19 Miss. Code. R. 5-4.12.1

Current through December 10, 2024
Section 19-5-4.12.1 - Indemnification

Any person or insurer against whom any claim, demand, action, suit or proceeding is made, commenced, asserted or threatened by reason of or relating to the fact that such person or insurer is or was: (a) a Member of the Pool; (b) a member of the Advisory Board; (c) a Servicing Carrier; (d) the Plan Administrator; (e) the Pool Administrator; or (f) an officer, partner, employee or agent of any of the foregoing shall be indemnified against all judgments, fines, amounts paid in settlement, reasonable costs and expenses including attorney's fees, and any other liabilities that may be incurred as a result of such claim, demand, action, suit or proceeding made, commenced, asserted or threatened except with respect to matters: (a) as to which he, she or it shall be adjudged to be liable by reason of willful misconduct in the performance of his, her or its duties or obligations to the Pool or the Members thereof; and (b) any criminal actions or proceedings, where such person or insurer had reasonable cause to believe that his, her or its conduct was unlawful. Such indemnification shall be provided whether or not such person or insurer is one of the persons hereinabove described at the time such claim, demand, action, suit or proceeding is made, commenced, asserted or threatened. Such indemnification shall be limited to only those claims, demand, actions, suits and proceedings relating to or arising from the Pool or the Plan as herein defined, including, without limitation, the establishment, administration and operation of the Pool and Plan. Such indemnification shall not be exclusive of other rights such person or insurer may have, and shall pass to the successors, heirs, executors or administrators of such person or insurer. The termination of any such civil or criminal action, suit or proceeding by judgment, settlement, conviction or upon a plea of nolo contendere, or its equivalent, shall not in itself create a presumption that any such person or insurer was liable by reason of willful misconduct, or that he, she or it had reasonable cause to believe that his, her or its conduct was unlawful. If any such claim, demand, action, suit or proceeding is compromised, it must be with the approval of the Commissioner provided; however, the Commissioner may delegate to the Pool Administrator the authority to approve any such compromise of financial liability.

19 Miss. Code. R. 5-4.12.1