to secure the payment of the policy. If the insurance company fails to comply with this section, the failure of the insured to make proper proof of loss prior to the suit shall be no defense to a suit upon the policy, and in all cases the insured shall have a reasonable time in which to make such proof after the blanks and directions are received.
Miss. Regulations, Title 19, Pt. 1, R. 34.04. Policyholder Bill of Rights
The rights set forth below shall serve as standards to be followed by the Mississippi Department of Insurance in exercising the Department’s powers and duties, in exercising administrative discretion, in dispensing administrative interpretations of the law, and in regulating insurance companies pursuant to the Unfair and Deceptive Trade Practices Act, Miss. Code Ann. §§83-5- 29 through 83-5-51. These rights include, but are not limited to, the following:
A. Policyholders shall have the right to competitive pricing practices and marketing methods that enable them to determine the best value among comparable coverage.
B. Policyholders shall have the right to insurance advertising and other selling approaches that provide accurate and balanced information on the benefits and limitations of a policy.
C. Policyholders shall have the right to assurance that the insurance market in general and their insurance company in particular is financially stable.
D. Policyholders shall have the right to receive good service from competent, honest individuals and producers, and to have their questions addressed promptly.
E. Policyholders shall have the right to a policy in an easily readable format, to receive a complete policy, and to request a duplicate or replacement policy as needed.
F. Policyholders shall have the right to assurance that their insurance company is regulated to comply with Mississippi laws requiring economic delivery of coverage and loss prevention measures.
G. Policyholders shall have the right to balanced and positive regulation by the Mississippi Department of Insurance.
H. Policyholders shall have the right to request the license status of an insurance company or producer.
I. Policyholders shall have the right to receive in writing from their insurance company the reason for any cancellation or nonrenewal of coverage. The written statement from the insurance company must provide an adequate explanation for the cancellation or nonrenewal of coverage.
J. Policyholders shall have the right to cancel their policy and receive a refund of any unearned premium. If a policy was funded by a premium finance company, the unearned premium will be returned to the premium finance company to pay toward the policyholder’s financing loan.
K. Policyholders shall have the right to a written notification detailing any change in policy provisions relating to their coverage at renewal.
L. Policyholders shall have the right to receive a written explanation of why a claim is denied, in whole or in part.
M. Policyholders shall have the right to request and receive from the insurance company any adjuster reports, engineer reports, contractor reports, statements or documents which are not legally privileged documents that the insurance company prepared, had prepared, or used during its adjustment of the policyholder’s claim. A company may keep confidential any documents they prepare in conjunction with a fraud investigation.
N. Policyholders shall have the right to have any decision regarding the denial or nonrenewal of their policy, or the adjustment of their rates not be based solely on the basis of their credit history without consideration of other factors. If an insurance company uses credit history, it must comply with the provisions set forth in 19 Miss. Admin. Code, Part 1, Chapter 31, “Use of Credit History and Insurance Scores for Determining Rates and Eligibility for Personal Insurance”, and the Federal Fair Credit Reporting Act.
O. Policyholders shall have the right to prevent an insurance company, agent, adjuster or financial institution from disclosing their personal financial information to companies or entities that are not affiliated with the insurance company or financial institution, subject to the provisions set out in 19 Miss. Admin. Code, Part 1, Chapter 28, “Privacy of Consumer Financial and Health Information Regulation”.
P. Policyholders shall have the right to receive at least thirty (30) days’ notice of the nonrenewal of their policy pursuant to the provisions of Miss. Code Ann. § 83-5-28.
Q. Policyholders shall have the right to be treated fairly and honestly when making a claim.
R. Policyholders shall have the right to reject any settlement amount offered by the insurance company.
S. Policyholders shall have the right to file a written complaint against any insurance company or insurance producer with the Mississippi Department of Insurance, and to have that complaint investigated by the Mississippi Department of Insurance.
