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MISSISSIPPI
WINDSTORM UNDERWRITING ASSOCIATION (MWUA)
Manual of Rules and
Procedures
I. INTRODUCTION
1. Purposes
A. The broad
objectives of the Plan are to make Essential Property Insurance
available to responsible applicants on eligible property located in
the Coast Area of Mississippi who have been unable to secure such
insurance in the normal insurance market and to fulfill the purposes
provided by House Bill 274, Laws of 1987. The "Coast Area"
consist of George, Hancock, Harrison, Jackson, Pearl River and Stone
Counties of Mississippi.
II. GENERAL
1. Who May Apply
Any person having
an insurable interest in insurable property at fixed locations in the
Coast Area.
2. Application Forms
Application
forms may be secured from the Mississippi Windstorm Underwriting
Association, Post Office Box 5389, Jackson,
Mississippi 39296-5389.
3. Eligible Property
Builder’s risk
and real property at fixed locations in the Coast Area or the contents
located therein.
4. Ineligible
Property
Motor vehicles and
any structure commenced on or after June 1, 1987, not built in
substantial compliance with the Standard Building Code, including the
design-wind requirements therein, and contents in such structure. An
exception to the preceding is Trailer or Mobile Home Risks (see
Section II, Paragraph 6.C).
5. Coverage
Windstorm and Hail
Insurance (Specific Peril Policies)
A. General
Provisions:
(1) Windstorm and
Hail Form No. 4001 (Effective 1-00) with appropriate fire form will
be attached to the Standard Fire Insurance Policy.
(2) Except as
otherwise specifically provided, all windstorm and hail property
damage policies shall be written subject to 80% or higher
coinsurance clause. Dwellings (One through Four Family) are subject
to loss settlement.
(3) Mississippi State
Rating Bureau Extended Coverage Endorsement construction
classification rules shall apply to windstorm and hail policies.
(4) (a) All policies
on properties in the "Coast Area" except policies written
without coinsurance (See Paragraph 6.A. (3) following), and policies
covering Trailer or Mobile Home Risks (See Paragraph 6.C. following),
shall be subject to Special Windstorm and Hail Deductibles by
attaching the proper special endorsement as follows:
Dwelling Including
Farm Dwelling (One Through Four Commercial Including Farm Property
Other ThanFamily) Deductible Form No. 6001 (Effective 10-98) Dwelling
(Other Than One Through Four Family
Miss. No. 6001
($500.00 Deductible) Dwelling) Deductible Form No. 6007 (Effective
1-00)
Miss. No. 6007 (2% -
$750. Minimum)
No Credit in
rates will be allowed for these deductibles. Miss. No. 6012 (Dwellings
- One through Four- Families and Trailer or
Mobile Homes) 2% Named Storm Deductible.
(b) Optional
Dwelling, including Farm Dwelling, (One through Four Family and tenant
occupied multi-unit dwelling complex):
Deductible Rate
Adjustment Factor
Deductible Form
Miss. No.
6003 (Effective
1-95) 1,000. .90
Deductible Form
Miss. No.
6004 (Effective
1-95) 2,500. .85
(5) Dwellings (one
through four families and trailers or mobile home risks) are subject
to a 2% named storm* deductible, $500.00 minimum, Mississippi No.
6012, when a named storm is located within the boundaries of 80
degrees West longitude and 20 degrees North latitude.
*(Named Storm:
A storm named by the United States Weather Bureau).
(6) Commercial
properties may be insured for replacement cost. The application for
insurance in the Mississippi Windstorm Underwriting Association shall
indicate that replacement cost coverage on commercial properties is
desired by proper completion of the appropriate section. A special
$50.00 non-returnable fee shall be included with the application when
replacement cost coverage for commercial properties is requested.
Replacement cost insurance in the Mississippi Windstorm Underwriting
Association shall only apply when other property insurance covering
perils other than windstorm and hail for the location is also based on
replacement cost. The amount of replacement cost insurance for the
location covering perils other than windstorm and hail together with
the coinsurance percentage applicable thereto, shall be provided in
the application for coverage in the Mississippi Windstorm Underwriting
Association. Mississippi Windstorm Underwriting Association
Replacement Cost Endorsement, Mississippi Form No. 6009 or Mississippi
Form No. 6010 (effective 10-98) is required.
(7) Coverages that
are not provided are: Time Element and Reporting Form.
