MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Judiciary A

By: Representative Bennett

House Bill 214

AN ACT TO PROVIDE THAT, IN ANY ACTION FOR DAMAGES BY THE POLICYHOLDER AGAINST A PROPERTY AND CASUALTY INSURER UNDER AN "ALL PERILS" COVERAGE POLICY, THE INSURER HAS THE BURDEN OF PROOF AS TO THE APPLICATION OF ANY EXCLUSION IN THE POLICY; 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, the insurer bears the burden of proving by a preponderance of the evidence that any exclusion in the policy applies to the

claim or loss at issue in the cause of action.

     (2)  The provisions of this section shall apply to any action filed on or after July 1, 2019, 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, 2019.