Mississippi Code

Miss. Code Ann. § 83-11-103 (2026)

Definitions

✓ current as of July 2026

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As used in this article:

(a) The term "bodily injury" shall include death resulting from such injury.

(b) The term "insured" shall mean the named insured and, while resident of the same household, the spouse of any such named insured and relatives of either, while in a motor vehicle or otherwise, and any person who uses, with the consent, expressed or implied, of the named insured, the motor vehicle to which the policy applies, and a guest in such motor vehicle to which the policy applies, or the personal representative of any of the above. The definition of the term "insured" given in this section shall apply only to the uninsured motorist portion of the policy.

(c) The term "uninsured motor vehicle" shall mean:
- (i) A motor vehicle as to which there is no bodily injury liability insurance; or
- (ii) A motor vehicle as to which there is such insurance in existence, but the insurance company writing the same has legally denied coverage thereunder or is unable, because of being insolvent at the time of or becoming insolvent during the twelve (12) months following the accident, to make payment with respect to the legal liability of its insured; or
- (iii) An insured motor vehicle, when the liability insurer of such vehicle has provided limits of bodily injury liability for its insured which are less than the limits applicable to the injured person provided under his uninsured motorist coverage; or
- (iv) A motor vehicle as to which there is no bond or deposit of cash or securities in lieu of such bodily injury and property damage liability insurance or other compliance with the state financial responsibility law, or where there is such bond or deposit of cash or securities, but such bond or deposit is less than the legal liability of the injuring party; or
- (v) A motor vehicle of which the owner or operator is unknown; provided that in order for the insured to recover under the endorsement where the owner or operator of any motor vehicle which causes bodily injury to the insured is unknown, actual physical contact must have occurred between the motor vehicle owned or operated by such unknown person and the person or property of the insured; or
- (vi) A motor vehicle owned or operated by a person protected by immunity under the Mississippi Tort Claims Act, Title 11, Chapter 46, Mississippi Code of 1972, if the insured has exhausted all administrative remedies under that chapter.

No vehicle shall be considered uninsured that is owned by the United States government and against which a claim may be made under the Federal Tort Claims Act, as amended.

Codes, 1942, § 8285-52; Laws, 1966, ch. 524, § 2; Laws, 1979, ch. 429, § 1; Laws, 2009, ch. 451, § 1, eff. 7/1/2009.

Notes of Decisions

Cited in 91 cases (7 in the last 5 years), 1976–2026 · leading case: Wickline v. US Fid. & Guar. Co., 530 So. 2d 708 (Miss. 1988).

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Wickline v. US Fid. & Guar. Co., 530 So. 2d 708 (Miss. 1988). · cites it 6× “Miss. Code Ann. § 83-11-103 (c)(i) (Supp.”

Aetna Cas. & Sur. Co. v. Williams, 623 So. 2d 1005 (Miss. 1993). · cites it 6× “This policy language follows exactly the definition of "insured" provided by Miss. Code Ann. § 83-11-103 (b) (Supp. 1986).”

Wise v. United Servs. Auto. Ass'n, 861 So. 2d 308 (Miss. 2003). · cites it 8× “" The definition of "uninsured motor vehicle" is set out in Miss.Code Ann. § 83-11-103 (Rev.1999): (c) The term "uninsured motor vehicle" shall mean: (iii) An insured motor vehicle, when the liability insurer of such vehicle has provided limits of bodily injury liability for its…”

Matter of Guardianship of Lacy, 649 So. 2d 195 (Miss. 1995). · cites it 9× “Lacy asserted that the uninsured motorist coverage applicable to all insured parties should be aggregated in order that the amount exceeds the liability coverage on the negligent vehicle, thus rendering the driver "uninsured" within the meaning of Miss. Code Ann. § 83-11-103…”

Meyers v. Am. States Ins. Co., 914 So. 2d 669 (Miss. 2005). · cites it 4× “2d at 931 (quoting Miss.Code Ann. § 83-11-103(b) (1999)) (emphasis omitted).”

Watkins v. Allstate Prop & Cslty Ins, 90 F.4th 814 (5th Cir. 2024). · cites it 3× “” Miss. Code Ann. § 83-11-103 (c)(iii) defines an “underinsured” vehicle as a “[a]n insured motor vehicle, when the liability insurer of such vehicle has provided limits of bodily injury for its insured which are less than the limits applicable to the injured person provided…”

J & W FOODS CORP. v. State Farm Mut. Ins., 723 So. 2d 550 (Miss. 1998). · cites it 3× “Miss.Code Ann. § 83-11-103(b). ¶ 6. Generally, the "named insured" refers only to the name actually appearing on the insurance policy.”

McGlothin v. State Farm Mut. Ins. Co., 297 F. Supp. 3d 635 (S.D. Miss. 2018). · cites it 8× “" Miss. Code Ann. § 83-11-103 (c)(vi). State Farm concedes that "the legislature intended for an individual referenced in section (vi) to be considered an uninsured motorist.”

Dixie Ins. Co. v. State Farm Mut. Auto. Ins. Co., 614 So. 2d 918 (Miss. 1992). · cites it 4× “See Miss. Code Ann. § 83-11-103 (c)(iii) (1972).”

Mississippi Farm Bureau Cas. v. Curtis, 678 So. 2d 983 (Miss. 1996). · cites it 3× “Miss. Code Ann. § 83-11-103 (b) (1991). According to these definitions, the Deceased is not an "insured" under the policies at issue in the case sub judice because he was not a permissible driver in any of the vehicles covered by the Farm Bureau Casualty policies, including a…”

McDaniel v. Shaklee US, Inc., 807 So. 2d 393 (Miss. 2001). · cites it 3× “Miss.Code Ann. § 83-11-101 (1999) (Emphasis added).”

