Motor vehicle liability insurance policy; require to include medical payment coverage.

H. B. No. 381 *HR43/R1417* ~ OFFICIAL ~ G1/2
26/HR43/R1417
PAGE 1 (RKM\KP)

To: Insurance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Watson

HOUSE BILL NO. 381

AN ACT TO AMEND SECTION 63-15-43, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE MOTOR VEHICLE LIABILITY INSURANCE POLICIES TO INCLUDE 2
MEDICAL PAYMENT COVERAGE; AND FOR RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 63-15-43, Mississippi Code of 1972, is 5
amended as follows: 6
63-15-43. (1) A "motor vehicle liability policy," as * * * 7
that term is used in this chapter, shall mean an owner's or an 8
operator's motor vehicle liability policy, that has been certified 9
as provided in Section 63-15-39 or Section 63-15-41, as proof of 10
financial responsibility, and issued, except as otherwise provided 11
in Section 63-15-41, by an insurance company duly authorized to 12
write motor vehicle liability insurance in this state, to or for 13
the benefit of the person named therein as insured. 14
(2) Such owner's motor vehicle liability policy: 15
(a) May be any motor vehicle liability policy form that 16
has been filed with and approved by the Commissioner of Insurance 17
and may contain exclusions and limitations on coverage as long as 18
H. B. No. 381 *HR43/R1417* ~ OFFICIAL ~
26/HR43/R1417
PAGE 2 (RKM\KP)

the exclusions and limitations language has been filed with and 19
approved by the Commissioner of Insurance. 20
(b) Shall have limits of liability no less than: 21
Twenty-five Thousand Dollars ($25,000.00) because of bodily injury 22
to or death of one (1) person in any one (1) accident and, subject 23
to * * * that limit for one (1) person, Fifty Thousand Dollars 24
($50,000.00) because of bodily injury to or death of two (2) or 25
more persons in any one (1) accident, and Twenty-five Thousand 26
Dollars ($25,000.00) because of injury to or destruction of 27
property of others in any one (1) accident. 28
(3) Every motor vehicle liability policy certified under the 29
provisions of this chapter shall be subject to the following 30
provisions which need not be contained therein: 31
(a) The liability of the insurance company with respect 32
to the insurance required by this chapter shall become absolute 33
whenever injury or damage covered by * * * the motor vehicle 34
liability policy occurs; * * * the policy may not be cancelled or 35
annulled as to such liability by any agreement between the 36
insurance company and the insured after the occurrence of the 37
injury or damage; no statement made by the insured or on his 38
behalf and no violation of * * * the policy shall defeat or 39
void * * * the policy; 40
(b) The satisfaction by the insured of a judgment for 41
such injury or damage shall not be a condition precedent to the 42
H. B. No. 381 *HR43/R1417* ~ OFFICIAL ~
26/HR43/R1417
PAGE 3 (RKM\KP)

right or duty of the insurance company to make payment on account 43
of such injury or damage; 44
(c) The insurance company shall have the right to 45
settle any claim covered by the policy, and if such settlement is 46
made in good faith, the amount thereof shall be deductible from 47
the limits of liability specified in paragraph (b) of subsection 48
(2) of this section; or 49
(d) The policy, the written application therefor, if 50
any, and any rider or endorsement which does not conflict with the 51
provisions of the chapter shall constitute the entire contract 52
between the parties. 53
(4) Any policy which grants the coverage required for a 54
motor vehicle liability policy may also grant any lawful coverage 55
in excess of or in addition to the coverage specified for a motor 56
vehicle liability policy, and such excess or additional coverage 57
shall not be subject to the provisions of this chapter. With 58
respect to a policy which grants such excess or additional 59
coverage, the term "motor vehicle liability policy" shall apply 60
only to that part of the coverage which is required by this 61
section. 62
(5) Any motor vehicle liability policy may provide that the 63
insured shall reimburse the insurance company for any payment the 64
insurance company would not have been obligated to make under the 65
terms of the policy except for the provisions of this chapter. 66
H. B. No. 381 *HR43/R1417* ~ OFFICIAL ~
26/HR43/R1417
PAGE 4 (RKM\KP)
ST: Motor vehicle liability insurance policy;
require to include medical payment coverage.
(6) Any motor vehicle liability policy may provide for the 67
prorating of the insurance thereunder with other valid and 68
collectible insurance. 69
(7) The requirements for a motor vehicle liability policy 70
may be fulfilled by the policies of one or more insurance 71
companies which policies together meet such requirements. 72
(8) Any binder issued pending the issuance of a motor 73
vehicle liability policy shall be deemed to fulfill the 74
requirements for such a policy. 75
(9) Every motor vehicle liability policy must include a 76
provision for medical payment coverage in the amount of no less 77
than Ten Thousand Dollars ($10,000.00). 78
SECTION 2. This act shall take effect and be in force from 79
and after July 1, 2026. 80