Title 33 — Title 33
0 chapters · 1,218 sections in this title.
O.C.G.A. § 33-32-5 Foreign insurers
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Mutual insurers. Nonassessable policies, §33-14-71. INSURANCE —Cont’d Policies —Cont’d Forms. Approved by commissioner, §33-24-19.1. Group accident and sickness insurance. Alcoholism and drug addiction. Provisions for coverage, §33-24-28.3. Applicability of provisions for individ…
O.C.G.A. § 33-32-6 Tobacco crop insurance coverage
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Any insurer issuing a policy providing crop insurance coverage, other than federal crop insurance pursuant to 7 U.S.C. Section 1501, et seq., for tobacco crops grown in this state against loss or damage due to wind, hail, or both shall make available such coverage for a term exte…
O.C.G.A. § 33-33-11 Termination date; outstanding obligations unimpaired
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Repealed by Ga. L. 1995, p. 629, § 1, effective April 18, 1995. 619 Editor’s notes. — This Code section was based on Ga. L. 1970, p. 282, § 10; Ga. L. 1975, p. 22, § 10; Ga. L. 1982, p. 33-33-11 875, §§ 1, 2; Ga. L. 1986, p. 508, § 1; Ga. L. 1990, p. 1283, § 1. 620 T.33, C.34 MOT…
O.C.G.A. § 33-33-2 Requirements of plan and articles of association
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The Fair Access to Insurance Requirements Plan and articles of association shall make provision for an underwriting association hav615 33-33-4 ing authority on behalf of its members to cause to be issued property insurance policies, to reinsure in whole or in part any such polici…
O.C.G.A. § 33-33-3 Requirement of participation in plan by property insurers
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(a) Each insurer authorized to write and writing property insurance in this state shall be required to become and remain a member of the plan and the underwriting association and to comply with the requirements of the plan and the underwriting association as a condition of its au…
O.C.G.A. § 33-33-4 Powers of Commissioner generally
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(a) The directors of the association shall submit to the Commissioner, for review, a proposed Fair Access to Insurance Requirements Plan and articles of association consistent with this chapter. (b) The Fair Access to Insurance Requirements Plan and articles of association shall …
O.C.G.A. § 33-33-5 Modification by insurers of rates
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In conformity with Chapter 9 of this title, insurers may make reasonable rate modifications for fire and extended coverage and such other classes of basic property insurance. History. — Ga. L. 1970, p. 282, § 11; Ga. L. 1975, p. 22, § 11; Code 1981, § 33-33-8; Code 1981, § 33-33-5,…
O.C.G.A. § 33-33-6 Liability for inspections and statements
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There shall be no liability on the part of, and no cause of action of any nature shall arise against, insurers, any inspection bureau, placement facility, or underwriting association, or their directors, agents, or employees, or the Commissioner or his or her authorized represent…
O.C.G.A. § 33-33-7 Appeals from actions or decisions
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Any person aggrieved by any action or decision of the administrators of the plan, the underwriting association, or of any insurer as a result of its participation in the plan may appeal to the Commissioner within 30 days from the date of the action or the decision. The Commission…
O.C.G.A. § 33-33-8 Plan
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Approval by commissioner, §33-33-4. Establishment, §33-33-1. Participation by property insurers. Requirement, §33-33-3. Requirements, §33-33-2. Rates. Modification by insurers, §33-33-8. Riot reinsurance reimbursement fund, §§33-33-5 to 33-33-7. Amount, §33-33-5. Assessments, §33-…
O.C.G.A. § 33-34-1 Short title
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This chapter shall be known and may be cited as the ‘‘Georgia Motor Vehicle Accident Reparations Act.’’ History. — Code 1981, § 33-34-1, enacted by Ga. L. 1991, p. 1608, § 1.12.
