Mississippi Code
Miss. Code Ann. § 83-17-1 (2026)
Agent defined
✓ current as of July 2026
Whenever used in this chapter, the following words shall have the meanings ascribed herein unless the context clearly indicates otherwise:
- (a) "Agent" means an insurance producer as defined in this section.
- (b) "Nonactive agent" means an individual who is retired, disabled or has not obtained from the Commissioner of Insurance a current continuous certificate. A nonactive agent shall not solicit new business or service existing businesses, but may receive renewal commissions.
- (c) "Supervising general agent" refers to and includes any person, partnership, association or corporation having authority to serve as trustees, managers or administrators, except attorneys at law, for such licensed insurance companies or their insureds in the handling of insurance programs underwritten by such licensed insurance companies, or in which they may be participating.
- (d) "Excess risk" means all or any portion of an insurance risk or contract of annuity for which application is made to an agent and which exceeds the amount of insurance or annuity which will be provided by the insurer for which such agent is licensed.
- (e) "Rejected risk" means an insurance risk or annuity contract for which application has been made to an agent and which insurance or annuity contract is declined by the insurer for which such agent is licensed.
- (f) "Insurance producer" means a person required to be licensed under the laws of this state to sell, solicit or negotiate insurance.
- (g) "Commissioner" means the Commissioner of Insurance of the State of Mississippi.
- (h) "Controlled business" means policies of insurance to be issued to a producer, agent or to his relatives, business associates, employers or employees, or in which they or either of them have an interest. No license shall be granted or renewed to any agent or producer until the applicant certifies with the Commissioner of Insurance that the applicant shall in good faith engage in the insurance business as agent or producer, and that he is not seeking a license for the purpose of acquiring or saving commissions, premiums or other valuable considerations on "controlled business." A violation of this paragraph shall be deemed to be probable if the commissioner finds that during any twenty-four-month period aggregate commissions or other compensations accruing in favor of the applicant with respect to his own interests or those of his family, relatives, employers, employees or business associates, as provided herein, have exceeded or will exceed thirty-five percent (35%) of the aggregate amount of commissions accruing to him as agent or his agency during such period of time. Nothing herein contained shall prohibit the licensing under a limited license as to motor vehicle physical damage insurance, any person employed by or associated with a motor vehicle sales agency with respect to insurance on a motor vehicle sold, serviced or financed by it. Whenever employment is terminated of any such person employed by or associated with any such agency, the Commissioner of Insurance shall be notified, and the license shall be cancelled immediately. It is further provided that the provisions of this paragraph likewise shall not apply with respect to sales of insurance by a lender or its affiliate covering the insurable interest of the lender.
Codes, 1892, § 2342; 1906, § 2615; Hemingway's 1917, § 5078; 1930, § 5196; 1942, § 5706; Laws, 1989, ch. 543, § 1; Laws, 2001, ch. 510, § 31; Laws, 2009, ch. 448, § 5, eff. 11/1/2009.
Brought forward by Laws, 2015, ch. 364, SB 2443, 5, eff. 7/1/2015.
Notes of Decisions
Cited in 28
cases, 1977–2018 · leading case: Us Fid. & Guar. Co. v. Est. of Francis, 825 So. 2d 38 (Miss. 2002).
Us Fid. & Guar. Co. v. Est. of Francis, 825 So. 2d 38 (Miss. 2002). “Miss.Code Ann. § 83-17-1 (1999) [4] , *52 which defines an agent, was enacted "to prevent insurers from operating through third persons and later denying responsibility for the acts of those persons.”
Cent. Insurers of Grenada, Inc. v. William Greenwood, 268 So. 3d 493 (Miss. 2018). “, KING, COLEMAN, MAXWELL, BEAM, CHAMBERLIN AND ISHEE, JJ.”
Ford v. Lamar Life Ins. Co., 513 So. 2d 880 (Miss. 1987). “Miss. Code Ann. § 83-17-1 (1972) provides, in pertinent part, that "every person *888 [who performs certain actions] for or on behalf of any insurance company .”
Booker Ex Rel. Lloyd's of London v. Pettey, 770 So. 2d 39 (Miss. 2000). “The instruction given here is the exact same language found in the statute, Miss.Code Ann. § 83-17-1 (1999), as follows: Every person who solicits insurance on behalf of any insurance company, or who takes or transmits, other than for himself, an application for insurance or a…”
Deramus v. Donovan, Leisure, Newton, 905 A.2d 164 (D.C. 2006). “She claims that several parties could have been sued either under Miss.Code Ann. § 83-17-1 (1972), 13 which (she maintains) imposed liability on agents in insurance matters who had knowledge of information also possessed by their principal, or under the 1985 Rules and…”
Suggs v. Pan Am. Life Ins., 847 F. Supp. 1324 (S.D. Miss. 1994). “§ 83-17-1 (1972) which, in pertinent part, states; Every person who solicits insurance on behalf of any insurance company, or who takes or transmits, other than for himself, an application for insurance or a policy of insurance, or who advertises or otherwise gives notice that…”
Nat'l Life & Acc. Ins. Co. v. Miller, 484 So. 2d 329 (Miss. 1985). “Miss. Code Ann. § 83-17-1 (1972) reads as follows: Every person who solicits insurance on behalf of any insurance company, or who takes or transmits, other than for himself, an application for insurance or a policy of insurance, or who advertises or otherwise gives notice that…”
Boyd Black, Cross-Appellant v. Fid. & Guar. Ins. Underwriters, Inc., Cross-Appellee, 582 F.2d 984 (5th Cir. 1978). “For example, plaintiff testified that, according to the driver’s stepfather, the driver had purchased the automobile. Nonetheless, if the jury believed this testimony, it could obviously have concluded that the vehicle was uninsured, *990 since neither the driver nor his…”
Smith Trucking, Inc. v. Cotton Belt Ins. Co., Inc., Defendant-Third-Party v. Tate Ins. Agency, Inc., & John G. Effler, Third-Party, 556 F.2d 1297 (3rd Cir. 1977). “2 Under the facts of the case sub judice however we need not essay to assess precisely Tate Agency’s authority acting solely to bind Cotton Belt because all of Tate Agency’s actions in the premises were fully known to, acquiesced in and ratified by Dupuy-Busching.”
McCann v. Gulf Nat. Life Ins. Co., 574 So. 2d 654 (Miss. 1990). “Co., 513 So.2d 880, 888 (Miss. 1987). The doctrine of estoppel is applicable to the agency relationship.”
Est. of Jackson v. Miss. Life Ins. Co., 755 So. 2d 15 (Miss. Ct. App. 1999). “" Miss.Code Ann. § 83-17-1 (Rev.1991). If a bank employee is authorized to sell credit life insurance on the bank's loans, the supreme court has held that the employee is an agent for both the insurance company as well as the bank.”
Bolivar Cnty. Bd. of Supervisors v. Forum Ins. Co., 779 F.2d 1081 (5th Cir. 1986). “The applicability of Miss.Code Ann. § 83-17-1 (1972) has not been raised by either party and is not before the Court.”
— Miss. Code Ann. § 83-17-1(a) — 2 cases
Miller v. Parker McCurley Props., L.L.C., 36 So. 3d 1234 (Miss. 2010).
Alexander v. AIG Agency Auto, Inc., 138 So. 3d 190 (Miss. Ct. App. 2013).
— Miss. Code Ann. § 83-17-1(b) — 1 case
King Metal Bldgs., Inc. v. Renasant Ins., Inc., 159 So. 3d 567 (Miss. Ct. App. 2014).
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