Title 33 — Title 33
0 chapters · 1,218 sections in this title.
O.C.G.A. § 33-1-1 Short title
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This title shall be known and may be cited as the ‘‘Georgia Insurance Code.’’ § 1, provided that the Georgia Insurance Code would become effective on January 1, 1961, except as otherwise expressly provided. History. — Code 1933, § 56-101, enacted by Ga. L. 1960, p. 289, § 1; Ga. …
O.C.G.A. § 33-1-10 Life insurers, §33-1-11
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G GARAGES. Service station. Automobile insurance policy. Policy defined as excluding garage, §33-24-45. Repair facility.
O.C.G.A. § 33-1-12 Genetic testing
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Confidentiality. Purpose of provisions, §33-54-1. Georgia Insurance Code. Provisions of title relating to particular matters to prevail over general provisions, §33-1-5. Georgia insurers insolvency pool act. Generally, §§33-36-1 to 33-36-20. Short title, §33-36-1. Georgia life and…
O.C.G.A. § 33-1-15 Affidavit that insured’s motor vehicle stolen
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(a) In any case where an insured has executed an affidavit affirming that such insured’s motor vehicle has been stolen, the insurer shall be required to accept by-hand delivery of such affidavit from such insured. (b) It shall be unlawful for any person who executes the affidavit…
O.C.G.A. § 33-1-16 Life settlements act
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Reporting of violations, §33-59-14. 1303 INDEX SLAYER CLAUSE OR LAW. Insurance. Life insurance policies, §33-25-13. SMALL BUSINESS EMPLOYEE CHOICE OF BENEFITS HEALTH INSURANCE PLAN ACT, §§33-60-1 to 33-60-5. SOCIAL SECURITY. Group disability income policies. Offsetting of increas…
O.C.G.A. § 33-1-17 Special Insurance Fraud Fund
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(a) The General Assembly finds that the proper and expeditious investigation and prosecution of fraudulent insurance acts are beneficial to the public interest. The General Assembly further finds that proper investigation of fraudulent insurance acts, followed by vigorous prosecutio…
O.C.G.A. § 33-1-19 Special Advisory Commission on Mandated Health Insurance Benefits
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Reserved. Repealed by Ga. L. 2019, p. 919, § 13-1/HB 553, effective July 1, 2019.
O.C.G.A. § 33-1-2 Definitions
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As used in this title, the term: (1) ‘‘Commissioner of Insurance’’ or ‘‘Commissioner’’ means the Commissioner of Insurance of the State of Georgia. (2) ‘‘Department of Insurance’’ or ‘‘department’’ means the Department of Insurance established by Code Section 33-2-1. (3) ‘‘Health…
O.C.G.A. § 33-1-20 Health care sharing ministry
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(a) As used in this Code section, the term ‘‘health care sharing ministry’’ means a faith based, nonprofit organization that is tax exempt under the Internal Revenue Code which: (1) Limits its participants to those who are of a similar faith; (2) Acts as a facilitator among partic…
O.C.G.A. § 33-1-21 Anesthesia
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General anesthesia for certain dental care. Coverage, §33-24-28.4. HEALTH INSURANCE —Cont’d Anti-cancer drug therapy. Coverage for certain types, §§33-53-1 to 33-53-4. Arbitration. Surprise billing, arbitration of payment issues, §33-20E-9. Conflict of laws, other statutory provis…
O.C.G.A. § 33-1-22 English language version of policy controls
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In the event of a dispute or complaint wherein an insurer provided any material in a language other than English, the English language version of the policy, as that term is defined in Code Section 33-24-1, shall control the resolution of such dispute or complaint; provided, howev…
O.C.G.A. § 33-1-23 Establishment of exchange
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(a) As used in this Code section, the term ‘‘exchange’’ shall have the same meaning provided for in paragraph (1) of Code Section 33-23-201. (b) No department, agency, instrumentality, or political subdivision of this state shall: (1) Establish any program; promulgate any rule, p…
O.C.G.A. § 33-1-24 RIGHT TO SHOP ACT
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Health insurance, §33-24-59.27. RIOT REINSURANCE REIMBURSEMENT FUND. Insurance, §§33-33-5 to 33-33-7. RISK-BASED CAPITAL LEVELS. Insurance companies, §§33-56-1 to 33-56-13. RISK RETENTION GROUPS.
O.C.G.A. § 33-1-25 Georgia Agribusiness and Rural Jobs Act
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(a) This Code section shall be known and may be cited as the ‘‘Georgia Agribusiness and Rural Jobs Act.’’ (b) As used in this Code section, the term: (1) ‘‘Affiliate’’ means an entity that directly, or indirectly through one or more intermediaries, controls, or is controlled by, …
O.C.G.A. § 33-1-3 Short title
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Definitions. Application of title to fraternal benefit societies and farmers’ mutual fire insurance companies [Repealed]. 33-1-4. Use of existing forms and filings.
