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MISSISSIPPI RESIDENTIAL PROPERTY INSURANCE UNDERWRITING
ASSOCIATION (MRPIUA)
Manual of Rules and Procedures
I. INTRODUCTION
Purposes
The Broad objective of the Plan is to make Essential
Property Insurance available to responsible applicants on eligible
property located in Mississippi who have been unable to secure such
insurance in the normal insurance markets.
II. GENERAL
1. Who May Apply
Any person having an insurable interest in insurable
dwelling property at fixed locations.
2. Application Forms
Application forms may be secured from the
Mississippi Residential Property Insurance Underwriting Association,
Post Office Box 5389, Jackson, Mississippi 39296-5389. Also, an
application can be downloaded (PDF|Ms
Word) from the website
3. Eligible Property
Dwelling builders’ risk and dwelling real
property including manufactured housing permanently installed at fixed
locations or the contents located therein for one or two family
dwellings only.
4. Ineligible Property
Motor vehicles and property not meeting accepted
underwriting standards.
5. Coverage
A. General Provisions
1. Fire and Extended Coverage dwelling policies as
provided in standard fire and extended coverage forms
applicable in Mississippi.
2. Policies may be written in an amount not to
exceed 95% of the actual cash value of the insured property and may
not exceed $200,000 on the dwelling and $75,000 on the contents
of such dwelling. The policy may not include the value of the
land on which the dwelling is constructed.
3. A $500.00 deductible will be applied to all
claims. There will no reduction in premium for this deductible.
4. Coverages that are not provided are: replacement
cost, blanket insurance or schedules involving more than twenty-five
(25) dwellings under the same ownership. Windstorm and hail
coverages are excluded for risk located in the coast area
consisting of Hancock, Harrison, and Jackson Counties in
Mississippi.
6. Rates
-
Rates & premiums published by the Mississippi
State Rating Bureau in the Mississippi Dwelling Manual
shall be multiplied by 140% to arrive at the annual Policy Premium.
7. Term
All policies will be issued for a term of one
year.
8. Limits
The Association shall undertake through a
Servicing Insurer(s) to place insurance up to 95% of the
reasonable insurable value of the property, subject to a maximum on
any one dwelling for all insured interests of: $200,000 on
dwellings not exceeding two (2) families and $75,000 on dwelling
contents contained therein.
9. Premiums
- Premiums are payable on a gross basis to the
Association by money order or by check. Gross basis means premium
including agents commission. Commissions will be paid on a monthly
basis. Payment may be made in person or by mail. Payment must be
received by the Association before coverage can become effective.
Premium financing arrangements will not be honored by the
Association, except that in the event of default in payment under
a premium payment arrangement the Association shall cause a Notice
of Cancellation to be issued upon proper notification of such
default and appropriate pro rata return remittance shall be
provided.
- Minimum Fully Earned - Premium: There is a minimum fully
earned premium of $150.00 for all policies issued by the MRPIUA.
10. Commission
The commission to a licensed agent or broker designated by
the applicant is 10%. Agents will not deduct commission from any
payments. Agents or brokers will receive their commission check from
the MRPIUA on a monthly basis. On the unearned portion of canceled
liability and on reductions in premiums, agents’ commission will
be adjusted accordingly. No commission is payable on inspection
fees.
11. Rules
Unless in direct conflict with this Plan, the general rules,
practices and procedures of the Mississippi State Rating Bureau shall
apply.
III. PROCEDURES FOR PROCESSING APPLICATIONS
1. Application For Insurance
A. Applications shall be made on behalf of the owner of
the insurable interest by a licensed Mississippi agent or broker
authorized by such owner. All applications submitted must be on the form
prescribed by the MRPIUA. All applicable questions on the application are
to be fully completed.
B. A $30.00 inspection fee must accompany the
original application.
2. Inspection and Rating
-
Upon receipt of the application, an inspection of
the property will be made by the Mississippi State Rating Bureau or
other organization designated to make inspections as required under
the Plan.
-
A representative of the inspection agency may
contact the applicant or his authorized representative to arrange
the time of the inspection as the applicant or his authorized
representative may be required to accompany the inspector during the
inspection. This may be desirable so that the inspector can point
out features of construction, occupancy, or physical hazards which
may result in declination of the application.
