In response to the Mississippi Supreme Court’s ruling in Honeycutt v. Coleman, 120 So.3d 358 (Miss. 2013), finding that an insurance agent has a duty to explain uninsured motorist coverage to an insured in order to obtain a knowing and voluntary waiver of such coverage, the Mississippi Legislature passed Senate Bill 2733 amending Mississippi Code Annotated section 83-11-101 to add a section setting forth requirements for knowing and voluntary waiver. Mississippi Insurance Department Bulletin 2014-4.
Section 83-11-101 of the Mississippi Code Annotated, effective July 1, 2014, provides, in pertinent part, the following required elements:
- An insurer shall inform the named insured or the applicant of the benefits of and reasons for electing to purchase UM coverage;
- This information and waiver shall be on a form approved by the Department;
- If the insured named in the policy chooses to reject UM coverage, the form shall be signed by or on behalf of the named insured, and such rejection is binding upon all persons insured by the automobile liability insurance policy;
- If said form is signed, it shall be presumed there was an informed, knowing rejection and waiver of UM coverage.