O.C.G.A. § 33-1-4 Use of existing forms and filings
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Every form of insurance document and every rate or other filing lawfully in use immediately prior to January 1, 1961, may continue to be so used or be effective until the Commissioner otherwise prescribes in accordance with this title, except that, before the expiration of one yea…
O.C.G.A. § 33-1-6 Requirements for action as insurer generally
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No person shall act as an insurer as defined in Code Section 33-1-2 in this state without complying with the applicable provisions of this title. History. — Code 1933, § 56-109, enacted by Ga. L. 1960, p. 289, § 1. 33-1-7. Issuance or delivery of policy in violation of title.
O.C.G.A. § 33-1-7 Issuance or delivery of policy in violation of title
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Any insurer, or any officer or agent thereof, issuing or delivering to any person in this state any policy in violation of any provision of this title shall be guilty of a misdemeanor, except as otherwise provided. History. — Code 1933, § 56-9907, enacted by Ga. L. 1960, p. 289, …
O.C.G.A. § 33-1-8 Making of false statements; reporting of such statements
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33-1-9. Insurance fraud; venue; penalty; exemption. 33-1-9.1. Crimes of staging a collision or filing a fraudulent claim; penalty. 33-1-10. Limitations upon right to choose funeral services for insured. 33-1-11. Entry into contracts by life insurers with funeral directors or under…
O.C.G.A. § 33-1-9 Insurance fraud; venue; penalty; exemption
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(a) Any natural person who knowingly or willfully: (1) Makes or aids in the making of any false or fraudulent statement or representation of any material fact or thing: (A) In any written statement or certificate; (B) In the filing of a claim; (C) In the making of an application fo…
O.C.G.A. § 33-2-10 Issuance and service of orders and notices
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(a) Orders and notices of the Commissioner shall be effective only when they are in writing and signed by him or by his authority. (b) Every such order shall state its effective date and shall state concisely: (1) Its intent or purpose; (2) The grounds on which it is based; and (…
O.C.G.A. § 33-2-11 Investments, §33-11-42
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License fees. Generally, §33-8-3. Place of business. Principal place of business, §33-3-30. Principal place of business, §33-3-30. Reciprocal insurers. Effect of discharge of duties by attorney, §33-17-12. Rehabilitation and liquidation. Commissioner’s cooperation with officials …
O.C.G.A. § 33-2-12 Proof of loss
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Furnishing of forms, §33-24-39. Effect of furnishing or failure to furnish forms, §33-24-39. Property insurance. Agreements apportioning property and casualty insurance, §§33-9-7, 33-9-8. Producer controlled property and casualty insurers, §§33-48-1 to 33-48-4. Qualifications, §33…
O.C.G.A. § 33-2-13 Appeals
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Judicial review of actions. Disposition, §33-2-28. Procedure, §§33-2-26, 33-2-27. Right to appeal, §33-2-26. Scope of review, §33-2-28. Appointment, etc., of assistants, actuaries, clerks, etc., §33-2-5. Assistants, §33-2-5. Assumption reinsurance agreements. Approval or disappro…
O.C.G.A. § 33-2-14 Foreign insurers, §33-2-11
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Information gathered by insurance institutions. Collection, use and disclosure. Violations of chapter, §§33-39-18, 33-39-20. 1299 INDEX REPORTS —Cont’d Insurance companies. Agents, subagents, counselors and adjusters. Premiums, §33-23-35. Annual filings with National Association o…
O.C.G.A. § 33-2-15 Payment of expenses of examinations; immunity of examiners
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33-2-16. Powers of Commissioner as to evidence and witnesses; payment of witness fees and expenses; subpoenas; giving of false testimony. Sec. 33-2-17. 33-2-18. 33-2-19. 33-2-20. 33-2-21. 33-2-22. 33-2-23. 33-2-24. 33-2-25. 33-2-26. 33-2-27. 33-2-28. 33-2-29. 33-2-30. 33-2-31. 33…
O.C.G.A. § 33-2-16 Insurance companies
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Examinations. Powers of commissioner, §33-2-16. Unfair trade practices. Hearing by commissioner, §33-6-7. WOMEN. Access to health care, §33-24-59. 1310 INDEX WOMEN —Cont’d Health insurance. Newborn Baby and Mother Protection Act, §§33-24-58 to 33-24-58.2. Obstetricians and gyneco…
O.C.G.A. § 33-2-17 Conduct of hearings by Commissioner generally; demands for hearings
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(a) The Commissioner may hold hearings for any purpose within the scope of this title as he may deem necessary. (b) He shall hold a hearing: (1) If required by any provision of this title; or 63 33-2-17 (2) Upon written demand for a hearing made by any person aggrieved by any act…
O.C.G.A. § 33-2-18 Place of hearings; hearings to be open to public
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The hearing shall be held at the place designated by the Commissioner and shall be open to the public. History. — Code 1933, § 56-219, enacted by Ga. L. 1960, p. 289, § 1.
