Title 33 — Title 33
0 chapters · 1,218 sections in this title.
O.C.G.A. § 33-5-58 Pleading, §33-5-57
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Recovery of penalty and attorneys’ fees by plaintiff, §33-5-58. Unfair claims settlement practices. Availability of private cause of actions, §33-6-37. Venue of actions, §33-4-1. Actions against unauthorized insurers issuing surplus line policies, §33-5-34. Actions by reciprocal …
O.C.G.A. § 33-5-59 Applicability of article
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This article shall not apply to any action or proceeding against any unauthorized insurer arising out of any contract of: (1) Reinsurance effectuated in accordance with the laws of Georgia; (2) Surplus line insurance authorized by this chapter; (3) Insurance on property or operat…
O.C.G.A. § 33-6-1 Purpose of article
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The purpose of this article is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the act of Congress of March 9, 1945 (Public Law 15, 79th Congress), by defining or providing for the determination of all practices in…
O.C.G.A. § 33-6-10 Orders of Commissioner and judicial review
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(a) Any order, decision, or the imposition of any penalty by the Commissioner shall be subject to review by petition for review as provided in Chapter 2 of this title. The Commissioner’s finding upon questions of fact shall be final if sustained by substantial evidence. (b) To the …
O.C.G.A. § 33-6-11 Intervenor appeal for judicial review
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If the report of the Commissioner does not charge a violation of this article, any intervenor in the proceedings may cause a review of such decision by appeal to the Superior Court of Fulton County as provided for in Chapter 2 of this title. Upon that review, the court shall have…
O.C.G.A. § 33-6-12 Promulgation of rules and regulations by Commissioner
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The Commissioner after notice and hearing may promulgate reasonable rules and regulations as are necessary or proper to identify specific methods of competition or acts or practice which are prohibited by Code Sections 33-6-4 and 33-6-5; but the rules and regulations shall not enl…
O.C.G.A. § 33-6-14 TRADE SECRETS
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Insurance companies. Own risk and solvency assessment (ORSA) summary reports. Proprietary and secret nature of report and information contained, §33-13-38. Insurance underwriting and rate risking. Scoring models, §33-24-95. UNCONSCIOUS PERSONS. Health insurance. Coverage of outpa…
O.C.G.A. § 33-6-30 Short title
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This article shall be known and may be cited as the ‘‘Unfair Claims Settlement Practices Act.’’ History. — Code 1981, § 33-6-30, enacted by Ga. L. 1992, p. 3048, § 9. 33-6-31. Purpose.
O.C.G.A. § 33-6-31 Purpose
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The purpose of this article is to set forth standards for the investigation and disposition of claims arising under policies or certificates of insurance issued to residents of Georgia. It is not intended to cover claims involving workers’ compensation, fidelity, or surety insuranc…
O.C.G.A. § 33-6-32 Definitions
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As used in this article, the term: 244 33-6-34 (1) ‘‘Insured’’ means the party named on a policy or certificate or as defined in the contract as the person with legal rights to the benefits provided by such policy or certificate. (2) ‘‘Person’’ means an individual, corporation, assoc…
O.C.G.A. § 33-6-33 When claims settlement practice improper
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It is an improper claims settlement practice for any domestic, foreign, or alien insurer transacting business in Georgia to commit any act provided in Code Section 33-6-34 if such act: (1) Is committed flagrantly and in conscious disregard of this title or any rule or regulation p…
O.C.G.A. § 33-6-34 Exempt claim, §33-6-31
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Hearing procedures, §33-6-35. Impropriety of practice, §33-6-33. Intervenors, §33-6-35. Judicial review, §33-6-35. Notice of hearing, §33-6-35. Penalties, §33-6-35. Private cause of action. Availability, §33-6-37. Purpose of article, §33-6-31. Rules and regulations, §33-6-36. INS…
O.C.G.A. § 33-6-35 Unfair trade practices
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Cancellation or nonrenewal of policies, §33-6-5. Hearing by commissioner, §33-6-7. Insurance deficiency assessment. Limitation period for issuance of notice, §33-2-30. Insurance holding company systems. Disclosure of information obtained during examinations or investigations, §33-…
