- 11 - Miss. Code Ann. sec. 83-17-7 likewise states: It shall be unlawful for any insurance company or any insurance agent to pay, directly or indirectly, any commission, brokerage or other valuable consideration on account of any policy or policies written on risks in this state to any person, agent, firm or corporation not duly licensed as an insurance agent in this state, * * *. These statutes seem to forbid commission payments to petitioner, as petitioner is not a “duly licensed agent”. Respondent, however, cites Miss. Code Ann. sec. 83-53-25(1)(1973), which states as follows: No one shall pay, accrue, credit or otherwise allow, either directly or indirectly, any compensation to any creditor, person, partnership, corporation, association or other entity in connection with any policy, certificate or other contract of credit life insurance or credit disability insurance which exceeds forty-five percent (45%) of the premium rates approved for such policy, certificate or contract. A similar regulation, limiting the amount allowable as compensation to any “creditor or agent” for the sale of credit life insurance, was in place during the years in issue. Mississippi Insurance Department Reg. No. LA & H 82-102.6 The Supreme Court of Mississippi addressed this apparent conflict 6 Miss. Ins. Dept. Reg. No. LA & H 82-102, sec. VII provides: No insurance company shall pay, credit or otherwise allow any compensation or other valuable consideration, either directly or indirectly to any creditor or agent for the sale of any policy, certificate or other contract of credit insurance which exceeds fifty percent of the premium rates specified for such policy, certificate or contract.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011