Title 33 — Title 33
0 chapters · 1,218 sections in this title.
O.C.G.A. § 33-11-9 Obligations of government of United States generally
0.4K chars
An insurer may invest in bonds, notes, warrants, and other evidences of indebtedness which are direct obligations of the government of the United States of America or for which the full faith and credit of the government of the United States of America is pledged for the payment …
O.C.G.A. § 33-12-10 Levy upon deposits by claimants
0.6K chars
33-12-11. Retention of amount to pay judgment in event of occurrence of loss by insured; application for appointment of receiver. 33-12-12. Proceedings upon appointment of receiver generally. 33-12-13. Proceedings upon appointment of receivers for satisfaction of multiple claims.…
O.C.G.A. § 33-12-11 Generally, §33-12-12
0.2K chars
Proceedings for satisfaction of multiple claims, §33-12-13. Satisfaction of multiple claims. Proceedings for, §33-12-13. Certificates of authority. Suspension upon commencement of proceedings for receivership, §33-3-18. Insurers insolvency pool.
O.C.G.A. § 33-12-12 Proceedings upon appointment of receiver generally
0.8K chars
The Commissioner in his capacity as receiver shall apply to the judge of the superior court for an order of sale and in pursuance of said order shall sell said securities. After deducting any expenses as shall be allowed by the court, he shall pay over to the plaintiff or his att…
O.C.G.A. § 33-12-14 Releases
0.4K chars
Application and order. Required, §33-12-9. Commissioner’s liability, §33-12-9. Conditions, §33-12-8. Criteria, §33-12-8. Generally, §33-12-8. Insolvent insurers. Amounts exceeding required deposit, etc., §33-12-6. INSURANCE COMPANIES —Cont’d Deposits —Cont’d Retention of securiti…
O.C.G.A. § 33-12-15 Insurance deficiency assessment
0.8K chars
Issuance of notice, §33-2-30. Insurance information. Unlawful collection, use or disclosure of information gathered by insurance institutions, §33-39-21. Managed health care plans. Post-payment audits, §33-20A-62. LIMITED LIABILITY COMPANIES. Insurable interest, §33-24-3. Investm…
O.C.G.A. § 33-12-16 Effect of order of general receivership
0.3K chars
Whenever a general receivership under Chapter 37 of this title is ordered by a court of this state, it shall supersede receiverships created under Code Sections 33-12-11 through 33-12-13. History. — Code 1933, § 56-1116, enacted by Ga. L. 1960, p. 289, § 1. 33-12-17. Withdrawal o…
O.C.G.A. § 33-12-17 Withdrawal of deposit
1.6K chars
When any depositing company shall desire to withdraw any deposit made with the Commissioner as provided by Code Section 33-12-1, and the Commissioner shall find that the deposit is no longer required, in whole or in part, in order to comply with the laws of this or any other state…
O.C.G.A. § 33-12-2 Purposes for which deposits to be held
1.1K chars
Deposits shall be held as follows: (1) When the deposit is required for authority to transact insurance in this state, the deposit shall be held for the protection of all the insurer’s policyholders or others entitled to the proceeds of policies within the United States, provided…
O.C.G.A. § 33-12-3 Assets deemed eligible for deposit
2.1K chars
(a) All deposits required for authority to transact insurance in this state shall consist of any combination of the securities eligible for the investment of capital funds of domestic insurers as enumerated and described in paragraph (3) of Code Section 33-11-5, except real estat…
O.C.G.A. § 33-12-7 Domestic mutual insurers
0.2K chars
Premiums and fees collected by proposed insurers, §33-14-65. Exchange. Rights of insurers, §33-12-5. Inspections. Rights of insurers, §33-12-5. Levy by judgment creditors, etc., §33-12-10. Reciprocal insurers.