-
A copy of the completed inspection report will be
sent to the Association.
-
A copy of the inspection report will be made
available to the applicant or his agent upon request.
3. Underwriting
-
Inspection reports and rating details will be
examined by the Association to determine if the property meets
reasonable underwriting standards.
-
"Reasonable underwriting standards"
include, but are not limited to the following:
-
The amount of insurance requested, together
with other insurance, is within reasonable relationship to the
actual cash value of the property involved, not to exceed 95% of
the value of the insured property;
-
Physical condition of the property, such as its
construction, evidence of previous damage or general
deterioration;
-
Its present use or housekeeping, such as
vacancy, overcrowding, storage of rubbish or flammable materials;
-
Violation of law, public policy, morals, and
the character or integrity of the property owner or occupant;
-
No new policies shall be written or increased
coverage accepted when a designated named storm is in the Gulf of
Mexico or within the boundaries of eighty (80) degrees West
longitude and twenty (20) degrees North latitude (a "named
storm" is a windstorm designated as a named storm by the
United States Weather Bureau).
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A risk shall not be declined for neighborhood,
area, location or environmental hazards beyond the control of the
applicant or owner of the property.
4. Acceptance
-
If the risk is acceptable, the producer will
be notified.
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A binding receipt will be issued by the Association
upon full payment of premium. Insurance will become effective at 12:01
A.M., Standard Time, on the day following the date premium is received
by the Association.
-
Policies will subsequently be provided and serviced
by a Servicing Insurer upon instructions from the Association.. The
Servicing Insurer shall cede 100% of its liability to the Association.
4.5 Expedited Binder Procedure
Application Form R10 shall be completed with
proper inspection fee, two (2) photos (angle from the front and angle
from the rear) and full annual MRPIUA remittance attached.
For eligible Dwelling Properties not exceeding
two (2) families located in Protection Class 3 through 10,the full
annual MRPIUA remittance shall be determined by establishing the
full annual MRPIUA premium from MRPIUA "Basic Rating Rules and
Rates."
Upon receipt of all necessary data, and if the
location is considered to be tentatively acceptable, a
Policy or a Receipt and Certification of Coverage,
shall be forwarded to the producer with insurance bound effective at
12:01 A.M., Standard Time, on the day following the date proper data
was received by the MRPIUA. If the location is not acceptable, or if
borderline, or if data is incomplete, the producer will be so notified
and a Policy or Receipt and Certification of Coverage will not be
issued.
If subsequent inspection reveals that the risk is not
eligible for coverage in the MRPIUA, the Policy or Receipt and
Certification of Coverage will be canceled and earned premium charged on
a pro-rata basis.
It should be noted that should it be necessary to
issue a "Receipt and Certification of Coverage" pending
issuance of a policy, that such Receipt and Certification of Coverage
can be used to satisfy any parties holding a mortgage on the property,
since it is stated that the insurance is bound for a period not in
excess of one (1) year. Further, this Receipt and Certification of
Coverage will be void when replaced by a policy, and the Receipt and
Certification of Coverage is subject to all the terms and conditions of
Standard MRPIUA fire and extended coverage forms as approved by the
Mississippi Commissioner of Insurance.
If it is determined following inspection that
premiums charged are incorrect, adjustment in premiums will be made
effective as of the inception date of coverage.
5. Renewals
Policies will not be automatically renewed. A
renewal application or form prescribed by the MRPIUA must be submitted.
Applications for renewal, complete with all data required by this
Manual, received by the MRPIUA on or before the expiration date will be
renewed without a lapse in coverage. Applications received after the
date of expiration will be reinstated effective 12:01 A.M., Standard
Time, on the day following the date all data required by this Manual is
received by the MRPIUA, provided there is no designated named storm in
the Gulf of Mexico as outlined in this Manual.
A minimum of thirty (30) days advance notice of
expiration will be given to the insured and his representative.
No inspection fee is required on renewal
applications.
6. Declinations
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Coverage on property which fails to meet
reasonable underwriting standards will be declined and the applicant
or his representative will be advised of the measures, if any, which
if taken would make the property insurable.
