19 Miss. Code. R. § 5-3.05 - 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.

Notes

19 Miss. Code. R. § 5-3.05
Miss. Code Ann.§§ 83-5-1; 83-5-29 through 83-5-51 (Rev. 2011)

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