On or after September 1, 2009, no homeowners’ personal lines residential property coverage insurance policy shall be delivered or issued for delivery in this state, or at renewal, unless a copy of the Policyholder Bill of Rights is included with the policy.
Pt. 1, Rule 34.05: Outline of Coverage and Comprehensive Policy Checklist*
*Title 19 of Mississippi Regulations
*Title 19 of Mississippi Regulations
No homeowners personal lines residential property coverage insurance policy shall be delivered or issued for delivery in this state unless an appropriate outline of coverage and comprehensive policy checklist have been delivered to the policyholder prior to or shortly thereafter issuance of the policy under separate cover, or accompany the policy when issued. The comprehensive policy checklist shall contain a list of provisions and elements, as required by this Regulation, whether or not they are included in the particular policy being issued, in a format that allows the insurer to indicate whether the provision is included so that the policyholder can see both what is included and what is not included in the policy. The outline of coverage and comprehensive policy checklist shall also be furnished at each renewal of the policy. The outline of coverage and comprehensive policy checklist shall provide information on the policy and may, but is not required, to include coverage by endorsement.
To be in compliance with this section, an insurer may use the Outline of Coverage and Comprehensive Policy Checklist prepared by the Department and attached hereto as Rule 34.11 or the insurer may create its own Outline of Coverage and Comprehensive Policy Checklist, provided the following information is included.
A. The Outline of Coverage shall provide information on the policy and may, but is not required, to include coverage by endorsement, and shall contain, at a minimum, the information set forth below.
- A brief description of the type of coverage provided in the policy, amount of coverage, and whether the coverage is replacement cost or actual cash value (“ACV”).
- A summary statement of the principal exclusions and limitations or reductions contained in the policy, and any other limitations or reductions.
- A summary of any additional coverage provided through any rider or endorsement that accompanies the policy, amount of that coverage, and whether the coverage is replacement cost or ACV.
Any insurer electing not to use Rule 34.11, or deviating from Rule 34.11, shall file its Outline of Coverage and Comprehensive Policy Checklist with the Department for approval prior to use.
B. An insurer must insert the following language on the outline of coverage:
“The following is an outline of coverage and comprehensive policy checklist of your insurance policy and is for informational purposes only. Mississippi law prohibits this checklist from changing any of the provisions of the insurance contract which is the subject of this checklist. Any endorsement regarding changes in types of coverage, exclusions, limitations, reductions, deductibles, coinsurance, renewal provisions, cancellation provisions, surcharges, or credits is not included in this checklist, unless otherwise indicated. This checklist does not operate to expand coverage beyond the coverage provided in the policy. If there is a contradiction between this checklist and the policy, the terms of the policy govern.
Policyholders should read their policy thoroughly. Policyholders should review their insurance policy annually with their insurance producer to ensure they are adequately covered.”
C. Comprehensive Policy Checklist:
As part of the Outline of Coverage for homeowners personal lines residential property coverage insurance policies, an insurance company shall prepare a Comprehensive Policy Checklist. This comprehensive checklist shall contain a list of provisions and elements as required by this Regulation, whether or not they are included in the particular policy being issued, in a format that allows the insurer to indicate whether the provision is included so that the policyholder can see both what is included and what is not included in the policy. The comprehensive Policy checklist shall address, at a minimum, the following:
- Property coverage for the principal premises shown in the declarations;
- Property coverage for other structures on the residence premises;
- Whether the principal premises and other structures are insured against the following perils:
- Fire
- Lightening
- Explosion
- Wind and Hail
- Flood
- Earthquake
- Collapse
- Mold
- Theft;
- Personal property/contents coverage and amounts or percentage of coverage;
- Whether personal property/contents are insured against the following perils:
- Fire
- Lightening
- Explosion
- Wind and Hail
- Flood
- Earthquake
- Collapse
- Mold
- Theft; and,
- Whether the policy provides the following additional coverage;
- Debris Removal
- Loss assessment
- Additional living expenses
- Personal Liability coverage
- Medical payments coverage
- Named Windstorm Deductible
- Building ordinance or law coverage
Pt. 1, Rule 34.06: Burden of Proof*
*Title 19 of Mississippi Regulations
*Title 19 of Mississippi Regulations
As demonstrated by the ruling of the Fifth Circuit Court of Appeals in Leonard v. Nationwide, insurance companies are advised that in an all risk homeowners insurance policy an “insurer bears the burden of proving that a particular peril falls within a policy exclusion; the insurer must plead and prove the applicability of an exclusion as an affirmative defense”. Leonard v. Nationwide Mutual Ins. Co.,499 F.3d 419, 429 (5th Cir. 2007).
