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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

1,492 sections·Filtered byTitle 33✕

O.C.G.A. § 33-37-55 Rights of resident claimants in proceeding in another state against nondomiciliary insurer
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(a) In a liquidation proceeding in another state against an insurer domiciled in that state, claimants against the insurer who reside within this state may ﬁle claims either with the ancillary receiver, if any, in this state or with the domiciliary liquidator. Claims must be ﬁled…
O.C.G.A. § 33-37-57 Superiority of order of distribution issued by domiciliary state; priority of payment and claims; rights of secured creditors
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(a) In a liquidation proceeding in this state involving one or more other states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and other states. All claims of residents of other states shall be given equal priority of paym…
O.C.G.A. § 33-37-58 Failure of ancillary receiver to transfer assets
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If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this state any assets within his control other than special deposits, diminished only by the expenses of the ancillary receivership…
O.C.G.A. § 33-37-56 Life insurance policies and annuity contracts

Showing 1,201–1,250 of 1,492

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Exemption of cash surrender value and proceeds, §33-25-11. ATTORNEY GENERAL. Insurance. Approval of regulations, §33-2-9. Legal insurance. Prepaid legal services plans. Institution of criminal proceedings, §33-35-18. ATTORNEYS. Insurance. Legal insurance. Prepaid legal services p…

O.C.G.A. § 33-38-1 Purpose

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The purpose of this chapter is to protect the persons speciﬁed in subsection (b) of Code Section 33-38-2, subject to certain limitations, against failure in the performance of contractual obligations, under life, health, and annuity policies, plans, or contracts speciﬁed in subse…

O.C.G.A. § 33-38-10 Duties and powers of the Commissioner

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In addition to the duties and powers enumerated elsewhere in this chapter: (1) The Commissioner shall: (A) Upon request of the board of directors, provide the association with a statement of the premiums in the appropriate states for each member insurer; and (B) When an impairmen…

O.C.G.A. § 33-38-11 Records of meetings and negotiations of the association

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Records shall be kept of all negotiations and meetings in which the association or its representatives are involved to discuss the activities of the association in carrying out its powers and duties under Code Section 33-38-7. The records of the association with respect to an imp…

O.C.G.A. § 33-38-12 Examination of the association by the Commissioner; annual report

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The association shall be subject to examination and regulation by the Commissioner. Notwithstanding the foregoing, whether such examinations shall be conducted and the frequency of any such examination shall be at the sole discretion of the Commissioner. The board of directors sh…

O.C.G.A. § 33-38-13 Exemption of the association from taxation

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The association shall be exempt from all taxation in this state based upon income or gross receipts and shall likewise be exempt from all state and local occupation license and business fees and occupation license and business taxes. History. — Code 1933, § 56-2213, enacted by Ga…

O.C.G.A. § 33-38-14 Immunity from liability for actions or omissions in performance of powers and duties pursuant to this chapter

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There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors, or the Commissioner or his or her representatives, for…

O.C.G.A. § 33-38-15 Assessments against member insurers

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(a) For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers separately for the health account and for each subaccount of the life insurance and annuity account at such time and…

O.C.G.A. § 33-38-16 Reports and recommendations as to solvency of companies; board may report information as to insolvency of member insurer; examinations of member insurers; reports of insurer insolvencies

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(a) The board of directors may, upon majority vote, make reports and recommendations to the Commissioner upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any member insurer, or to the solvency of any health maintenance organization, insurer…

O.C.G.A. § 33-38-17 Assessment liability, association as creditor of insolvent or impaired insurer; distribution of insolvent insurer’s ownership rights; reimbursement of association from disbursement of marshaled assets

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(a) This chapter shall not be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment liability. (b) For the purpose of carrying out its obligations under this chapter, the association sha…

O.C.G.A. § 33-38-18 Stay of court proceedings to which insolvent insurer is a party; setting aside of default judgments

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All proceedings in any court in this state in which the insolvent insurer is a party shall be stayed 180 days from the date of a ﬁnal order of liquidation, rehabilitation, or conservation to permit proper legal action by the association on any matters germane to its powers or dut…

O.C.G.A. § 33-38-19 Notiﬁcation as to effect of chapter

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The liquidator, rehabilitator, or conservator of any impaired insurer may notify all interested persons of the effect of this chapter. History. — Code 1933, § 56-2209, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786.

