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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

49 sections·Filtered byTitle 33✕Ch 9✕

O.C.G.A. § 33-9-1 Purpose and construction of chapter
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(a) The purpose of this chapter is to promote the public welfare by regulating insurance rates as provided in this chapter to the end that they shall not be excessive, inadequate, or unfairly discriminatory; to authorize the existence and operation of qualiﬁed rating organization…
O.C.G.A. § 33-9-10 Conduct of operations by organizations engaging in joint underwriting or reinsurance
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Upon compliance with this chapter as applicable thereto, any rating organization, advisory organization, and any group, association, or other organization of admitted insurers which engages in joint underwriting or joint reinsurance through such organization or by standing agreem…
O.C.G.A. § 33-9-11 Authorization of cooperation among rating organizations and insurers; review of cooperative activities and practices by Commissioner and proceedings thereon
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Cooperation among rating organizations or among rating organizations and insurers in rate making or in other matters within the scope of this chapter is authorized. The Commissioner may review the cooperative activities and practices and, if after a hearing he ﬁnds that the activ…
O.C.G.A. § 33-9-12 Requirement of license for rating organization; application; fee

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(a) No rating organization shall conduct its operations in this state without ﬁrst ﬁling with the Commissioner a written application for and securing a license to act as a rating organization. Any rating organization may make application for and obtain a license as a rating organ…

O.C.G.A. § 33-9-13 Evidence to be submitted by rating organization for license

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To obtain and retain a license, a rating organization shall provide satisfactory evidence to the Commissioner that it will: (1) Permit any admitted insurer to become a member of or a subscriber to such rating organization at a reasonable cost and without discrimination, or withdr…

O.C.G.A. § 33-9-14 Examination of rating organization application; investigation of applicant; issuance of license; duration of license

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(a) The Commissioner shall examine each application for license to act as a rating organization and the documents ﬁled therewith and may make such further investigation of the applicant, its affairs, and its proposed plan of business as he deems desirable. (b) The Commissioner sh…

O.C.G.A. § 33-9-15 Annual license fee for rating organizations

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Notwithstanding Code Section 33-9-14, each rating organization possessing a license of indeﬁnite term pursuant to such Code section shall owe and pay to the Commissioner an annual fee as provided in Code Section 33-8-1 in advance on account of such license until its ﬁnal terminat…

O.C.G.A. § 33-9-16 Purpose and construction of chapter

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Deﬁnitions. Application of chapter. Standards applicable to making and use of rates. Authorized joint actions by insurers generally. Authorized joint actions by two or more admitted insurers having common ownership or operating under common management or control generally. Author…

O.C.G.A. § 33-9-17 Requirement by rating organizations of membership by all insurers having common ownership or operating under common management

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If two or more insurers having a common ownership or operating in this state under common management are admitted for the classes or types of insurance for which a rating organization is licensed to make rates, the rating organization may require as a condition to membership or s…

O.C.G.A. § 33-9-18 Requirements for conduct of operations by advisory organizations generally; engaging in unfair or unreasonable practices

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(a) No advisory organization shall conduct its operations in this state unless and until it has ﬁled with the Commissioner a copy of its constitution, articles of incorporation, agreement, or association, and of its bylaws or rules and regulations governing its activities, all du…

O.C.G.A. § 33-9-19 Requirements for conduct of operations by organizations engaging in joint underwriting and joint reinsurance generally; engaging in unfair or unreasonable practices

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(a) Every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance through the group, association, or organization or by standing agreement among the members of the group, association, or organization shall ﬁle with the Commis…

O.C.G.A. § 33-9-2 Deﬁnitions

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As used in this chapter, the term: (1) ‘‘Advisory organization’’ means every person other than an admitted insurer, whether located within or outside this state, who prepares policy forms or makes underwriting rules incident to but not including the making of rates, rating plans,…

O.C.G.A. § 33-9-20 Maintenance of records by organizations generally; maintenance and reporting of statistics by insurers

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(a) Every insurer, rating organization, or advisory organization and every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance shall maintain reasonable records of the type and kind reasonably adapted to its method of ope…

