Mississippi Code
Miss. Code Ann. § 83-11-101 (2026)
Automobile liability policies to contain "uninsured motorist" and property damage provisions; rejection of uninsured motorist coverage
✓ current as of July 2026
- (1) No automobile liability insurance policy or contract shall be issued or delivered after January 1, 1967, unless it contains an endorsement or provisions undertaking to pay the insured all sums which he shall be legally entitled to recover as damages for bodily injury or death, or would be legally entitled to recover as damages for bodily injury or death but for the immunity provided under the Mississippi Tort Claims Act, from the owner or operator of an uninsured motor vehicle, within limits which shall be no less than those set forth in the Mississippi Motor Vehicle Safety Responsibility Law, as amended, under provisions approved by the Commissioner of Insurance; however, at the option of the insured, the uninsured motorist limits may be increased to limits not to exceed those provided in the policy of bodily injury liability insurance of the insured or such lesser limits as the insured elects to carry over the minimum requirement set forth by this section. The coverage herein required shall not be applicable where any insured named in the policy shall reject the coverage in writing and provided further, that unless the named insured requests such coverage in writing, such coverage need not be provided in any renewal policy, any replacement policy with the same or substantially similar terms and conditions issued by the same insurer, and any transferred policy with the same or substantially similar terms and conditions issued by a licensed affiliate of the original insurer where the named insured had rejected the coverage in connection with a policy previously issued to him by the same insurer or a licensed affiliate of the original insurer in the same holding company.
- (2) No automobile liability insurance policy or contract shall be issued or delivered after January 1, 1980, unless it contains an endorsement or provisions undertaking to pay the insured all sums which he shall be legally entitled to recover as damages for property damage, or would be legally entitled to recover as damages for property damage but for the immunity provided under the Mississippi Tort Claims Act, from the owner or operator of an uninsured motor vehicle, within limits which shall be no less than those set forth in the Mississippi Motor Vehicle Safety Responsibility Law, as amended, under provisions approved by the Commissioner of Insurance; however, at the option of the insured, the uninsured motorist limits may be increased to limits not to exceed those provided in the policy of property damage liability insurance of the insured or such lesser limits as the insured elects to carry over the minimum requirement set forth by this section. The coverage herein required shall not be applicable where any insured named in the policy shall reject the coverage in writing and provided further, that unless the named insured requests such coverage in writing, such coverage need not be provided in any renewal policy, any replacement policy with the same or substantially similar terms and conditions issued by the same insurer, and any transferred policy with the same or substantially similar terms and conditions issued by a licensed affiliate of the original insurer where the named insured had rejected the coverage in connection with a policy previously issued to him by the same insurer or a licensed affiliate of the original insurer in the same holding company.
The property damage provision may provide an exclusion for the first Two Hundred Dollars ($200.00) of such property damage; however, the uninsured motorist provision need not insure any liability for property damage, for which loss the policyholder has been compensated by insurance or otherwise.
- (3) The insured may reject the property damage liability insurance coverage required by subsection (2) and retain the bodily injury liability insurance coverage required by subsection (1), but if the insured rejects the bodily injury liability coverage he may not retain the property damage liability coverage. No insured may have property damage liability insurance coverage under this section unless he also has bodily injury liability insurance coverage under this section.
- (4) In the course of the sale or issuance of any automobile liability insurance policy, insurers shall inform the named insured or applicant, on a form approved by the Department of Insurance, of the benefits of and reasons for electing to purchase uninsured motorist coverage. If the insured named in the policy wishes to reject uninsured motorist coverage, such form shall be signed by or on behalf of the named insured. If this form is signed by or on behalf of the named insured, it is binding upon all persons insured by the automobile liability insurance policy and it shall be presumed that there was an informed, knowing rejection and waiver of uninsured motorist coverage.
Codes, 1942, § 8285-51; Laws, 1966, ch. 524, § 1; Laws, 1974, ch. 393; Laws, 1979, chs. 429 § 2, 432, eff. 1/1/1980.
Amended by Laws, 2020, ch. 305, SB 2230,§ 1, eff. 6/10/2020.
Amended by Laws, 2018, ch. 312, SB 2311,§ 5, eff. 7/1/2018.
Amended by Laws, 2014, ch. 428, SB 2733, 1, eff. 7/1/2014.
Notes of Decisions
Cited in 113
cases (10 in the last 5 years), 1974–2025 · leading case: H.G. Perkins v. Ins. Co. of North Am., 799 F.2d 955 (5th Cir. 1986).
H.G. Perkins v. Ins. Co. of North Am., 799 F.2d 955 (5th Cir. 1986). “GARWOOD, Circuit Judge: In this Mississippi law diversity case, the district court granted defendant-appellee Insurance Company of North America’s (INA) motion for summary judgment, holding that under Miss. Code Ann. § 83-11-101 (1) plaintiff-appellant H.”