O.C.G.A. § 33-34-2 Definitions
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As used in this chapter, the term: (1) ‘‘Medical payments coverage’’ includes any coverage in which the insurer agrees to reimburse the insured and others for reasonable and necessary medical expenses and funeral expenses incurred as a result of bodily injury or death caused by a…
O.C.G.A. § 33-34-3 Requirements for issuance of policies
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(a)(1) All policies of motor vehicle liability insurance issued in this state must be in accordance with the requirements of this chapter. 628 33-34-3 Such policies shall contain at least the minimum coverages required under this chapter and shall be issued for a minimum term of …
O.C.G.A. § 33-34-3.1 Filing of rates and forms; optional coverage
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(a) All insurers writing private passenger automobile insurance in this state shall file rates and forms for medical payments coverage for a limit of at least $2,000.00 but may file rates for higher or lower limits. The requirement for filing forms and rates under this subsection sh…
O.C.G.A. § 33-34-4 Owner required to provide coverage
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No owner of a motor vehicle required to be registered in this state or any other person, other than a self-insurer as defined in this chapter, shall operate or authorize any other person to operate the motor vehicle unless the owner has motor vehicle liability insurance equivalent…
O.C.G.A. § 33-34-5.1 Self-insurers
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(a)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, any person in whose name one or more vehicles are registered in this state may qualify as a self-insurer by obtaining a certificate of self-insurance from the Commissioner. The Commissioner may, in h…
O.C.G.A. § 33-34-6 Selection of motor vehicle repair facility
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(a) Subject to the provisions of subsection (b) of this Code section, no insurer shall represent to a person making a claim under a motor vehicle insurance policy that the use of or the failure to use a particular repair facility or particular repair facilities may result in the …
O.C.G.A. § 33-34-7 Discovery by claimant
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Pre-suit discovery of information from insurer, §33-3-28. Marital relationship. Continuation of coverage upon termination, §33-34-7. Minimum liability coverage. Requirements, §33-34-3. New and used motor vehicle dealers. Motor vehicles owned by persons engaged in retail sales. Po…
O.C.G.A. § 33-34-8 Rules and regulations
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The Commissioner shall provide by rule or regulation procedures for the expeditious and efficient settlement of first-party property damage claims under personal private passenger motor vehicle policies. Such procedures may include, but shall not be limited to: (1) Loss of use rei…
O.C.G.A. § 33-34-9 Proceeds of insurance policy; limited access by insurers to records
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(a) Notwithstanding any other provision of law, in any claim involving a total loss of a vehicle which is subject to more than one lien, the proceeds of an insurance policy shall be applied to pay in full the debt owed to the senior lienholder before any proceeds of an insurance …
O.C.G.A. § 33-34A-1 Short title
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This chapter shall be known and may be cited as the ‘‘Georgia Vehicle Protection Product Act.’’ History. — Code 1981, § 33-34A-1, enacted by Ga. L. 2003, p. 644, § 1.
O.C.G.A. § 33-34A-10 Required records; period of retention; examination by Commissioner
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33-34A-11. Examinations by Commissioner; enforcement; opportunity for a hearing; burden on Commissioner to show justification; penalty for violations. 33-34A-12. Adoption of rules and regulations.
O.C.G.A. § 33-34A-11 Vehicle protection product act
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Enforcement of provisions, §33-34A-11. INSIDER TRADING. Insurance companies. Domestic stock and mutual insurers. Insider trading of domestic stock insurer equity securities, §§33-14-90 to 33-14-97. INSPECTIONS. Insurance companies. Deposits. Rights of insurers, §33-12-5. Investme…
O.C.G.A. § 33-34A-12 Adoption of rules and regulations
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The Commissioner shall adopt rules and regulations which include disclosures for the benefit of the warranty holder, record keeping, and procedures for public complaints. Such rules and regulations shall also include the conditions under which surplus lines insurers may be rejecte…
O.C.G.A. § 33-34A-13 Applicability
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Repealed by Ga. L. 2019, p. 386, § 116/SB 133, effective July 1, 2019. Editor’s notes. — Ga. L. 2020, p. 493, § 33/SB 429, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, deleted the reservation of this Code section. 656 T.33, C.35 PREPAID LEGA…
O.C.G.A. § 33-34A-2 Definitions
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As used in this chapter, the term: (1) ‘‘Administrator’’ means a third party other than the warrantor who is designated by the warrantor to be responsible for the administration of vehicle protection product warranties. (2) ‘‘Department’’ means the Department of Insurance. 646 33…
O.C.G.A. § 33-34A-4 Restitution
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Enforcement of provisions, §33-34A-11. Rules and regulations. Adoption by insurance commissioner, §33-34A-12. Sales of products.
O.C.G.A. § 33-34A-5 Required warranty reimbursement insurance policy
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No vehicle protection product shall be sold or offered for sale in this state unless the vehicle protection product warrantor is insured under warranty insurance policy meeting the following conditions in order to ensure adequate performance under the warranty: (1) The warranty r…
O.C.G.A. § 33-34A-8 Short title
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Definitions. Compliance with chapter; vehicle manufacturers not required to comply. Representation as warrantor; filing of registration records; fees; renewal of registration. Required warranty reimbursement insurance policy. Conditions for warranty reimbursement insurance policies…
O.C.G.A. § 33-34A-9 Fees
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Registration of warrantors, §33-34A-4. Fines. Violations of provisions, §33-34A-11. Injunctions. Violations of provisions, §33-34A-11. Insurance commissioner. Enforcement, §33-34A-11. 1308 INDEX VEHICLE PROTECTION PRODUCT WARRANTIES —Cont’d Insurance commissioner —Cont’d Examinat…
O.C.G.A. § 33-35-1 Purposes of chapter; legislative findings of fact
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(a) The purposes of this chapter are to provide for the registration of prepaid legal services plans, to promote access to quality legal services at the lowest possible price, and to regulate the development and operation of prepaid legal services plans; and it is the intention o…
O.C.G.A. § 33-35-11 Contracts
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Legal and administrative services. Power of sponsors to contract for provision of, §33-35-10. Subscription contracts, §§33-35-8, 33-35-9. Criminal proceedings.
