5 MAC Pt. 3, R. 1.3
Insurance: General
Cite as 5 Miss. Admin. Code Pt. 3, R. 1.3
Insurance: General
1. All insurance policies issued by or through a Licensee or an agent of a Licensee shall be
written only through insurance companies authorized to do business in the State of
Mississippi and only through an insurance agent or broker licensed by the State of
Mississippi. Only licensed agents or brokers shall solicit sales of insurance coverage. The
insurance license of the agent or broker shall be current and conspicuously posted in the
Licensee’s office.
2. A Licensee shall not require additional insurance from or procure additional insurance for
the borrower if the borrower furnishes to the lender evidence of insurance sufficient to
protect the full amount of the lender's lien. Such evidence shall indicate that the premium
has been paid and the certificate of insurance shall name the Licensee as loss payee.
3. A Licensee shall accept properly endorsed pre-existing insurance policies owned by the
borrower at the time of the making of a loan.
4. Each Licensee shall maintain in its licensed office a copy of all insurance policies issued.
Records for all policies issued by or through the Licensee or an agent of Licensee, shall
indicate the name and address of the insurance company and the insured borrower, name of
second beneficiary, type of insurance, premium amount, amount of coverage, term of
policy, and any property covered by such policy.
5. Each Licensee shall maintain a file in its licensed office containing all pertinent information
regarding claims made under any insurance sold with proof of payment made to or on
behalf of the borrower or designated beneficiary, or a signed receipt from the borrower or
beneficiary acknowledging receipt of payment.
6. A copy of all documentation including the initial claim worksheet and all correspondence
pertaining to an insurance claim shall be maintained for twenty-four (24) months after the
date of the final transaction.
7. An original copy of the policy or certificate shall be given to the borrower and a copy shall
be retained in the borrower's loan file.
8. A licensee shall maintain documentation of all insurance rates approved by the Mississippi
Department of Insurance.
9. In the event of a loss, the Licensee shall, upon being notified by the borrower of such loss,
promptly report such fact to the insurance company and when requested by the borrower,
advise and assist the borrower in completing the necessary forms to report to the insurance
company or its designated claim agent or representative. The Licensee shall exercise
reasonable efforts to insure that such claim is processed without undue delay in accordance
with the terms of the policy.
10. In the event of the payment of a loan in full one or more months prior to the maturity date,
whether by cash, new loan renewal, or refinancing, the insurance policy(s) or certificates
shall be cancelled and the borrowers shall be entitled to a refund of the unearned portion (in
excess of $2.00) of the premium on any property insurance written through the Licensee.
Such refund shall be calculated under the Rule of 78’s, unless the policy or certificate calls
for a greater refund amount. Calculations shall be based from the date of the loan to the
date the loan is paid-off. In calculating a Rule of 78’s refund, one (1) day shall constitute a
full month earned.