O.C.G.A. § 33-12-8 Release of deposits generally
0.8K chars
Any deposit made in this state under this title shall be released: (1) To the insurer upon extinguishment by reinsurance or otherwise of all liability of the insurer for the security of which the deposit is held; 571 33-12-10 (2) To the insurer to the extent such deposit is in ex…
O.C.G.A. § 33-13-1 Definitions
9.6K chars
As used in this article, the term: (1) ‘‘Affiliate,’’ including the term ‘‘affiliate of ’’ or ‘‘person affiliated with’’ a specific person, means a person who directly or indirectly through one or more intermediaries controls, is controlled by, or is under common control with the …
O.C.G.A. § 33-13-10 Injunctions; seizure or sequestration of voting securities
4.0K chars
(a) Injunctions. Whenever it appears to the Commissioner that any insurer or any director, officer, employee, or agent of any insurer has committed or is about to commit a violation of this article or of any rule, regulation, or order issued by the Commissioner under this article…
O.C.G.A. § 33-13-11 Violations of this article
3.9K chars
(a) Any insurer failing, without just cause, to file any registration statement as required in this article shall be required, after notice and hearing, to pay a penalty of $1,000.00 for each day’s delay. The maximum penalty under this Code section is $50,000.00. The Commis613 33-…
O.C.G.A. § 33-13-12 Receivership
1.8K chars
Whenever it appears to the Commissioner that any person has committed a violation of this article which so impairs the financial condition of a domestic insurer as to threaten insolvency or make the further transaction of business by it hazardous to its policyholders, creditors, s…
O.C.G.A. § 33-13-15 Aggrieved persons; appeal of actions of Commissioner; mandamus
1.4K chars
(a) Any person aggrieved by any act, determination, rule, regulation, or order or any other action of the Commissioner pursuant to this article may appeal the action to the Superior Court of Fulton County. The court shall conduct its review without a jury and by trial de novo, ex…
O.C.G.A. § 33-13-2 Definitions
1.1K chars
Acquisition or organization of subsidiaries by domestic insurers; conduct of business by subsidiaries; investment by insurers in securities of subsidiaries. 33-13-3. Acquisition of control of or merger with domestic insurer. 33-13-3.1. Acquisition of insurer; effect on competitio…
O.C.G.A. § 33-13-3 Acquisition of control of or merger with domestic insurer
17.6K chars
(a) Filing requirements. (1) No person other than the issuer shall make a tender offer for or a request or invitation for tenders of, or enter into any agreement to exchange securities for, seek to acquire, or acquire, in the open market or otherwise, any voting security of a dom…
O.C.G.A. § 33-13-3.1 Acquisition of insurer; effect on competition
13.4K chars
(a) As used in this Code section, the term: (1) ‘‘Acquisition’’ means any agreement, arrangement, or activity, the consummation of which results in a person acquiring directly or indirectly the control of another person and, includes, but is not limited to, the acquisition of vot…
O.C.G.A. § 33-13-31 Purpose
0.4K chars
The purpose of this article is to provide the requirements for maintaining a risk management framework and completing an Own Risk and Solvency Assessment and provide guidance and instructions for filing an Own Risk and Solvency Assessment Summary Report with the Commissioner. The …
O.C.G.A. § 33-13-32 Definitions
1.7K chars
As used in this article, the term: (1) ‘‘Insurance group’’ means those insurers and affiliates included within an insurance holding company system as defined in paragraph (5) of Code Section 33-13-1. 618 33-13-34 (2) ‘‘Insurer’’ shall have the same meaning as set forth in Code Sec…
O.C.G.A. § 33-13-33 Purpose of provisions, §33-13-31
0.8K chars
Sanctions for failure to file, §33-13-39. Submission of report to commissioner. Contents, §33-13-35. Request of commissioner but not more than annually, §33-13-35. Waiver from requirements. Unique circumstances, §33-13-36. Permits. Agents, subagents, counselors and adjusters. Tran…
O.C.G.A. § 33-13-34 Required conduct of ORSA
0.5K chars
Subject to Code Section 33-13-36, an insurer, or the insurance group of which the insurer is a member, shall regularly conduct an ORSA consistent with a process comparable to the ORSA Guidance Manual. The ORSA shall be conducted no less than annually, but also at any time when th…