O.C.G.A. § 33-35-12 Standards for advertising and solicitation
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All advertising and solicitation concerning prepaid legal services plans shall be conducted in a simple, dignified manner. Every item of advertising or solicitation shall conform with the following standards: (1) The form and content of any advertisement or solicitation shall be a…
O.C.G.A. § 33-35-13 Investment of funds of plans
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A sponsor shall invest the funds of a prepaid legal services plan only in such investments as are authorized by the laws of this state for the investment of assets of insurance companies and subject to the limitations placed on the investments. History. — Code 1933, § 56-3520, en…
O.C.G.A. § 33-35-14 Administration of deposits of plans
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Any deposits of a sponsor of a prepaid legal services plan deposited with the Commissioner pursuant to this chapter shall be administered by the Commissioner in accordance with Chapter 12 of this title as though deposited by a domestic casualty, life, or accident and sickness ins…
O.C.G.A. § 33-35-15 Unfair trade practices
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Applicability to sponsors, §33-35-23. Venue of actions against, §33-35-19.
O.C.G.A. § 33-35-16 Annual filing of information by sponsors
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Every sponsor of a prepaid legal services plan shall annually on or before March 1 file in the office of the Commissioner the following items: (1) A statement verified by at least two of its principal officers or trustees showing the financial condition of the plan on December 31 of…
O.C.G.A. § 33-35-17 Conduct of hearings and proceedings
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Except as otherwise provided in this chapter, all hearings and proceedings held under this chapter shall be conducted in accordance with Chapter 2 of this title and the Commissioner shall have all the powers granted to him in Chapter 2 of this title. History. — Code 1933, § 56-35…
O.C.G.A. § 33-35-18 Definitions, §33-35-2
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Deposits of plans. Administration, §33-35-14. Exceptions to provisions. Benefits excluded, §33-35-3. Fines. Imposition in lieu of revoking, suspending or refusing to renew license, §33-35-7. Injunctions against transaction of business, §33-35-18. Investments. Sponsors, §33-35-13. …
O.C.G.A. § 33-35-19 Insurance companies
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Actions against, §33-4-1. Unauthorized insurers issuing surplus line policies, §33-5-34. Insurers insolvency pool. Actions against, §33-36-6. Nonresident agents, §33-23-31. Rehabilitation and liquidation. Authorized actions. Superior court of Fulton County, §33-37-4. Change of ve…
O.C.G.A. § 33-35-2 Definitions
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As used in this chapter, the term: (1) ‘‘Advertising’’ means any communication, other than a solicitation, as defined in paragraph (5) of this Code section, to the public or any segment of the public by means of radio, television, newspaper, magazine, periodical, brochure, pamphle…
O.C.G.A. § 33-35-20 Promulgation of rules and regulations by Commissioner
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Reserved. Repealed by Ga. L. 2019, p. 386, § 125/SB 133, effective July 1, 2019. Editor’s notes. — This Code section was based on Code 1933, § 56-3518, enacted by Ga. L. 1975, p. 1268, § 1. 33-35-21. Applicability of chapter generally.
O.C.G.A. § 33-35-21 Applicability of chapter generally
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This chapter shall apply to all persons, groups, or fraternal or benevolent organizations, including but not limited to insurers; corporations; partnerships; trusts; labor, craft, or other unions; or any other entities who propose to operate or are operating or participating in t…
O.C.G.A. § 33-35-22 Applicability of chapter to other insurers
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All insurers authorized to transact casualty, life, or accident and sickness insurance in this state which is authorized to issue policies of prepaid legal services insurance in this state shall be required to meet 672 33-35-23 all the requirements of this chapter unless specifica…
O.C.G.A. § 33-35-23 Applicability of Chapter 6 of title
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Chapter 6 of this title, applicable to insurers, shall apply to sponsors as defined in paragraph (6) of Code Section 33-35-2; and, for the purpose of determining whether a violation of Chapter 6 of this title has occurred, a subscriber, as defined in paragraph (7) of Code Section 3…
O.C.G.A. § 33-35-3 Benefits excluded from chapter application
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This chapter shall not apply to the benefits available under automobile club membership contracts and automobile liability insurance policies which supply limited legal services or reimbursement for legal services in automobile related matters under certificates of authority issued…
O.C.G.A. § 33-35-6 Minimum capital, surplus, and bond requirements
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No license or renewal license under this chapter shall be issued to a sponsor other than an insurer as defined in paragraph (2) of Code Section 33-35-2, unless such sponsor: (1) Shall possess as minimum capital and thereafter maintain a minimum balance of at least $5,000.00 in its…
O.C.G.A. § 33-35-8 Execution, contents, and filing of subscription contracts generally
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(a) Any sponsor of any prepaid legal services plan or authorized representative of any prepaid legal services plan may enter into a subscription contract with any person, with any person’s employer, or with any other person or group acting in his or its behalf under which a minim…
O.C.G.A. § 33-35-9 Sale of subscription contracts
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(a) Nothing contained in this Code section shall be deemed to prohibit an insurer authorized to transact casualty, life, or accident and sickness insurance in this state from selling or offering for sale in this state individually underwritten and individually issued policies of …
O.C.G.A. § 33-36-1 Short title
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This chapter shall be known and may be cited as the ‘‘Georgia Insurers Insolvency Pool Act.’’ History. — Ga. L. 1970, p. 700, § 1.