Mississippi Code

Miss. Code Ann. § 83-9-5 (2026)

Policy provisions

✓ current as of July 2026
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Codes, 1942, § 5687-03; Laws, 1956, ch. 330, § 3; Laws, 1989, ch. 466, § 1; Laws, 1991, ch. 474, § 2; Laws, 2002, ch. 575, § 1, eff. 1/1/2003.

Amended by Laws, 2024, ch. 351, HB 871,§ 1, eff. 7/1/2024.

Amended by Laws, 2024, ch. 359, HB 1079,§ 1, eff. 4/17/2024.

Amended by Laws, 2020, ch. 420, HB 95,§ 1, eff. 7/1/2020.

Amended by Laws, 2019, ch. 383, HB 628,§ 1, eff. 7/1/2019.

Reenacted by Laws, 2014, ch. 404, HB 547, 2, eff. 7/1/2014.

Amended by Laws, 2013, ch. 302, HB 374, 2, eff. 7/1/2013.


Notes of Decisions
Cited in 16 cases (4 in the last 5 years), 1990–2025 · leading case: Heimeshoff v. Hartford Life & Accident Ins. Co., 134 S. Ct. 604 (2013).
Heimeshoff v. Hartford Life & Accident Ins. Co., 134 S. Ct. 604 (2013). “04(2)(11) (2012) ; Miss.Code Ann. § 83-9-5(1)(k) (2011) ; Mo.”
Lewis v. Equity Nat. Life Ins. Co., 637 So. 2d 183 (Miss. 1994). · cites it 2× “Miss. Code Ann. § 83-9-5 (1)(f) specifies that, upon receipt of a notice of claim, the insurer shall furnish a claim form within fifteen days.”
In Re Managed Care Litig., 298 F. Supp. 2d 1259 (S.D. Fla. 2003). “Code § 27-1-19; Miss.Code Ann. § 83-9-5; Tex. Ins.Code Ann.”
Quinton E. Neville v. Am. Repub. Ins. Co., 912 F.2d 813 (5th Cir. 1990). · cites it 2× “Pursuant to Miss.Code Ann. § 83-9-5(1), the wording utilized in the policy incontestability clause may vary from the statutory language, provided it is (1) approved by the Mississippi Commissioner of Insurance and (2) is "not less favorable in any respect to the insured-”…”
Mississippi State & Sch. Employees' Life & Health Plan v. KCC, Inc., 108 So. 3d 932 (Miss. 2013). “2011); Miss.Code Ann. 83-9-5 (Supp.2012). Both of those sections deal with the scope and coverage of an insurance policy, matters soundly within the jurisdiction of the Board under Section 25-15-303(3).”
Jackson v. State Farm Mut. Auto. Ins. Co., 880 So. 2d 336 (Miss. 2004). “Miss.Code Ann. § 83-9-5(e) (Rev.1999). No suit may be brought sooner than sixty days after written proof of loss has been given nor later than three years after the proof of loss.”
Jackson v. State Farm Mut. Auto. Ins. Co., 852 So. 2d 641 (Miss. Ct. App. 2003). · cites it 2× “Miss.Code Ann. § 83-9-5(e) (Rev.1999). No suit may be brought sooner than sixty days after written proof of loss has been given nor later than three years after the proof of loss.”
Hood v. Cent. United Life Ins., 664 F. Supp. 2d 672 (N.D. Miss. 2009). · cites it 3× “Hood now argues the correct statute of limitations is found in Miss.Code Ann. § 83-9-5 1 and that a new limitations period began with each denial of payment.”
Travis v. Hartford Acc. & Indem. Co., 630 So. 2d 337 (Miss. 1993). “While Miss. Code Ann. § 83-9-5 (1)(h)(1) (1972) is not applicable to workers' compensation law, it is of interest that in a health care policy setting, insurance carriers are statutorily required to pay all benefits due under a policy within forty-five (45) days after receipt of…”
Rasberry v. Blue Cross & Blue Shield of Miss., 850 So. 2d 1194 (Miss. Ct. App. 2002). “Miss.Code Ann. § 83-9-5(h) (Rev.1999). The attorney for the plaintiffs exchanged several letters with Blue Cross regarding the coordination of benefits with other insurance providers and the need for the subrogation or reimbursement agreement to be executed.”