O.C.G.A. § 33-13-35 Submission of ORSA Summary Report
1.9K chars
(a) Upon the Commissioner’s request, and no more than once each year, an insurer shall submit to the Commissioner an ORSA Summary Report or any combination of reports that together contain the information described in the ORSA Guidance Manual, applicable to the insurer or the ins…
O.C.G.A. § 33-13-36 Exemption
4.0K chars
(a) An insurer shall be exempt from the requirements of this article, if: (1) The insurer has annual direct written and unaffiliated assumed premium, including international direct and assumed premium, but excluding premiums reinsured with the Federal Crop Insurance Corporation a…
O.C.G.A. § 33-13-37 Preparation of report; review and use
1.0K chars
(a) The ORSA Summary Report shall be prepared consistently with the ORSA Guidance Manual, subject to the requirements of subsection (b) of this Code section. Documentation and supporting information shall be maintained and made available upon examination or upon request of the Co…
O.C.G.A. § 33-13-38 Confidentiality and protection
7.7K chars
(a) Documents, materials, or other information, including the ORSA Summary Report, in the possession of or control of the Department of Insurance that are obtained by, created by, or disclosed to the Commissioner or any other person under this article is recognized by this state …
O.C.G.A. § 33-13-39 Penalty for noncompliance
0.5K chars
Any insurer failing, without just cause, to timely file the ORSA Summary Report as required in this article may be subject to any penalty set forth in subsection (g) of Code Section 33-2-24. The Commissioner may reduce the monetary penalty if the insurer demonstrates to the Commis…
O.C.G.A. § 33-13-40 Severability [Repealed]
0.4K chars
33-13-41. Effective date for compliance. ulations, Official Compilation of the Rules and Regulations of the State of Georgia, 577 T.33, C.13 INSURANCE 33-13-1 Rules of Comptroller General, Commissioner of Insurance, Chapter 120-2-23. ARTICLE 1 GENERAL PROVISIONS Editor’s notes. —…
O.C.G.A. § 33-13-41 Effective date for compliance
0.4K chars
The requirements of this article shall become effective on July 1, 2015. The first filing of the ORSA Summary Report shall be required in 2015 pursuant to Code Section 33-13-35. History. — Code 1981, § 33-13-41, enacted by Ga. L. 2015, p. 608, § 2/SB 108. 626 T.33, C.13A MUTUAL INS…
O.C.G.A. § 33-13-5 Oaths
1.3K chars
Statements concerning acquiring control of or merger with domestic insurers, §33-13-3. Orders. Issuance by commissioner, §33-13-9. Own risk and solvency assessment (ORSA) summary reports, §§33-13-30 to 33-13-41. Partnerships. Statements concerning acquiring control of or merging …
O.C.G.A. § 33-13-6 Insurance information
0.5K chars
Unlawful collection, use or disclosure of information gathered by insurance institutions, §33-39-21. Insurance premium finance companies. Examination of records by commissioner, §33-22-7. COST SHARING. Insurance holding companies. Registration of insurers belonging to, §33-13-4. S…
O.C.G.A. § 33-13-7 Supplemental contract
1.7K chars
Life and health insurance guaranty association, §33-38-4. Surety insurance, §33-7-7. Surplus. Division of domestic insurers, §33-14-120. Surplus line broker, §33-5-20.1. Surplus line insurance, §33-5-20.1. Surplus lines broker. Insurance companies, §33-23-1. Surplus to policyhold…
O.C.G.A. § 33-13-8 Costs
1.0K chars
Examinations by commissioner, §33-13-6. Supervisory colleges, participation by commissioner, §33-13-7. Criminal proceedings. Willful violations of chapter, §33-13-11. Definitions, §33-13-1. Extraordinary dividend or distribution, §33-13-5. 1259 INDEX INSURANCE HOLDING COMPANY SYST…
O.C.G.A. § 33-13-9 Rules and regulations and orders
0.7K chars
The Commissioner may, upon notice and opportunity for all interested persons to be heard, issue any rules, regulations, and orders as shall be necessary to carry out this article. History. — Code 1933, § 56-3408, enacted by Ga. L. 1970, p. 257, § 1; Code 1981, § 33-13-8; Code 198…
O.C.G.A. § 33-13A-1 Short title
0.2K chars
This chapter shall be known and may be cited as the ‘‘Mutual Insurance Holding Company Act.’’ History. — Code 1981, § 33-13A-1, enacted by Ga. L. 2015, p. 846, § 3/HB 185. 33-13A-2. Definitions.
