83-1-155 - Basis for administrative supervision; notice; appeals; hearings; release from supervision.
§ 83-1-155. Basis for administrative supervision; notice; appeals; hearings; release from supervision.
(1) An insurer may be subject to administrative supervision by the commissioner if upon examination or at any other time it appears in the commissioner's discretion that:
(a) The insurer's condition renders the continuance of its business hazardous to the public or to its insureds;
(b) The insurer has exceeded its powers granted under its certificate of authority and applicable law;
(c) The insurer has failed to comply with the applicable provisions of the insurance code;
(d) The business of the insurer is being conducted fraudulently; or
(e) The insurer gives its consent.
(2) If the commissioner determines that the conditions set forth in subsection (1) of this section exist, the commissioner shall:
(a) Notify the insurer of such determination;
(b) Furnish to the insurer a written list of the requirements to abate this determination; and
(c) Notify the insurer that it is under the supervision of the commissioner and that the commissioner is applying and effectuating the provisions of Sections 83-1-151 through 83-1-169. Such action by the commissioner may be appealed to the Chancery Court of the First Judicial District of Hinds County.
(3) If placed under administrative supervision, the insurer shall have sixty (60) days, or another period of time as designated by the commissioner, to comply with the requirements of the commissioner subject to the provisions of Sections 83-1-151 through 83-1-169.
(4) If it is determined after notice and hearing that the conditions giving rise to the supervision still exist at the end of the supervision period specified above, the commissioner may extend such period.
(5) If it is determined that none of the conditions giving rise to the supervision exist, the commissioner shall release the insurer from supervision.
Sources: Laws, 1991, ch. 377, § 3, eff from and after July 1, 1991.