O.C.G.A. § 33-6-36 Rules and regulations
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The Commissioner may, in accordance with the procedures set forth in Code Section 33-2-9, promulgate rules and regulations necessary to implement and enforce the provisions of this article. If the Commissioner should find that extraordinary circumstances exist and that it would be…
O.C.G.A. § 33-6-37 Short title, §33-6-30
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VANDALISM AND DAMAGING PROPERTY. Insurance. Casualty insurance, §33-7-3. Surety insurance, §33-7-7. UNFAIR OR DECEPTIVE TRADE PRACTICES. Charitable gift annuities. Issuance not to constitute violation of provisions, §33-58-6. Fraternal benefit societies. Applicability of unfair tr…
O.C.G.A. § 33-6-4 SHIPS AND VESSELS
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Insurance. Marine and transportation insurance. Kinds of insurance, §33-7-5. SICKNESS INSURANCE. Life and health insurance guaranty association, §§33-38-1 to 33-38-22. Long-term care insurance, §§33-42-1 to 33-42-6. Medicare supplement insurance, §§33-43-1 to 33-43-9. SIGNATURES.…
O.C.G.A. § 33-6-7 Insurance fraud, §33-1-16
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Special insurance fraud fund, §33-1-17. 1264 INDEX JOINT AND SEVERAL LIABILITY. Insurance companies. Division of domestic insurers. Liabilities of resulting insurers, §33-14-126. Tax credit liability, §33-8-4.2. Multiple employer self-insured health plans. Each participating empl…
O.C.G.A. § 33-6-9 Purpose of article
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‘‘Person’’ defined. Unfair methods of competition or unfair and deceptive acts or practices prohibited. Enumeration of unfair methods of competition and unfair or deceptive acts or practices; penalty. Other unfair methods of competition and unfair and deceptive acts or practices. …
O.C.G.A. § 33-7-1 Definitions of insurance not deemed mutually exclusive
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It is intended that certain coverages may come within the definitions of two or more kinds of insurance as set forth in this chapter, and the fact that the coverage is included within one definition shall not exclude 249 33-7-2 the coverage as to any other kind of insurance within …
O.C.G.A. § 33-7-10 Persons deemed subject to laws regulating life insurance companies
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Every person writing or issuing contracts of life insurance as described in Code Section 33-7-4 or as defined in Code Section 33-25-1 shall be deemed to be engaged in the business of life insurance and shall be subject to all of the provisions of the laws of Georgia regulating lif…
O.C.G.A. § 33-7-11 Knight v
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Georgia Farm Bureau Mut. Ins. Co., 184 Ga. App. 312, 361 S.E.2d 190, cert. denied, 184 Ga. App. 910, 361 S.E.2d 190 (1987) (decided prior to 1986 amendment to subdivision (b)(1)(D)(II)). Insurer was contractually obligated to proceed as if vehicle were ‘‘uninsured,’’ even if anot…
O.C.G.A. § 33-7-11.1 Municipal licensing fees, §33-8-8
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Municipal taxes. Companies other than life insurance companies, §33-8-8.2. Illegally assessed taxes. Distribution of reimbursement, §33-8-8.5. Inactive municipalities, §33-8-8.4. Life insurance companies, §33-8-8.1. Nonprotested premium taxes, §33-8-8.6. 1240 INDEX INSURANCE COMP…
O.C.G.A. § 33-7-13 Limitation of risks
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(a) A ‘‘subject of insurance,’’ for the purposes of this Code section, as to insurance against fire and hazards other than catastrophic hazards includes all properties insured by the same insurer which are customarily considered by underwriters to be subject to loss or damage from…
O.C.G.A. § 33-7-14 Reinsurance of risks
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(a) Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a deduction from liability on account of reinsurance ceded only when the reinsurer meets the requirements of paragraph (1), (2), (3), (4), (5), (6), or (7) of this subsection, and the Comm…
O.C.G.A. § 33-7-15 GARNISHMENT
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Annuity, reversionary annuity or pure endowment contracts. Proceeds exempt, §33-28-7. 1161 INDEX GARNISHMENT —Cont’d Exemption. Annuity, reversionary annuity or pure endowment contracts. Proceeds, §33-28-7. Life insurance policies and annuity contracts. Cash surrender value and p…