(8) Blanket insurance coverage may be provided for commercial buildings and contents at one or multi locations (location in this usage is when the premises is not broken by a public thoroughfare or property of others or railroads), when a statement of values has been submitted and proper notice is shown on the application. If written blanket at one location or blanket covering more than one location, the limits continues to be $1,000,000.00. Coinsurance adjustment is applicable per Section II, Item 6. Rates, A., sub-item (3), and the coinsurance rule is eliminated.
6. Rates
A. Property other
than Dwellings (One through Four Family and tenant occupied multi-unit
dwelling complex), Trailer or Mobile Home Risks
(1) The MWUA 80%
coinsurance clause Windstorm and Hail rate for an item shall be the
Mississippi State Rating Bureau Extended Coverage Rate.
(2) Where maximum
MWUA limits are applicable and Windstorm and Hail insurance is written
with 50% coinsurance use the MWUA 80% Windstorm and Hail rate for an
item and multiply by 1.5.
(3) Where maximum
MWUA limits are applicable and Windstorm and Hail insurance is written
with no coinsurance use the MWUA 80% coinsurance clause Windstorm and
Hail rate for an item and multiply by 2.5(See 8.A.Limits).
Note: 2% Windstorm
and Hail Deductible Clause, 6006 Miss. 1-00, is mandatory.
(4) Where Windstorm
and Hail Insurance is written at higher than 80% coinsurance, use the
MWUA 80% coinsurance clause Windstorm and Hail rate for an item and
reduce 5% for 90% coinsurance and 10% for 100% coinsurance.
B. Dwellings (one
through Four Families and tenant occupied multi-unit dwelling complex)
(1) The MWUA
Windstorm and Hail rate for an item shall be the Mississippi State
Rating Bureau Extended Coverage Rate or Wind and Hail rates filed and
approved for use by MWUA.
C. Trailer or Mobile
Home Risks
The following net
rate (no further increase applicable) and rules shall apply to trailer
or mobile home risks and their contents in the "Coast Area"
when insured at a specific location if on permanent foundation with
utility connections.
Windstorm and Hail -
$1.969
All policies covering trailer or
mobile home risks shall be subject to Special Windstorm and Hail
Deductible Form Miss. 6008 Effective 10-98. ($500 Deductible).
Trailer or mobile home risks to be
eligible for coverage in the MWUA shall be anchored and secured in
substantial compliance with the Standard Building Code, including the
design-wind requirements therein, and so certified by a local building
inspector, contractor, engineer or architect. Compliance with the
following provisions would meet the code requirements, other than
elevation, for attachment of trailer or mobile home risks to
foundation.
(1) Piers
(a) Pier foundations shall be
installed directly under the main frame (or chassis) of the mobile
home. The piers shall not be further apart than ten (10) feet on
centers, and the said main frame (or chassis), front or back,
shall not extend further than five (5) feet beyond the center line
of the end piers.
(b) All grass and organic
materials shall be removed and the pier foundation placed on
stable soil. The pier foundation shall be placed on level rock,
gravel or inserted at least 4" into sand or loam soil. The
pier foundation shall be a regular 8"x8"x16"
concrete block, placed on its side with open cores horizontal, the
16" dimension shall be at right angles to and centered upon
the main frame members of the mobile home.
(c) Piers shall be constructed of
regular 8"x8"x16" concrete block, with open cells
vertical, placed above the pier foundation block. A
2"x8"x16" treated wood plate shall be placed on the
top of the pier with shim shingles fitted and driven tightly
between the wood plate and the main frame where necessary in order
to provide uniform bearing.
(2) Tie-downs
(a) Each mobile home shall
be provided with a minimum of four (4) anchors and tie-downs as
hereinafter provided: ties shall be attached to the main framing
members in a manner that will not release under the vibratory
loading. Ties shall be made snug by use of ½" dropped-forged
steel turnbuckles with welded eyes connected to ground anchors
with d" wire rope. Ties and anchors shall be placed adjacent
to the front and rear piers and spaced no more than twenty (20)
feet apart on each side of the unit.
(b) Ties passing over mobile home
may be used in addition to, but not in lieu of, the ties to the
main frame. Such ties should not come in contact with the coach
body except at points which have been reinforced or otherwise
properly protected so that this additional load will not damage
the coach body.
(3) Ground Anchors
(a) An approved ground
anchor shall be one of the following: A steel screw auger with
minimum of e" diameter rod with welded eye on one end and a
minimum auger diameter of six (6) inches on the other end. The
auger shall penetrate at least 3½ feet below the ground surface.
