Title 33 — Title 33
0 chapters · 1,218 sections in this title.
O.C.G.A. § 33-55-2 Assignments
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Realty, personalty, securities, etc., §33-11-38. Assumption reinsurance agreements, §§33-52-1 to 33-52-6. Applicability of chapter, §33-52-1. Approval or disapproval by commissioner, §33-52-6. Definitions, §33-52-2. Notice of rejection of transfer, §33-52-4. Notice of transfer, §3…
O.C.G.A. § 33-55-3 Releases
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Liability failures. Limited release, §33-24-41.1. Religious societies. Actions against nonresident societies. Service of process, §33-4-5. Rental vehicles. Agents, subagents, counselors and adjusters. Limited licenses for rental companies, §33-23-12. Reports. Agents, subagents, c…
O.C.G.A. § 33-56-1 Definitions
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As used in this chapter, the term: (1) ‘‘Adjusted RBC report’’ means an RBC report which has been adjusted in accordance with subsection (e) of Code Section 33-56-2. (2) ‘‘Corrective order’’ means an order issued by the Commissioner specifying corrective actions which the Commiss…
O.C.G.A. § 33-56-10 Exemptions from provisions
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Certain domestic property and casualty insurance, §33-56-9. Health organizations, §33-56-9. Foreign companies, §33-56-10. Definition of foreign insurer, §33-56-1. Health organizations.
O.C.G.A. § 33-56-11 Immunity of Commissioner and department
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There shall be no liability on the part of, and no cause of action shall arise against, the Commissioner or the department or its employees or agents for any action taken by them in the performance of their powers and duties under this chapter. History. — Code 1981, § 33-56-11, e…
O.C.G.A. § 33-56-12 Severability
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Reserved. Repealed by Ga. L. 2019, p. 533, § 1-21/HB 99, effective July 1, 2019. Editor’s notes. — This Code section was based on Code 1981, § 33-56-12, enacted by Ga. L. 1996, p. 928, § 1. 33-56-13. Effective date of notices by Commissioner.
O.C.G.A. § 33-56-13 Effective date of notices by Commissioner
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All notices by the Commissioner to an insurer which may result in regulatory action under this chapter shall be effective upon dispatch if transmitted by registered or certified mail or statutory overnight delivery or, in the case of any other transmission, shall be effective upon…
O.C.G.A. § 33-56-2 Annual risk-based capital level report required; computations
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(a) Every domestic insurer shall, on or prior to each March 1, prepare and submit to the Commissioner a report of its RBC levels, as of the end of the previous calendar year, containing such information as is required by the RBC instructions. In addition, every domestic insurer s…
O.C.G.A. § 33-56-3 Foreign insurers, §33-56-10
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Regulatory action level event, §33-56-4. Regulatory action level events, §33-56-4. Foreign insurers.
O.C.G.A. § 33-56-4 Foreign insurers
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Procedure, §33-56-10. Reports. Annual report, §33-56-2. Definition of RBC report, §33-56-1. Foreign insurers, §33-56-10. Supplemental nature of provisions, §33-56-9. 1254 INDEX INSURANCE COMPANIES —Cont’d Risk retention groups, §§33-40-1 to 33-40-20. Authority to transact insuranc…
O.C.G.A. § 33-56-5 Authorized control level events; actions by Commissioner
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(a) For the purposes of this Code section, ‘‘authorized control level event’’ means any of the following events: (1) The filing of an RBC report by the insurer which indicates that the insurer’s total adjusted capital is greater than or equal to its mandatory control level RBC but…
O.C.G.A. § 33-56-6 Mandatory control level events; actions by Commissioner
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(a) For purposes of this Code section, ‘‘mandatory control level event’’ means any of the following events: (1) The filing of an RBC report which indicates that the insurer’s total adjusted capital is less than its mandatory control level RBC; (2) Notification by the Commissioner t…
O.C.G.A. § 33-56-8 Construction and interpretation
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Supplemental nature of provisions. Notice. Effective date of notices by commissioner, §33-56-13. Consultants. Commissioner may retain, §33-56-4. Corrective orders. Confidentiality, §33-56-8. Defined, §33-56-1. Definitions, §33-56-1. Authorized control level event, §33-56-5. Company …
O.C.G.A. § 33-58-1 Definitions
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As used in this chapter, the term: (1) ‘‘Charitable gift annuity’’ means a transfer of cash or other property by a donor to a charitable organization in return for an annuity payable over one or two lives, under which the actuarial value of the annuity is less than the value of t…
O.C.G.A. § 33-58-2 Qualified charitable gift annuities
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(a) The issuance of a qualified charitable gift annuity does not constitute engaging in the business of insurance in this state. (b) A charitable gift annuity issued before July 1, 2000, is a qualified charitable gift annuity for purposes of this chapter, and the issuance of that c…
O.C.G.A. § 33-58-3 Agreement for annuity; notice
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(a) When entering into an agreement for a qualified charitable gift annuity, the charitable organization shall disclose to the donor in writing in the annuity agreement that a qualified charitable gift annuity is not insurance under the laws of this state and is not subject to regu…
O.C.G.A. § 33-58-4 Notice of annuity to Commissioner
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(a) A charitable organization that issues qualified charitable gift annuities shall notify the Commissioner in writing by the date on which it enters into the organization’s first qualified charitable gift annuity agreement. The notice shall: (1) Be signed by an officer or director …
O.C.G.A. § 33-58-5 Failure to comply with notice
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The failure of a charitable organization to comply with the notice requirements imposed under Code Section 33-58-3 or Code Section 33-58-4 does not prevent a charitable gift annuity that otherwise meets the requirements of this chapter from constituting a qualified charitable gift…
O.C.G.A. § 33-58-6 Contents of contracts, §33-24-18
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Definitions. Annuity and pure endowment contracts, §33-28-1. Effective date, §33-24-15. Exemption from attachment, garnishment or legal process. Cash surrender value and proceeds, §§33-25-11, 33-28-7. ANNUITIES —Cont’d Forms. Approval or disapproval, §33-24-9. Grounds for disappro…
O.C.G.A. § 33-59-1 Short title
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This chapter shall be known and may be cited as the ‘‘Life Settlements Act.’’ 1002 33-59-2 History. — Code 1981, § 33-59-1, enacted by Ga. L. 2005, p. 998, § 1/SB 217; Ga. L. 2009, p. 370, § 1/SB 61.
