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Mississippi Umbrella and Excess Liability Guide

For work on, over, or under a railroad right-of-way shown on MDOT plans, the 2017 Standard Specifications require excess/umbrella liability of $5,000,000 each occurrence and $5,000,000 aggregate, written in the contractor’s name, on top of contractor’s liability of $1,000,000 each occurrence and $2,000,000 aggregate. The general, non-railroad schedule in section 107.14.2.1 does not use that excess figure. It requires commercial general liability of $500,000 each occurrence and $1,000,000 aggregate and automobile liability of $500,000 combined single limit. Separately, the Mississippi Supreme Court applied Code section 85-5-7 to hold that multi-party fault is several by percentage unless the defendants consciously and deliberately pursued a common plan or actively took part in a tortious act. 1,2

What Is Umbrella And Excess Liability?

Umbrella or excess insurance adds liability limits above the policies named in the quote after a covered claim exhausts their limits. It may fit if a contract sets higher limits; check which primary policies are listed and any gaps between them. Read the national Umbrella and excess liability guide.

Mississippi Requirements

RequirementDetails
Railroad excess/umbrella on an MDOT contractSection 107.14.2.2 requires excess/umbrella liability of $5,000,000 each occurrence and $5,000,000 aggregate for the contractor’s railroad work described there, along with contractor’s liability of $1,000,000 each occurrence and $2,000,000 aggregate and automobile liability of $1,000,000 combined single limit. Railroad protective liability of $5,000,000 each occurrence and $10,000,000 aggregate is purchased on behalf of the railroad and is not the contractor’s excess policy. This specification applies to those contracts, not to every Mississippi business. 1

What to Watch for in Mississippi

  • The $5 million excess figure is the railroad subsection

    Section 107.14.2.1’s ordinary schedule stops at $500,000 each occurrence and $1,000,000 aggregate for commercial general liability and $500,000 combined single limit for automobile liability, plus employers’ liability of $100,000 each accident, $100,000 each employee, and $500,000 policy limit. Do not bind a $5 million umbrella for every MDOT job on the theory that the book always requires it. Open section 107.14.2.2 only when the work is on, over, or under the railroad rights-of-way shown on the plans. 1

  • Each subcontractor needs the same railroad limits or a separate policy

    Section 107.14.2.2 says the contractor shall provide, for and on behalf of each subcontractor, a separate liability and property-damage policy in the same amounts, or each subcontractor shall provide it. A single excess policy that names only the prime does not, by itself, satisfy that sentence. Collect the subcontractor’s excess declarations or the endorsement that brings the subcontractor inside the prime’s tower. 1

  • Several liability can keep a co-defendant’s share off your excess layer

    In Borne v. Estate of Carraway the court reversed a joint-and-several judgment because section 85-5-7(2) makes liability several in proportion to fault, and the chancellor had not found a common plan under subsection (4). The city had been assigned 40 percent and two other groups 30 percent each. An excess policy follows the insured’s legal obligation. If that obligation is several, the excess limit is exposed to the insured’s percentage of the award above the scheduled underlying limit, not automatically to every defendant’s combined share. 2

Who Regulates Insurance in Mississippi

Mississippi Insurance Department

The Mississippi Insurance Department licenses agents and companies, enforces state insurance laws, and investigates insurance complaints. You can use its state lookup or complaint service to check a license or raise an insurance issue. 3,4,5

Surplus-lines tax and stamping office

Reported tax rate: 4% premium tax and 0.25% stamping fee on gross premium and policy fees when Mississippi is the insured's home state; MSLA says do not report if Mississippi is not the home state unless 100% of premium is allocated to Mississippi. A separate 3% MWUA fee applies to gross premium and policy fees except residential flood and earthquake. For policies quoted or bound on or after July 1, 2017, Mississippi no longer requires a general diligent search before surplus-lines placement. If Mississippi is the insured's home state, the published charges are 4% premium tax and a 0.25% stamping fee on gross premium and policy fees, plus a separate 3% MWUA fee except for residential flood and earthquake; Mississippi's required policy notice says a nonadmitted insurer is not protected by the Mississippi Insurance Guaranty Association if it becomes insolvent. 6,7,8,9,10