(b) A steel e" welded
eyebolt with a 6" hook, or a steel U-shaped e" rod with
two 3" hooks, cast into a reinforced 4" concrete slab
not less than 75 square feet in area.
(c) A steel e" welded
eyebolt, or a steel U-shaped e" rod, cast 6" into
poured-in-place concrete deadman at least 6" in diameter and
2 feet deep.
7. Term
All policies will be issued for a term
of one year.
8. Limits
A. On property located in the "Coast Area", the Association shall undertake through a Servicing
Insurer(s), to place insurance up to the reasonable insurable value of the property, subject to a maximum at any one location for all insured interests of:$1,000,000. on dwellings not exceeding four (4) families and $250,000 on dwelling contents contained therein; $1,000,000 on all other eligible property including manufacturing or processing plants. Location means real and personal property consisting of and contained in a single building, or consisting of or contained in contiguous buildings when rated as one (1) risk by the Mississippi State Rating Bureau. In the case of manufacturing or processing plants, a multi-location or a commercial risk written blanket with multi-locations, the maximum coverage shall apply to the total location or locations when written blanket. A location is applicable when it is not broken by a public thoroughfare, property of others or railroads. When the maximum value is limited to $1,000,000.00 per building, location or multi-locations, when written blanket, and Rule (3) of Sub-Item 6. A., Rates, Section II of the Manual of Rules and Procedures applies, the Coinsurance rule is eliminated.
B. Coast Plan policies written for
maximum limits may be endorsed allowing them to act as primary coverage.
A specific request must be made to MWUA requesting the endorsement (see
Rule II. 6. A. [3]).
C. Dwelling policies
with $500,000 or more coverage up to the limit of $1,250,000, (building
and contents) will have a mandatory $1,000 minimum policy deductible.
9. Premiums - Payment
Plan Program:
A. Premiums are
payable by full pay or through a four pay plan direct bill system by
check or money order, by mail or in person during normal working
hours, excluding holidays at the office of the Association. Full
payment or required payment plan deposit 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 from agent of such default and appropriate return
remittance shall be provided.
B. DIRECT BILL SYSTEM
may be utilized by making a down payment of 30% of the gross premium
with application, with one (1) 30% payment due three months after
inception and two (2) remaining installments of 20% each spread three
months apart. A ten dollar ($10.00) service fee will be added to each
of three quarterly installments. Installment payments will be billed
directly to the insured.
C. Minimum
Premium: There is a minimum premium of $150.00 for dwelling
policies, one through four families or tenant occupied, multi-unit
dwelling complexes, for building or contents. A minimum premium of
$250.00 is applicable to all commercial policies; building and/or
contents.
D. Minimum
Earned Premium: After a policy has been
issued by the MWUA the earned premium for the MWUA is equivalent to
the minimum premium of $150.00 for dwellings, one through four
families or tenant occupied, multi - unit dwelling. Complexes for
building or contents and trailers or mobile home risks, and $250.00 is
applicable to all commercial policies.
NOTE:
Minimum premium cannot be placed on the Direct Bill Payment Plan
System.
10. Commission
The commission to
a licensed agent or broker is 15% for new business and 10% on renewals
beginning July 1, 1996. Agents will not deduct commission from any
payments. Agents or brokers will receive their commission as the
insured pays their installments and not on a written basis. Agents or
brokers must refund ratably to the insured, commission on the unearned
portion of canceled liability and on reduction in premiums. 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 on behalf of the owner of the insurable interest by a licensed
Mississippi resident agent or broker authorized by such owner. All
applications submitted must be on the form prescribed by the MWUA.
B. Applications
are in sets, no carbon required, with instructions as to number of
copies to be submitted.
C. All applicable
items on the application must be completed in detail. In addition,
when the structure for which insurance is desired (or contains
contents for which insurance is desired) was commenced on or after
June 1, 1987 and is located in an area in which the Standard Building
Code has not been adopted, attach certificate from a local
building inspector, contractor, engineer or architect certifying that
the structure is built in substantial accordance with the Standard
Building Code, including the design-wind requirements therein. MWUA
Form J was specifically designed for this purpose and copies may be
obtained upon request.
D. The following
schedule of Inspection Fees must accompany the initial application:
(1) Dwellings not
exceeding four (4) families and farm property and mobile homes -
Twenty Dollars ($20.00).
(2) All other
properties - Forty Dollars ($40.00).
(3) Reinspection of
properties - Ten Dollars ($10.00).
