2005 Regular Session
By: Representative Formby
AN ACT TO AMEND SECTION 83-54-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE REQUIRED PAYMENT BY THE INSURER IN THE EVENT OF A LOSS UNDER A CREDITOR-PLACED INSURANCE POLICY SHALL BE REDUCED BY ANY RECOVERY FROM A THIRD PARTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 83-54-19, Mississippi Code of 1972, is amended as follows:
83-54-19. (1) In the event of a loss under the creditor-placed insurance policy, the insurer shall pay, at a minimum, the least of the following, the value of which shall be determined as of the date of loss and shall be reduced by any payments to the creditor or debtor recovered from a third party:
(a) The cost to repair the collateral, less any applicable deductible;
(b) The actual cash value of the collateral, less any applicable deductible;
(c) The net debt, less any applicable deductible; or
(d) If single interest insurance is provided, the amount by which the creditor’s interest is impaired.
(2) The net debt or actual cash value amounts in subsection (1) may be reduced by the value of salvage if the insurer does not take possession of the insured property. This does not preclude the borrower's right to retain possession of the damaged collateral, if desired.
(3) In the event of a loss, no subrogation shall run against the debtor from the insurer.
(4) Whenever a claim is made on a creditor-placed insurance policy, the insurer shall furnish to the creditor a written statement of the loss explaining the settlement amount and the method of settlement, and the creditor shall furnish this information to the debtor.
(5) A creditor or insurer may not abandon salvage to a towing or storage facility in lieu of payment of storage fees without the consent of the facility and the claimant. The insurer shall be responsible for the payment of towing and storage charges for a covered loss occurrence from the time the claim is reported to the insurer in accordance with the terms of the policy to the time the claim is paid. After the claim is paid, the debtor shall be responsible for the payment of any towing or storage charges.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.