2023 Regular Session
By: Senator(s) Hill
AN ACT TO CREATE NEW SECTION 83-11-601, MISSISSIPPI CODE OF 1972, TO PROHIBIT AN INSURER FROM USING AN INSURED'S VEHICLE DATA TO DETERMINE THE RATE CHARGED BY THE INSURER TO RENEW THE INSURED'S POLICY UNLESS THE INSURED CONSENTS TO THIS USE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 83-11-601, Mississippi Code of 1972:
83-11-601. (1) As used in this section, the following terms shall have the following meanings:
(a) "Insured" means the named insured and, while resident of the same `household, the spouse of any such named insured and relatives of either, while in a motor vehicle or otherwise, and any person who uses, with the consent, expressed or implied, of the named insured, the motor vehicle to which the policy applies, and a guest in such motor vehicle to which the policy applies, or the personal representative of any of the above.
(b) "Policy" means an automobile liability, automobile physical damage, or automobile collision policy, or any combination thereof, delivered or issued for delivery in this state, insuring a single individual, or husband and wife resident of the same household, as named insured.
(c) "Renewal" or "to renew" means the issuance and delivery by an insurer of a policy providing the same or substantially similar coverage replacing at the end of the policy period a policy previously issued and delivered by the same insurer or a licensed affiliate, or the issuance and delivery of a certificate of notice extending the term of a policy beyond its policy period or term; provided, however, that any policy with a policy period or term of less than six (6) months shall for the purpose of this article be considered as if written for a policy period or term of six (6) months. Any policy written for a term longer than one (1) year or any policy with no fixed expiration date shall, for the purpose of this article, be considered as if written for successive policy periods or terms of one (1) year, and such policy may be terminated at the expiration of any annual period upon giving thirty (30) days' notice of cancellation prior to such anniversary date. Such cancellation shall not be subject to any other provisions of this article.
(d) "Vehicle data" means all system data, internal computer data or any other electronic or physical information specific to an insured's automobile, including, but not limited to, the vehicle's average driving speed, the vehicle's recorded top speed, the vehicle's engine oil life, the vehicle's average Revolutions Per Minute, the vehicle's average driving range, the
vehicle's mileage, the vehicle's battery charge status, the vehicle's fuel consumption, the vehicle's tire pressure and the vehicle's timestamped geolocations.
(2) An insurer shall not use an insured's vehicle data to determine the rate charged by the insurer to renew the insured's policy unless the insured consents to this use.
SECTION 2. This act shall take effect and be in force from and after July 1, 2023.