19 Miss. Code. R. 4-3.04

Current through December 10, 2024
Rule 19-4-3.04 - Administration

The Plan shall be administered by a Governing Committee and a Manager. The Governing Committee (hereinafter referred to as "the Committee") must be approved by the Commissioner of Insurance and shall consist of nine voting members, who are Plan Subscriber Companies, two non-voting members who are licensed Mississippi resident property and casualty insurance producers and two ex officio non-voting members.

A. Subscriber Companies shall be chosen from each of the following classes of insurers:
1. Six Subscribers from the American Property Casualty Insurers Association (APCIA);
2. Three Subscribers from the Non-Affiliated Insurance Companies (NAF)

When the APCIA or NAF are unable to appoint one or more subscriber companies to serve on the Governing Committee, the vacant seat shall be opened up to any subscriber company for that term only. The company to fill the vacancy for that term only will be chosen by a process to be determined by the Governing Committee. At the end of the term, the seat will be resumed by a representative from the respective class of company.

Each voting member serving on the Committee shall designate a representative to act on its behalf. This representative shall be either (1) a salaried employee or officer of the named subscriber company or (2) a salaried employee of officer of another subscriber company from a group of companies under the same management as the named subscriber company. A salaried employee or officer of the holding company of the named subscriber company may also be designated as the representative.

B. Two non-voting members shall be chosen from a list of all licensed Mississippi resident property and casualty insurance producers.
C. The Commissioner of Insurance shall appoint two persons, who are employed by the Mississippi Insurance Department, to serve as ex officio non-voting members.

Prior to the biennial meeting, the Manager shall poll the nonaffiliated companies to determine those companies desiring to serve on the Committee and then conduct a mail ballot prior to the annual meeting for the nonaffiliated companies to elect their representatives. Nonaffiliated company representatives shall be selected on a weighted vote basis by all nonaffiliated company insurers. Each nonaffiliated company shall cast a proportionate vote based on that company's respective Voluntary Private Passenger Nonfleet Liability Direct Written Premiums and Voluntary Other than Private Passenger Liability and Physical Damage Net Direct Written Premiums written in the state for the calendar year ending December 31 of the second prior year by nonaffiliated companies as reported to AIPSO by statistical agents.

Biennially, on a date fixed by the Committee, each respective group of insurers heretofore described shall elect its representative to the Committee to serve for a period of one year or until a successor is elected. Forty-five (45) days' notice of such meeting shall be given in writing to all subscribers and members to the Plan. The subscriber companies and members may be present or represented by proxy at such meetings and voting by proxy shall be permitted.

19 Miss. Code. R. 4-3.04

Miss. Code Ann. § 63-15-65 (Rev. 2013).
Amended 4/9/2018
Amended 11/22/2019
Amended 5/13/2022