(4) When five (5)
or more buildings are submitted to the Association at the same time
covering property at one premise, with a common inception date, and
under the same ownership, then specific application may be made to
the Association for a flat inspection fee.
Special
Inspection Fees: MWUA is to
be reimbursed, by the insured, for the actual fee or fees for
conducting inspections of property located on any of the barrier
islands. The inspection fee is not to exceed $500.00.
2. Inspection and
Rating
A. 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.
B. 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 our features of construction, occupancy or physical hazards which
may result in declination of the application.
C. A copy of the
completed inspection report will be sent to the Association.
D. A copy of the
inspection report will be made available to the applicant or his agent
upon request.
3. Underwriting
A. Inspection
reports and rating details will be examined by the Association to
determine if the property meets reasonable underwriting standards.
B. "Reasonable
underwriting standards" include, but are not limited to, the
following:
(1) The amount of
insurance requested, together with other insurance, is within
reasonable relationship to the actual cash value of the property
involved;
(2) Physical
condition of the property, such as its construction, evidence of
previous damage or general deterioration;
(3) Its present use
or housekeeping, such as vacancy, overcrowding, storage of rubbish or
flammable materials;
(4) Violation of law,
public policy, morals and the character or integrity of the property
owner or occupancy;
(5) No new or
increased coverage shall be bound or applications for new or increased
coverage accepted when a named storm is in the Gulf of Mexico or
within the boundaries of 80 degrees West longitude and 20 degrees
North latitude (a "named storm" is a windstorm named by the
United States Weather Bureau).
Note: A risk shall
not be declined for neighborhood area, location or environmental
hazards beyond the control of the applicant or owner of the property.
(6) Property
insurance, if any, other than windstorm and hail insurance written
through the Association, shall be provided by insurers who are member
companies in the Association, except this requirement shall not be
applicable when an application for insurance in the Mississippi
Windstorm Underwriting Association is submitted with a copy of the
affidavit required by the Mississippi Commissioner of Insurance. (This
rule does not apply when Section II, Paragraph 8B, is applicable.)
Applications for wind
and hail coverages for property located on any of the barrier islands
must provide evidence of flood coverage if the property is located in
an area where flood coverage is available.
4. Acceptance
A. A policy will be
issued by the Association upon full payment of premium or after
required payment plan deposit is received. Insurance will become
effective at 12:01 A.M., Standard Time, on the day following the date
premium is received by the Association.
B. Policies will
subsequently be serviced by a Servicing Insurer upon instructions from
the Association. Countersignature will be the responsibility of the
Servicing Insurer. The Servicing Insurer shall cede 100% of its
liability to the Association.
C. Hand delivery of
applications may be accepted at the office of the Association only
during normal working hours which excludes holidays. Hand delivered
applications are subject to all other underwriting rules, procedures
and guidelines pertaining to the acceptance of applications
5. Policy Writing
Procedure
Application (Form
C-6) shall be completed with proper inspection fee, and full annual
MWUA remittance or required payment plan deposit attached.
For Dwelling Properties
located in the "Coast Area" the full annual MWUA remittance or
required payment plan deposit shall be determined by establishing the
full annual MWUA premium from MWUA Dwelling Rates.
For Commercial
Properties located in the "Coast Area", the full annual MWUA
remittance or required payment plan deposit shall be determined by
establishing the full annual MWUA premium as provided in "Section
II, Paragraph 6". In the event of a risk on which Mississippi State
Rating Bureau rates have not been established, an estimated rate should
be used, or a request for an estimated rate should be directed to the
Mississippi State Rating Bureau or the MWUA.
Upon receipt of all
necessary data, and if the location is considered to be acceptable,
policy will be issued with copies 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 MWUA, or effective on
the date the application is mailed if sent by registered or certified
mail, unless the application stipulates a later date. If the location is
not acceptable, is borderline or if data is incomplete, the producer
will be so notified and policy will not be issued.
If it is determined
following inspection that estimated or published rates or premiums
charged are incorrect, adjustment in premiums will be made effective as
of the inception date of coverage.
6. Renewals
Policies will not
be automatically renewed.
A renewal notice on form prescribed by the MWUA must be submitted.
Notice for renewal, complete with all data required by this Manual,
received by the MWUA on or before the expiration date will be renewed
without a lapse in coverage. Notices received after the date of
expiration will be reinstated effective 12:01 A.M., Standard Time, on
the day following the date that the required premium is received by
MWUA, without the resubmission of a new application if received within
thirty (30) days after the expiration, provided there is not a 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 renewals.