Montgomery v. Safeco Ins. Co. of Illinois, 99 So. 3d 225 (Miss. Ct. App. 2012). “Miss.Code Ann. § 83-9-5(k). Falesca contends that based on the statute, the statute of limitations in the present case could not begin to run on January 4, 2006 or before.”
Bennett v. Allstate Ins. Co. (S.D. Miss. 2022). · cites it 2× “Miss. Code Ann. § 83-9-5 (1)(h)(1). Contrary to Plaintiff’s assertion, § 83-9-5(1)(h)(1) is inapplicable to the Policy at issue here.”
— Miss. Code Ann. § 83-9-5(1) — 2 cases
Quinton E. Neville v. Am. Repub. Ins. Co., 912 F.2d 813 (5th Cir. 1990). “Pursuant to Miss.Code Ann. § 83-9-5(1), the wording utilized in the policy incontestability clause may vary from the statutory language, provided it is (1) approved by the Mississippi Commissioner of Insurance and (2) is "not less favorable in any respect to the insured-”…”
Hood v. Cent. United Life Ins., 664 F. Supp. 2d 672 (N.D. Miss. 2009). “Hood now argues the correct statute of limitations is found in Miss.Code Ann. § 83-9-5 1 and that a new limitations period began with each denial of payment.”
— Miss. Code Ann. § 83-9-5(1)(i) — 1 case
— Miss. Code Ann. § 83-9-5(1)(k) — 1 case
Heimeshoff v. Hartford Life & Accident Ins. Co., 134 S. Ct. 604 (2013). “04(2)(11) (2012) ; Miss.Code Ann. § 83-9-5(1)(k) (2011) ; Mo.”
— Miss. Code Ann. § 83-9-5(e) — 2 cases
Jackson v. State Farm Mut. Auto. Ins. Co., 880 So. 2d 336 (Miss. 2004). “Miss.Code Ann. § 83-9-5(e) (Rev.1999). No suit may be brought sooner than sixty days after written proof of loss has been given nor later than three years after the proof of loss.”
Jackson v. State Farm Mut. Auto. Ins. Co., 852 So. 2d 641 (Miss. Ct. App. 2003). “Miss.Code Ann. § 83-9-5(e) (Rev.1999). No suit may be brought sooner than sixty days after written proof of loss has been given nor later than three years after the proof of loss.”
— Miss. Code Ann. § 83-9-5(h) — 1 case
Rasberry v. Blue Cross & Blue Shield of Miss., 850 So. 2d 1194 (Miss. Ct. App. 2002). “Miss.Code Ann. § 83-9-5(h) (Rev.1999). The attorney for the plaintiffs exchanged several letters with Blue Cross regarding the coordination of benefits with other insurance providers and the need for the subrogation or reimbursement agreement to be executed.”
— Miss. Code Ann. § 83-9-5(k) — 2 cases
Jackson v. State Farm Mut. Auto. Ins. Co., 852 So. 2d 641 (Miss. Ct. App. 2003). “Miss.Code Ann. § 83-9-5(e) (Rev.1999). No suit may be brought sooner than sixty days after written proof of loss has been given nor later than three years after the proof of loss.”
Montgomery v. Safeco Ins. Co. of Illinois, 99 So. 3d 225 (Miss. Ct. App. 2012). “Miss.Code Ann. § 83-9-5(k). Falesca contends that based on the statute, the statute of limitations in the present case could not begin to run on January 4, 2006 or before.”
— Miss. Code Ann. § 83-9-5(l)(b) — 1 case
Quinton E. Neville v. Am. Repub. Ins. Co., 912 F.2d 813 (5th Cir. 1990). “Pursuant to Miss.Code Ann. § 83-9-5(1), the wording utilized in the policy incontestability clause may vary from the statutory language, provided it is (1) approved by the Mississippi Commissioner of Insurance and (2) is "not less favorable in any respect to the insured-”…”
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