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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

32 sections·Filtered byTitle 33✕Ch 3✕

O.C.G.A. § 33-3-1 Deﬁnitions
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As used in this chapter, the term: (1) ‘‘Administrative supervision’’ means the continued operation of the company under supervision of the Commissioner in accordance with regulations promulgated by the Commissioner. (2) ‘‘Alien’’ insurer means an insurer formed under the laws of…
O.C.G.A. § 33-3-10 Requirement of additional special deposits of securities by domestic, foreign, or alien insurers
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(a) In addition to the deposits required by Code Sections 33-3-8 and 33-3-9, the Commissioner may require any domestic, foreign, or alien insurer to make such additional special deposits of securities eligible for the investment of capital funds of domestic insurers under this ti…
O.C.G.A. § 33-3-12 Requirements as to name of insurer
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(a) No insurer shall be authorized to transact insurance in Georgia which has or uses a name so similar to that of any insurer already so authorized as to cause uncertainty or confusion, except that, in case of conﬂict of names between two insurers, the Commissioner may permit or…
O.C.G.A. § 33-3-13 Information required in or attached to application for certiﬁcate of authority

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To apply for an original certiﬁcate of authority an insurer shall ﬁle with the Commissioner its application therefor showing its name, location of its home office or its existing or proposed principal office in the United States if an alien insurer, kinds of insurance to be trans…

O.C.G.A. § 33-3-14 Application fee

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Every original application shall be accompanied by the fee required by Code Section 33-8-1, which shall be returned to the applicant if the application is ﬁnally denied. History. — Code 1933, § 56-313, enacted by Ga. L. 1960, p. 289, § 1.

O.C.G.A. § 33-3-15 Issuance or refusal of certiﬁcate of authority generally; determining whether insurer meets deﬁnition of reinsurer; designation on certiﬁcate

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(a) Upon ﬁling of an application for an original certiﬁcate of authority, the Commissioner shall have 90 days in which to approve the application by issuing an appropriate certiﬁcate of authority or disapprove the application by issuing an order setting forth the grounds for such…

O.C.G.A. § 33-3-16 Expiration of certiﬁcate; procedure for renewal; amendment of certiﬁcate by Commissioner

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(a) All certiﬁcates of authority shall expire at 12:00 Midnight on June 30 of the year following date of issuance or renewal. An insurer desiring renewal shall ﬁle on March 1 preceding expiration a copy of its annual statement of December 31 of the preceding year in a form approv…

O.C.G.A. § 33-3-17 Discretionary refusal, revocation, or suspension of certiﬁcate generally

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In addition to any other grounds set forth in this title, the Commissioner may refuse to issue a certiﬁcate of authority or after a hearing refuse to renew or may revoke or suspend an insurer’s certiﬁcate of authority or place an insurer under administrative supervision if the in…

O.C.G.A. § 33-3-18 Administrative supervision or suspension of certiﬁcate of authority for cause

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The Commissioner may, without advance notice or a hearing thereon, place an insurer under administrative supervision or suspend immediately the certiﬁcate of authority of any insurer: (1) As to which proceedings for receivership, conservatorship, rehabilitation, or other delinque…

O.C.G.A. § 33-3-19 Mandatory refusal, revocation, or suspension of certificate

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The Commissioner shall refuse to issue or to renew or shall revoke or suspend an insurer’s certiﬁcate of authority: (1) If such action is required by any provision of this title; or (2) If the insurer no longer meets the requirements for the authority originally granted on accoun…

O.C.G.A. § 33-3-2 Certiﬁcate of authority required for transaction of insurance within state; exceptions

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(a) No person shall act as an insurer and no insurer shall transact insurance in Georgia except as authorized by a subsisting certiﬁcate of authority granted to it by the Commissioner, except as to any transactions as are expressly otherwise provided for in this title. (b) The me…

O.C.G.A. § 33-3-20 Imposition of administrative ﬁne upon insurer for certain acts of officers, employees, agents, or representatives

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(a) The Commissioner may, after a hearing, impose upon an insurer an administrative ﬁne if he ﬁnds that such insurer through the acts of its officers, employees, agents, or representatives has with such frequency as to indicate its general business practice in this state: (1) Fai…

O.C.G.A. § 33-3-21 Reports of business affairs and operations of insurers generally

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On or before March 1 in each year after it shall have commenced to do business pursuant to a certiﬁcate of authority, every insurer shall make and ﬁle with the Commissioner a report of its affairs and operations during the year ending on December 31 of the preceding year. This an…

O.C.G.A. § 33-3-21.1 Submission of reports by property and casualty insurers; types of insurance to which requirement applies; contents of report; public inspection

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(a) By rule or regulation, the Commissioner may require each insurer licensed to write property and casualty insurance by the Commissioner to submit a report on a form furnished by the Commissioner showing its direct writings in this state. (b) The report permitted by subsection …

O.C.G.A. § 33-3-21.2 Analysis of adequacy of loss and loss adjustment expense reserves when reserves outside standard range

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(a) As used in this Code section, the term ‘‘qualiﬁed independent loss reserve specialist’’ means a person who is not an employee, principal, director, or indirect owner of the insurer and either is a member of the casualty actuarial society or possesses such other experience acc…

O.C.G.A. § 33-3-21.3 Annual ﬁlings with National Association of Insurance Commissioners; agents of Commissioner not subject to civil liability; conﬁdentiality of information

