Bill Text: MS HB1046 | 2018 | Regular Session | Introduced
Bill Title: Workers' Compensation Law; bring forward section regarding estoppel to deny insurance claims.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-01-30 - Died In Committee [HB1046 Detail]
Download: Mississippi-2018-HB1046-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Insurance
By: Representative Bennett
House Bill 1046
AN ACT TO BRING FORWARD SECTION 71-3-79, MISSISSIPPI CODE OF 1972, WHICH GOVERNS ESTOPPEL TO DENY INSURANCE CLAIMS IN THE WORKERS' COMPENSATION ACT, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 71-3-79, Mississippi Code of 1972, is brought forward as follows:
71-3-79. Acceptance of a premium on a policy securing to an employee compensation, either alone or in connection with other insurance, shall estop the carrier so accepting from pleading that the employment of such employee is not covered under this chapter or that the employment is not carried on for pecuniary gain.
When any member of a partnership, firm, or association who does or does not perform manual labor, and where there is coverage of fellow employees, elects to take coverage under the provisions of this chapter, the intent of the insured as well as acceptance by the carrier shall be shown by endorsement to the policy. Any such affirmative action by the parties shall entitle said members or officers to the benefits enjoyed by an employee under this chapter. Every executive officer elected or appointed and empowered in accordance with a charter and bylaws of a corporation, other than nonprofit charitable, fraternal, cultural, or religious corporations or associations, shall be an employee of such corporation under this chapter, provided that said executive officer may reject said coverage by giving notice in writing to the carrier of this election not to be covered as an employee.
Any such executive officer of a nonprofit charitable, fraternal, cultural, or religious corporation or association may, notwithstanding any other provision of this chapter, be brought within the coverage of its insurance contract by any such corporation or association by specifically including such executive officer in such contract of insurance. The election to bring such executive officer within the coverage shall continue for the period such contract of insurance is in effect, and during such period such executive officers thus brought within the coverage of the insurance contract shall be employees of such corporation or association under this chapter.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.