Pt. 1, Rule 34.07: Cause of Action*
*Title 19 of Mississippi Regulations
*Title 19 of Mississippi Regulations
No provision contained herein shall be construed as creating a civil cause of action by any individual policyholder against any individual insurer or insurance producer. This Regulation does not operate to expand coverage beyond the coverage provided by the policy.
Pt. 1, Rule 34.08: Violations and Penalties*
*Title 19 of Mississippi Regulations
*Title 19 of Mississippi Regulations
The failure of an insurance company writing homeowners personal lines residential property coverage insurance policies in this State to comply with a material provision of this Regulation shall be considered a violation of Miss. Code Ann. § 83-5-1 and §§ 83-5-29 through 83-5-51 (Rev. 2011). Violation of said statutes may subject the insurance company to the suspension or revocation of the insurer’s Certificate of Authority, the imposition of an administrative fine, or both.
Pt. 1, Rule 41.03: Definitions*
*Title 19 of Mississippi Regulations
*Title 19 of Mississippi Regulations
For the purposes of this Regulation, the following definitions shall apply:
- “Deductible” shall mean a policy provision that requires the insured to be responsible for a specific amount or percentage of a loss or the percentage of insured value on the policy and the insurer to pay covered losses in excess of that amount….
- “Homeowners’ Insurance Policies” means any personal lines residential property insurance coverage including any homeowner, dwelling, mobile home, tenant or condominium unit owner form of coverage. For the purposes of this Regulation, this shall include mobile home/manufactured home insurance coverage.
- “Hurricane” shall mean a storm system that has been declared to be a hurricane by the National Hurricane Center of the National Weather Service.
- “Hurricane Deductible” shall mean a percentage wind deductible applicable during an event which is a Hurricane.
- “Insurer” shall mean an insurance company writing homeowners’ insurance coverage in this state. For the purposes of this Regulation, the term “Insurer” does not include the Mississippi Windstorm Underwriting Association or non-admitted carriers who are doing business in this state pursuant to Section 83-21-17, et seq. (Rev. 2011).
- “Named Storm” means a storm system that has been declared a named storm by the National Hurricane Center of the National Weather Service.
- “Named Storm Deductible” shall mean a percentage wind deductible applicable during an event which is a Named Storm.
Pt. 1, Rule 41.04: Deductibles*
*Title 19 of Mississippi Regulations
*Title 19 of Mississippi Regulations
Insurers are not required to include a named storm deductible or a hurricane deductible in a homeowners’ insurance policy. However, should an insurer include a named storm deductible or a hurricane deductible in their policy filing, the insurer must comply with the provisions set forth in Miss. Code Ann. § 83-2-3; House Bill 756, 2014 Regular Session; and this Regulation.
- Named Storm Deductible – a homeowners’ insurance policy may offer a percentage deductible for the peril of wind from a named storm. If a percentage deductible is provided, the insurer shall offer a buy-back provision for that deductible as set forth in Rule 41.05 of this Regulation.
- Hurricane Deductible – a homeowners’ insurance policy may offer a percentage deductible for the peril of wind from a hurricane. If a percentage deductible is provided, the insurer shall offer a buy-back provision for that deductible as set forth in Rule 41.05 of this Regulation.