O.C.G.A. § 33-38-2 Scope

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(a) This chapter shall provide coverage to the persons speciﬁed in subsection (b) of this Code section for policies or contracts of direct, nongroup life insurance; health insurance which for the purposes of this chapter includes health maintenance organization subscriber contrac…

O.C.G.A. § 33-38-20 Appeal to the Commissioner; judicial review

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Any action of the board of directors may be appealed to the Commissioner by any member insurer if such appeal is taken within 60 days of its receipt of notice of the action being appealed. Any ﬁnal action or order of the Commissioner shall be subject to judicial review in a court…

O.C.G.A. § 33-38-21 References to the association in advertisements for insurance

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(a) No person, including a member insurer or agent or affiliate of a member insurer, shall make, publish, disseminate, circulate, or place before the public or cause directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in any newspa…

O.C.G.A. § 33-38-22 Premium tax liability offsets; refunds offset against taxes

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(a) A member insurer may offset against its premium tax liability to this state an assessment described in Code Section 33-38-15 to the extent of 20 percent of the amount of such assessment for each of the ﬁve calendar years following the year in which such assessment was paid. I…

O.C.G.A. § 33-38-3 Construction

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This chapter shall be construed to effect the purpose set forth in Code Section 33-38-1. History. — Code 1933, § 56-2218, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786.

O.C.G.A. § 33-38-4 Deﬁnitions

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As used in this chapter, the term: (1) ‘‘Account” means any of the two accounts created under Code Section 33-38-5. (2) ‘‘Affiliate” means any person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the p…

O.C.G.A. § 33-38-5 Creation; required membership; functions and powers; supervision of association; accounts for administration and assessment

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(a) There is created a nonproﬁt, unincorporated association to be known as the Georgia Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance, a health maintenance …

O.C.G.A. § 33-38-6 Membership of the board of directors; vacancies; compensation and reimbursement of expenses

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(a) The board of directors of the association shall consist of not less than seven nor more than 11 member insurers serving terms as established in the plan of operation. The members of the board shall be selected by the Commissioner from a list provided to the Commissioner from …

O.C.G.A. § 33-38-7 Powers and duties of the association generally

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(a) In addition to the powers and duties enumerated elsewhere in this chapter, the association shall have the following powers and duties: (1) If a member insurer is an impaired insurer, the association, subject to any conditions, other than those conditions which impair the cont…

O.C.G.A. § 33-38-8 Submission of plan of operation; contents; compliance with such plan

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(a) The association shall submit to the Commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments thereto shall become effective upon …

O.C.G.A. § 33-38-9 Delegation of powers and duties of the association

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The plan of operation described in Code Section 33-38-8 may provide that any or all powers and duties of the association, except those under subparagraph (a)(14)(C) of Code Section 33-38-7 and Code Section 33-38-15, shall be delegated to a corporation, association, or other organ…

O.C.G.A. § 33-39-1 Purpose of chapter

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The purpose of this chapter is to establish standards for the collection, use, and disclosure of information gathered in connection with insurance transactions by insurance institutions, agents, or insurance-support organizations; to maintain a balance between the need for inform…

O.C.G.A. § 33-39-10 Requests to correct, amend, or delete recorded personal information

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(a) Within 30 business days from the date of receipt of a written request from an individual to correct, amend, or delete any recorded personal information about the individual within its possession, an insurance institution, agent, or insurance-support organization shall either:…

O.C.G.A. § 33-39-11 Procedure upon adverse underwriting decision; satisfaction of obligations by another institution or agent; adverse decisions upon oral requests or inquiries

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(a) In the event of an adverse underwriting decision the insurance institution or agent responsible for the decision shall: (1) Either provide the applicant, policyholder, or individual proposed for coverage with the speciﬁc reason or reasons for the adverse underwriting decision…

O.C.G.A. § 33-39-12 Requests for information regarding previous adverse underwriting decisions or previous coverage obtained through residual market mechanism

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No insurance institution, agent, or insurance-support organization may seek information in connection with an insurance transaction concerning: (1) Any previous adverse underwriting decision experienced by an individual; or (2) Any previous insurance coverage obtained by an indiv…

O.C.G.A. § 33-39-13 Limitation of adverse underwriting decisions

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(a) No insurance institution or agent may base an adverse underwriting decision in whole or in part: (1) On the fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism; provided,…

O.C.G.A. § 33-39-14 Disclosure of personal or privileged information received in connection with insurance transactions

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An insurance institution, agent, or insurance-support organization shall not disclose any personal or privileged information about an individual collected or received in connection with an insurance transaction unless the disclosure is: (1) With the written authorization of the i…

O.C.G.A. § 33-39-15 Investigations by Commissioner into affairs of insurance institutions, agents, or insurance-support organizations

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(a) The Commissioner shall have power to examine and investigate into the affairs of every insurance institution or agent doing business in this state to determine whether the insurance institution or agent has been or is engaged in any conduct in violation of this chapter. (b) T…

O.C.G.A. § 33-39-16 Violations of chapter; service of statement of charges and notice of hearing; conduct of hearing

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(a) Whenever the Commissioner has reason to believe that an insurance institution, agent, or insurance-support organization has been or is engaged in conduct in this state which violates this chapter, or if the Commissioner believes that an insurance-support organization has been…

O.C.G.A. § 33-39-17 Commissioner as appointed to accept service on behalf of insurance-support organization transacting business outside state

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For the purpose of this chapter, an insurance-support organization transacting business outside this state which has an effect on a person residing in this state shall be deemed to have appointed the Commissioner to accept service of process on its behalf, provided the Commission…

