Bill Text: MS HB1278 | 2024 | Regular Session | Introduced
Bill Title: Motor vehicle liability policy; require to cover certain newly licensed persons for 60 days.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [HB1278 Detail]
Download: Mississippi-2024-HB1278-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Insurance
By: Representative Hobgood-Wilkes
House Bill 1278
AN ACT TO AMEND SECTION 63-15-43, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY MOTOR VEHICLE LIABILITY POLICY SHALL PROVIDE COVERAGE FOR SIXTY DAYS FOR A PERSON WHO IS A MEMBER OF AN INSURED'S FAMILY OR HOUSEHOLD AFTER THAT PERSON BECOMES A LICENSED DRIVER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-15-43, Mississippi Code of 1972, is amended as follows:
63-15-43. (1) A "motor vehicle liability policy" as said term is used in this chapter shall mean an owner's or an operator's motor vehicle liability policy, that has been certified as provided in Section 63-15-39 or Section 63-15-41, as proof of financial responsibility, and issued, except as otherwise provided in Section 63-15-41, by an insurance company duly authorized to write motor vehicle liability insurance in this state, to or for the benefit of the person named therein as insured.
(2) Such owner's motor vehicle liability policy:
(a) May be any motor vehicle liability policy form that has been filed with and approved by the Commissioner of Insurance and may contain exclusions and limitations on coverage as long as the exclusions and limitations language has been filed with and approved by the Commissioner of Insurance.
(b) Shall have limits of liability no less than: Twenty-five Thousand Dollars ($25,000.00) because of bodily injury to or death of one (1) person in any one (1) accident and, subject to said limit for one (1) person, Fifty Thousand Dollars ($50,000.00) because of bodily injury to or death of two (2) or more persons in any one (1) accident, and Twenty-five Thousand Dollars ($25,000.00) because of injury to or destruction of property of others in any one (1) accident.
(3) Every motor vehicle liability policy certified under the provisions of this chapter shall be subject to the following provisions which need not be contained therein:
(a) The liability of the insurance company with respect to the insurance required by this chapter shall become absolute whenever injury or damage covered by said motor vehicle liability policy occurs; said policy may not be cancelled or annulled as to such liability by any agreement between the insurance company and the insured after the occurrence of the injury or damage; no statement made by the insured or on his behalf and no violation of said policy shall defeat or void said policy;
(b) The satisfaction by the insured of a judgment for such injury or damage shall not be a condition precedent to the right or duty of the insurance company to make payment on account of such injury or damage;
(c) The insurance company shall have the right to settle any claim covered by the policy, and if such settlement is made in good faith, the amount thereof shall be deductible from the limits of liability specified in paragraph (b) of subsection (2) of this section; or
(d) The policy, the written application therefor, if any, and any rider or endorsement which does not conflict with the provisions of the chapter shall constitute the entire contract between the parties.
(4) Any policy which grants the coverage required for a motor vehicle liability policy may also grant any lawful coverage in excess of or in addition to the coverage specified for a motor vehicle liability policy, and such excess or additional coverage shall not be subject to the provisions of this chapter. With respect to a policy which grants such excess or additional coverage, the term "motor vehicle liability policy" shall apply only to that part of the coverage which is required by this section.
(5) Any motor vehicle liability policy may provide that the insured shall reimburse the insurance company for any payment the insurance company would not have been obligated to make under the terms of the policy except for the provisions of this chapter.
(6) Any motor vehicle liability policy may provide for the prorating of the insurance thereunder with other valid and collectible insurance.
(7) Any motor vehicle liability policy shall provide coverage for sixty (60) days for a person who is a member of an insured's family or household after that person becomes a licensed driver. Such coverage shall begin on the day the person becomes licensed and extend until the insured adds the person to his or her motor vehicle liability policy, until the person gets his or her own motor vehicle liability policy, or until the sixtieth day, whichever comes first.
(7) The requirements for a motor vehicle liability policy may be fulfilled by the policies of one or more insurance companies which policies together meet such requirements.
(8) Any binder issued pending the issuance of a motor vehicle liability policy shall be deemed to fulfill the requirements for such a policy.
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.