Miss. Code § 83-2-3: Standards applicable to rates; criteria for determining compliance; commissioner to establish uniform policy language regarding applicability of hurricane deductibles and form of notice under certain homeowner’s insurance policies.
(1) Rates shall comply with the following standards:
(2) In determining whether rates comply with the standards set forth in subsection (1), the following criteria shall apply:
(d) Any homeowners’ insurance policy filed with the Commissioner of Insurance that offers a percentage deductible for the peril of windstorm from a named storm shall offer a buy-back provision for that deductible which is actuarially sound; however, the Commissioner of Insurance may grant a waiver from the mandatory buy-back provision in accordance with the following procedure and criteria:
(3) To ensure the most appropriate use of state resources with respect to the engagement of actuarial services for the review of rate filings under this chapter, the commissioner may adopt rules and regulations to establish the criteria and procedures for determining when a rate filing should be submitted to an actuary for review.
Pt. 1, Rule 41.05: Buy-Back Provisions*
*Title 19 of Mississippi Regulations
*Title 19 of Mississippi Regulations
If a homeowners’ policy includes a percentage named storm deductible or a percentage hurricane deductible, the insurer shall offer a buy-back provision that is actuarially sound; however the Commissioner of Insurance may grant a waiver from the mandatory buy-back provision in accordance with the following procedure and criteria:
A. The insurer shall make a formal filing requesting a waiver from the buy-back provision requirement with the Commissioner;
B. The insurer shall submit written proof in its formal filing as to why it is in the best interest of Mississippi policyholders to receive a waiver from the buy-back provision requirement and shall provide any supporting documentation requested by the Commissioner deemed appropriate to make his decision; and,
C. All expenses incurred by the Commissioner to determine the validity of the waiver request shall be borne by the petitioning insurer.
Pt. 1, Rule 41.06: Uniform Policy Language for Named Storm Deductibles*
*Title 19 of Mississippi Regulations
*Title 19 of Mississippi Regulations
Any homeowners’ insurance policy or endorsement that includes a named storm deductible must include the following language in the policy:
A. Definition of Named Storm – the policy must define a named storm as set forth in the definition found at Rule 41.03(G) of this Regulation.
B. Period when a Named Storm Deductible Applies – the policy must state that the named storm deductible is only applicable to wind, wind gusts, hail, rain, tornado, or cyclone losses occurring during the duration of a named storm and define the duration as follows:
- Beginning at the time a named storm watch or warning is issued for any part of Mississippi by the National Hurricane Center of the National Weather Service;
2. Continuing for the time period during which the named storm conditions exist anywhere in Mississippi; and,
3. Ending twenty-four (24) hours following the termination of the last named storm watch or warning issued for any part of Mississippi by the National Hurricane Center of the National Weather Service.
C. The policy or endorsement must clearly state what Coverages under the policy are subject to the Named Storm Deductible.
D. Rule 41.13 of this Regulation, entitled “Attachment A – Named Storm Deductible Uniform Policy Language” provides the minimum language that must be included in the policy or endorsement. Any additions to this uniform language must be filed with and approved by the Department prior to use.
E. The institution and/or modification of a named storm deductible is considered a material change and is subject to the provisions of Miss. Code Ann. § 83-2-3.
F. Insurers must file their Named Storm Deductible Uniform Policy Language with the Department prior to use. Policies issued or renewals processed on or after October 1, 2014, must include approved Named Storm Deductible Uniform Policy Language.
Pt. 1, Rule 41.07: Uniform Policy Language for Hurricane Deductibles*
*Title 19 of Mississippi Regulations
*Title 19 of Mississippi Regulations
Any homeowners’ insurance policy or endorsement that includes a hurricane deductible must include the following language in the policy:
A. Definition of Hurricane – the policy must define a hurricane as set forth in the definition found at Rule 41.03(D) of this Regulation.
