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SB2380 • 2026

Automobile insurance; require reinstatement of policy where insurer fails to provide proper notice and insured pays premiums.

AN ACT TO PROVIDE THAT FOR ANY INSURANCE POLICY THAT FALLS WITHIN THE JURISDICTION OF THE STATE INSURANCE DEPARTMENT UNDER TITLE 83, MISSISSIPPI CODE OF 1972, WHEN AN INSURER CANCELS A POLICY FOR NONPAYMENT OF PREMIUMS BUT THE INSURER MAILED A NOTICE OF CANCELLATION FOR NONPAYMENT OF PREMIUMS TO A DIFFERENT ADDRESS THAN THE ADDRESS SHOWN IN THE POLICY RESULTING IN THE NAMED INSURED FAILING TO RECEIVE PROPER NOTICE FROM THE INSURER, THE INSURED SHALL HAVE THE OPPORTUNITY TO PAY THE PAST-DUE PREMIUMS FOR THE POLICY; TO PROVIDE THAT IF THE INSURED PAYS THE PAST-DUE PREMIUMS ON THE POLICY, THE POLICY SHALL BE REINSTATED, AND THE ORIGINAL TERMS OF THE POLICY SHALL BE BINDING; TO AMEND SECTION 83-11-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THE ACT; TO BRING FORWARD SECTION 83-11-9, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Seymour
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill's provisions only apply if the insurer mailed a notice of cancellation to an incorrect address, leading to the insured failing to receive proper notice.

Car Insurance; Reinstatement When Insurer Fails to Provide Proper Notice

This bill requires car insurance companies to reinstate policies if they cancel them for nonpayment of premiums due to sending the cancellation notice to an incorrect address, and the policyholder pays the overdue amount.

What This Bill Does

  • When an insurer cancels a policy for nonpayment but sends the cancellation notice to an incorrect address, resulting in the insured not receiving proper notice, the bill allows the insured to pay past-due premiums within a certain timeframe.
  • If the insured pays the overdue premiums, the insurance policy is reinstated with its original terms and conditions remaining binding.

Who It Names or Affects

  • Car insurance companies and their customers in Mississippi whose policies fall under Title 83 of the Mississippi Code of 1972.

Terms To Know

Insured
The person or entity protected by an insurance policy.
Cancellation notice
A formal notification from an insurer to the insured that a policy will be terminated.

Limits and Unknowns

  • This bill did not pass and therefore has no legal effect.
  • The bill only applies to insurance policies under Title 83 of the Mississippi Code of 1972, which covers certain types of insurance regulated by the State Insurance Department.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (S) Died In Committee

  2. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (S) Referred To Insurance

Official Summary Text

Automobile insurance; require reinstatement of policy where insurer fails to provide proper notice and insured pays premiums.

Current Bill Text

Read the full stored bill text
S. B. No. 2380 *SS26/R738* ~ OFFICIAL ~ G1/2
26/SS26/R738
PAGE 1 (rdd\kr)

To: Insurance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Seymour

SENATE BILL NO. 2380

AN ACT TO PROVIDE THAT FOR ANY INSURANCE POLICY THAT FALLS 1
WITHIN THE JURISDICTION OF THE STATE INSURANCE DEPARTMENT UNDER 2
TITLE 83, MISSISSIPPI CODE OF 1972, WHEN AN INSURER CANCELS A 3
POLICY FOR NONPAYMENT OF PREMIUMS BUT THE INSURER MAILED A NOTICE 4
OF CANCELLATION FOR NONPAYMENT OF PREMIUMS TO A DIFFERENT ADDRESS 5
THAN THE ADDRESS SHOWN IN THE POLICY RESULTING IN THE NAMED 6
INSURED FAILING TO RECEIVE PROPER NOTICE FROM THE INSURER, THE 7
INSURED SHALL HAVE THE OPPORTUNITY TO PAY THE PAST-DUE PREMIUMS 8
FOR THE POLICY; TO PROVIDE THAT IF THE INSURED PAYS THE PAST-DUE 9
PREMIUMS ON THE POLICY, THE POLICY SHALL BE REINSTATED, AND THE 10
ORIGINAL TERMS OF THE POLICY SHALL BE BINDING; TO AMEND SECTION 11
83-11-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF 12
THE ACT; TO BRING FORWARD SECTION 83-11-9, MISSISSIPPI CODE OF 13
1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED 14
PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. (1) For any insurance policy that falls within 17
the jurisdiction of the State Insurance Department under Title 83, 18
Mississippi Code of 1972, no notice of cancellation of a policy 19
shall be effective unless mailed or delivered by the insurer to 20
the named insured and to any named creditor loss payee, as 21
applicable, at least thirty (30) days prior to the effective date 22
of cancellation; provided, however, that where cancellation is for 23
nonpayment of premium at least ten (10) days' notice of 24
S. B. No. 2380 *SS26/R738* ~ OFFICIAL ~
26/SS26/R738
PAGE 2 (rdd\kr)

