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2017 Mississippi Code
Title 11 - Civil Practice and Procedure
Chapter 46 - Immunity of State and Political Subdivisions From Liability and Suit for Torts and Torts of Employees
§ 11-46-20. Tort Claims Board; regulation of liability coverage of governmental entities; annual review of insurance plans; other powers; fees
Universal Citation: MS Code § 11-46-20 (2017)
- (1) The Tort Claims Board shall be charged with the responsibility to regulate all liability coverage of governmental entities required to have certificates of coverage under this chapter which elect to provide the same through a public entity group or individual self-insurance program. This regulation shall be accomplished through an initial approval as provided in Section 11-46-17 and by ongoing or annual review. Each self-insurance program shall annually submit to the Tort Claims Board the following items within ninety (90) days from the end of the group year:
- (a) An audited financial statement;
- (b) An actuarial valuation;
- (c) Contracts with third-party administrators (if any);
- (d) Excess insurance policies;
- (e) A list of members and premiums due from and collected from each member; and
- (f) Other data as may be required by the Tort Claims Board.
- (2) Areas of regulation under this section shall include, but not be limited to, the following:
- (a) Financial solvency;
- (b) Rating plans, rates and rating basis;
- (c) Assessment plans of public entity groups;
- (d) Coverages offered and excluded;
- (e) Deductibles and deductible credits;
- (f) Proper purchase of excess insurance or reinsurance; and
- (g) Review of losses, reserves and expenses annually.
- (3) Individual self-insurers and group public entity self-insurers must provide the data requested for the purposes of this section in order to receive continuing approval of the Tort Claims Board and issuance of annual certificates of coverage to the governmental entities involved.
- (4) The Tort Claims Board is authorized to assess and charge appropriate fees for the costs of regulation, as determined by the board, to the individual self-insurers and group public entity self-insurers being regulated.
- (5) The Tort Claims Board is empowered to:
- (a) Issue cease and desist orders;
- (b) Require rate increases or decreases;
- (c) Require assessments of members of group public entity self-insurers in such amounts as are authorized and required by the board;
- (d) Require changes in excess insurance or reinsurance; or
- (e) Take such other actions as deemed necessary by the board to carry out the provisions of this chapter.
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