summary
Introduced
01/19/2026
01/19/2026
In Committee
01/19/2026
01/19/2026
Crossed Over
Passed
Dead
02/03/2026
02/03/2026
Introduced Session
2026 Regular Session
Bill Summary
An Act To Amend Section 11-55-7, Mississippi Code Of 1972, To Provide That In Any Action In Which Attorney Fees Are Awarded, There Is A Strong Presumption That A Lodestar Fee Is Sufficient And Reasonable; To Describe Circumstances In Which Such Presumption May Be Overcome; To Provide Certain Rules Of Procedure For Summary Proceedings Authorized In Law; To Provide That Either Party Is Entitled To The Summary Procedure Created In Section 2 Of This Act In Actions Brought For Declaratory Relief In State Or Federal Court To Determine Insurance Coverage After An Insurer Has Made A Total Coverage Denial; To Provide For Awards Of Reasonable Attorney Fees; To Require That Certain Actions Founded On Negligence Shall Commence Within Two Years Next After The Cause Of Action Accrued; To Provide That In Such Actions Involving Latent Injury Or Disease, The Cause Of Action Does Not Accrue Until The Plaintiff Has Discovered Or Reasonably Should Have Discovered The Injury; To Create Provisions Concerning Actions For Bad Faith Involving Liability Insurances Claims; To Provide For Failure To Tender The Lesser Of The Policy Limits Or The Amount Demanded By The Claimant; To Create Provisions Concerning Two Or More Third-party Competing Claims Arising Out Of A Single Occurrence; To Define Terms; To Allow Certain Evidence Offered To Prove The Amount Of Damages For Medical Treatment Or Services In Personal Injury Or Wrongful Death Actions; To Stipulate That There Is No Affirmative Duty To Seek A Reduction In Billed Charges To Which The Party Is Not Contractually Entitled; To Protect Individual Contracts Between Providers And Authorized Commercial Insurers From Discovery, Disclosure And Admission Into Evidence; To Require Claimants To Disclose Certain Information As A Condition Precedent To Asserting A Claim For Medical Expenses Rendered Under A Letter Of Protection In A Personal Injury Or Wrongful Death Action; To Create Provisions Concerning The Amount Of Damages That May Be Recovered By A Claimant In A Personal Injury Or Wrongful Death Action For The Reasonable And Necessary Cost Or Value Of Medical Care Rendered; To Define Terms; To Provide That Certain Owners Or Principal Operators Of A Multifamily Residential Property Have A Presumption Against Liability In Connection With Criminal Acts That Occur On The Premises Against Third Parties Who Are Not Employees Or Agents Of The Owner Or Operator; To Require Owners And Operators Of Multifamily Residential Property To Provide Proper Crime Deterrence And Safety Training To Its Employees; To Require Owners And Operators To Meet A Burden Of Proof In Order To Establish A Presumption Against Liability; To Amend Section 11-7-15, Mississippi Code Of 1972, To Provide That In A Negligence Action Other Than An Action Brough For Personal Injuries, Or Where Such Injuries Have Resulted In Death, Any Party Found To Be Greater Than 50% At Fault May Not Recover Damages; To Provide That This Act Shall Not Impair Any Right Under An Insurance Contract In Effect On Or Before The Effective Date Of This Act; To Provide That This Act Applies To An Insurance Contract Issued Or Renewed After The Effective Date Of This Act; To Provide That This Act Shall Apply To Causes Of Action Filed After The Effective Date Of This Act; And For Related Purposes.
AI Summary
This bill makes several changes to civil remedies in Mississippi, including establishing a strong presumption that a "lodestar fee" (a standard calculation for attorney fees) is sufficient and reasonable in cases where attorney fees are awarded, though this presumption can be overcome in rare circumstances. It also introduces a summary procedure for certain legal actions, particularly those seeking to determine insurance coverage after a total denial, and allows for the recovery of reasonable attorney fees in such cases. The bill revises the statute of limitations for negligence claims to generally two years from when the cause of action accrues, but for latent injuries or diseases, it starts when the plaintiff discovers or should have discovered the injury. It also creates provisions for "bad faith" claims against liability insurers, addressing situations where an insurer fails to tender a settlement offer within a specified timeframe and outlining rules for competing third-party claims. Additionally, the bill modifies how damages for medical treatment are proven in personal injury or wrongful death cases, limiting evidence to amounts actually paid or reasonably expected to be paid based on insurance coverage or set rates, and protecting certain provider contracts from discovery. It also establishes a presumption against liability for owners of multifamily residential properties concerning criminal acts on their premises, provided they implement specific security measures and train their employees. Finally, the bill amends comparative negligence rules so that in negligence actions other than personal injury or wrongful death, a party found more than 50% at fault cannot recover damages, and clarifies that these changes apply to insurance contracts issued or renewed and causes of action filed after the act's effective date of July 1, 2026.
Committee Categories
Justice
Sponsors (1)
Last Action
Died In Committee (on 02/03/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://billstatus.ls.state.ms.us/2026/pdf/history/SB/SB2705.xml |
| BillText | https://billstatus.ls.state.ms.us/documents/2026/html/SB/2700-2799/SB2705IN.htm |
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