MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Insurance

By: Representative Watson

House Bill 597

AN ACT TO AMEND SECTION 83-11-101, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT UNINSURED MOTORIST COVERAGE LIMITS SHALL BE AUTOMATICALLY EQUAL TO THE LIMITS OF BODILY INJURY LIABILITY COVERAGE AND PROPERTY DAMAGE LIABILITY COVERAGE UNLESS THE INSURED SPECIFICALLY SELECTS UNINSURED MOTORIST COVERAGE OF LESSER LIMITS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 83-11-101, Mississippi Code of 1972, is amended as follows:

     83-11-101.  (1)  No automobile liability insurance policy or contract shall be issued or delivered after January 1, 1967, unless it contains an endorsement or provisions undertaking to pay the insured all sums which he shall be legally entitled to recover as damages for bodily injury or death, or would be legally entitled to recover as damages for bodily injury or death but for the immunity provided under the Mississippi Tort Claims Act, from the owner or operator of an uninsured motor vehicle, within limits which shall be no less than those set forth in the Mississippi Motor Vehicle Safety Responsibility Law, as amended, under provisions approved by the Commissioner of Insurance * * *; however, at the option of the insured, the uninsured motorist limits may be increased to limits not to exceed those provided in the policy of bodily injury liability insurance of the insured or such lesser limits as the insured elects to carry over the minimum requirement set forth by this section.  For any such policy or contract issued or delivered after July 1, 2021, the limits of the uninsured motorist coverage shall be identical to the limits of bodily injury liability coverage in the policy and shall be not less than the minimum limits of coverage required by the Mississippi Motor Vehicle Safety Responsibility Law; however, the named insured may select, in writing signed by the insured, limits of such coverage that are less than limits of bodily injury liability coverage in the policy, but not less than the minimum limits required by the Mississippi Motor Vehicle Safety Responsibility Law.  Once limits of uninsured motorist coverage less than the liability limits are selected in writing signed by the insured, the lower limits may be included in any renewal policy later issued to him or her by the same insurer unless the named insured requests additional coverage in writing.  However, whenever a new application is submitted in connection with any renewal, reinstatement or replacement transaction, the provisions of this section shall apply in the same manner as when a new policy is being issued.  The coverage herein required shall not be applicable where any insured named in the policy shall reject the coverage in writing and provided further, that unless the named insured requests such coverage in writing, such coverage need not be provided in any renewal policy, any replacement policy with the same or substantially similar terms and conditions issued by the same insurer, and any transferred policy with the same or substantially similar terms and conditions issued by a licensed affiliate of the original insurer where the named insured had rejected the coverage in connection with a policy previously issued to him by the same insurer or a licensed affiliate of the original insurer in the same holding company.

     (2)  No automobile liability insurance policy or contract shall be issued or delivered after January 1, 1980, unless it contains an endorsement or provisions undertaking to pay the insured all sums which he shall be legally entitled to recover as damages for property damage, or would be legally entitled to recover as damages for property damage but for the immunity provided under the Mississippi Tort Claims Act, from the owner or operator of an uninsured motor vehicle * * *, within limits which shall be no less than those set forth in the Mississippi Motor Vehicle Safety Responsibility Law, as amended, under provisions approved by the Commissioner of Insurance; however, at the option of the insured, the uninsured motorist limits may be increased to limits not to exceed those provided in the policy of property damage liability insurance of the insured or such lesser limits as the insured elects to carry over the minimum requirement set forth by this section.  For any such policy or contract issued or delivered after July 1, 2021, the limits of the uninsured motorist property damage coverage shall be identical to the limits provided in the policy for property damage liability coverage unless the insured specifically selects, in writing signed by the insured, lower limits of uninsured motorist property damage coverage; however, the insured may not select uninsured motorist property damage coverage limits that are less than the property damage liability limits required by the Mississippi Motor Vehicle Safety Responsibility Law.  Once the lower limits are selected in writing signed by the named insured, the lower limits may be provided in any renewal policies later issued to him or her by the same insurer unless the named insured requests higher limits in writing.  However, whenever a new application is submitted in connection with any renewal, reinstatement or replacement transaction, the provisions of this section shall apply in the same manner as when a new policy is being issued.  The coverage herein required shall not be applicable where any insured named in the policy shall reject the coverage in writing and provided further, that unless the named insured requests such coverage in writing, such coverage need not be provided in any renewal policy, any replacement policy with the same or substantially similar terms and conditions issued by the same insurer, and any transferred policy with the same or substantially similar terms and conditions issued by a licensed affiliate of the original insurer where the named insured had rejected the coverage in connection with a policy previously issued to him by the same insurer or a licensed affiliate of the original insurer in the same holding company.

     The property damage provision may provide an exclusion for the first Two Hundred Dollars ($200.00) of such property damage; however, the uninsured motorist provision need not insure any liability for property damage, for which loss the policyholder has been compensated by insurance or otherwise.

     (3)  The insured may reject the property damage liability insurance coverage required by subsection (2) and retain the bodily injury liability insurance coverage required by subsection (1), but if the insured rejects the bodily injury liability coverage he may not retain the property damage liability coverage.  No insured may have property damage liability insurance coverage under this section unless he also has bodily injury liability insurance coverage under this section.

     (4)  In the course of the sale or issuance of any automobile liability insurance policy, insurers shall inform the named insured or applicant, on a form approved by the Department of Insurance, of the benefits of and reasons for electing to purchase uninsured motorist coverage.  If the insured named in the policy wishes to reject uninsured motorist coverage, such form shall be signed by * * * or on behalf of the named insured. * * *  If this form is signed by or on behalf of the named insured, it is binding upon all persons insured by the automobile liability insurance policy and it shall be presumed that there was an informed, knowing rejection and waiver of uninsured motorist coverage.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2021.