O.C.G.A. § 33-39-18 Service of ﬁndings and cease and desist orders of Commissioner; modiﬁcation or setting aside of order or report

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(a) If, after a hearing pursuant to Code Section 33-39-16, the Commissioner determines that the insurance institution, agent, or insurance-support organization charged has engaged in conduct or practices in violation of this chapter, the Commissioner shall reduce his or her ﬁndin…

O.C.G.A. § 33-39-19 Monetary penalty for knowing violations of chapter; monetary penalty for violation of cease and desist order

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(a) In any case where a hearing pursuant to Code Section 33-39-16 results in the ﬁnding of a knowing violation of this chapter, the Commissioner may, in addition to the issuance of a cease and desist order as prescribed in Code Section 33-39-18, order payment of a monetary penalt…

O.C.G.A. § 33-39-2 Applicability of obligations imposed by chapter; extension of rights granted by chapter; applicability of chapter to information from public records pertaining to title insurance

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(a) The obligations imposed by this chapter shall apply to those insurance institutions, agents, or insurance-support organizations which: (1) In the case of life, health, or disability insurance: (A) Collect, receive, or maintain information which pertains to natural persons who…

O.C.G.A. § 33-39-20 Order or report of Commissioner

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(a) Any person subject to an order of the Commissioner under Code Section 33-39-18 or Code Section 33-39-19 or any person whose rights under this chapter were allegedly violated may obtain a review of any order or report of the Commissioner by ﬁling in the Superior Court of Fulto…

O.C.G.A. § 33-39-21 Equitable relief; damages recoverable; costs and attorney’s fees; statute of limitations; limitation on remedy or recovery

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(a) If any insurance institution, agent, or insurance-support organization fails to comply with Code Section 33-39-9, 33-39-10, or 33-39-11 with respect to the rights granted under those Code sections, any person whose rights are violated may apply to any superior court of this s…

O.C.G.A. § 33-39-22 Availability of remedy for disclosure of personal, privileged, or false information

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No cause of action in the nature of defamation, invasion of privacy, or negligence shall arise against any person for disclosing personal or privileged information in accordance with this chapter, nor shall such a cause of action arise against any person for furnishing personal o…

O.C.G.A. § 33-39-23 Obtaining of information under false pretenses as constituting misdemeanor

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Any person who knowingly and willfully obtains information about an individual from an insurance institution, agent, or insurance-support organization under false pretenses shall be guilty of a misdemeanor. History. — Code 1981, § 33-39-23, enacted by Ga. L. 1982, p. 615, § 1. 83…

O.C.G.A. § 33-39-3 Deﬁnitions

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As used in this chapter: (1) ‘‘Adverse underwriting decision’’ means: (A) Any of the following actions with respect to insurance transactions involving insurance coverage which is individually underwritten: (i) A declination of insurance coverage; (ii) A termination of insurance …

O.C.G.A. § 33-39-4 Pretext interviews

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No insurance institution, agent, or insurance-support organization shall use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction; provided, however, a pretext interview may be undertaken to obtain information from a person …

O.C.G.A. § 33-39-5 Transactions requiring notice of information practices; form and content of notice; abbreviated notice; satisfaction of obligations by another institution or agent

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(a) An insurance institution or agent shall provide a notice of information practices to all applicants or policyholders in connection with insurance transactions as provided below: (1) In the case of an application for insurance, a notice shall be provided no later than: (A) At …

O.C.G.A. § 33-39-6 Speciﬁcation of questions designed to obtain marketing or research information

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An insurance institution or agent shall clearly specify those questions designed to obtain information solely for marketing or research purposes from an individual in connection with an insurance transaction. History. — Code 1981, § 33-39-6, enacted by Ga. L. 1982, p. 615, § 1.

O.C.G.A. § 33-39-7 Disclosure authorization forms authorizing disclosure of personal or privileged information

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Notwithstanding any other provision of law of this state, no insurance institution, agent, or insurance-support organization may utilize as its disclosure authorization form in connection with insurance transactions a form or statement which authorizes the disclosure of personal …

O.C.G.A. § 33-39-8 Investigative consumer reports

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(a) No insurance institution, agent, or insurance-support organization may prepare or request an investigative consumer report about an individual in connection with an insurance transaction involving an application for insurance, a policy renewal, a policy reinstatement, or a ch…

O.C.G.A. § 33-39-9 Access to recorded personal information

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(a) If any individual, after proper identiﬁcation, submits a written request to an insurance institution, agent, or insurance-support orga817 nization for access to recorded personal information about the individual which is reasonably described by the individual and reasonably l…

O.C.G.A. § 33-40-1 Purpose

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The purpose of this chapter is to regulate the formation and operation of risk retention groups in this state formed pursuant to the provisions of the federal Liability Risk Retention Act of 1986 (RRA 1986). History. — Code 1981, § 33-40-1, enacted by Ga. L. 1987, p. 875, § 1.