7. Declinations
A. 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.
B. When the Association
is notified that such improvements have been made, the property will be
reinspected upon payment of reinspection fee.
8. Risk Identification
All documents
issued by the Association will bear a "MWUA" policy number.
Reference should be made to the "MWUA" number in any
communication to the Association with respect to Association risks.
9. Policy Changes
A. Requests for
changes of 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.
B. 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), or the
additional premium is added to the Direct Billing Program.
C. Changes not
involving change in premium will become effective immediately upon
action of the Association.
D. If the change calls
for a return premium and the policy is endorsed or canceled, the return
premium will be remitted by the Association.
10. Policy Assignment
A. 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 MWUA in accordance with rules and
underwriting standards regulating submissions and issuance of new
policies.
B. 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 windstorm and hail 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 MWUA 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 30-day period.
C. 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:
(1) The request for
assignment of interest to a new owner is made on an Application for
change Form D, certifying there has been no change in occupancy,
(2) the legal date of
sale is specified on the request.
IV. CANCELLATIONS
1. No policy or binder
issued under the Plan shall be canceled by a Servicing Insurer without
the prior approval of the Association. Grounds or such cancellation
shall be limited to:
A. Non-payment of
premium;
B. Default in payment
under a premium payment arrangement;
C. Evidence of
incendiarism;
D. Misrepresentation
or concealment of any material fact either before or after loss;
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;
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
canceled 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 MWUA Policies - When MWUA policies are placed in the
"Voluntary Market" for the same insured, cancellation will be
short-rate 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 MWUA
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 (MWUA)
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, renewal
certificate or a properly executed Lost Policy Cancellation Release must
be returned to the MWUA with a Form "D" 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 required by the
Manual is received by the MWUA.
B. A request for
cancellation after a business has ceased operations will be calculated
on a pro-rata basis.
C. All Other
Cancellations at the Request of the Insured - Cancellations for any
other reasons will be canceled short-rate effective the date all data
required by this Manual is received by the MWUA.
V. LOSS HANDLING
PROCEDURE
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. MWUA 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 expense
when handled by staff adjuster.
C. Loss supervisory
expense.
4. The Servicing
Insurer’s books and records shall be open to the Association 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 and their participation in the "pool"
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
the 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.
2. Participating
Companies
A. A company shall
participate in writings, expenses, profits and losses in proportion
that its net direct premium written in this state during the preceding
calendar year bears to the aggregate net direct premiums written in
this State. Such calculations shall be carried to five decimals.
B. A participating
company shall annually receive credit toward participation in the
Association for Essential Property Insurance voluntarily written in
the "Pool". Each participating company in order to receive
such credit, shall set up the necessary statistical procedure whereby
they can accurately determine and furnish to the Association their
voluntary writings. Such information shall be verified to the
satisfaction of the Association and shall be submitted in a form
mutually agreed on by the Company and the Association.
C. At the beginning
of the Fiscal Year of the Association a tentative participation
percentage shall be determined for each participating company, based
on the previous calendar year’s premiums written (See [A] and [B]
above).
D. The Association
will submit to its member companies on a semi-annual basis a statement
of in force liability, and on an annual basis a statement of the
Association’s income and expenses and a statement of operating
results, expenses and reserves.
E. At the end of each
fiscal year (December 31) there will be an annual report to member
companies based on their percentage of participation for the previous
calendar year, except interim reports may be provided upon direction
of the Board of Directors. These percentages will then be used for
each member company’s interim participation in the Association for
the subsequent fiscal year.
IX. APPEALS
1. Any applicant for
insurance and any person insured under the Plan of Operation or any
affected insurer may appeal to the Board of Directors within fifteen
(15) days after any final ruling, action or decision of the Association,
the Inspection Bureau or a Servicing Insurer. The Board or and Appeals
Committee designated by the Board shall hear and determine such appeal
within fifteen (15) days after the same is filed. Such determination may
be appealed to the Commissioner within thirty (30) days as provided by
Statute.
2. Orders of the
Commissioner shall be subject to judicial review as provided by Statute.
X. OPERATIONS
The Plan will be
operated by personnel of the Mississippi State Rating Bureau under
agreement with the Mississippi Windstorm Underwriting Association.
However, all communications on matters pertaining to the Association
should be addressed to:
Mississippi Windstorm
Underwriting Association
2685 Crane Ridge
Drive
Post Office Box 5389
Jackson, Mississippi
39296-5389
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