Title 33 — Title 33
0 chapters · 1,218 sections in this title.
O.C.G.A. § 33-13-1 Definitions
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As used in this article, the term: (1) ‘‘Affiliate,’’ including the term ‘‘affiliate of ’’ or ‘‘person affiliated with’’ a specific person, means a person who directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with the …
O.C.G.A. § 33-13-10 Injunctions; seizure or sequestration of voting securities
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(a) Injunctions. Whenever it appears to the Commissioner that any insurer or any director, officer, employee, or agent of any insurer has committed or is about to commit a violation of this article or of any rule, regulation, or order issued by the Commissioner under this article…
O.C.G.A. § 33-13-11 Violations of this article
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(a) Any insurer failing, without just cause, to file any registration statement as required in this article shall be required, after notice and hearing, to pay a penalty of $1,000.00 for each day’s delay. The maximum penalty under this Code section is $50,000.00. The Commis613 33-…
O.C.G.A. § 33-13-12 Receivership
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Whenever it appears to the Commissioner that any person has committed a violation of this article which so impairs the financial condition of a domestic insurer as to threaten insolvency or make the further transaction of business by it hazardous to its policyholders, creditors, s…
O.C.G.A. § 33-13-15 Aggrieved persons; appeal of actions of Commissioner; mandamus
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(a) Any person aggrieved by any act, determination, rule, regulation, or order or any other action of the Commissioner pursuant to this article may appeal the action to the Superior Court of Fulton County. The court shall conduct its review without a jury and by trial de novo, ex…
O.C.G.A. § 33-13-2 Definitions
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Acquisition or organization of subsidiaries by domestic insurers; conduct of business by subsidiaries; investment by insurers in securities of subsidiaries. 33-13-3. Acquisition of control of or merger with domestic insurer. 33-13-3.1. Acquisition of insurer; effect on competitio…
O.C.G.A. § 33-13-3 Acquisition of control of or merger with domestic insurer
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(a) Filing requirements. (1) No person other than the issuer shall make a tender offer for or a request or invitation for tenders of, or enter into any agreement to exchange securities for, seek to acquire, or acquire, in the open market or otherwise, any voting security of a dom…
O.C.G.A. § 33-13-3.1 Acquisition of insurer; effect on competition
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(a) As used in this Code section, the term: (1) ‘‘Acquisition’’ means any agreement, arrangement, or activity, the consummation of which results in a person acquiring directly or indirectly the control of another person and, includes, but is not limited to, the acquisition of vot…
O.C.G.A. § 33-13-31 Purpose
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The purpose of this article is to provide the requirements for maintaining a risk management framework and completing an Own Risk and Solvency Assessment and provide guidance and instructions for filing an Own Risk and Solvency Assessment Summary Report with the Commissioner. The …
O.C.G.A. § 33-13-32 Definitions
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As used in this article, the term: (1) ‘‘Insurance group’’ means those insurers and affiliates included within an insurance holding company system as defined in paragraph (5) of Code Section 33-13-1. 618 33-13-34 (2) ‘‘Insurer’’ shall have the same meaning as set forth in Code Sec…
O.C.G.A. § 33-13-33 Purpose of provisions, §33-13-31
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Sanctions for failure to file, §33-13-39. Submission of report to commissioner. Contents, §33-13-35. Request of commissioner but not more than annually, §33-13-35. Waiver from requirements. Unique circumstances, §33-13-36. Permits. Agents, subagents, counselors and adjusters. Tran…
O.C.G.A. § 33-13-34 Required conduct of ORSA
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Subject to Code Section 33-13-36, an insurer, or the insurance group of which the insurer is a member, shall regularly conduct an ORSA consistent with a process comparable to the ORSA Guidance Manual. The ORSA shall be conducted no less than annually, but also at any time when th…
