Senate Bill 2130

(As Passed the Senate)

AN ACT TO PROHIBIT AN INSURER FROM REFUSING TO ISSUE OR REFUSING TO RENEW A HOMEOWNER'S POLICY INSURING A RESIDENTIAL STRUCTURE WITH A ROOF THAT IS LESS THAN FIFTEEN YEARS OLD SOLELY BECAUSE OF THE AGE OF THE ROOF; TO PROVIDE THAT AN INSURER SHALL NOT REFUSE TO ISSUE OR REFUSE TO RENEW A HOMEOWNER'S INSURANCE POLICY SOLELY BECAUSE OF ROOF AGE IF AN INSPECTION OF THE ROOF OF THE RESIDENTIAL STRUCTURE PERFORMED BY AN AUTHORIZED INSPECTOR INDICATES THAT THE ROOF HAS FIVE YEARS OR MORE OF USEFUL LIFE REMAINING; TO PROVIDE CERTAIN PROCEDURES RELATED TO THE ACT; TO AUTHORIZE AN INSURER TO UNDERWRITE ANY ROOF BASED UPON AGE AND OTHER FACTORS AS LONG AS IT OFFERS THE INSURED ACTUAL CASH VALUE OR DEPRECIATED CASH VALUE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this act, the term "authorized inspector" means an inspector who is approved by the insurer and who is a home inspector licensed under Section 73-60-1 et seq.

(2) An insurer shall not refuse to issue or refuse to renew a homeowner's policy insuring a residential structure with a roof that is less than fifteen (15) years old solely because of the age of the roof.

(3) For a roof that is at least fifteen (15) years old, an insurer must allow a homeowner to have a roof inspection performed by an authorized inspector at the homeowner's expense before requiring the replacement of the roof of a residential structure as a condition of issuing or renewing a homeowner's insurance policy. The insurer shall not refuse to issue or refuse to renew a homeowner's insurance policy solely because of roof age if an inspection of the roof of the residential structure performed by an authorized inspector indicates that the roof has five (5) years or more of useful life remaining.

(4) For purposes of this section, a roof's age shall be calculated using the last date on which 100 percent (100%) of the roof's surface area was built or replaced in accordance with the building code in effect at that time or the initial date of a partial roof replacement when subsequent partial roof builds or replacements were completed that resulted in 100 percent (100%) of the roof's surface area being built or replaced.

(5) An insurer may underwrite any roof based upon age and other factors as long as it offers the insured actual cash value or depreciated cash value. The Commissioner of the Department of Insurance may exempt certain areas of the state from the provisions of this act in accordance with Chapter 34 of Title 83, Mississippi Code of 1972.

(6) This act shall apply to homeowners' insurance policies issued or renewed on or after July 1, 2024.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024, and shall stand repealed on June 30, 2024.