MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Insurance

By: Representative Stevens

AN ACT TO AMEND SECTION 83-17-21, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT AN INSURANCE AGENT MUST BE A RESIDENT OF THIS STATE IN ORDER TO COUNTERSIGN POLICIES FOR NONRESIDENT AGENTS; TO REMOVE THE REQUIREMENT THAT COMMISSIONS BE DIVIDED BETWEEN THE NONRESIDENT AGENT AND THE LOCAL AGENT ON THE SALE OF CERTAIN POLICIES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 83-17-21, Mississippi Code of 1972, is amended as follows:

83-17-21. No fire, fire marine, accident, health, employers' liability, steam boiler, plate glass, fidelity, surety, burglary, or other insurance company except life insurance companies, not incorporated under the laws of this state authorized to transact business herein shall make, write, place, or cause to be made, written, or placed any policy, duplicate policy, or contract of insurance of any kind or character or any general or floating policy upon persons or property in this state, except after the  * * * risk has been approved, in writing, by an agent * * *, regularly commissioned and licensed to transact insurance business herein, who shall countersign all policies or contracts of insurance so issued * * *. The provisions of this section shall not apply to individual firms and corporations indemnifying themselves through reciprocal contracts, and not employing local agents. No provision of this section is intended, or shall be so intended, as to direct insurance covering the rolling stock of railroad corporations, or property in transit while in the possession and custody of railroad corporations or other common carriers. The written approval and countersignature of licensed agents may be in facsimile when used solely in connection with personal accident insurance covering travel, issued through the medium of policy dispensing machines; however, land travel insurance so issued may not be issued for a period longer than seven (7) days from the date of issue. The written approval and countersignature of licensed agents may also be in facsimile when authorization is given by the agent in writing to an insurer for which the agent is certified to do business pursuant to Section 83-17-5. The use of facsimile countersignatures shall not modify any of the other requirements of this section. Any authorization for a facsimile countersignature may be canceled by the agent in writing and is automatically canceled upon the death, termination or nonrenewal of the agent. * * *

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.