Bill Text: MS HB447 | 2017 | Regular Session | Comm Sub
Bill Title: Surplus lines insurance; revise process and requirements before placing coverage with a producer.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-03-13 - Approved by Governor [HB447 Detail]
Download: Mississippi-2017-HB447-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Insurance
By: Representative Chism
House Bill 447
(COMMITTEE SUBSTITUTE)
AN ACT TO AMEND SECTIONS 83-21-19 AND 83-21-23, MISSISSIPPI CODE OF 1972, TO PERMIT PLACEMENT OF INSURANCE WITH A SURPLUS LINES INSURER WITHOUT REGARD TO THE AVAILABILITY OF AUTHORIZED INSURANCE; TO REQUIRE AN INFORMATIONAL NOTICE BE PROVIDED BY THE SURPLUS LINES INSURANCE PRODUCER TO THE INSURED REGARDING PLACEMENT OF PERSONAL LINES POLICIES WITH SURPLUS LINES INSURERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 83-21-19, Mississippi Code of 1972, is amended as follows:
83-21-19. (1) Surplus lines insurance may be placed by a surplus lines insurance producer if:
(a) Each insurer is an
eligible surplus lines insurer; * * *
(b) Each insurer is authorized to write the line of insurance in its domiciliary jurisdiction; and
* * *
( * * *c) All other requirements as set forth
by law are met.
(2) The Commissioner of
Insurance, upon the biennial payment of a fee of One Hundred Dollars ($100.00)
and submission of a completed license application on a form approved by the
commissioner, may issue a surplus lines insurance producer license to a
qualified holder of an insurance producer license with a property, casualty
and/or personal lines line of authority, who is regularly commissioned to
represent * * * a fire and casualty insurance * * * company licensed to do business
in the state.
(3) The privilege license shall continue from the date of issuance 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 twelve (12) months.
(4) A nonresident person shall receive a surplus lines insurance producer license if:
(a) The person is currently licensed as a surplus lines insurance producer or equivalent and in good standing in his or her home state;
(b) The person has submitted the proper request for licensure and has paid the biennial fee of One Hundred Dollars ($100.00); and
(c) The person's home state awards nonresident surplus lines licenses to residents of this state on the same basis.
* * *
( * * *5) The commissioner may verify a
person's licensing status through the National Producer Database maintained by
the National Association of Insurance Commissioners, its affiliates or
subsidiaries.
( * * *6) A nonresident surplus lines
insurance producer licensee who moves from one (1) state to another state, or a
resident surplus lines licensee 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.
( * * *7) The commissioner may deny, suspend,
revoke or refuse the license of a surplus lines insurance producer licensee
and/or levy a civil penalty in an amount not to exceed Two Thousand Five
Hundred Dollars ($2,500.00) per violation, after notice and hearing as provided
hereunder, for one or more of the following grounds:
(a) Providing incorrect, misleading, incomplete or materially untrue information in the license application;
(b) Violating any insurance laws, or violating any regulation, subpoena or order of the commissioner or of another state's commissioner;
(c) Obtaining or attempting to obtain a license through misrepresentation or fraud;
(d) Improperly withholding, misappropriating or converting any monies or properties received in the course of doing the business of insurance;
(e) Intentionally misrepresenting the terms of an actual or proposed insurance contract or application for insurance;
(f) Having been convicted of a felony;
(g) Having admitted or been found to have committed any insurance unfair trade practice or fraud;
(h) Using fraudulent, coercive or dishonest practices or demonstrating incompetence, untrustworthiness or financial irresponsibility in the conduct of business in this state or elsewhere;
(i) Having an insurance producer license, or its equivalent, denied, suspended or revoked in any other state, province, district or territory;
(j) Forging another's name to an application for insurance or to any document related to an insurance transaction;
(k) Improperly using notes or any other reference material to complete an examination for an insurance license;
(l) Knowingly accepting insurance business from an individual who is not licensed;
(m) Failing to comply with an administrative or court order imposing a child support obligation; or
(n) Failing to pay state income tax or comply with any administrative or court order directing payment of state income tax.
( * * *8) If the action by the commissioner
is to nonrenew, suspend, revoke 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.
( * * *9) Every surplus lines insurance
contract procured and delivered according to Sections 83-21-17 through 83-21-31
shall have stamped upon it in bold ten-point type, and bear the name of the
surplus lines insurance producer who procured it, the following: "NOTE:
This insurance policy is issued pursuant to Mississippi law covering surplus
lines insurance. The company issuing the policy is not licensed by the State
of Mississippi, but is authorized to do business in Mississippi as a
nonadmitted company. The policy is not protected by the Mississippi Insurance
Guaranty Association in the event of the insurer's insolvency." No
diminution of the license fee herein provided shall occur as to any license
effective after January 1 of any year.
SECTION 2. Section 83-21-23, Mississippi Code of 1972, is amended as follows:
83-21-23. (1) When any
policy of personal lines insurance * * * is procured under
the authority of such license, * * * the surplus lines
insurance producer * * * shall furnish to the
insured at the time of policy deliverance an informational notice as
promulgated by the commissioner. * * *
The informational notice shall address the following:
(a) The insurance procured may or may not be available from the admitted market that may provide greater protection with more regulatory oversight;
(b) In the event of an insolvency of the surplus lines insurer, losses shall not be paid by the Mississippi Insurance Guaranty Association;
(c) The coverage has been procured through a duly licensed nonadmitted insurance producer; and
(d) Any other information the commissioner believes should be disclosed to the insured.
(2) The Commissioner of Insurance may promulgate rules and regulations and establish appropriate fees for the implementation of Sections 83-21-17 through 83-21-31.
* * *
SECTION 3. This act shall take effect and be in force from and after July 1, 2017.