O.C.G.A. § 33-9-21 Maintenance and ﬁling rates, rating plans, rating systems, or underwriting rules; examination of claim reserve practices by Commissioner

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(a) Every insurer shall maintain with the Commissioner copies of the rates, rating plans, rating systems, underwriting rules, and policy or bond forms used by it. The maintenance of rates, rating plans, rating systems, underwriting rules, and policy or bond forms with the Commiss…

O.C.G.A. § 33-9-21.1 Filing and maintenance of information relating to certain casualty insurance

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The following types of casualty insurance shall be ﬁled separately and data relative to such types of insurance shall be maintained separately: (1) Nonrecording insurance or nonﬁling insurance; and (2) Vendors’ single interest insurance. History. — Code 1981, § 33-9-21.1, enacted…

O.C.G.A. § 33-9-21.2 Petition for hearing by aggrieved insurer

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Any insurer aggrieved by the Commissioner’s disapproval of any rate ﬁling may petition the Commissioner for a hearing within ten days of the notiﬁcation of such disapproval, unless otherwise speciﬁcally provided by law. A hearing conducted pursuant to this Code section shall be c…

O.C.G.A. § 33-9-22 Conduct of examinations of organizations by Commissioner generally; acceptance of reports of insurance supervisory officials of other states

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(a) The Commissioner shall, at least once every ﬁve years, and may, as often as may be reasonable and necessary, make or cause to be made an examination of each licensed rating organization; and he may, as often as may be reasonable and necessary, make or cause to be made an exam…

O.C.G.A. § 33-9-23 Examination of admitted insurers; examination of insurers transacting workers’ compensation insurance

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(a) The Commissioner may, at any reasonable time, make or cause to be made an examination of every admitted insurer transacting any class of insurance to which this chapter is applicable to ascertain whether the insurer and every rate and rating system used by it for each class o…

O.C.G.A. § 33-9-24 Examination of officers, managers, agents, and employees of organizations and insurers

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The officers, managers, agents, and employees of any such organization, group, association, or insurer may be examined at any time under oath and shall exhibit all books, records, accounts, documents, or agreements governing its method of operation, together with all data, statis…

O.C.G.A. § 33-9-25 Payment of costs of examinations

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The reasonable cost of any examination authorized by this chapter shall be paid by the organization, group, association, or insurer to be examined. History. — Code 1933, § 56-526, enacted by Ga. L. 1967, p. 684, § 1.

O.C.G.A. § 33-9-26 Review of rate, rating plan, rating system, or underwriting rule by insurer or rating organization

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Any person aggrieved by any rate charged, rating plan, rating system, or underwriting rule followed or adopted by an insurer or rating organization may request the insurer or rating organization to review the manner in which the rate, plan, system, or rule has been applied with r…

O.C.G.A. § 33-9-27 Issuance of notice by Commissioner upon determination of noncompliance with requirements of chapter

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If after examination of an insurer, rating organization, advisory organization, or group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance, or upon the basis of other information, or upon sufficient complaint as provided in C…

O.C.G.A. § 33-9-28 Conduct of hearing by Commissioner upon failure to correct noncompliance; notice of hearing; matters considered at hearing

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If the Commissioner has good cause to believe the noncompliance to be willful, or if within the period prescribed by the Commissioner in the notice required by Code Section 33-9-27 the insurer, organization, group, or association does not make the changes necessary to correct the…

O.C.G.A. § 33-9-28.1 Assessment of investigation costs against parties

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The costs incurred by the Commissioner in conducting any hearing under this chapter may be assessed against the parties to the hearing in such proportion as the Commissioner may determine upon consideration of all relevant circumstances including, but not limited to, the nature o…

O.C.G.A. § 33-9-29 Issuance of remedial orders by Commissioner generally; suspension or revocation of certiﬁcate of authority or license

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If after a hearing pursuant to Code Section 33-9-28 the Commissioner ﬁnds: (1) That any rate, rating plan, or rating system violates the applicable provisions of this chapter, he may issue an order to the insurer or rating organization which has been the subject of the hearing sp…

