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Georgia Statutes, Title 33

Georgia/Statutes

← All Georgia coverage

Title 33

73 chapters · 1,492 sections in this title.

All chapters in Title 331,492 Ch 24, INSURANCE GENERALLY134 Ch 14, DOMESTIC STOCK AND MUTUAL INSURERS78 Ch 11, INVESTMENTS72 Ch 23, LICENSING62 Ch 37, INSURERS REHABILITATION AND LIQUIDATION59 Ch 9, REGULATION OF RATES, UNDERWRITING RU…49 Ch 15, FRATERNAL BENEFIT SOCIETIES38 Ch 5, REGULATION OF UNAUTHORIZED INSURERS37 Ch 41, CAPTIVE INSURANCE COMPANIES34 Ch 20, HEALTH CARE PLANS33 Ch 3, AUTHORIZATION AND GENERAL REQUIREMEN…32 Ch 2, DEPARTMENT AND COMMISSIONER31 Ch 17, RECIPROCAL INSURERS31 Ch 21, HEALTH MAINTENANCE ORGANIZATIONS31

134 sections·Filtered byTitle 33✕Ch 24✕

O.C.G.A. § 33-24-1 Deﬁnitions
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As used in this chapter, the term: (1) ‘‘Policy’’ means the written contract of or written agreement for or effecting insurance. The term includes all clauses, riders, endorsements, and papers attached or issued and delivered for attachment to the contract or agreement and made a…
O.C.G.A. § 33-24-10 Grounds for disapproval of forms
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The Commissioner shall disapprove any form ﬁled under Code Section 33-24-9 or withdraw any previous approval of such form only: (1) If it is in any respect in violation of or does not comply with this title; (2) If it contains or incorporates by reference any inconsistent, ambigu…
O.C.G.A. § 33-24-10.1 Standard or uniform claim form
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The Commissioner is authorized to establish by rule or regulation a standard or uniform claim form to be supplied by insurers to their insureds for the purpose of ﬁling claims under policies or contracts of accident and sickness insurance. The Commissioner shall ﬁle and maintain …
O.C.G.A. § 33-24-11 Waiver by Commissioner of use of standard or uniform provisions in policies or contracts; approval of use of substitute provisions

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(a) The Commissioner may waive the required use of a particular provision in a particular insurance policy form or annuity or endowment contract form if the Commissioner ﬁnds such provision unnecessary for the protection of the insured or inconsistent with the purposes of the pol…

O.C.G.A. § 33-24-12 Noncomplying conditions or provisions; cancellation of contracts covering uninsurable subjects

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(a) Any insurance policy, rider, or endorsement issued and otherwise valid which contains any condition or provision not in compliance with the requirements of this title shall not be rendered invalid due to the noncomplying condition or provision but shall be construed and appli…

O.C.G.A. § 33-24-13 Execution of policies; use of facsimile signatures

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Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney in fact, employee, or representative duly authorized by the insurer. A facsimile signature of any executing individual may be used in lieu of an original signature. Histo…

O.C.G.A. § 33-24-15 When policies or contracts become effective

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A policy of insurance or an annuity or endowment contract shall run from midday of the date of the policy or contract; and the time shall be calculated accordingly if the policy or contract is to be in force for a speciﬁed period of time unless the hour and minute of attachment o…

O.C.G.A. § 33-24-16 Construction of policies

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Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as ampliﬁed, extended, or modiﬁed by any rider, endorsement, or application made a part of the policy. History. — Orig. Code 1863, § 2748; Code 1868, §…

O.C.G.A. § 33-24-16.1 Clariﬁcation of term ‘‘actual charge’’ or ‘‘actual fee’’

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(a) The term ‘‘actual charge’’ or ‘‘actual fee,’’ when used in an individual or group speciﬁed disease insurance policy, shall mean the amount actually paid by or on behalf of an insured person and accepted as full payment by a health care provider or other designated person for …

O.C.G.A. § 33-24-17 Assignment of policies

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A policy may be assignable or not assignable, as provided by its terms. Subject to its terms relating to assignability, any life or accident and sickness policy issued under the terms of which the beneﬁciary may be changed upon the sole request of the policy owner may be assigned…

O.C.G.A. § 33-24-18 Contents of insurance policies and annuity contracts generally

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(a) The written instrument in which a contract of insurance is set forth is the policy. (b) Every policy shall specify: (1) The names of the parties to the contract; (2) The subject of the insurance; (3) The risks insured against; (4) The time when the insurance under the policy …

