No notice of cancellation of a policy to which Section 83-11-3 applies shall be effective unless mailed or delivered by the insurer to the named insured and to any named creditor loss payee at least thirty (30) days prior to the effective date of cancellation; provided, however, that where cancellation is for nonpayment of premium at least ten (10) days' notice of cancellation accompanied by the reason therefor shall be given. Unless the reason accompanies or is included in the notice of cancellation, the notice of cancellation shall state or be accompanied by a statement that upon written request of the named insured, mailed or delivered to the insurer not less than fifteen (15) days prior to the effective date of cancellation, the insurer will specify the reason for such cancellation.
This section shall not apply to nonrenewal unless there is a named creditor loss payee.
Codes, 1942, § 5670.8-103; Laws, 1970, ch. 450, § 3; Laws, 1989, ch. 410, § 2; Laws, 2006, ch. 480, § 2, eff. 7/1/2006.
Notes of Decisions
Gorman v. Se. Fid. Ins., 621 F. Supp. 33 (S.D. Miss. 1985).
· cites it 3× “§ 83-11-5 and § 83-11-7 (1972) requires an automobile insurance carrier to notify its insured that his policy is about to expire and that it is willing to renew the existing or expiring policy. In light of this unsettled principal of law and defendant’s reliance upon the advice…”
Carter v. Allstate Indem. Co., 592 So. 2d 66 (Miss. 1991).
· cites it 2× “1988), the appellants asked this Court to construe the word "given" in Miss. Code Ann. § 83-11-5 (1972). This section provides: No notice of cancellation of a policy to which section 83-11-3 applies shall be effective unless mailed or delivered by the insurer to the named…”
Karl R. Gorman v. Se. Fid. Ins. Co., 775 F.2d 655 (5th Cir. 1985).
“Miss.Code Ann. § 83-11-5 (1972). Section 83-11-7 is entitled “Nonrenewal” and provides: No insurer shall fail to renew a policy unless it shall mail or deliver to the named insured, at the address shown in *659 the policy, at least thirty (30) days’ advance notice of its…”
State Farm Ins. Co. v. Gay, 526 So. 2d 534 (Miss. 1988).
“Aggrieved of this, Gay filed an appeal with the Commissioner of Insurance, in which action Gay claimed State Farm had violated Miss. Code Ann. § 83-11-5 (1972), our statute providing Notice of Cancellation of a policy.”
Branch v. State Farm Fire & Cas. Co., 759 So. 2d 430 (Miss. Ct. App. 2000).
· cites it 3× “State Farm argues that they properly followed the procedures enumerated in Miss.Code Ann. §§ 83-11-5 and 83-11-9 (Rev.”
McDonald v. Lemon-Mohler Ins. Agency, LLC, 183 So. 3d 118 (Miss. Ct. App. 2015).
“See Miss.Code Ann. § 83-11-5 (Rev.2011) (‘‘[Wlhere cancellation is for nonpayment of premiumf,] at least ten (10) days’ notice of cancellation accompanied by the reason therefor shall be given[.”
Washington v. Direct Gen. Ins. Agency, 130 F. Supp. 2d 820 (S.D. Miss. 2000).
“Miss.Code Ann. § 83-11-5 states: No notice of cancellation of a policy to which Section 83-11-3 applies shall be effective unless mailed or delivered by the insurer to the named insured at least thirty (30) days prior to the effective date of cancellation; provided, however,…”
Traylor v. Colonial Ins. Co. of California, 738 So. 2d 769 (Miss. Ct. App. 1999).
· cites it 2× “Miss.Code Ann. § 83-11-5 (1998 Supp.). This statute has been interpreted to create a rebuttable presumption of receipt of cancellation by the insured if the insurer claims to have mailed the notice and has proof of mailing.”
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