Mississippi Surplus Lines Association

Providers With Documented State Licenses

These providers publish a national listing for Umbrella and excess liability; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Mississippi. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 13
  • TechInsuranceSpecialty Program Group LLCInsurance producer · checked 2026-09-28TechInsurance’s current licensing page names Specialty Program Group LLC / SPG Insurance Solutions and lists state license numbers, but labels Rhode Island “Individual licenses” rather than identifying a license for the named agency. RI is omitted because this disclosure does not establish agency authority there; this is a search limitation, not an assertion that the company is unlicensed. The remaining state entries are company-reported and are not an insurance product availability map. 16
  • VouchVouch Specialty Insurance Services, LLCInsurance producer, Surplus-lines broker · checked 2026-09-28Vouch’s licenses page, effective January 16, 2025, lists producer licenses in all 50 states and DC. Its separate surplus-lines table includes Idaho number 870820, while a footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses. Because those statements conflict for Idaho, this record keeps Idaho producer-only and does not treat the table number as established agency surplus-lines authority. The page is company-reported and does not establish product availability. 17

Questions to Ask Before You Buy in Mississippi

  1. Do the plans show railroad right-of-way that brings in section 107.14.2.2’s $5 million excess/umbrella?
  2. Is each subcontractor separately insured for those railroad amounts, or scheduled on the prime’s excess policy?
  3. Is anyone alleged to have pursued a common plan, or is liability several under section 85-5-7(2)?

Umbrella And Excess Liability in Mississippi: FAQ

Does every MDOT contract require a $5 million umbrella? 1

The $5,000,000 each-occurrence and aggregate excess/umbrella limit is in section 107.14.2.2, which applies to work on, over, or under railroad rights-of-way shown on the plans. The general liability schedule in section 107.14.2.1 states different primary limits and does not set that excess amount. 1

If another contractor cannot pay, does Mississippi shift that share to us? 2

Not under the rule the Supreme Court applied in Borne v. Estate of Carraway. Section 85-5-7(2) makes liability several in proportion to fault unless subsection (4)’s common-plan rule applies. 2

Umbrella And Excess Liability in Other States

Other Coverage in Mississippi

Sources

  1. Mississippi Standard Specifications for Road and Bridge Construction (2017). Mississippi Department of Transportation; Section 107.14.2.1 primary limits; section 107.14.2.2 excess/umbrella of $5,000,000 each occurrence and aggregate and subcontractor requirement. Accessed 2026-09-29.
  2. Borne v. Estate of Carraway, No. 2011-CA-00267-SCT. Supreme Court of Mississippi; July 18, 2013 opinion applying Miss. Code Ann. § 85-5-7(2) and (4) (Rev. 2011) to reverse joint-and-several liability absent a common plan. Accessed 2026-09-29.
  3. Mississippi Insurance Department. Mississippi Insurance Department; Homepage and consumer/licensing services. Accessed 2026-09-28.
  4. Insurance License Lookup. Mississippi Insurance Department; State-designated producer/company search. Accessed 2026-09-28.
  5. File an Insurance Complaint. Mississippi Insurance Department; State complaint process and contact. Accessed 2026-09-28.
  6. E-Pay Frequently Asked Questions. Mississippi Surplus Lines Association; Current MSLA E-Pay FAQ, question 'What are the current rates...' (lines 112–116): 0.25% stamping fee and 4% premium tax, both on gross premium and policy fees. Accessed 2026-09-28.
  7. E-Pay Frequently Asked Questions. Mississippi Surplus Lines Association; Current MSLA E-Pay FAQ, lines 112–118: MWUA nonadmitted policy fee 3% on gross premium and policy fees, excluding residential flood and earthquake. Accessed 2026-09-28.
  8. Insurer FAQs. Mississippi Surplus Lines Association; Current MSLA insurer FAQ, question 'What is a Home State?...' (lines 90–92): defines insured's home state under NRRA; directs no Mississippi reporting if Mississippi is not home state unless 100% of premium is allocated to Mississippi; MS-home-state written premium is reported. Accessed 2026-09-28.
  9. Mississippi Department of Insurance Bulletin 2017-3. Mississippi Insurance Department; Issued May 12, 2017; page 1, visually verified: HB 447 removed the diligent-search requirement; on/after July 1, 2017 producers need not conduct a diligent search before placement and bulletin applies to policies quoted/bound on/after that date. Page 2, visually verified: required policy notice states policy is not protected by MIGA upon insurer insolvency; page 2 also withdraws Bulletins 2012-4 and 2015-5. Accessed 2026-09-28.
  10. Mississippi Department of Insurance Bulletin 2017-3. Mississippi Insurance Department; Issued May 12, 2017; page 1, visually verified: after HB 447, no general diligent search is required for policies quoted or bound on/after July 1, 2017; not an ECP-only exception. Accessed 2026-09-28.
  11. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  12. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  13. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  14. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  15. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  16. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  17. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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