19 MAC Pt. 5, R. 3.05
Requirements
Cite as 19 Miss. Admin. Code Pt. 5, R. 3.05
Requirements
A. An insurer shall, after January 1, 2007, provide at the time of issuance and thereafter at
each time of renewal a notice that provides a statement that said policy contains a flood
and/or earthquake exclusion. The notice shall be provided to the policyholder along with
the insurance policy at the time of issuance of the policy, and thereafter shall be sent by
first class mail at each time of renewal to the address of the policyholder as indicated by
the records of the insurer. The notice should contain at a minimum the following
language in 10-point print:
1.
Flood Exclusion:
Your policy excludes coverage for damage caused by flooding of all types. This
exclusion may exclude any and all damages resulting from storm surge from a
hurricane, surface water, flash floods, waves, tidal water, tidal waves, wind driven
rain or water, or any other overflow of water, and spray from any of these events.
For further details, please see the language of your policy. The language of your
policy will control the obligations of the parties.
2.
You are further advised that to be covered for such a loss, you will have to obtain
a separate flood insurance policy through the National Flood Insurance Program
(NFIP). Your insurance agent or company representative can provide you with
information regarding obtaining flood insurance from the NFIP and whether it is
available in your location. The NFIP can provide both structure and contents
coverage.
3.
Earthquake Exclusion: (if applicable)
Your policy excludes coverage for any damages caused or precipitated by an
earthquake or earth movement. This exclusion generally excludes all damages
caused or in any way resulting from an earthquake, earth movements, tremors and
aftershocks, and also excludes earth movement, land shock waves, aftershocks or
tremors before, during or after a volcanic eruption. For further details, please see
the language of your policy. The language of the policy will control the
obligations of the parties.
You are further advised that to be covered for such a loss, you will have to obtain
a separate earthquake endorsement or special earthquake policy. Not all insurance
companies provide earthquake coverage. Your insurance agent or company
representative can provide you with information on coverage for damage due to
an earthquake.
B. Each insurer that writes homeowners and/or windstorm coverage in the State of
Mississippi shall, by September 1, 2006, send a copy of the appropriate notice required in
Section 5(A) to their residential policyholders in this State informing them of any
exclusion contained within their policy.
C. Furthermore, each insurer that writes homeowners and/or windstorm coverage in the
State of Mississippi shall provide a copy of the appropriate notice required in Section
5(A) at the time of the issuance of the policy to the policyholder of any new residential
policy written in this state between September 1, 2006, and December 31, 2006,
informing them of any exclusion contained within their policy.