O.C.G.A. § 33-13-35 Submission of ORSA Summary Report
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(a) Upon the Commissioner’s request, and no more than once each year, an insurer shall submit to the Commissioner an ORSA Summary Report or any combination of reports that together contain the information described in the ORSA Guidance Manual, applicable to the insurer or the ins…
O.C.G.A. § 33-13-36 Exemption
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(a) An insurer shall be exempt from the requirements of this article, if: (1) The insurer has annual direct written and unaffiliated assumed premium, including international direct and assumed premium, but excluding premiums reinsured with the Federal Crop Insurance Corporation a…
O.C.G.A. § 33-13-37 Preparation of report; review and use
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(a) The ORSA Summary Report shall be prepared consistently with the ORSA Guidance Manual, subject to the requirements of subsection (b) of this Code section. Documentation and supporting information shall be maintained and made available upon examination or upon request of the Co…
O.C.G.A. § 33-13-38 Confidentiality and protection
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(a) Documents, materials, or other information, including the ORSA Summary Report, in the possession of or control of the Department of Insurance that are obtained by, created by, or disclosed to the Commissioner or any other person under this article is recognized by this state …
O.C.G.A. § 33-13-39 Penalty for noncompliance
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Any insurer failing, without just cause, to timely file the ORSA Summary Report as required in this article may be subject to any penalty set forth in subsection (g) of Code Section 33-2-24. The Commissioner may reduce the monetary penalty if the insurer demonstrates to the Commis…
O.C.G.A. § 33-13-40 Severability [Repealed]
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33-13-41. Effective date for compliance. ulations, Official Compilation of the Rules and Regulations of the State of Georgia, 577 T.33, C.13 INSURANCE 33-13-1 Rules of Comptroller General, Commissioner of Insurance, Chapter 120-2-23. ARTICLE 1 GENERAL PROVISIONS Editor’s notes. —…
O.C.G.A. § 33-13-41 Effective date for compliance
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The requirements of this article shall become effective on July 1, 2015. The first filing of the ORSA Summary Report shall be required in 2015 pursuant to Code Section 33-13-35. History. — Code 1981, § 33-13-41, enacted by Ga. L. 2015, p. 608, § 2/SB 108. 626 T.33, C.13A MUTUAL INS…
O.C.G.A. § 33-13-5 Oaths
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Statements concerning acquiring control of or merger with domestic insurers, §33-13-3. Orders. Issuance by commissioner, §33-13-9. Own risk and solvency assessment (ORSA) summary reports, §§33-13-30 to 33-13-41. Partnerships. Statements concerning acquiring control of or merging …
O.C.G.A. § 33-13-6 Insurance information
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Unlawful collection, use or disclosure of information gathered by insurance institutions, §33-39-21. Insurance premium finance companies. Examination of records by commissioner, §33-22-7. COST SHARING. Insurance holding companies. Registration of insurers belonging to, §33-13-4. S…
O.C.G.A. § 33-13-7 Supplemental contract
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Life and health insurance guaranty association, §33-38-4. Surety insurance, §33-7-7. Surplus. Division of domestic insurers, §33-14-120. Surplus line broker, §33-5-20.1. Surplus line insurance, §33-5-20.1. Surplus lines broker. Insurance companies, §33-23-1. Surplus to policyhold…
O.C.G.A. § 33-13-8 Costs
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Examinations by commissioner, §33-13-6. Supervisory colleges, participation by commissioner, §33-13-7. Criminal proceedings. Willful violations of chapter, §33-13-11. Definitions, §33-13-1. Extraordinary dividend or distribution, §33-13-5. 1259 INDEX INSURANCE HOLDING COMPANY SYST…
O.C.G.A. § 33-13-9 Rules and regulations and orders
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The Commissioner may, upon notice and opportunity for all interested persons to be heard, issue any rules, regulations, and orders as shall be necessary to carry out this article. History. — Code 1933, § 56-3408, enacted by Ga. L. 1970, p. 257, § 1; Code 1981, § 33-13-8; Code 198…