2020 Mississippi Code
Title 83 - Insurance
Chapter 11 - Automobile Insurance
Article 1 - Cancellation or Nonrenewal of Policy
§ 83-11-7. Non-renewal
No insurer shall fail to renew a policy unless it shall mail or deliver to the named insured, at the address shown in the policy and to the named creditor loss payee, at least thirty (30) days' advance notice of its intention not to renew. This section shall not apply if there is no named creditor loss payee and:
If the insurer has manifested its willingness to renew, subject to certain specified conditions which are not met by the insured; nor
If the insured has manifested its unwillingness to renew; nor
In case of nonpayment of premium; nor
In case of failure to make timely payment of dues to, or to maintain membership in good standing with, a designated association, corporation or other organization where the original issue of such policy or renewal was dependent upon such membership; provided that, notwithstanding the failure of an insurer to comply with this section, the policy shall terminate on the effective date of any other insurance policy with respect to any automobile designated in both policies.
A notice of nonrenewal is not required when a replacementpolicy form is issued by the same insurer or when an insured is transferredto a licensed affiliate of the insurer, so long as the transfer orreplacement results in the same or substantially similar coverage.Whenever a replacement policy form is issued by the same insurer,or when transfer of an insured to a licensed affiliate occurs documentssigned by the insured are applicable to the replacement policy form,the coverage transferred to a licensed affiliate insurer, or both,and remain valid and enforceable.
Whenever a replacement policy form providing the sameor substantially similar coverage is issued by the same insurer, orby a licensed affiliate insurer, such insurer shall mail or deliverto the policyholder, at least thirty (30) days in advance of the effectivedate of renewal, written notice of any terms or conditions that areless favorable to the policyholder.
A transferring insurer shall notify the MississippiInsurance Department at least forty-five (45) days in advance of notifyinga policyholder that its personal or commercial lines insurance policieswill be transferred to another licensed insurer within the same insurancegroup or same holding company. The notice shall include the name ofinsurer transferring the personal or commercial lines policies andthe name and financial rating of the insurer receiving the transferredpersonal or commercial lines policies.
A transferring insurer shall provide the policyholderwritten notice of the policy transfer at least thirty (30) days priorto expiration of the policy term and shall include the financial ratingof the insurer receiving the transferred policy. Such notice mustbe provided to the policyholder with the notice of renewal premiumat least thirty (30) days before the effective date of the transfer.
Renewal of apolicy shall not constitute a waiver or estoppel with respect to groundsfor cancellation which existed before the effective date of such renewal,and if a policy shall be cancelled as authorized by this article priorto such policy's renewal, such cancellation shall terminateany right of renewal conferred by this article.