B. Period when the Hurricane Deductible Applies – the policy must state that the hurricane deductible is only applicable to wind, wind gusts, hail, rain, tornado, or cyclone losses occurring during the duration of a hurricane and define the duration as follows:
- Beginning at the time a hurricane watch or warning is issued for any part of Mississippi by the National Hurricane Center of the National Weather Service;
- Continuing for the time period during which the hurricane conditions exist anywhere in Mississippi; and,
- Ending twenty-four (24) hours following the termination of the last hurricane watch or hurricane warning issued for any part of Mississippi by the National Hurricane Center of the National Weather Service.
C. The policy or endorsement must clearly state what Coverages under the policy are subject to the Hurricane Deductible.
D. Rule 41.14 of this Regulation, entitled “Attachment B – Hurricane Deductible Uniform Policy Language” provides the minimum language that must be included in the policy or endorsement. Any additions to this uniform language must be filed with and approved by the Department prior to use.
E. The institution and/or modification of a hurricane deductible is considered a material change and is subject to the provisions of Miss. Code Ann. § 83-2-3.
F. Insurers must file their Hurricane Deductible Uniform Policy Language with the Department prior to use. Policies issued or renewals processed on or after October 1, 2014, must include approved Hurricane Deductible Uniform Policy Language.
Pt. 1, Rule 41.08: Notice of Named Storm Deductibles*
*Title 19 of Mississippi Regulations
*Title 19 of Mississippi Regulations
A. Insurers are required to provide clear and prominent notice of all named storm deductibles. Notices of named storm deductibles must comply with the provisions of this Regulation; Miss. Code Ann. § 83-2-3; and HB 756, 2014 Regular Session.
1. The notice shall be included in either the policy issuance and renewal package; in a separate mailing sent at the time of policy issuance or renewal; the Outline of Coverage and Comprehensive Policy Checklist; or the billing statement.
2. The notice shall clearly and fully disclose all details pertaining to all named storm deductibles in no less than 10-point type.
a.While the information provided will vary depending upon the specifics of the deductible, at a minimum the insurer must explain how the deductible will be applied and details about when the deductible applies.
b.The purpose of the notice is to inform the insured of all information necessary to make an informed decision concerning named storm deductibles in the policy.
c.Insurers are strongly encouraged to include the actual dollar amount of the percentage deductible based on the Coverage A coverage amount on the notice. If the insurer is unable to do so, the notice must specify that the actual dollar amount is included on the declarations page.
B. Insurers must offer a practical example of how the named storm deductible works.
1. The example does not have to be tailored to the insured value of the specific property but must show clearly how the deductible works in a named storm scenario.
2. The actual dollar amount of a percentage deductible based on the Coverage A coverage amount must be shown on the declarations page.
C.The provisions of this Regulation provide the minimum that must be included in the notice. Insurers may provide any other information to assist in the insured’s understanding of the deductible and its application to the insurance policy.
D. Insurers must file their Notice of a Named Storm Deductible with the Department prior to use. Policies issued or renewals processed on or after October 1, 2014, must include a Notice of Named Storm Deductible if the policy includes a named storm deductible.
Pt. 1, Rule 41.09: Notice of Hurricane Deductibles*
*Title 19 of Mississippi Regulations
*Title 19 of Mississippi Regulations
A. Insurers are required to provide clear and prominent notice of all hurricane deductibles. Notices of hurricane deductibles must comply with the provisions of this Regulation; Miss. Code Ann. § 83-2-3; and HB 756, 2014 Regular Session.
1. The notice shall be included in either the policy issuance and renewal package; in a separate mailing sent at the time of policy issuance or renewal; the Outline of Coverage and Comprehensive Policy Checklist; or the billing statement.
2. The notice shall clearly and fully disclose all details pertaining to all hurricane deductibles in no less than 10 point type.
a.While the information provided will vary depending upon the specifics of the deductible, at a minimum the insurer must explain how the deductible will be applied and details about when the deductible applies.
b.The purpose of the notice is to inform the insured of all information necessary to make an informed decision concerning the hurricane deductibles in the policy.
c.Insurers are strongly encouraged to include the actual dollar amount of the percentage deductible based on the Coverage A coverage amount on the notice. If the insurer is unable to do so, the notice must specify that the actual dollar amount is included on the declarations page.
