An Act to provide that no automobile liability insurance
policy shall be issued unless coverage is provided therein for the protection
of the insured against loss caused by an uninsured vehicle; to provide the
procedure connected therewith; and for related purposes.
Be it enacted by the legislature of the
State of Mississippi
.
A. No automobile liability insurance policy
or contract shall be issued or delivered after January 1, 1967, unless it
contains an endorsement or provisions undertaking to pay the insured all sums
which he shall be legally entitled to recover as damages for bodily injury or
death from the owner or operator of an uninsured motor vehicle, within limits
which shall be no less than those set forth in the Mississippi Motor Vehicle
Safety Responsibility Act, as amended, under provisions approved by the
commissioner of Insurance;
however, at the option of the
insured, the uninsured motorist limits may be increased to limits not to exceed
those provided in the policy of bodily injury liability insurance of the
insured or such lesser limits as the insured elects to carryover the minimum
requirement set forth by this
section.1The coverage required
herein shall not be applicable where any insured named in the policy shall
reject the coverage in writing and provided further, that, unless the named
insured requests such coverage in writing, such coverage need not be provided
in any renewal policy where the named insured has rejected the coverage in
connection with a policy previously issued to him by the same
insurer.
B. As used herein:
1. the term "bodily injury" shall include
death resulting here from;
2. the
term "insured" means the named insured and, while resident of the same
household, the spouse of any such named insured, and relatives of either, while
in a motor vehicle or otherwise, and any person who uses, with the consent,
expressed or implied, of the named insured, the motor vehicle to which the
policy applies, and a guest in such motor vehicle to which the policy applies,
or the personal representative of any of any of the above; and
3. the term "uninsured motor vehicle' means a
motor vehicle as to which there is:
a. no
bodily injury liability insurance or bodily injury liability insurance with
limits less than the amounts specified in Section 1, but it will be considered
uninsured only for that amount between the limit carried and the limit required
in Section 1;
b. there is such
insurance in existence but the insurance company writing the same has legally
denied coverage thereunder, or is unable, because of being insolvent at the
time of, or becoming insolvent during the twelve (12) months following the
accident, to make payment with respect to the legal liability of is insured
within the limits specified in said Section 1; or
c. there is no bond or deposit of cash or
securities in lieu of such bodily injury and property damage liability
insurance or other compliance with the State Financial Responsibility Law.
Provided, however, no vehicle shall be considered uninsured
that is owned by the United States Government and against which a claim may be
made under the Federal
________________________
1An Act to amend Section
83-11-101,
Mississippi Code of 1972, to provide that uninsured motorist coverage limits
may be increased, at the option of the insured, to equal the limits of bodily
injury liability of the insured; and for related purposes. This act shall take
effect and be in force from and after July 1, 1974.
Tort Claims Act as amended. A motor vehicle shall be deemed
to be uninsured if the owner or operator thereof be unknown; provided, that in
order for the insured to recover under the endorsement where the owner or
operator of any motor vehicle which causes bodily injury to the insured is
unknown, actual physical contact must have occurred between the motor vehicle
owned or operated by such unknown person and the person or property of the
insured.
4. The
definition of the term "insured" given in this paragraph shall apply only to
the uninsured motorist portion of the policy.
C. In the event the owner or operator of the
uninsured vehicle causing injury or death is know and action is brought against
said owner or operator by the named insured as defined by said policy, then a
copy of the process served upon the owner or operator shall also be served by
the circuit clerk mailing, registered mail, a copy of the process to the
insurance company issuing the policy providing the uninsured motorist coverage
as prescribed by law.
If the owner or operator of any motor vehicle which causes
bodily injury to the insured be unknown, the insured, or someone on his behalf,
or in the event of a death claim, someone on behalf of the party having such
claim, in order for the insured to recover under the endorsement, shall report
the accident as required by Section 8285-04, Mississippi Code of 1942,
Recompiled.
D. An insurer
paying a claim under the endorsement or provisions required by Section 1 shall
be subrogated to the rights of the insured to whom such claim was paid against
the person causing such injury, death or damage, to the extent that payment was
made; including the proceeds recoverable from the assets of the insolvent
insurer; provided, that the bringing of an action against the unknown owner or
operator or the conclusion of such an action, shall not constitute a bar to the
insured, if the identity of the owner or operator who caused the injury or
damages complained of becomes known, provided, that in any action brought
against such owner or operator, the insurance company that has previously made
payment as a result of the policyholder's claim against such owner or operator
shall be mailed a copy of the summons issued for the defendant or defendants,
and that any recovery against such owner or operator shall be paid to the
insurance company to the extent that such insurance company paid the named
insured in the action brought against such owner or operator, except that such
insurance company shall pay its proportionate part of any reasonable costs and
expense incurred in connection therewith, including reasonable attorney's
fees.
E. No such endorsement or
provisions shall contain a provision requiring arbitration of any claim arising
under any such endorsement or provisions. The insured shall not be restricted
or prevented in any manner from employing legal counsel or instituting legal
proceedings, but the insured may be required to establish legal liability of
the uninsured owner or operator.
F.
Any policy which grants the coverage required for motor vehicle liability
insurance may also grant any lawful coverage in excess of, or in addition to,
the coverage specified for a motor vehicle liability policy, and the excess or
additional coverage shall not be subject to the provisions of this act. With
respect to a policy which grants this excess or additional coverage, the term
"motor vehicle liability policy" as used herein shall apply only to that part
of the coverage which is required by this act.
Any binder issued pending the issuance of a motor vehicle
liability policy shall be considered as fulfilling the requirements for such
policy.
Section 7.This act shall take effect and be in force from and
after its passage.
Approved: May 18, 1966