O.C.G.A. § 33-24-19 Incorporation of constituent documents in policies

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No policy shall contain any provisions purporting to make any portion of the charter, bylaws, or other constituent document of the insurer a part of the contract unless the portion is set forth in full in the policy. Any policy provision in violation of this Code section shall be…

O.C.G.A. § 33-24-19.1 Certiﬁcate of insurance forms to be approved by Commissioner; deﬁnitions; required provisions of certiﬁcate

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(a) As used in this Code section, the term: (1) ‘‘Certiﬁcate’’ or ‘‘certiﬁcate of insurance’’ means any document or instrument, no matter how titled or described, which is prepared or issued by an insurer or insurance producer as evidence of property or casualty insurance coverag…

O.C.G.A. § 33-24-2 Applicability of chapter

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This chapter applies to all insurance policies and to annuities and pure endowment contracts as deﬁned in Code Section 33-28-1 except: (1) Reinsurance; (2) Policies or contracts not issued for delivery in this state or delivered in this state, except as provided in subsection (e)…

O.C.G.A. § 33-24-20 Provision in accident and sickness policies for termination of coverage of surviving spouse or as result of break in marital relationship; issuance of policy to spouse

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(a) No individual policy of accident and sickness insurance offered for sale in this state, other than a policy of credit accident and sickness insurance which provides coverage for hospital or medical expenses on either an expense incurred basis or other than on an expense incur…

O.C.G.A. § 33-24-21 Provision in accident and sickness policies for termination of group coverage of surviving spouse or as result of break in marital relationship; issuance of policy to spouse

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(a) No group policy of accident and sickness insurance offered for sale in this state, other than a policy of credit accident and sickness insurance which provides coverage for hospital or medical expenses on either an expense incurred basis or otherwise, which, in addition to co…

O.C.G.A. § 33-24-21.1 Group accident and sickness contracts; conversion privilege and continuation right provisions; impact of federal legislation

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(a) As used in this Code section, the term: (1) ‘‘Assistance-eligible individual’’ shall have the same meaning as provided by Section 3001 of Title III of the federal American Recovery and Reinvestment Act of 2009, as amended. (2) ‘‘Creditable coverage’’ under another health bene…

O.C.G.A. § 33-24-21.2 Continuation of coverage under group accident and sickness plans for persons 60 years of age or older

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(a) As used in this Code section, the term: (1) ‘‘Group contract or group plan’’ is synonymous with the term ‘‘contract or plan’’ and means: (A) A group contract of the type issued by a health care plan established under Chapter 20 of this title; (B) A group contract of the type …

O.C.G.A. § 33-24-22 Provision in health insurance policies for coverage of newly born or adopted children

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(a) All individual and group health insurance policies providing coverage on an expense incurred basis and individual and group service or indemnity type contracts issued by a nonproﬁt corporation which, under the terms of such policies, provide coverage for a family member of th…

O.C.G.A. § 33-24-23 Provision in group policies of accident and sickness insurance for exclusion or reduction of beneﬁts

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Notwithstanding any other provisions in this title to the contrary, no group policy of accident and sickness insurance offered for sale in this state shall be issued or renewed by any insurer transacting business in this state, or health care plan under Chapter 20 of this title, …

O.C.G.A. § 33-24-24 Provision in group or blanket accident and sickness policies of coverage for complications of pregnancy

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(a) For the purposes of this Code section, the term: (1) ‘‘Complications of pregnancy’’ means the following: (A) Conditions requiring hospital conﬁnement when the pregnancy is not terminated and whose diagnoses are distinct from pregnancy but are adversely affected by pregnancy o…

O.C.G.A. § 33-24-25 Provisions in group or blanket policies excluding or reducing coverage of persons eligible for or receiving medical assistance

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No group or blanket accident and sickness policy shall contain any provision purporting to exclude or reduce coverage provided an otherwise insurable person solely for the reason that the person is eligible for or receiving medical assistance as deﬁned in Article 7 of Chapter 4 o…

O.C.G.A. § 33-24-26 Provisions limiting or restricting payment of beneﬁts for preexisting illnesses or conditions

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No group accident and sickness insurance policy, other than policies of disability income insurance and credit accident and sickness insurance and other than policies of qualiﬁed self-insurers, shall be issued in this state, which policy limits or restricts payment of beneﬁts for…

O.C.G.A. § 33-24-26.1 Provisions required in group policies or contracts of disability income insurance covering preexisting conditions; restrictions on preexisting condition limitations or exclusions

