Senate Bill 2450

(As Sent to Governor)

AN ACT TO AMEND SECTION 83-19-1, MISSISSIPPI CODE OF 1972, TO EXPAND THE SCOPE OF INDUSTRIAL FIRE INSURANCE POLICIES TO ALLOW COVERAGE FOR LOSSES OF REAL OR PERSONAL PROPERTY FROM BURGLARY AND THEFT; TO AMEND SECTION 83-13-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE LIMIT OF RISK OF ALL INDUSTRIAL FIRE INSURANCE POLICIES SHALL NOT EXCEED $20,000.00 ON THE RISK OF REAL OR PERSONAL PROPERTY LOSS RESULTING FROM BURGLARY OR THEFT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 83-19-1, Mississippi Code of 1972, is amended as follows:

83-19-1. Insurance companies may be formed for the following classifications:

Class 1. Fire and Casualty.

(a) Fire and Allied Lines. Coverage protecting against loss to real or personal property from damage caused by the peril of fire, lightning, windstorm and hail, sprinkler and water damage, smoke, explosion, riot, riot attending strike, civil commotion, aircraft, vehicle and business interruption caused by one of the above.

(b) Industrial Fire. Limited coverage protecting against loss to real or personal property from damage caused by the peril of fire, lightning, windstorm and hail, sprinkler and water damage, smoke, explosion, riot, riot attending strike, civil commotion, aircraft, vehicle, burglary, theft and business interruption caused by one of the above.

(c) Casualty/Liability. Coverage protecting the insured against legal liability resulting from negligence, carelessness or a failure to act causing property damage or personal injury to others. Coverage may include burglary and theft.

(d) Fidelity. A bond covering an employer's loss resulting from an employee's dishonest act.

(e) Surety. A three-party agreement where the insurer agrees to pay a second party (the obligee) or make complete an obligation in response to the default, acts or omissions of a third party (the principal).

(f) Workers' Compensation. Coverage for an employer's liability for injuries, disability or death to persons in their employment, without regard to fault, as prescribed by state workers' compensation laws.

(g) Boiler and Machinery. Coverage for the failure of boilers, machinery and electrical equipment.

(h) Plate Glass. Coverage for the cost of replacement and incidental cost of building glass due to breakage or application of chemicals to glass.

(i) Aircraft. Coverage for aircraft (hull) and contents; aircraft owner's and manufacturer's liability to passengers, airports and other third parties.

(j) Inland Marine. Coverage for inland transportation exposures, property in transit, held by a bailee, scheduled, bridges and tunnels.

(k) Ocean Marine. Coverage for ocean and inland water transportation exposures; goods or cargoes; ships or hulls.

(l) Automobile Physical Damage/Automobile Liability. Coverage protecting against loss to owner's vehicle, personal injury and damage to property of others.

(m) Homeowners/Farmowners. A package policy covering real and personal property, liability and theft.

(n) Guaranty. An indemnity contract under which loss is payable upon proof of occurrence of financial loss to an insured claimant, obligee or indemnitee as a result of failure to perform a financial obligation.

(o) Mortgage Guaranty. Coverage indemnifying a lender from loss when a borrower fails to meet required mortgage payments.

(p) Title. Coverage protecting the insured against risk resulting from defective titles or invalidity or adverse claim to title.

(q) Trip Accident and Baggage. Coverage protecting the insured against risk resulting from accidental death; loss or damage to personal effects carried as baggage in connection with transportation provided by a common carrier.

(r) Legal. Coverage protecting the insured against the risk resulting from the cost of legal services.

Class 2. Life.

(a) Life. Insurance contract for the payment of endowments or annuities, or make and enter into such other contracts conditioned upon the continuance or cessation of human life.

(b) Accident and Health. Individual or group policy or contract of insurance against loss resulting from sickness or bodily injury, including dental care expenses resulting from sickness or bodily injury, or death by accident, or accidental means, or both.

(c) Credit Life, Credit Accident and Health. Insurance on the life of a debtor in connection with a specific loan or other credit transactions; insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is disabled as defined in the policy.

(d) Industrial Life, Industrial Accident and Health. Limited insurance coverage protecting the insured in case of death, bodily injury or disability.

(e) Variable Contracts. Contract which provides for variable life insurance or annuity benefits which may vary according to the investment experience of any separate account or accounts maintained by the insurer as to such contract.

(f) Life (Burial). A limited life contract for payment of the burial expenses of the insured.

Class 3. Fraternal.

(a) Fraternal. Coverage for the mutual benefit of fraternal members and their beneficiaries and not for profit or which limits its membership to a secret fraternity having a lodge system and representative form of government. Benefits may be paid in case of death, disability, funeral expenses, monuments or tombstones.

(b) Larger Fraternal. Coverage for the mutual benefit of larger fraternal members and their beneficiaries and not for profit or which limits its membership to a secret fraternity having a lodge system and representative form of government. Benefits may be paid in case of death, endowment, annuity, temporary or permanent disability; hospital, medical or nursing; funeral, monument or tombstone and such other benefits as authorized for life insurers. For purposes of this paragraph (b), "larger fraternal" means those fraternal societies that have more than Thirty Thousand Dollars ($30,000.00) in total annual written premiums.

Class 4. Burial. Insurance coverage protecting the insured against the risk resulting from the cost of burial expenses.

Class 5. Home Warranty. A contract or agreement, designated as a service contract, maintenance agreement, extended warranty or any similar term, whereby a person for a specified period of time indemnifies the warranty holder for a predetermined fee against the cost of repair or replacement.

SECTION 2. Section 83-13-17, Mississippi Code of 1972, is amended as follows:

83-13-17. (1) Industrial fire insurance policies are defined as policies issued by companies which write fire insurance through weekly premium agents operating on the debit agency system and which meet the other requirements of this section. Any such policy with limits in excess of Fifteen Hundred Dollars ($1500.00) may be written by such weekly premium agents operating on a debit system or by any agent qualified and licensed to write fire insurance in the State of Mississippi, and in the case of policies over Fifteen Hundred Dollars ($1500.00) written by agents other than weekly premium agents operating on a debit system, premiums may be collected as much as six (6) months in advance on the basis of filings made and approved by the Commissioner of Insurance as otherwise provided in this title. On all other industrial fire policies in the State of Mississippi, carriers and agents shall not collect premiums for more than four (4) months in advance.

The limit of risk of all industrial fire insurance policies issued as such in the State of Mississippi shall not exceed Forty Thousand Dollars ($40,000.00) on any one (1) dwelling risk of fire and allied lines, nor Twenty Thousand Dollars ($20,000.00) on the contents risk of fire and allied lines on any one (1) dwelling, nor Twenty Thousand Dollars ($20,000.00) on the risk of real or personal property loss resulting from burglary or theft.

(2) The Commissioner of Insurance shall generally supervise and regulate the operation of industrial fire insurance and allied lines.

SECTION 3. This act shall take effect and be in force from and after July 1, 2004.