-
When the Association is notified that such
improvements have been made, the property will be reinspected upon
payment of reinspection fee of $30.00.
7. Risk Identification
All documents issued by the Association will bear
a "MRPIUA" file number. Reference should be made to the
"MRPIUA" number in any communication to the Association with
respect to Association risks.
8. Policy Changes
-
Requests for changes in the policy or
cancellation shall be addressed in writing to the Association on an
approved change form. No change will be made except as it relates to
existing location under the policy in question. All applicable items
of this form shall be completed in detail.
-
If additional premium is required, the change will
become effective when full payment of the additional premium is
received in the office of the Association (or at such later date as
may be specified by the Insured).
-
Changes not involving change in premium will become
effective immediately upon action of the Association.
-
If the change calls for a return premium and the
policy is endorsed or canceled, the return premium will be remitted by
the Association.
9. Policy Assignment
- Policy assignment to a new owner will not be permitted (except
as indicated in paragraph C. below). If coverage for a new
owner is desired, a new application must be submitted to the MRPIUA.
In accordance with rules and underwriting standards regulating submissions
and issuance of new policies.
- At the specific request of the insured, upon the execution of an
agreement for sale of the insured property, the Association will have
the servicing insurer endorse such policy to cover the interest of the
insured and the purchaser. Such endorsement shall provide coverage for
not exceeding thirty (30) days or until other insurance for the
purchaser is effective. In no event will this be construed to extend
coverage beyond normal expiration date.
A request for endorsement as outlined above must be received by the
MRPIUA within fifteen (15) days of the date of the agreement of sale
and such date must be specified on the request.
Coverage will then be made effective from the date of the agreement
of sale for the thirty (30) day period.
- Policies which have no change in occupancy may
be assigned to a new owner by endorsement effective as of the legal
date of sale provided:
- The request for assignment of interest to a new owner is made on
an Application for Change Form R, certifying there has been no
change in occupancy,
- The legal date of sale is specified on the request,
- Such request is received by the MRPIUA within fifteen (15) days
of the legal date of sale.
Note: Owner occupied dwelling changing to tenant occupied, is a
change in occupancy.
IV. CANCELLATIONS
1. No policy or binder issued under the Plan shall be canceled by
Servicing Insurer without the prior approval of the Association. Grounds
for such cancellation shall be limited to:
A. Non-payment of premium;
B. Default in payment under a premium payment arrangement;
C. Evidence of incendiarism; or
D. Misrepresentation or concealment of any material fact either
before or after loss; or
E. Cause which would have been grounds for non-acceptance under the
Plan of Operation had such cause been known at the time of acceptance;
or
F. Cause arising subsequent to the inspection which would have been
grounds for non-acceptance of the risk under the Plan of Operation had
such cause existed at the time of acceptance.
2. Notice of cancellation, together with a statement of the reason
therefor, shall be sent to the insured and a copy sent to the
Association and to the Producer. Such notice shall be accompanied by a
statement explaining that the insured has a right of appeal as
hereinafter provided.
3. When a policy is cancelled under this section, such policy shall
not be reinstated. Continued coverage shall be based on a new
application subject to all requirements of this Manual and the Plan of
Operation.
4. Mid-Term Cancellations of MRPIUA Policies - When MRPIUA policies
are placed in the "Voluntary Market" for the same insured,
cancellation will be pro-rata using the effective date of the
"Voluntary Market" policy as the effective date of
cancellation but in no event with a date of cancellation more than
thirty (30) days prior to the receipt of the request for cancellation
accompanied by the following:
A. Original MRPIUA policy or properly executed Lost Policy
Cancellation Release, and
B. Photocopy of the policy (Daily Report) representing the
rewritten coverage reflecting the same insured and coverage equal to
or exceeding the MRPIUA coverage in amount of coverage provided,
perils insured against and term.
5. Cancellations at the Request of the Insured - The original copy of
the policy or a properly executed Lost Policy Cancellation Release must
be returned to the MRPIUA with a Form "R" requesting
cancellation.
A. Property Sold - Policy will be canceled pro rata effective the
legal date of sale, provided the legal date of sale is included in the
request, otherwise cancellation will be effective on the date all data
is required by the Manual is received by the MRPIUA.
