19 MAC Pt. 3, R. 3.01
WHEREAS, a marked degree of confusion exists in this state by reason of various
Cite as 19 Miss. Admin. Code Pt. 3, R. 3.01
WHEREAS, a marked degree of confusion exists in this state by reason of various
interpretations relative to use of the terms “non-cancellable” and guaranteed
renewable”insurance, it is deemed in the public interest for the Mississippi Insurance
Department toadopt the interpretation of the National Association of Insurance Commissions
with reference to such terms approved in December 1959, which interpretation is as follows:
The terms “non-cancellable” or “non-cancelable and guaranteed renewable” may be used only
in a policy which the insured has the right to continue in force by the timely payment of
premiums set forth in the policy(1) until at least age 50, or (2) in the case of a policy issued
after age 44, forat least five years from its date of issue, during which period the insurer has no
right to make unilaterally any change in any provision of the policy while the policy is in force.
Except as provided above, the term “guaranteed renewable” may be usedonly in a policy
which the insured has the right to continue in force by the timely payment of premiums (1)
until at least age 50, or (2) in the case of a policy issued after age 44, for at least five years
from its date of issue, during which period the insurer has no
right to make unilaterally
any change in any provision of the policy while the policy is in force, except that the insurer
may make changes in premiumrates by classes.
The foregoing limitation on use of the term ‘non-cancellable” shall also apply to any
synonymous term such as “ not cancellable” and the limitation on use of the term “guaranteed
renewable” shall apply to any synonymous term such as “guaranteed continuable.”
Nothing herein contained is intended to restrict the development of policies having other
guarantees of renewability, or to prevent the accurate description of their terms of renewability
or the classification of such policies as guaranteed renewable or non-cancellable for any period
during which they may actually be such, provided the terms used to describe them in policy
contracts and advertising are not such as may readily be confused with the above terms.
Adoption of the above interpretation shall be effective as of the date of this Order as to new
policy approvals; any policy forms now approved which are in conflict with the above
interpretation are hereby disapproved for sale in the State of Mississippi on and after January
1, 1963.
So Ordered this 24TH Day of July, 1962.
Source: Miss code Ann §§83-5-1; 83-5-29 (Rev. 2011)
Part 3 Chapter 4: Accident and Health Insurance Policies, Rates and Other Endorsement
Filings (As Amended).
Section 83-9-5(7), Mississippi Code of 1972, Annotated, provides that the Commissioner of
Insurance may make reasonable rules and regulations concerning the procedure for the filing
or submission of accident and sickness insurance policies.
Pursuant to such authority, every insurance company, either foreign or domestic, authorized
to transact accident and sickness business in the State of Mississippi shall, before any policy is
issued, file a copy of such policy, accompanied by a rate filing applicable to such policy. In
case of any change, including a change of premium rate on any accident and sickness policy,
such rate shall be filed with the Department, together with information indicating to what
policy same is applicable, the date such change in premium rate will be applicable, and all
other information relevant to such change in rate. No premium or rate of premium shall be
changed by any company, applicable to any accident and sickness policy, until such change
has been made in the manner herein provided and acknowledgment of such filing made by the
Department.
No benefit changes shall be implemented by any insurance company applicable to any
accident and sickness policy until written notice is provided to the policyholder at least
seventy-five (75) days prior to the effective date of the benefit change. For the purposes of this
Regulation, the term “benefit change” shall mean any change to the choice of benefits, benefit
limits or benefit duration limits that are not requested by a policyholder. Notice of the benefit
changes may be sent by U.S. Mail or electronically where the policyholder conducts
transactions with the insurance company electronically, subject to the provisions of the
Mississippi Uniform Electronic Transactions Act.
No insurance company shall ever, under any circumstances, attempt to place any change of rate
or any other change in a policy form into effect except after such change has been filed in this
office and acknowledged, and where required by law, approved. In particular, any notice to
an insured that a change in policy is being made, either a rate or other change, is prohibited
except after filing of such change, acknowledgment thereof, and where required by law,
approval. Any change as to a policy already issued may be effected only by endorsement
attached to and made a part of such policy.
Additionally, no rate increase shall be implemented by any insurance company applicable to
any accident and sickness policy unless written notice is provided to the policyholder at least
seventy- five (75) days prior to the effective date of the increase. Notice of the rate increase
may be sent by U.S. mail or electronically where the policyholder conducts transactions with
the insurance company electronically.
Every policy or other filing provided for under these rules shall be accompanied by a cover
letter, in duplicate, setting out the number and a brief description of such form.
All policy filings must comply with all provisions of the law of this State applicable thereto
and this and all other rules of this office pertaining thereto. Nothing herein shall be
interpreted as rescinding any other rule and regulation, but these rules are to be interpreted as
cumulative to the requirements of any other rules pertaining to the subject matter hereof.
The provisions of this Regulation shall not apply to long-term care insurance or any accident
and health group plan that is preempted by the provisions of The Employee Retirement
Income Security Act of 1974.
The amendments to this Regulation shall become effective on and after January 1,
2021.