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(a) A group policy or contract of disability income insurance shall not contain a deﬁnition of the term ‘‘preexisting condition’’ which is more restrictive than the following: preexisting condition means the existence of symptoms which would cause an ordinarily prudent person to …

O.C.G.A. § 33-24-27 Provision for reimbursement for services within the lawful scope of practice of psychologists or chiropractors

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(a) As used in this Code section, the term ‘‘psychologist’’ means any person who is: (1) Duly licensed as a psychologist under Chapter 39 of Title 43, which provides for the licensure of psychologists, and has a doctoral degree from an accredited educational institution and a yea…

O.C.G.A. § 33-24-27.1 Provision for reimbursement for services within the lawful scope of practice of optometrists

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Notwithstanding any provisions in such policies or contracts which might be construed to the contrary, all individual and group or blanket policies of accident and sickness insurance and individual or group service contracts or by health care corporations, pursuant to Chapter 20 …

O.C.G.A. § 33-24-27.2 Provision for reimbursement for services within the lawful scope of practice of athletic trainers

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Notwithstanding any provisions in policies or contracts which might be construed to the contrary, all individual, group, or blanket policies of accident and sickness insurance and individual or group service contracts or by health care corporations which are issued, delivered, is…

O.C.G.A. § 33-24-28 Termination of coverage of dependent child upon attainment of speciﬁed age

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(a) An individual hospital or medical expense insurance policy or hospital contract which provides that coverage of a dependent child shall terminate upon attainment of the limiting age for dependent children speciﬁed in the policy or contract shall also provide in substance that…

O.C.G.A. § 33-24-28.1 Coverage of treatment of mental disorders

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(a) As used in this Code section, the term: (1) ‘‘Accident and sickness insurance beneﬁt plan, policy, or contract’’ means: (A) An individual accident and sickness insurance policy or contract, as deﬁned in Chapter 29 of this title; or (B) Any similar individual accident and sick…

O.C.G.A. § 33-24-28.2 Coverage of outpatient surgery

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(a) As used in this Code section, the term: (1) ‘‘Anesthetic’’ means an agent that produces insensibility to pain or touch. According to their action, such anesthetics are subdivided into the categories of general and local anesthetics. (2) ‘‘Charges for facility services’’ means…

O.C.G.A. § 33-24-28.4 Coverage of general anesthesia and hospital or ambulatory surgical facility charges for certain dental care

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(a) As used in this Code section, the term ‘‘general anesthesia’’ means the use of an anesthetic that is complete and affects the entire body, causing loss of consciousness when the anesthetic acts upon the brain. Such anesthetics are usually administered intravenously or through…

O.C.G.A. § 33-24-29 Coverage for treatment of mental disorders under accident and sickness insurance beneﬁt plans providing major medical beneﬁts covering small groups; federal law

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(a) As used in this Code section, the term: (1) ‘‘Accident and sickness insurance beneﬁt plan, policy, or contract’’ means: (A) A group or blanket accident and sickness insurance policy or contract, as deﬁned in Chapter 30 of this title; (B) A group contract of the type issued by…

O.C.G.A. § 33-24-29.1 Coverage for mental disorders under accident and sickness insurance beneﬁt plans providing major medical beneﬁts covering all groups except small groups

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(a) As used in this Code section, the term: (1) ‘‘Accident and sickness insurance beneﬁt plan, policy, or contract’’ means: (A) A group or blanket accident and sickness insurance policy or contract, as deﬁned in Chapter 30 of this title; (B) A group contract of the type issued by…

O.C.G.A. § 33-24-3 Insurable interest; personal insurance

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(a) An insurable interest, with reference to personal insurance, is an interest based upon a reasonable expectation of pecuniary advantage through the continued life, health, or bodily safety of another person and consequent loss by reason of such person’s death or disability or …

O.C.G.A. § 33-24-30 Excluding or denying coverage on basis of violation of civil air regulations

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(a) No policy of insurance issued or delivered in this state covering any loss, expense, or liability arising out of the ownership, maintenance, or use of an aircraft shall exclude or deny coverage because the aircraft is operated in violation of civil air regulations pursuant to…

O.C.G.A. § 33-24-30.1 Excluding or denying coverage on basis of lawful ﬁrearms possession

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No policy of insurance issued or delivered in this state covering any loss, damage, expense, or liability shall exclude or deny coverage because the insured, members of the insured’s family, or employees of the insured will keep or carry in a lawful manner ﬁrearms on the property…

