House Bill 1043

AN ACT TO PROVIDE THAT, IN ANY ACTION FOR DAMAGES BY THE POLICYHOLDER AGAINST AN INSURER UNDER A HOMEOWNER'S POLICY, THE INSURER HAS THE BURDEN OF PROOF AS TO THE APPLICATION OF ANY EXCLUSION IN THE POLICY AND ANY EXCEPTION TO OR OTHER AVOIDANCE OF COVERAGE BY THE INSURER; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) In any civil action against a property and casualty insurer by the policyholder under an insurance policy purporting to provide "all perils" coverage that alleges the failure of the insurer to pay a lawful claim made under the policy, including any damages related to the failure to pay, the insurer at all times bears the burden of proving by a preponderance of the evidence that any exclusion in the policy, and any exception to or other avoidance of coverage by the insurer, applies to the cause of action.

(2) The provisions of this section shall apply to any action filed on or after July 1, 2012, without regard to the date that the cause of such action may have accrued.

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