O.C.G.A. § 33-9-3 Application of chapter

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(a) This chapter shall apply to all insurance on risks or on operations in this state, except: (1) Reinsurance other than joint reinsurance to the extent stated in Code Section 33-9-19; (2) Life insurance; (3) Disability income, speciﬁed disease, or hospital indemnity policies; (…

O.C.G.A. § 33-9-30 Suspension or revocation of license or certiﬁcate of authority for failure to comply with order of Commissioner

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In addition to other penalties provided in this title, the Commissioner, by order pursuant to Code Section 33-9-29, may suspend or revoke, in whole or in part, the license of any rating organization or the certiﬁcate of authority of any insurer with respect to the class or classe…

O.C.G.A. § 33-9-31 Manner of conduct of proceedings in connection with denial, suspension, or revocation of license or certiﬁcate of authority

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Except as otherwise provided in this chapter, all proceedings in connection with the denial, suspension, or revocation of a license or certiﬁcate of authority under this chapter shall be conducted in accordance with Chapter 2 of this title; and the Commissioner shall have all the…

O.C.G.A. § 33-9-32 Validity of contracts to use rates in excess of, or lower than, generally applicable rates

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Nothing contained in this chapter shall be deemed to prohibit an insurer and its insured from contracting to use a rate on a speciﬁc risk or risks which is in excess of or lower than that otherwise applicable, provided that the contract and rate deviation by consenting parties ha…

O.C.G.A. § 33-9-33 Payment of dividends, savings, or unabsorbed premium deposits by insurers

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Nothing in this chapter shall be construed to prohibit or regulate the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers. A plan for the payment of dividends, savings, or unabsorbed premiu…

O.C.G.A. § 33-9-34 Acts done, actions taken, or agreements made pursuant to chapter not to constitute violation under other laws

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No act done, action taken, or agreement made pursuant to the authority conferred by this chapter shall constitute a violation of or grounds for prosecution or civil proceedings under any other law of this state which does not speciﬁcally refer to insurance. History. — Code 1933, …

O.C.G.A. § 33-9-35 Withholding of information; false or misleading information

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No person, insurer, or organization shall willfully withhold information from, or knowingly give false or misleading information to, the Commissioner or to any rating organization, advisory organization, insurer, or group, association, or other organization of insurers which will…

O.C.G.A. § 33-9-36 Unauthorized premiums; unlawful inducements

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(a) As used in this Code section, the term: (1) ‘‘Gift certiﬁcate’’ shall have the same meaning as provided in Code Section 10-1-393. (2) ‘‘Insurance’’ includes suretyship. (3) ‘‘Policy’’ includes bond. (4) ‘‘Store gift card’’ shall have the same meaning as provided in Code Secti…

O.C.G.A. § 33-9-37 Liability of insurer conspiring to ﬁx insurance rates unauthorized by chapter

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In the event any insurer shall in collusion with any other insurer conspire to ﬁx, set, or adhere to insurance rates, except as expressly sanctioned by this chapter, the insurer shall be liable to any person damaged thereby for an amount equal to three times the amount of the dam…

O.C.G.A. § 33-9-38 Penalty for failure to comply with ﬁnal order of Commissioner; penalty for willful violation of provision of chapter

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(a) Any person, insurer, organization, group, or association who fails to comply with a ﬁnal order of the Commissioner under this chapter shall be liable to the state in an amount not exceeding $50.00; but, if such failure is willful, the person, insurer, organization, group, or …

O.C.G.A. § 33-9-39 Restrictions on motor vehicle insurance surcharges relating to accidents involving law enforcement officers, ﬁreﬁghters, or emergency medical technicians

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No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance that provides coverage for the personal motor vehicles of any law enforcement officer, ﬁreﬁghter, or emergency medical technician in this state for any accident: (1) That occurred while …

O.C.G.A. § 33-9-4 Standards applicable to making and use of rates

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The following standards shall apply to the making and use of rates pertaining to all classes of insurance to which this chapter is applicable: (1) Rates shall not be excessive or inadequate, as deﬁned in this Code section, nor shall they be unfairly discriminatory; (2) No rate sh…

O.C.G.A. § 33-9-40 Prohibition of motor vehicle insurance surcharges relating to accidents in which insured not at fault