O.C.G.A. § 33-7-2 Accident and sickness insurance
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Accident and sickness insurance is insurance against bodily injury, disablement, or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness and every insurance appertaining thereto. History. — Code 1933, § 56-404, e…
O.C.G.A. § 33-7-2.1 Rescission
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Insurance companies. Public adjuster contracts, right to rescind, §33-23-43.1. CONVALESCENCE. Insurance company investments. Acquisition and holding of real property for, §33-11-31. CONVERSION OF ACCIDENT AND SICKNESS CONTRACTS. Group accident and sickness contracts, §33-24-21.1.…
O.C.G.A. § 33-7-3 Casualty insurance
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Casualty insurance includes vehicle insurance as defined in Code Section 33-7-9 and accident and sickness insurance as defined in Code Section 33-7-2 and in addition includes: (1) Liability insurance, which is insurance against legal liability for the death, injury, or disability o…
O.C.G.A. § 33-7-3.1 Credit insurance
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(a) As used in this Code section, the term: (1) ‘‘Credit insurance’’ means any insurance which is recognized by this title as being applicable or appropriate for use in connection with any loan, retail installment transaction, or any other credit transaction made pursuant to any …
O.C.G.A. § 33-7-4 Life insurance
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Life insurance is insurance on human lives and insurance appertaining to or connected with human lives. The transacting of life insurance includes the granting of endowment benefits, additional benefits in the event of death or dismemberment by accident or accidental means, additio…
O.C.G.A. § 33-7-5 Marine and transportation insurance
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Marine and transportation insurance includes: (1) Insurance against any and all kinds of loss or damage to vessels, craft, aircraft, cars, automobiles, and vehicles of every kind, as well as all goods, freight, cargoes, merchandise, effects, disbursements, profits, moneys, bullion…
O.C.G.A. § 33-7-6 PROPERTY TAXES
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Fraternal benefit societies, §33-15-83. PROSECUTING ATTORNEYS. Insurance violations. Notice by commissioner, §33-2-24. PROSTATE CANCER. Insurance coverage. Group insurance. Prostate specific-antigen tests. Defined, coverage, §33-30-4.2. PRUDENT PERSON RULE. Long-term health care. Pr…
O.C.G.A. § 33-7-7 Surety insurance
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Surety insurance includes: (1) Fidelity insurance, which is insurance guaranteeing the fidelity of persons holding positions of public or private trust; (2) Insurance guaranteeing the performance of contracts other than insurance policies and guaranteeing and executing bonds, unde…
O.C.G.A. § 33-7-8 Title insurance
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Title insurance is insurance of owners of real or personal property or others having an interest in such real or personal property, or liens or encumbrances on such real or personal property, against loss by encumbrance, defective titles, invalidity, adverse claim to title, or un…
O.C.G.A. § 33-7-9 Vehicle insurance
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Vehicle insurance is insurance against loss of or damage to any land vehicle or aircraft, any draft or riding animal, or to property while contained therein or thereon or being loaded or unloaded therein or therefrom from any hazard or cause, and against any loss, liability, or e…
O.C.G.A. § 33-8-1 Fees and charges generally
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The Commissioner is authorized to assess and collect in advance, and persons so assessed shall pay in advance to the Commissioner, fees and charges under this title as follows: (1) Unless specifically provided otherwise, for each certificate of authority, original license, renewal …
O.C.G.A. § 33-8-10 Reciprocal insurers
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Payment of fees, §33-17-7. Reduction of premium taxes, §33-8-5. Retaliatory tax deduction, §33-8-7. Returns for payment of premium taxes, §33-8-6. Risk retention groups, §33-40-5. Surplus line brokers, §§33-5-31, 33-5-32. Time of payment of premium taxes, §33-8-6. Waiver by commi…
O.C.G.A. § 33-8-12 Waiver of penalties and interest
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The Commissioner is authorized to waive the collection of any amount due the state as a penalty under provisions of this title providing for fees, premium taxes, or other miscellaneous charges collected by the Commissioner, whenever or to the extent that he may determine that the…