Massachusetts Bay Ins. Co. v. Joyner, 763 So. 2d 877 (Miss. 2000). · cites it 5× “The insurers argue that the only possible way to determine that the black SUV was uninsured is pursuant to Miss. Code Ann. § 83-11-103 (v). Because there was no "physical contact" between the black SUV and Evelyn Joyner's vehicle, they urge that the black SUV cannot be an…”

Show all 91 citing cases →

— Miss. Code Ann. § 83-11-103(b) — 19 cases

Meyers v. Am. States Ins. Co., 914 So. 2d 669 (Miss. 2005). “2d at 931 (quoting Miss.Code Ann. § 83-11-103(b) (1999)) (emphasis omitted).”

J & W FOODS CORP. v. State Farm Mut. Ins., 723 So. 2d 550 (Miss. 1998). “Miss.Code Ann. § 83-11-103(b). ¶ 6. Generally, the "named insured" refers only to the name actually appearing on the insurance policy.”

Mascarella v. US Fid. & Guar. Co., 833 So. 2d 575 (Miss. 2002).

Harris v. Magee, 573 So. 2d 646 (Miss. 1990).

McDaniel v. Shaklee US, Inc., 807 So. 2d 393 (Miss. 2001). “Miss.Code Ann. § 83-11-101 (1999) (Emphasis added).”

— Miss. Code Ann. § 83-11-103(b)(1991) — 3 cases

Steinwinder v. Aetna Cas. & Sur. Co., 742 So. 2d 1150 (Miss. 1999).

J & W Foods Corp. v. State Farm Auto. Ins. Co. (Miss. 1996).

— Miss. Code Ann. § 83-11-103(b)(1999) — 1 case

Glennon v. State Farm Mut. Auto. Ins. Co., 812 So. 2d 927 (Miss. 2002).

— Miss. Code Ann. § 83-11-103(c) — 5 cases

Wise v. United Servs. Auto. Ass'n, 861 So. 2d 308 (Miss. 2003). “" The definition of "uninsured motor vehicle" is set out in Miss.Code Ann. § 83-11-103 (Rev.1999): (c) The term "uninsured motor vehicle" shall mean: (iii) An insured motor vehicle, when the liability insurer of such vehicle has provided limits of bodily injury liability for its…”

Watkins v. Allstate Prop & Cslty Ins, 90 F.4th 814 (5th Cir. 2024). “” Miss. Code Ann. § 83-11-103 (c)(iii) defines an “underinsured” vehicle as a “[a]n insured motor vehicle, when the liability insurer of such vehicle has provided limits of bodily injury for its insured which are less than the limits applicable to the injured person provided…”

Massachusetts Bay Ins. Co. v. Joyner, 763 So. 2d 877 (Miss. 2000). “The insurers argue that the only possible way to determine that the black SUV was uninsured is pursuant to Miss. Code Ann. § 83-11-103 (v). Because there was no "physical contact" between the black SUV and Evelyn Joyner's vehicle, they urge that the black SUV cannot be an…”

Wilson v. Nationwide Mut. Ins., 667 F. Supp. 349 (N.D. Miss. 1987).

Rohr v. Allstate Ins Co (5th Cir. 2007).

— Miss. Code Ann. § 83-11-103(c)(1999) — 1 case

— Miss. Code Ann. § 83-11-103(c)(i) — 1 case

Katherine Thompson v. State Farm Fire & Cas. Co. (Miss. Ct. App. 2025).

— Miss. Code Ann. § 83-11-103(c)(iii) — 8 cases

Meyers v. Am. States Ins. Co., 914 So. 2d 669 (Miss. 2005). “2d at 931 (quoting Miss.Code Ann. § 83-11-103(b) (1999)) (emphasis omitted).”

McDaniel v. Shaklee US, Inc., 807 So. 2d 393 (Miss. 2001). “Miss.Code Ann. § 83-11-101 (1999) (Emphasis added).”

Mascarella v. US Fid. & Guar. Co., 833 So. 2d 575 (Miss. 2002).

Nationwide Mut. Ins. v. Dunning, 252 F.3d 712 (5th Cir. 2001).

Nettles v. Travelers Prop. Cas. Ins., 375 F. Supp. 2d 489 (S.D. Miss. 2005).

— Miss. Code Ann. § 83-11-103(c)(iii)(1999) — 1 case

Glennon v. State Farm Mut. Auto. Ins. Co., 812 So. 2d 927 (Miss. 2002).

— Miss. Code Ann. § 83-11-103(c)(v) — 5 cases

Mitchell v. United Servs. Auto. Assn. of San Antonio, 831 So. 2d 1144 (Miss. 2002).

Elchehimi v. Nationwide Ins. Co., 183 S.W.3d 833 (Tex. App. 2005).

Autry Ex Rel. Autry v. Nationwide Gen. Ins., 948 F. Supp. 615 (S.D. Miss. 1996).

Bauer v. Gov't Employees Ins., 61 F. Supp. 2d 514 (E.D. La. 1999).

— Miss. Code Ann. § 83-11-103(e)(v) — 1 case

Autry Ex Rel. Autry v. Nationwide Gen. Ins., 948 F. Supp. 615 (S.D. Miss. 1996).

— Miss. Code Ann. § 83-11-103(v) — 3 cases

Mitchell v. United Servs. Auto. Assn. of San Antonio, 831 So. 2d 1144 (Miss. 2002).

Massachusetts Bay Ins. Co. v. Robert Joyner (Miss. 1999).

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