MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Insurance
By: Representative Chism
AN ACT TO AMEND SECTION 83-11-102, MISSISSIPPI CODE OF 1972, TO REVISE THE MINIMUM NUMBER OF VEHICLES THAT MUST BE COVERED FOR AN INSURED IN AN AUTOMOBILE LIABILITY POLICY TO PURCHASE SINGLE-LIMIT, NONSTACKING UNINSURED MOTORIST INSURANCE COVERAGE COVERING ALL VEHICLES LISTED IN THE POLICY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 83-11-102, Mississippi Code of 1972, is amended as follows:
83-11-102. (1) An insured
in an automobile liability policy that covers * * * four (4) or more vehicles
may elect to purchase, and an insurer may offer, single-limit, nonstacking
uninsured motorist insurance coverage covering all vehicles listed in the
policy for a single amount of uninsured motorist coverage. The single
uninsured motorist coverage limit must be in an amount of no less than the
liability limits required under the Mississippi Motor Vehicle Safety
Responsibility Law for * * * four (4) vehicles combined. No matter how many vehicles
are listed in or covered by the policy, the policy shall provide only one (1)
single limit of uninsured motorist coverage to an injured person, or for
property damage, or both, for any one (1) accident. The single limit of
uninsured motorist coverage provided by the single-limit, nonstacking uninsured
motorist insurance coverage may, where appropriate, be aggregated with or
stacked with uninsured motorist insurance coverage available from other
policies.
(2) In the course of the
sale or issuance of single-limit, nonstacking uninsured motorist insurance
coverage, insurers shall inform the named insured or applicant, on a form
approved by the Department of Insurance, of the limitation on stacking imposed
and that such coverage is an alternative to coverage without such limitation,
and such form shall be signed by * * * the named insured or applicant.
If this form is signed by * * * a named insured or applicant, it is binding upon all
persons insured by the uninsured motorist coverage and it shall be rebuttably
presumed that there was an informed, knowing acceptance of such limitation.
When the named insured or applicant has initially accepted such limitation on
stacking, such acceptance shall apply to any policy from the same insurer,
including sister insurers in the same holding company, which renews the
coverage, extends the coverage or changes covered vehicles unless and until the
named insured requests in writing a change to stackable uninsured motorist
coverage. Endorsements to the coverage language that do not change the
uninsured motorist coverage language shall not be considered a new policy for
purposes of determining whether a new acceptance form is necessary.
SECTION 2. This act shall take effect and be in force from and after July 1, 2013.