O.C.G.A. § 33-59-12 Determining governing law when multiple owners
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(a) If there is more than one owner on a single policy, and the owners are residents of different states, the life settlement contract shall be 1029 33-59-13 governed by the law of the state in which the owner having the largest percentage ownership resides or, if the owners hold…
O.C.G.A. § 33-59-14 MALICIOUS MISCHIEF
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Casualty insurance. Burglary and theft insurance. Loss or damage by malicious mischief, §33-7-3. Surety insurance. Loss or damage to insured’s premises, §33-7-7. MALPRACTICE INSURANCE.
O.C.G.A. § 33-59-15 Remedies and penalties for violations; procedural issues
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(a) In addition to the penalties and other enforcement provisions of this chapter, if any person violates this chapter or any rule or regulation implementing this chapter, the Commissioner may seek an injunction in a court of competent jurisdiction in the county where the person …
O.C.G.A. § 33-59-17 Unfair trade practice
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A violation of this chapter shall be considered an unfair trade practice pursuant to state law and subject to the penalties provided by state law. History. — Code 1981, § 33-59-14, enacted by Ga. L. 2005, p. 998, § 1/SB 217; Code 1981, § 33-59-17, as redesignated by Ga. L. 2009, …
O.C.G.A. § 33-59-2 Definitions
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As used in this chapter, the term: (1) ‘‘Advertisement’’ means any written, electronic, or printed communication or any communication by means of recorded telephone messages or transmitted on radio, television, the Internet, or similar communications media, including film strips, …
O.C.G.A. § 33-59-3 Short title
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Definitions. License requirements; representation of producers; exceptions; application and renewal; fees; licenses for legal entities; investigations; nonresident applicants; required information from provider; continued training requirements. 33-59-4. Suspension, revocation, or …
O.C.G.A. § 33-59-7 Seller’s rights and duties, §33-59-11
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Short title, §33-59-1. Unfair trade practices, §33-59-17. Verification of coverage, §33-59-11. Violations. Enumerated, §33-59-14. Remedies, §33-59-15. Unfair trade practices, §33-59-17. LIMITATION OF ACTIONS. Accident and sickness insurance. Individual insurance. Policies required…
O.C.G.A. § 33-59-8 Advertising
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(a) A registered life settlement broker or licensed provider who is registered or licensed pursuant to this chapter may conduct or participate in advertisements within this state. Such advertisements shall comply with all advertising and marketing laws of this state and rules and…
O.C.G.A. § 33-59-9 Escrow transactions, §33-59-11
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Examination of licensees, §33-59-7. Filing of annual statement by provider, §33-59-6. Filing of contracts and disclosure statements, §33-59-5. Fraudulent acts, §§33-59-13, 33-59-14. Penalties, §33-59-16. Information required from seller, §33-59-11. Lender-financed premiums using p…
O.C.G.A. § 33-59A-1 Text, §33-59A-1
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INTERVENTION. Insurance companies. Rehabilitation and liquidation. Liquidation orders. Collateral proceedings. Authority of liquidator in out-of-state actions, §33-37-23. Unfair claims settlement practices, §33-6-35. Unfair trade practices.
O.C.G.A. § 33-59A-2 COMPROMISE AND SETTLEMENT
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Insolvent insurers. Claims against, §33-36-9. Insurance claims, §33-7-12. Insurance company deposits. Claims against, §33-12-15. Insurance unfair claims settlement practices, §33-6-34. Insurers insolvency pool. Assessments against insurers, §33-36-7. Recoupment by surcharge again…
O.C.G.A. § 33-60-1 Short title
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This chapter shall be known and may be cited as the ‘‘Small Business Employee Choice of Benefits Health Insurance Plan Act.’’ History. — Code 1981, § 33-60-1, enacted by Ga. L. 2005, p. 1229, § 1/SB 174. 33-60-2. Legislative intent.
