Mississippi Code

Miss. Code Ann. § 63-15-43 (2026)

Motor vehicle liability policy; definition; required provisions

✓ current as of July 2026

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(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 there under with other valid and collectible insurance.

(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.

Codes, 1942, § 8285-21; Laws, 1952, ch. 359, § 21; Laws, 1972, ch. 349, § 4; Laws, 2005, ch. 483, § 4, eff. 1/1/2006.

Brought forward by Laws, 2023, ch. 443, HB 1003,§ 27, eff. 7/1/2023.

Amended by Laws, 2016, ch. 410, HB 525, 2, eff. 1/1/2017.

Notes of Decisions

Cited in 42 cases (2 in the last 5 years), 1975–2024 · leading case: Shelter Mut. Ins. Co. v. Dale, 914 So. 2d 698 (Miss. 2005).

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Shelter Mut. Ins. Co. v. Dale, 914 So. 2d 698 (Miss. 2005). · cites it 23× “MISSISSIPPI CODE OF 1972, TO INCREASE THE STATUTORY MINIMUM FOR MOTOR VEHICLE LIABILITY INSURANCE COVERAGE IN ANY ONE ACCIDENT FROM $10,000.”

State Farm Mut. Auto. Ins. Co. v. Mettetal, 534 So. 2d 189 (Miss. 1988). · cites it 28× “This appeal from the chancellor's order involves a single issue: Does § 63-15-43 of Mississippi's Motor Vehicle Safety Responsibility Law, codified as Mississippi Code Annotated Section 63-15-1 et seq.”

Lyons v. Direct Gen. Ins. Co. of Mississippi, 138 So. 3d 887 (Miss. 2014). · cites it 31× “under the Direct General policy issued to Daisy Lang, the exclusion did not operate to eliminate liability coverage in the minimum amounts required by statute, so we affirm the judgment reached by the Court of Appeals, although we disagree with its citation of authority, and…”

Universal Underwriters Ins. v. Am. Motorists Ins., 541 F. Supp. 755 (N.D. Miss. 1982). · cites it 11× “Section 63-15-43 (1981 Supp.) provides an explicit definition of a “motor vehicle liability policy,” as used throughout the Act.”

State Farm Mut. Auto. Ins. v. Universal Underwriters Ins., 797 So. 2d 981 (Miss. 2001). · cites it 5× “In Mettetal , this Court addressed whether § 63-15-43 applied to all automobile liability insurance policies issued in the State, or only to policies certified as proof of financial responsibility.”

Spradlin v. State Farm Mut. Auto. Ins. Co., 650 So. 2d 1383 (Miss. 1995). · cites it 5× “Miss. Code Ann. § 63-15-43 (2)(b) (emphasis added).”

Cossitt v. Federated Guar. Mut. Ins. Co., 541 So. 2d 436 (Miss. 1989). · cites it 2× “Mississippi Code Annotated, Section 63-15-43(2)(b) (Supp. 1988); see also, Sections 63-15-3(j), 63-15-11(4), 63-15-31.”

Perry v. State Farm Mut. Auto. Ins., 606 F. Supp. 270 (S.D. Miss. 1985). · cites it 6× “1982), the court stated that all insurance policies, regardless of the date of issuance, are subject to the Safety Responsibility Law.”

State Farm Mut. Auto. Ins. Co. v. Eakins, 748 So. 2d 765 (Miss. 1999). · cites it 4× “Once the presumption is created, the standard procedures and requirements of Miss.Code Ann. § 63-15-43 (1996) bind the insurance policy.”

Thompson v. Mississippi Farm Bureau Mut. Ins. Co., 602 So. 2d 855 (Miss. 1992). · cites it 4× “Section 63-15-43(3) of the Safety Responsibility Act provides that an automobile "operator's policy of liability insurance shall pay on behalf of the insured named therein all sums which the insured shall become legally obligated to pay as damages.”

State Farm Mut. Auto. Ins. Co. v. Daughdrill, 474 So. 2d 1048 (Miss. 1985). · cites it 2× “The decision was based upon our interpretation of our standard liability insurance statute, Section 63-15-43(2)(b), Mississippi Code Annotated (1972), which states in pertinent part: [The insurer] shall pay on behalf of the insured named therein and any other person, as insured,…”

Aetna Cas. & Sur. Co. v. Williams, 623 So. 2d 1005 (Miss. 1993). · cites it 2× “[16] Such provision arguably would be in conflict with the mandatory provisions of Miss. Code Ann. § 63-15-43 (3) (1972), that every liability policy cover the insured for any and all injuries caused while driving the vehicle for which he was legally liable.”

