MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Insurance

By: Representatives Baria, Broomfield

House Bill 1041

AN ACT TO PROVIDE THAT, WHENEVER A LOSS UNDER A HOMEOWNERS INSURANCE POLICY IS CAUSED BY A COMBINATION OF A COVERED RISK AND AN EXCLUDED RISK, AN INSURER SHALL BE LIABLE IF THE COVERED RISK WAS THE EFFICIENT PROXIMATE CAUSE OF THE LOSS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Whenever a loss under a homeowners insurance policy is caused by a combination of a covered risk and an excluded risk, an insurer shall be liable if the covered risk was the efficient proximate cause of the loss.  For purposes of this section, the term "homeowners insurance policy" means a policy providing homeowners personal lines residential insurance property coverage, including renters/tenants insurance and mobile home/manufactured housing property coverage. 

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2012.