US Fid. & Guar. Co. v. Ferguson, 698 So. 2d 77 (Miss. 1997). “USF & G points to the language of Miss. Code Ann. § 83-11-101 (1) in support of their argument.”
In Re Koestler for Benefit of Koestler, 608 So. 2d 1258 (Miss. 1992). “That act has been amended and is presently codified as Miss. Code Ann. § 83-11-101 , et seq. (1972).”
Wickline v. US Fid. & Guar. Co., 530 So. 2d 708 (Miss. 1988). “Controlling to the determination of this question are (1) the uninsured motorist statute Miss. Code Ann. 83-11-101 et seq., and (2) the U.”
Medders v. U.S. Fid. & Guar. Co., 623 So. 2d 979 (Miss. 1993). “The UM statute is codified at Miss. Code Ann. § 83-11-101 (1972). It provides in relevant part, *984 No automobile liability insurance policy or contract shall be issued or delivered after January 1, 1967, unless it contains an endorsement or provisions undertaking to pay the…”
Meyers v. Am. States Ins. Co., 914 So. 2d 669 (Miss. 2005). “Miss.Code Ann. § 83-11-101 (Rev.2002). May and Co.”
Owens v. Mississippi Farm Bureau Cas. Ins. Co., 910 So. 2d 1065 (Miss. 2005). “Although we question the seemingly absolute requirement of explanation by the insurance agent, we fully agree and hold that the statutorily required waiver of UM coverage may be obtained only from a fully-informed insured.”
Employers Mut. Cas. Co. v. Tompkins, 490 So. 2d 897 (Miss. 1986). “Under the provisions of Miss. Code Ann., § 83-11-101 (Supp. 1985), we find, (1) No automobile liability insurance policy or contract shall be issued or delivered after January 1, 1967, unless it contains an endorsement or provisions undertaking to pay the insured all sums which…”
State Farm Mut. Auto. Ins. Co. v. Kuehling, 475 So. 2d 1159 (Miss. 1985). “The Mississippi Uninsured Motorist Act, Miss. Code Ann. § 83-11-101 et seq. (Supp.”
Gallagher Bassett Servs. v. Jeffcoat, 887 So. 2d 777 (Miss. 2004). “Miss.Code Ann. § 83-11-101(Rev.1999). Gallagher never denied Jeffcoat's claim or recommended such a denial.”
Aetna Cas. & Sur. Co. v. Berry, 669 So. 2d 56 (Miss. 1996). “Miss. Code Ann. § 83-11-101 , in pertinent part, provides: (1) No automobile liability insurance policy or contract shall be issued or delivered after January 1, 1967, unless it contains an endorsement or provisions undertaking to pay the insured all sums which he shall be…”
McGlothin v. State Farm Mut. Ins. Co., 925 F.3d 741 (5th Cir. 2019). “st State Farm on the issue of UM coverage, the district court concluded: under State Farm's proposed reading of the two sections, "[a]n insured would never be 'legally entitled to recover' damages from a person or entity entitled to immunity under the [MTCA]"; therefore, the…”
— Miss. Code Ann. § 83-11-101(1) — 14 cases
Owens v. Mississippi Farm Bureau Cas. Ins. Co., 910 So. 2d 1065 (Miss. 2005). “Although we question the seemingly absolute requirement of explanation by the insurance agent, we fully agree and hold that the statutorily required waiver of UM coverage may be obtained only from a fully-informed insured.”
Meyers v. Am. States Ins. Co., 914 So. 2d 669 (Miss. 2005). “Miss.Code Ann. § 83-11-101 (Rev.2002). May and Co.”
H.G. Perkins v. Ins. Co. of North Am., 799 F.2d 955 (5th Cir. 1986). “GARWOOD, Circuit Judge: In this Mississippi law diversity case, the district court granted defendant-appellee Insurance Company of North America’s (INA) motion for summary judgment, holding that under Miss. Code Ann. § 83-11-101 (1) plaintiff-appellant H.”
McLeod v. Allstate Ins., 789 So. 2d 806 (Miss. 2001).
Curry v. Travelers Indem. Co., 728 F. Supp. 1299 (S.D. Miss. 1989).
— Miss. Code Ann. § 83-11-101(1991) — 1 case
United Servs. Auto. Ass'n v. Shell, 698 So. 2d 96 (Miss. 1997).
— Miss. Code Ann. § 83-11-101(1999) — 1 case
McDaniel v. Shaklee US, Inc., 807 So. 2d 393 (Miss. 2001).
— Miss. Code Ann. § 83-11-101(2) — 2 cases
Trotter v. Fed. Ins. Co., 865 So. 2d 411 (Miss. Ct. App. 2004).
Ball v. United States Fid. & Guar. Co., 696 F. Supp. 1117 (N.D. Miss. 1988).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.