B. Insurers must offer a practical example of how the hurricane deductible works.
- The example does not have to be tailored to the insured value of the specific property but must show clearly how the deductible works in a hurricane scenario.
- The actual dollar amount of a percentage deductible based on the Coverage A coverage amount must be shown on the declarations page.
C. The provisions of this Regulation provide the minimum that must be included in the notice. Insurers may provide any other information to assist in the insured’s understanding of the deductible and its application to the insurance policy.
D. Insurers must file their Notice of a Hurricane Deductible with the Department prior to use. Policies issued or renewals processed on or after October 1, 2014, must include a Notice of Hurricane Deductible if the policy includes a hurricane deductible.
Pt. 5, R. 3.05. Requirements*
*Title 19 of Mississippi Regulations
*Title 19 of Mississippi Regulations
A. An insurer shall, after January 1, 2007, provide at the time of issuance and thereafter at each time of renewal a notice that provides a statement that said policy contains a flood and/or earthquake exclusion. The notice shall be provided to the policyholder along with the insurance policy at the time of issuance of the policy, and thereafter shall be sent by first class mail at each time of renewal to the address of the policyholder as indicated by the records of the insurer. The notice should contain at a minimum the following language in 10-point print:
- Flood Exclusion:Your policy excludes coverage for damage caused by flooding of all types. This exclusion may exclude any and all damages resulting from storm surge from a hurricane, surface water, flash floods, waves, tidal water, tidal waves, wind driven rain or water, or any other overflow of water, and spray from any of these events. For further details, please see the language of your policy. The language of your policy will control the obligations of the parties.
- You are further advised that to be covered for such a loss, you will have to obtain a separate flood insurance policy through the National Flood Insurance Program (NFIP). Your insurance agent or company representative can provide you with information regarding obtaining flood insurance from the NFIP and whether it is available in your location. The NFIP can provide both structure and contents coverage.
3. Earthquake Exclusion: (if applicable)
B. Each insurer that writes homeowners and/or windstorm coverage in the State of Mississippi shall, by September 1, 2006, send a copy of the appropriate notice required in Section 5(A) to their residential policyholders in this State informing them of any exclusion contained within their policy.
C. Furthermore, each insurer that writes homeowners and/or windstorm coverage in the State of Mississippi shall provide a copy of the appropriate notice required in Section 5(A) at the time of the issuance of the policy to the policyholder of any new residential policy written in this state between September 1, 2006, and December 31, 2006, informing them of any exclusion contained within their policy.
Pt. 5, R. 3.06. Notice of Exclusion to be Stated on Declarations Page*
*Title 19 of Mississippi Regulations
*Title 19 of Mississippi Regulations
No later than January 1, 2007, each insurer shall clearly provide within the main Declarations Page(s) of each policy, or attached to the Declarations Page(s), a statement in 10-point print that informs the policyholder that the policy contains a flood and/or earthquake exclusion. The statement should include one or both of the following statements, whichever is applicable:
“This policy contains a flood exclusion. Flood coverage may be purchased separately from the National Flood Insurance Program, if available in your area.”
“This policy contains an earthquake exclusion. Contact your agent for information concerning the availability of earthquake coverage.”
Miss. Code § 15-1-49: Limitations applicable to actions not otherwise specifically provided for.
(1) All actions for which no other period of limitation is prescribed shall be commenced within three (3) years next after the cause of such action accrued, and not after.
(2) In actions for which no other period of limitation is prescribed and which involve latent injury or disease, the cause of action does not accrue until the plaintiff has discovered, or by reasonable diligence should have discovered, the injury.
(3) The provisions of subsection (2) of this section shall apply to all pending and subsequently filed actions.
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