cancellation accompanied by the reason therefor shall be given. 25
Unless the reason accompanies or is included in the notice of 26
cancellation, the notice of cancellation shall state or be 27
accompanied by a statement that upon written request of the named 28
insured, mailed or delivered to the insurer not less than fifteen 29
(15) days prior to the effective date of cancellation, the insurer 30
will specify the reason for such cancellation. 31
(2) When an insurer cancels a policy for nonpayment of 32
premiums but the insurer mailed a notice of cancellation for 33
nonpayment of premiums to a different address than the address 34
shown in the policy resulting in the named insured failing to 35
receive proper notice from the insurer, the insured shall have the 36
opportunity to pay the past-due premiums for the policy. If the 37
insured pays the past-due premiums on the policy, the policy shall 38
be reinstated, and the original terms of the policy shall be 39
binding. 40
SECTION 2. Section 83-11-5, Mississippi Code of 1972, is 41
amended as follows: 42
[From July 1, 2025, until July 1, 2026, this section shall 43
read as follows:] 44
83-11-5. No notice of cancellation of a policy to which 45
Section 83-11-3 applies shall be effective to any coverage issued 46
or renewed on or before June 30, 2026, unless mailed or delivered 47
by the insurer to the named insured and to any named creditor loss 48
payee at least thirty (30) days prior to the effective date of 49
S. B. No. 2380 *SS26/R738* ~ OFFICIAL ~
26/SS26/R738
PAGE 3 (rdd\kr)

cancellation; provided, however, that where cancellation is for 50
nonpayment of premium at least ten (10) days' notice of 51
cancellation accompanied by the reason therefor shall be given. 52
Unless the reason accompanies or is included in the notice of 53
cancellation, the notice of cancellation shall state or be 54
accompanied by a statement that upon written request of the named 55
insured, mailed or delivered to the insurer not less than fifteen 56
(15) days prior to the effective date of cancellation, the insurer 57
will specify the reason for such cancellation. 58
This section shall not apply to nonrenewal unless there is a 59
named creditor loss payee. 60
[From and after July 1, 2026, this section shall read as 61
follows:] 62
83-11-5. (1) No notice of cancellation of a policy to which 63
Section 83-11-3 applies shall be effective to any coverage issued 64
or renewed on or after July 1, 2026, unless mailed or delivered by 65
the insurer to the named insured and to any named creditor loss 66
payee at least forty-five (45) days prior to the effective date of 67
cancellation; provided, however, that where cancellation is for 68
nonpayment of premium at least ten (10) days' notice of 69
cancellation accompanied by the reason therefor shall be given. 70
Unless the reason accompanies or is included in the notice of 71
cancellation, the notice of cancellation shall state or be 72
accompanied by a statement that upon written request of the named 73
insured, mailed or delivered to the insurer not less than fifteen 74
S. B. No. 2380 *SS26/R738* ~ OFFICIAL ~
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(15) days prior to the effective date of cancellation, the insurer 75
will specify the reason for such cancellation. 76
If the insurer fails to meet the notice requirement of this 77
section, the named insured has the option of continuing the policy 78
or contract for the remainder of the notice period plus an 79
additional forty-five (45) days at the premium rate of the 80
existing policy or contract. Such option shall continue in 81
forty-five-day increments until the insurer provides the notice 82
required in this section. 83
(2) When an insurer cancels a policy for nonpayment of 84
premiums but the insurer mailed a notice of cancellation for 85
nonpayment of premiums to a different address than the address 86
shown in the policy resulting in the named insured failing to 87
receive proper notice from the insurer, the insured shall have the 88
opportunity to pay the past-due premiums for the policy. If the 89
insured pays the past-due premiums on the policy, the policy shall 90
be reinstated, and the original terms of the policy shall be 91
binding. 92
SECTION 3. Section 83-11-9, Mississippi Code of 1972, is 93
brought forward as follows: 94
83-11-9. Proof of mailing of notice of cancellation, or of 95
intention not to renew, or of reasons for cancellation to the 96
named insured by a certificate of mailing, at the address shown in 97
the policy, shall be sufficient proof of notice. 98
S. B. No. 2380 *SS26/R738* ~ OFFICIAL ~
26/SS26/R738
PAGE 5 (rdd\kr)
ST: Automobile insurance; require reinstatement
of policy where insurer fails to provide proper
notice and insured pays premiums.
SECTION 4. This act shall take effect and be in force from 99
and after July 1, 2026. 100