O.C.G.A. § 33-60-2 Legislative intent
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The General Assembly recognizes the need for employers and individuals in this state to have the opportunity to choose among group and individual health insurance plans that are more affordable and flexible than standard market policies of accident and sickness insurance and the n…
O.C.G.A. § 33-60-3 Definitions
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As used in this chapter, the term: (1) ‘‘Alternative health benefit plan’’ means a group or individual health benefit plan that contains: (A) Major medical benefits; (B) Standard provisions or rights required to be present in an individual, blanket, or group policy or contract for a…
O.C.G.A. § 33-60-4 Short title
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Legislative intent. Definitions. Requirements for insurers and employers; sale by health maintenance organizations permitted; purchase of additional coverage permitted.
O.C.G.A. § 33-60-5 Required notice and acknowledgement
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(a) In each sale of an alternative health benefit plan, the insurer shall provide to each proposed individual group member or individual policyholder a notice and an acknowledgment at the beginning of the application for the alternative health benefit plan containing the following …
O.C.G.A. § 33-60-6 Required notice and acknowledgement
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Authority of the Commissioner with respect to this chapter [Repealed].
O.C.G.A. § 33-61-1 Definitions
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As used in this chapter, the term: (1) ‘‘Automobile club’’ or ‘‘club’’ means any person, who in consideration of fees, dues, periodic payments, or other specifically stated charges, promises its members to provide automobile club services. (2) ‘‘Automobile club services’’ shall in…
O.C.G.A. § 33-61-2 Automobile club performing services
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An automobile club performing services as defined in this chapter shall not be subject to any laws respecting insurance companies of any class, kind, or character in this state or regulation under such laws because of performance of those services. History. — Code 1981, § 33-61-2,…
O.C.G.A. § 33-62-1 Short title
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This chapter shall be known and may be cited as the ‘‘Property and Casualty Actuarial Opinion Law.’’ History. — Code 1981, § 33-62-1, enacted by Ga. L. 2008, p. 1090, § 4/SB 471. 33-62-2. Submission of annual statement of actuarial opinion of appointed actuary by property and cas…
O.C.G.A. § 33-62-2 Filing of summary, §33-62-2
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Immunity of actuary, §33-62-2. Short title, §33-62-1. Testimony concerning confidential documents prohibited, §33-62-3. PROPERTY INSURANCE —Cont’d Agreements apportioning property and casualty insurance, §§33-9-7, 33-9-8. Cancellation of policies, §33-24-46.
O.C.G.A. § 33-62-3 Submission of supporting documentation; confidentiality; disclosure
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(a) The statement of actuarial opinion shall be provided with the annual statement in accordance with rules and regulations promulgated by the Commissioner regarding property and casualty annual statement instructions and shall be treated as a public document. (b)(1) Documents, m…
O.C.G.A. § 33-63-1 Legislative findings
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The General Assembly finds that guaranteed asset protection waivers are not insurance. All guaranteed asset protection waivers issued on or after the date of enactment of this chapter shall not be construed as insurance. History. — Code 1981, § 33-63-1, enacted by Ga. L. 2008, p. …
O.C.G.A. § 33-63-2 Exempt transactions, §33-63-8
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Fiduciary duties toward funds received, §33-63-4. Free look period. Defined, §33-63-3. Disclosures required regarding rights of cancellation, §33-63-6. Right to refund on cancellation within time period, §33-63-7. Unearned portion, refund upon cancellation after free look period, …
O.C.G.A. § 33-63-3 Definitions
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The following terms are defined for purposes of this chapter and are not intended to provide actual terms required in guaranteed asset protection waivers: (1) ‘‘Administrator’’ means a person, other than an insurer or creditor, that performs administrative or operational functions…
O.C.G.A. § 33-63-4 Legislative findings
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Purpose; exemptions from applicability of chapter; guaranteed asset protection waivers exempt from state’s insurance laws. Definitions. Offering, selling, or providing to borrowers guaranteed asset protection waivers.
O.C.G.A. § 33-63-5 Contractual liability or other insurance policies
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(a) Contractual liability or other insurance policies insuring guaranteed asset protection waivers must state the obligation of the insurer to reimburse or pay to the creditor any sums the creditor is legally obligated to waive under the guaranteed asset protection waivers issued…
O.C.G.A. § 33-63-6 Required disclosures
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Guaranteed asset protection waivers must disclose, as applicable, in writing and in clear, understandable language that is easy to read, the following: (1) The name and address of the initial creditor and the borrower at the time of sale and the identity of any administrator if d…
O.C.G.A. § 33-63-7 Cancellation
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(a) Guaranteed asset protection waiver agreements may be cancelable or noncancelable after the free look period. Guaranteed asset protection waivers must provide that if a borrower cancels a waiver within the free look period, the borrower will be entitled to a full refund of the…
O.C.G.A. § 33-63-8 Exempted commercial transactions
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Subsection (c) of Code Section 33-63-4 and Code Sections 33-63-6 and 33-63-9 shall not be applicable to a guaranteed asset protection waiver offered in connection with a lease or retail installment sale associated with a commercial transaction. History. — Code 1981, § 33-63-8, en…