O.C.G.A. § 33-8-13 Exemption of certain insurance companies from taxes
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Any other provision of this chapter to the contrary notwithstanding, an insurance company exempt from federal income tax pursuant to the provisions of 26 U.S.C. Section 501(c)(3) or (4) and which only insures the risks of places of worship shall be exempt from the taxes levied up…
O.C.G.A. § 33-8-2 Fees and taxes imposed upon representatives of insurers of other states
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The same fees or taxes imposed upon Georgia agents, brokers, adjusters, or any other representatives of insurers, as listed in this 373 33-8-3 chapter, for the privilege of doing business in another state shall be imposed upon agents, brokers, adjusters, or any other representati…
O.C.G.A. § 33-8-3 License fees of insurance companies generally
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(a) Each and every insurance company, domestic, foreign, or alien, carrying on an insurance business in Georgia shall pay to the Commissioner, annually in advance, on or before July 1, a license fee in an amount as provided in Code Section 33-8-1, which payment shall be in lieu o…
O.C.G.A. § 33-8-4 Confidentiality of information
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Secured by commissioner, §33-8-10. County and municipal taxes, §§33-8-8.1 to 33-8-8.6. Companies other than life insurance companies, §33-8-8.2. Exemption of certain insurance companies, §33-8-13. Illegally assessed taxes. Distribution of reimbursement, §33-8-8.5. Inactive munici…
O.C.G.A. § 33-8-4.2 Assignment, carryover, and liability regarding tax credits
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33-8-5. Abatement or reduction of tax on insurance premiums. 33-8-6. Time of payment of tax on insurance premiums; filing of returns; penalties.
O.C.G.A. § 33-8-5 Abatement or reduction of tax on insurance premiums
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Whenever any insurance company doing business in this state shall make it appear to the Commissioner, by evidence satisfactory to him, that one-fourth of its total assets, as of December 31 of any taxable year, exclusive of direct obligations of the United States, consists of or …
O.C.G.A. § 33-8-6 Time of payment of tax on insurance premiums; filing of returns; penalties
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33-8-7. Deduction from taxes of retaliatory taxes paid other states. 33-8-8. Preemption of taxation of insurance companies by state; exceptions; collection of license fees by municipal corporations.
O.C.G.A. § 33-8-8.1 County and municipal corporation taxes on life insurance companies
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(a) As used in this Code section, the term ‘‘life insurance company’’ means a company which is authorized to transact only the class of insurance designated in Code Section 33-3-5 as class (1). (b) Life insurance companies are subject to county and municipal corporation taxes lev…
O.C.G.A. § 33-8-8.2 Runners, employing
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Sale, release or solicitation of accident information, §33-24-53. Sale, release or solicitation of accident information, §33-24-53. Steerers, employing. Sale, release or solicitation of accident information, §33-24-53. Transportation network companies and drivers. Motor vehicle i…
O.C.G.A. § 33-8-8.4 Inactive municipalities
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For purposes of levying, collecting, distributing, and applying the proceeds of local insurance taxes and for all other purposes of Code Sections 33-8-8.1, 33-8-8.2, and 33-8-8.3, the population of an inactive municipality shall be considered to be population of the unincorporate…
O.C.G.A. § 33-8-8.6 Nonprotested premium taxes
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Notwithstanding any other provision of law, any payment by an insurance company, other than a life insurance company, of premium taxes levied by a county or municipality heretofore made which when 398 33-8-8.6 FEES AND TAXES 33-8-10 made was not accompanied by a written protest o…
O.C.G.A. § 33-8-9 Granting of refunds and credits by Commissioner
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Refunds and credits of license fees and taxes levied by this chapter shall be made by the Commissioner in accordance with the provisions of Code Sections 33-2-29 through 33-2-31. History. — Code 1933, § 56-1312, enacted by Ga. L. 1973, p. 499, § 4; Ga. L. 1976, p. 1080, § 2.