Mississippi Code
Miss. Code Ann. § 83-9-11 (2026)
Application
✓ current as of July 2026
- (1) The insured shall not be bound by any statement made in an application for a policy unless a copy of such application is attached to or endorsed on the policy when issued as a part thereof. If any such policy delivered or issued for delivery to any person in this state shall be reinstated or renewed, and the insured or the beneficiary or assignee of such policy shall make written request to the insurer for a copy of the application, if any, for such reinstatement or renewal, the insurer shall, within fifteen (15) days after the receipt of such request at its home office or any branch office of the insurer, deliver or mail to the person making such request a copy of such application. If such copy shall not be so delivered or mailed, the insurer shall be precluded from introducing such application as evidence in any action or proceeding based upon or involving such policy or its reinstatement or renewal.
- (2) No alteration of any written application for any such policy shall be made by any person other than the applicant without his written consent, except that insertions may be made by the insurer, for administrative purposes only, in such manner as to indicate clearly that such insertions are not to be ascribed to the applicant.
- (3) The falsity of any statement in the application for any policy covered by Sections 83-9-1 through 83-9-21 may not bar the right to recovery thereunder unless such false statement materially affected either the acceptance of the risk or the hazard assumed by the insurer.
Codes, 1942, § 5687-05; Laws, 1956, ch. 330, § 5, eff. 7/1/1956.
Notes of Decisions
Cited in 15
cases, 1988–2003 · leading case: Provident Life & Accident Ins. v. Goel, 274 F.3d 984 (5th Cir. 2001).
Provident Life & Accident Ins. v. Goel, 274 F.3d 984 (5th Cir. 2001). “Miss. Code Ann. § 83-9-11 (2) (1972). 30 .”
Suggs v. Pan Am. Life Ins., 847 F. Supp. 1324 (S.D. Miss. 1994). “Poulos states in his affidavit that he and employee Mona Criswell were present when Suggs told Tapper that he (Suggs) was hospitalized in 1986. Plaintiff asserts that he was not aware that Tapper had answered this question incorrectly because he did not read the application…”
Lewis v. Equity Nat. Life Ins. Co., 637 So. 2d 183 (Miss. 1994). “Lewis had made a material misrepresentation on her application, thus entitling it to rescind the policy pursuant to Miss. Code Ann. § 83-9-11 (3). On June 3, 1991, Equity National and Farmer filed a motion for summary judgment, or in the alternative, a motion for partial summary…”
Thomas R. Guy, Adm'r of the Est. of Vicki R. Guy, Deceased v. Commonwealth Life Ins. Co., 894 F.2d 1407 (5th Cir. 1990). “Miss.Code Ann. § 83-9-11 (1972). Mississippi, however, has a venerable rule that where the agent of an insurance company undertakes the preparation of an application for insurance, and by mistake or omission, fails to correctly write down the answers to questions propounded to…”
Rachel B. Carroll Cynthia B. Fasano, Plaintiffs-Counter v. Metro. Ins. & Annuity Co., Defendant-Counter Claimant-Appellee, 166 F.3d 802 (5th Cir. 1999). “Miss.Code Ann. § 83-9-11(3) (1998); Prudential, 274 So.”
Mattox v. W. Fid. Ins., 694 F. Supp. 210 (N.D. Miss. 1988). “Miss.Code Ann. § 83-9-11(3) (1972). Collett says plainly that the lack of any family physician information on Mr.”
Pedersen v. Chrysler Life Ins., 677 F. Supp. 472 (N.D. Miss. 1988). “Pedersen had made material misrepresentations in the course of applying for insurance, thus justifying recission under Mississippi law.”
Massachusetts Mut. Life Ins. v. Nicholson, 775 F. Supp. 954 (N.D. Miss. 1991). “Miss.Code Ann. 83-9-11(3) (1972). “If the misstatement is material, it can make no difference as to whether or not it was made in good faith.”
Wesley v. Union Nat'l Life, 919 F. Supp. 232 (S.D. Miss. 1995). “Miss. Code Ann. § 83-9-11 (3) (1972). “If the misstatement is material, it can make no difference as to whether or not it was made in good faith.”
Guy v. Commonwealth Life Ins., 698 F. Supp. 1305 (N.D. Miss. 1988). “See also Miss.Code Ann. § 83-9-11(1). The first page of the policy contained a notice which states: We issue your policy on the basis that the information on your application is correct and complete.”
Chapman v. Safeco Ins. Co. of Am., 722 F. Supp. 285 (N.D. Miss. 1989). “Miss.Code Ann. § 83-9-11. “The materiality of a representation is determined by the probable and reasonable effect which truthful answers would have had on the insurer.”
Hancock v. Mid Am. Ins. Servs., Inc., 836 So. 2d 762 (Miss. 2003). “Miss.Code Ann. § 83-9-11(3) (1999). “The materiality of a representation is determined by the probable and reasonable effect which truthful answers would have had on the insurer.”
— Miss. Code Ann. § 83-9-11(1) — 3 cases
Suggs v. Pan Am. Life Ins., 847 F. Supp. 1324 (S.D. Miss. 1994). “Poulos states in his affidavit that he and employee Mona Criswell were present when Suggs told Tapper that he (Suggs) was hospitalized in 1986. Plaintiff asserts that he was not aware that Tapper had answered this question incorrectly because he did not read the application…”
Thomas R. Guy, Adm'r of the Est. of Vicki R. Guy, Deceased v. Commonwealth Life Ins. Co., 894 F.2d 1407 (5th Cir. 1990). “Miss.Code Ann. § 83-9-11 (1972). Mississippi, however, has a venerable rule that where the agent of an insurance company undertakes the preparation of an application for insurance, and by mistake or omission, fails to correctly write down the answers to questions propounded to…”
Guy v. Commonwealth Life Ins., 698 F. Supp. 1305 (N.D. Miss. 1988). “See also Miss.Code Ann. § 83-9-11(1). The first page of the policy contained a notice which states: We issue your policy on the basis that the information on your application is correct and complete.”
— Miss. Code Ann. § 83-9-11(3) — 7 cases
Suggs v. Pan Am. Life Ins., 847 F. Supp. 1324 (S.D. Miss. 1994). “Poulos states in his affidavit that he and employee Mona Criswell were present when Suggs told Tapper that he (Suggs) was hospitalized in 1986. Plaintiff asserts that he was not aware that Tapper had answered this question incorrectly because he did not read the application…”
Rachel B. Carroll Cynthia B. Fasano, Plaintiffs-Counter v. Metro. Ins. & Annuity Co., Defendant-Counter Claimant-Appellee, 166 F.3d 802 (5th Cir. 1999). “Miss.Code Ann. § 83-9-11(3) (1998); Prudential, 274 So.”
Mattox v. W. Fid. Ins., 694 F. Supp. 210 (N.D. Miss. 1988). “Miss.Code Ann. § 83-9-11(3) (1972). Collett says plainly that the lack of any family physician information on Mr.”
Massachusetts Mut. Life Ins. v. Nicholson, 775 F. Supp. 954 (N.D. Miss. 1991). “Miss.Code Ann. 83-9-11(3) (1972). “If the misstatement is material, it can make no difference as to whether or not it was made in good faith.”
Hancock v. Mid Am. Ins. Servs., Inc., 836 So. 2d 762 (Miss. 2003). “Miss.Code Ann. § 83-9-11(3) (1999). “The materiality of a representation is determined by the probable and reasonable effect which truthful answers would have had on the insurer.”
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