B. All Other Cancellations at the Request of the Insured -
Cancellations for any other reason will be cancelled pro rata
effective the date all data required by this Manual is received by the
MRPIUA.
V. LOSS HANDLING PROCEDURES
1. Losses will be reported promptly to the Servicing Insurer by
the Insured or his representative. A copy of such loss notice will be
sent to the Association.
2. No adjustment of losses are to be handled by the producers.
3. All questions pertaining to the adjustment of Association losses,
including policy interpretation, rest with the Servicing Insurer.
VI. LOSS REIMBURSEMENT PROCEDURES
1. Reimbursement for loss payments and loss adjustment expenses shall
be made by the Association on a monthly basis. The Servicing Insurer shall
submit a monthly bordereau of such loss payments and outstanding reserves.
Such bordereau shall contain the following information:
A. MRPIUA Number
B. Servicing Insurer’s policy number
C. Name of policyholder
D. Date of loss - policy year
E. Amount of Loss paid or outstanding reserve
F. Loss adjustment expense
G. Loss supervisory expense
H. Attach copy of loss and expense drafts for Association files.
2. In the event the Association does not have sufficient funds in hand
to pay such reimbursement monthly, such payments shall be made as soon
thereafter as funds can be obtained by assessment of the membership.
3. Loss adjustment expense shall include the following:
A. Allocated loss adjustment expense - such as actual cost of
adjusters, experts, salvors, legal fees, etc.
B. Adjuster expenses when handled by staff adjuster.
C. Loss supervisory expense.
4. The Servicing Insurer’s books and records shall be open to the
Association throughout for the verification and approval of these items.
VII. CREDIT FOR BUSINESS WRITTEN ON A VOLUNTARY BASIS
Member companies shall receive annually credit for Essential
Property Insurance voluntarily written in fire protection Class 9 and 10
and essential property insurance written in the coastal counties of
Hancock, Harrison and Jackson and their participation in the
"Association" shall be reduced accordingly. Member companies
participation in the expenses of the Association shall not be reduced
thereby. The method of determination of such credit shall be as authorized
by the Plan of Operation as implemented by the Board of Directors.
VIII. ACCOUNTING PROCEDURES
1. Servicing Companies
A. The Association will submit a monthly register of premium
transactions to each Servicing Insurer. The register will identify
each transaction by the Servicing Insurer’s Policy Number and the
Association’s application number.
B. Servicing companies will keep a register of paid losses, paid loss
expenses and losses reserved. This register will identify each
transaction by policy number and Association’s application number.
C. Servicing companies will prepare a summary account monthly. This
report will summarize premiums written, losses paid, loss reserves, loss
expenses and fees recoverable from the Association. Reimbursement to
Servicing Companies will be made monthly.
D. Each Servicing Insurer will receive servicing fees for premiums
written and for handling of losses as determined by the Association. Out
of such servicing fees received, the Servicing Insurer will be
responsible for the payment of premium taxes, assessments for policies
issued under this Plan, and any counter signature fees.
E. The Association will work with the Servicing Insurer(s) in
determining the form in which the above information is to be submitted.
IX. APPEAL
Any person insured pursuant to this plan, or his representative, or any
affected insurer who may be aggrieved by an act, ruling, or decision of
the Association, within thirty (30) days after such ruling, is entitled to
appeal to the Commissioner. A hearing before the Commissioner upon such
appeal shall be in accordance with the procedures promulgated by the
Commissioner. The Commissioner is authorized to appoint a member of the
Insurance Department staff for the purpose of hearing such appeals, and a
ruling based upon such hearing shall have the same effect as if heard by
the Commissioner. All persons or insureds aggrieved by any order or
decision of the Commissioner may appeal, within thirty (30) days of such
order or decision to the Chancery Court of the First Judicial District of
Hinds County.
X. OPERATIONS
The Plan will be operated by personnel of the Mississippi State
Rating Bureau under agreement with the Mississippi Residential Property
Insurance Underwriting Association. However, all communications on matters
pertaining to the Association should be addressed to:
Mississippi Residential Property Insurance Underwriting
Association
2685 Crane Ridge Drive
Post Office Box 5389
Jackson, Mississippi 39296-5389
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