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(a) This Code section shall apply to all domestic, foreign, and alien insurers who are authorized to transact business in this state. (b)(1) Each domestic, foreign, and alien insurer who is authorized to transact insurance in this state shall ﬁle annually on or before March 1 of …

O.C.G.A. § 33-3-22 Reports of insurers authorized to transact product liability insurance

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The Commissioner by rule and regulation may require each insurer providing product liability insurance in this state to provide reports of its affairs and operations regarding product liability insurance covering risks located in this state with such frequency and in such form as…

O.C.G.A. § 33-3-23 Transaction restrictions on lending institutions and bank holding companies

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(a) For the purposes of this Code section, the term: (1) ‘‘Bank holding company’’ means the deﬁnition as set forth in Code Section 7-1-600 and in Section 2 of an act of Congress entitled the Bank Holding Company Act of 1956, as amended. (2) ‘‘Lending institution’’ means any domes…

O.C.G.A. § 33-3-24 Transaction restrictions on institutions of Farm Credit System

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(a) No institution included in the Farm Credit System as set forth and identiﬁed in 12 U.S.C.A., Section 2002 (Pub. Law 92-181, Sec. 1.2, Dec. 10, 1971, 85 Stat. 583), any subsidiary or affiliate of such institution doing business in this state, any officer or employee of any ins…

O.C.G.A. § 33-3-25 Language simpliﬁcation and reading ease standards; applicability of Code section

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(a) All homeowner’s insurance policies, including tenant homeowner’s insurance policies, personal automobile insurance policies, individual life or accident and sickness insurance policies, all certiﬁcates of group life or accident and sickness insurance coverage, and all coverag…

O.C.G.A. § 33-3-26 Retaliation

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(a) When by or pursuant to the laws of any other state or foreign country any taxes, licenses, and other fees in the aggregate and any ﬁnes, penalties, deposit requirements, or other material obligations, prohibitions, or restrictions are or would be imposed upon Georgia insurers…

O.C.G.A. § 33-3-27 Reports of awards under medical malpractice insurance policies

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(a) For the purposes of this Code section, the term: (1) ‘‘High/low agreement’’ means a settlement in which a defendant agrees to pay the plaintiff a minimum recovery in return for the plaintiff’s agreement to accept a maximum amount regardless of the outcome of the trial. (2) ‘‘…

O.C.G.A. § 33-3-28 Request by claimant for information as to name of insurer, name of each insured, and limits of coverage

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(a)(1) Every insurer providing liability or casualty insurance coverage in this state and which is or may be liable to pay all or a part of any claim shall provide, within 60 days of receiving a written request from the claimant, a statement, under oath, of a corporate officer or…

O.C.G.A. § 33-3-29 Licensing of foreign state insurers as domestic insurers

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(a) Any insurer which is organized under the laws of any other state and is admitted to do business in this state for the purpose of writing insurance may become a domestic insurer by complying with all of the requirements of this title relative to the organization and licensing …

O.C.G.A. § 33-3-3 Qualiﬁcations for transaction of insurance generally; transaction of insurance by insurers owned by states, foreign governments

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(a) To qualify for and hold authority to transact insurance in Georgia an insurer must be otherwise in compliance with the provisions of this title and with its charter powers and must be an incorporated stock insurer, an incorporated mutual insurer, a fraternal beneﬁt society, a…

O.C.G.A. § 33-3-30 Principal United States place of business of alien insurer entering through this state

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(a) Each alien insurer which enters through this state to transact insurance in the United States through a United States branch shall establish and maintain in this state such insurer’s principal place of business in the United States, and shall keep in such principal place of b…

O.C.G.A. § 33-3-4 Kinds of insurance in which insurers may transact

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An insurer which otherwise qualiﬁes to transact insurance in Georgia may be authorized to transact any one kind or combination of kinds of insurance as deﬁned in Chapter 7 of this title except: (1) A reciprocal insurer shall not transact life insurance; (2) A Lloyd’s insurer shal…

O.C.G.A. § 33-3-5 Classiﬁcation of kinds of insurance

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For the purpose of this chapter, the kinds of insurance deﬁned in Chapter 7 of this title shall be arranged in the following six classes: (1) Life, accident, and sickness; (2) Property, marine, and transportation; (3) Casualty; (4) Surety; (5) Title; and (6) Health maintenance or…

O.C.G.A. § 33-3-6 Requirements as to capital stock or surplus generally

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(a) On or after July 1, 2000, to qualify for an original certiﬁcate of authority to transact one or more classes of insurance, an insurer shall possess and thereafter maintain a minimum of $1.5 million in capital stock or in surplus. (b) As to surplus required for initial qualiﬁc…

O.C.G.A. § 33-3-7 Requirement of surplus for new insurers

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In addition to the minimum paid-in capital or minimum surplus of insurers required by this title, an insurer shall possess when ﬁrst authorized in this state and thereafter maintain surplus or additional surplus equal to the larger of $1.5 million if a stock, mutual, or reciproca…

O.C.G.A. § 33-3-8 Requirements as to deposit of securities generally

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(a) The Commissioner shall not issue a certiﬁcate of authority to transact insurance to any insurer unless the insurer has deposited in trust with this state securities eligible for the investment of capital funds of domestic insurers under this title in an amount not less than t…

O.C.G.A. § 33-3-9 Requirement of additional deposits of securities by foreign and alien insurers

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In those instances in which the Commissioner in his or her judgment shall deem it to be in the best interests of the citizens of this state, no certiﬁcate of authority shall be issued by the Commissioner to any foreign and alien insurer nor shall any certiﬁcate of authority be re…