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No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance or cancel such policy as a result of the insured person’s involvement in a multivehicle accident when such person was not at fault in such accident. History. — Code 1981, § 33-9-40, enac…

O.C.G.A. § 33-9-40.1 Rates of workers’ compensation policies issued to business entities with majority interest held by the same person; limitation on maintenance of reserves; investigations of complaints

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(a) An insurer shall not assign an adverse experience modiﬁcation factor which is applicable to the rate of a workers’ compensation insurance policy issued to a particular business entity to the rate of a workers’ compensation policy issued to another business entity maintaining …

O.C.G.A. § 33-9-40.2 Workers’ compensation insurance premium discount for insured with drug-free workplace program

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(a) For each policy of workers’ compensation insurance issued or renewed in the state on and after July 1, 1993, there shall be granted by the insurer not less than a 7 1/2 percent reduction in the premium for such policy if the insured has been certiﬁed by the State Board of Wor…

O.C.G.A. § 33-9-40.3 Employers to provide work based learning opportunities for students age 16 and older

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(a) For each policy of workers’ compensation insurance issued or renewed in the state on and after July 1, 2016, there may be granted by the insurer up to a 5 percent reduction in the premium for such policy if the insured has been certiﬁed by the State Board of Education to the …

O.C.G.A. § 33-9-42 Reduction in premiums for motor vehicle liability, ﬁrst-party medical, and collision coverages for certain named drivers

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(a) For each personal or family-type policy of private passenger motor vehicle insurance issued or issued for delivery in this state, there shall be offered by the insurer a reduction of not less than 10 percent in premiums for motor vehicle liability, ﬁrst-party medical, and col…

O.C.G.A. § 33-9-43 Reduction in premiums for motor vehicle liability, ﬁrst-party medical, and collision coverage for named drivers under 25 years of age

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(a) For each personal or family-type policy of private passenger motor vehicle insurance issued, delivered, issued for delivery, or renewed, there shall be offered by the insurer a reduction in the premium for motor vehicle liability, ﬁrst-party medical, and collision coverage fo…

O.C.G.A. § 33-9-44 Legislative intent

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It is speciﬁcally intended that the discounts provided in Code Sections 33-9-42 and 33-9-43 shall be provided by the insurer to any person who qualiﬁes for such discounts. History. — Code 1981, § 33-9-44, enacted by Ga. L. 1991, p. 1608, § 1.7; Ga. L. 2019, p. 337, § 1-55/SB 132.…

O.C.G.A. § 33-9-5 Authorized joint actions by insurers generally

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Subject to and in compliance with this chapter authorizing insurers to be members or subscribers of rating or advisory organizations or to engage in joint underwriting or joint reinsurance, two or more insurers may act in concert with each other and with others with respect to an…

O.C.G.A. § 33-9-6 Authorized joint actions by two or more admitted insurers having common ownership or operating under common management or control generally

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With respect to any matters pertaining to the making of rates or rating systems, the preparation or making of insurance policy or bond forms, underwriting rules, surveys, inspections and investigations, the furnishing of loss or expense statistics or other information and data, o…

O.C.G.A. § 33-9-7 Authorized agreements among admitted insurers for apportionment of property and casualty insurance; approval by Commissioner; review of practices and activities

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(a) Agreements may be made among admitted insurers with respect to the equitable apportionment among them of property and casualty insurance which may be afforded applicants who are in good faith entitled to but who are unable to procure such insurance through ordinary methods, a…

O.C.G.A. § 33-9-8 Agreements to share high-risk applicants; approval of rates

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(a) Agreements shall be made among admitted property and casualty insurers with respect to the equitable apportionment among them of property and casualty insurance which may be afforded applicants who are in good faith entitled to but who are unable to procure such insurance thr…

O.C.G.A. § 33-9-9 Use of rating systems, underwriting rules, or forms of rating or advisory organizations

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Members and subscribers of rating or advisory organizations may use the rating systems, underwriting rules, or policy or bond form of the organizations and the rates ﬁled by such organizations for all lines of insurance covered by the provisions of this chapter, either consistent…