83-31-129 - Requirements for conversion plan to take effect; member rights. - Mississippi Statutes

§ 83-31-129. Requirements for conversion plan to take effect; member rights.
 

(1)  For a conversion plan to take effect: 

(a) The commissioner must approve the conversion plan; and 

(b) The eligible members must approve the conversion plan and adopt the amended or restated articles of association. 

(2)  A conversion plan takes effect when the amended or restated articles of association are filed with and approved by the commissioner and also filed with the Mississippi Secretary of State or at such other delayed effective time and date as specified in the amended or restated articles of association as filed. 

(3) (a)  On issuance of a policy after a conversion plan has been adopted by the board of directors but before the effective date of the conversion plan, the mutual insurance company shall send to the member to whom the policy is issued a written notice regarding the conversion plan. 

(b) Except as provided by paragraph (d) of this subsection, a member of an accident and health insurance company entitled to receive the notice described by paragraph (a) of this subsection is entitled to rescind the member's policy and receive a full refund of any amount paid for the policy not later than the ten (10) days after the date on which the member receives the notice. 

(c) Except as provided by paragraph (d) of this subsection, each member who is insured under a property or casualty insurance policy is entitled to receive the notice provided by paragraph (a) of this subsection and shall be advised of the member's right to cancel the policy and receive a pro rata refund of unearned premiums. 

(d) A member who has made or filed a claim under the insurance policy is not entitled to a right to receive a refund under paragraphs (b) or (c) of this subsection. A person who has exercised the rights provided by paragraphs (b) or (c) of this subsection is not entitled to make or file a claim under the insurance policy. 
 

Sources: Laws,  1998, ch. 576, § 14, eff from and after July 1, 1998.