O.C.G.A. § 33-24-31 Provision in group disability income policies for offsetting of increased social security beneﬁts

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No group disability income policy which integrates beneﬁts shall provide that the amount of any disability beneﬁt actually being paid to the disabled person shall be reduced by changes in the level of social security beneﬁts resulting either from changes in the federal Social Sec…

O.C.G.A. § 33-24-32 Underwriters’ and combination policies

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(a) Two or more authorized insurers may jointly issue and shall be jointly and severally liable on an underwriters’ policy bearing their names. Any one insurer may issue policies in the name of an underwriter’s department and the policy shall plainly show the true name of the ins…

O.C.G.A. § 33-24-33 Binders and other contracts for temporary insurance

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(a) Binders or other contracts for temporary insurance may be made orally or in writing and shall be deemed to include all the usual terms of the policy as to which the binder was given together with any applicable endorsements that are designated in the binder, except as superse…

O.C.G.A. § 33-24-34 Authorization of group insurance for government employees; deduction of premiums from wages or salaries

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Each and every county, county board of education, city, town, governmental unit, department, board, or bureau of this state or of the cities and towns of this state is authorized to make deductions periodically from the wages or salaries of its employees with which to pay the pre…

O.C.G.A. § 33-24-35 Withdrawal or retirement from group insurance plan

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Participation in group insurance by employees shall be entirely voluntary on the part of each employee at all times. Any employee, upon any payday, may withdraw or retire from such group plan upon giving his employer written notice of his intention to do so and directing the disc…

O.C.G.A. § 33-24-36 Effect of government employee group insurance upon rights under Workers’ Compensation Act

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The insurance permitted under Code Sections 33-24-34 and 33-24-35 shall be in addition to and in no manner in lieu of Chapter 9 of Title 34. History. — Code 1933, § 56-2433, enacted by Ga. L. 1960, p. 289, § 1.

O.C.G.A. § 33-24-38 Renewal or extension of policies by certiﬁcate or endorsement

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Any insurance policy terminating by its terms at a speciﬁed expiration date and not otherwise renewable may be renewed or extended at the option of the insurer and upon a currently authorized policy form and at the premium rate then required for renewal or extension for a speciﬁc…

O.C.G.A. § 33-24-39 Insurers to furnish forms for proof of loss; effect of furnishing or failure to furnish forms

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An insurer shall furnish, upon written request of any person claiming to have a loss under an insurance contract issued by the insurer, forms for proof of loss for completion by the person, but the insurer shall not, by reason of the requirement so to furnish forms, have any resp…

O.C.G.A. § 33-24-4 Insurable interest; property insurance

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(a) As used in this Code section, the term ‘‘insurable interest’’ means any actual, lawful, and substantial economic interest in the safety or preservation of the subject of the insurance free from loss, destruction, or pecuniary damage or impairment. (b) No insurance contract on…

O.C.G.A. § 33-24-40 Acts of claims administration not to be deemed waiver of policies or defenses under policies

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Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer shall be deemed to constitute a waiver of any provision of a policy or of any defense of the insurer under the policy: (1) Acknowledgment of the receipt of…

O.C.G.A. § 33-24-41 Discharge of insurer by payment generally

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Whenever the proceeds of or payments under a life or accident and sickness insurance policy or annuity contract become payable in accordance with the terms of the policy or contract or the exercise of any right or privilege under the policy or contract and the insurer makes payme…

O.C.G.A. § 33-24-41.1 Motor vehicle accident claim covered by two or more insurance carriers; limited release

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(a) In any instance where a claim arising out of a motor vehicle accident is covered by two or more insurance carriers, one such carrier may tender, and the claimant may accept, the limits of such policy; and, in the event of multiple claimants, the settling carrier may tender, a…

O.C.G.A. § 33-24-41.2 Written notice by insurer to claimant of payment of claim in third-party settlement

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(a) Upon the payment of $5,000.00 or more in settlement of any third-party liability claim, where the claimant is a natural person, the insurer or its representative shall provide written notice to the claimant at the same time payment is made by draft, check, or otherwise by suc…

O.C.G.A. § 33-24-42 Payment of claims in event of simultaneous deaths

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Where the individual insured or the annuitant and the beneﬁciary designated in a life insurance policy or policy insuring against accidental death or in an annuity contract have died and there is not sufficient evidence that they have died otherwise than simultaneously, the proce…