O.C.G.A. § 33-13A-10 Policyholder meetings
2.0K chars
(a) Within 45 days after the date of the Commissioner’s approval of a reorganization plan or merger plan pursuant to this chapter, unless extended by the Commissioner for good cause, the mutual insurer shall hold a meeting of its policyholders to vote upon such plan. The mutual i…
O.C.G.A. § 33-13A-11 Treatment of stock
1.9K chars
The majority of the voting stock of the reorganized stock insurer, which is required by this Code section to be at all times owned by a mutual insurance holding company, shall not be conveyed, transferred, assigned, pledged, subject to a security interest or lien, encumbered, or …
O.C.G.A. § 33-13A-12 Legislative intent regarding impact on taxation
0.5K chars
It is the intent of the General Assembly that the formation of a mutual insurance holding company shall not increase the Georgia tax burden of the mutual insurance holding company system and that a reorganized stock insurer shall continue to be subject to Georgia insurance premiu…
O.C.G.A. § 33-13A-13 HOSPITALS
0.6K chars
Accurate provider directories, §§33-20C-1 to 33-20C-7. Alcoholism. Insurance policies. Exclusion of payment to hospitals specializing in treatment of alcoholics, §33-24-28.3. Critical access hospitals. Medicaid care management organizations, §33-21A-5. Drug addiction. Insurance p…
O.C.G.A. § 33-13A-2 Definitions
3.5K chars
As used in this chapter, the term: (1) ‘‘Intermediate stock holding company’’ means one or more stock corporations that own all of the shares of voting stock of one or more reorganized stock insurers after a reorganization under Code Section 33-13A-3 or a merger under Code Sectio…
O.C.G.A. § 33-13A-3 Reorganization plans
3.7K chars
(a) A domestic mutual insurer, upon approval of the Commissioner, may reorganize by forming an insurance holding company system, which shall be designated as a mutual insurance holding company, based upon a reorganization plan and continuing the corporate existence of the reorgan…
O.C.G.A. § 33-13A-4 Procedure for reorganization
3.4K chars
(a) A domestic mutual insurer, upon the approval of the Commissioner, may reorganize by merging its policyholders’ membership interests into a mutual insurance holding company formed pursuant to Code Section 33-13A-3 and continuing the corporate existence of the reorganizing insu…
O.C.G.A. § 33-13A-5 Investment securities
2.1K chars
Membership interest not considered security, §33-13A-8. Majority of the voting stock of the reorganized stock insurers. Defined, §33-13A-2. Members. Defined, §33-13A-2. Domestic mutual insurer reorganizing as mutual insurance holding company. Continuation of existence as stock insu…
O.C.G.A. § 33-13A-6 Required compliance; treatment of assets
0.9K chars
A mutual insurance holding company is deemed to be an insurer subject to this title and shall automatically be a party to any proceeding under this title involving an insurer that, as a result of a reorganization pursuant to Code Section 33-13A-3 or a merger pursuant to Code 631 …
O.C.G.A. § 33-13A-7 Application of other statutory provisions
0.3K chars
(a) Code Section 33-14-76 is not applicable to a reorganization or merger pursuant to this chapter. (b) The demutualization of a mutual insurance holding company is subject to the requirements of Code Section 33-14-76. History. — Code 1981, § 33-13A-7, enacted by Ga. L. 2015, p. …
O.C.G.A. § 33-13A-8 Effect of membership interest
0.1K chars
A membership interest in a mutual insurance holding company shall not constitute a security as such term is defined in Code Section 11-8-102. History.
O.C.G.A. § 33-13A-9 Offerings of voting stock; duties of Commissioner
1.5K chars
(a) The offerings of voting stock by a reorganized stock insurer or intermediate stock holding company to any person other than the mutual insurance holding company or a wholly owned subsidiary thereof, which offering is to occur in connection with the reorganization or merger or…
O.C.G.A. § 33-14-1 Applicability of chapter
0.1K chars
This chapter shall govern domestic mutual and stock insurers. History. — Code 1933, § 56-1501, enacted by Ga. L. 1960, p. 289, § 1.