Show all 42 citing cases →

— Miss. Code Ann. § 63-15-43(1) — 6 cases

Perry v. State Farm Mut. Auto. Ins., 606 F. Supp. 270 (S.D. Miss. 1985). “1982), the court stated that all insurance policies, regardless of the date of issuance, are subject to the Safety Responsibility Law.”

Lyons v. Direct Gen. Ins. Co. of Mississippi, 138 So. 3d 887 (Miss. 2014). “under the Direct General policy issued to Daisy Lang, the exclusion did not operate to eliminate liability coverage in the minimum amounts required by statute, so we affirm the judgment reached by the Court of Appeals, although we disagree with its citation of authority, and…”

State Farm Mut. Auto. Ins. v. Universal Underwriters Ins., 797 So. 2d 981 (Miss. 2001). “In Mettetal , this Court addressed whether § 63-15-43 applied to all automobile liability insurance policies issued in the State, or only to policies certified as proof of financial responsibility.”

State Farm Mut. Auto. Ins. Co. v. Mettetal, 534 So. 2d 189 (Miss. 1988). “This appeal from the chancellor's order involves a single issue: Does § 63-15-43 of Mississippi's Motor Vehicle Safety Responsibility Law, codified as Mississippi Code Annotated Section 63-15-1 et seq.”

Universal Underwriters Ins. v. Am. Motorists Ins., 541 F. Supp. 755 (N.D. Miss. 1982). “Section 63-15-43 (1981 Supp.) provides an explicit definition of a “motor vehicle liability policy,” as used throughout the Act.”

— Miss. Code Ann. § 63-15-43(2) — 3 cases

State Farm Mut. Auto. Ins. Co. v. Eakins, 748 So. 2d 765 (Miss. 1999). “Once the presumption is created, the standard procedures and requirements of Miss.Code Ann. § 63-15-43 (1996) bind the insurance policy.”

State Farm Auto. Ins. Co. v. Universal Underwriters Ins. Co. (Miss. 1999).

— Miss. Code Ann. § 63-15-43(2)(b) — 15 cases

Shelter Mut. Ins. Co. v. Dale, 914 So. 2d 698 (Miss. 2005). “MISSISSIPPI CODE OF 1972, TO INCREASE THE STATUTORY MINIMUM FOR MOTOR VEHICLE LIABILITY INSURANCE COVERAGE IN ANY ONE ACCIDENT FROM $10,000.”

Cossitt v. Federated Guar. Mut. Ins. Co., 541 So. 2d 436 (Miss. 1989). “Mississippi Code Annotated, Section 63-15-43(2)(b) (Supp. 1988); see also, Sections 63-15-3(j), 63-15-11(4), 63-15-31.”

State Farm Mut. Auto. Ins. Co. v. Daughdrill, 474 So. 2d 1048 (Miss. 1985). “The decision was based upon our interpretation of our standard liability insurance statute, Section 63-15-43(2)(b), Mississippi Code Annotated (1972), which states in pertinent part: [The insurer] shall pay on behalf of the insured named therein and any other person, as insured,…”

Wise v. United Servs. Auto. Ass'n, 861 So. 2d 308 (Miss. 2003).

Franklin Mem. Hosp. v. Ms. Farm Bureau Ins., 975 So. 2d 872 (Miss. 2008).

— Miss. Code Ann. § 63-15-43(3) — 1 case

Thompson v. Mississippi Farm Bureau Mut. Ins. Co., 602 So. 2d 855 (Miss. 1992). “Section 63-15-43(3) of the Safety Responsibility Act provides that an automobile "operator's policy of liability insurance shall pay on behalf of the insured named therein all sums which the insured shall become legally obligated to pay as damages.”

— Miss. Code Ann. § 63-15-43(5)(c) — 1 case

Steadman v. Mississippi Farm Bureau Cas. Ins. Co., 626 So. 2d 588 (Miss. 1993).

— Miss. Code Ann. § 63-15-43(6)(a) — 1 case

Cont'l Ins. Co. v. Transamer. Rental Fin. Corp., 748 So. 2d 725 (Miss. 1999).

— Miss. Code Ann. § 63-15-43(7) — 2 cases

Spradlin v. State Farm Mut. Auto. Ins. Co., 650 So. 2d 1383 (Miss. 1995). “Miss. Code Ann. § 63-15-43 (2)(b) (emphasis added).”

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