O.C.G.A. § 33-2-19 Notice of hearings generally
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Not less than ten days in advance the Commissioner shall give notice of the time and place of the hearing stating the matters to be considered at the hearing. If the persons to be given notice are not specified in the provision pursuant to which the hearing is held, the Commission…
O.C.G.A. § 33-2-2 Seal of Commissioner
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The Commissioner shall have an official seal of such design as he or she shall select with the approval of the Governor. History. — Code 1933, § 56-202, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2011, p. 99, § 45/HB 24. Editor’s notes. — Ga. L. 2011, p. 99, § 101/HB 24, not cod…
O.C.G.A. § 33-2-20 Notice to show cause
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If any person is entitled to a hearing by any provision of this title before any proposed action is taken, the notice of the proposed action may be in the form of a notice to show cause stating that the proposed action may be taken, unless such person shows cause at a hearing to …
O.C.G.A. § 33-2-21 REINSURANCE, §33-7-14
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Assumption reinsurance agreements, §§33-52-1 to 33-52-6. Captive insurance companies, §33-41-14. Certificates of authority for insurance companies. Designation as to whether insurer is reinsurer, §33-3-15. Domestic mutual insurers, §33-14-72. Domestic stock insurers, §33-14-40. Fa…
O.C.G.A. § 33-2-22 Adjournment of hearings; effect of nonattendance
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(a) The Commissioner may adjourn any hearing from time to time and from place to place without other notice of the adjourned hearing than announcement thereof at the hearing. (b) The validity of any hearing held in accordance with the notice thereof shall not be affected by failu…
O.C.G.A. § 33-2-23 Issuance of order on hearing; contents
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(a) Within 30 days after termination of the hearing or of any rehearing or reargument, the Commissioner shall make his order thereon covering matters involved in the hearing and in any rehearing or reargument and shall give a copy of the order to the same persons given notice of …
O.C.G.A. § 33-2-24 Reinsurance intermediaries
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Broker’s financial condition. Annual condition, §33-49-6. Brokers required to be licensed producers, §33-49-3. Surplus line brokers. Acceptance and placement of business, §33-5-24. Placement with foreign or alien insurer, §33-5-25. INSURANCE COMPANIES —Cont’d Brokers —Cont’d Surpl…
O.C.G.A. § 33-2-26 Persons entitled to appeal; procedure generally
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An appeal from the Commissioner shall be taken only from an order on hearing or with respect to a matter as to which the Commissioner has refused or failed to grant or hold a hearing after demand therefor under Code Section 33-2-17 or as to a matter as to which the Commissioner h…
O.C.G.A. § 33-2-27 RENAL DISEASES
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Medicare supplement insurance. End-stage renal disease. Enrolling persons eligible for medicare because of, §33-43-3. RENTAL VEHICLES. Insurance companies. Agents, subagents, counselors and adjusters. Limited licenses for rental companies, §33-23-12. REPORTS. Agribusiness and rur…
O.C.G.A. § 33-2-28 Scope of judicial review; disposition of action by reviewing court
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(a) Unless review of the action complained of is required by law to be de novo: (1) In cases in which proceedings have been held before the Commissioner, the Commissioner shall file with his reply to the reviewing court a certified transcript of all such proceedings and all evidenc…
O.C.G.A. § 33-2-29 Disposition, §33-2-29
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Generally, §33-8-1. Pharmacy benefits managers. License application filing fee, §33-64-2. Surcharge for imposing retroactive or point-of-sale fees, §33-64-12. Vehicle protection product warranties. Warrantor registration, §33-34A-4. FELONIES. Insurance. Fraud, §33-1-9. Staging a co…
O.C.G.A. § 33-2-3 Organization of department by Commissioner
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The Commissioner shall set up within the department such divisions or sections as he may deem necessary for the appropriate performance of the duties of the department and the proper exercise of the powers vested in the department. Such organization shall proceed along functional…
O.C.G.A. § 33-2-30 Policies
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Commissioner may waive use of standard or uniform provisions, §33-24-11. Defenses under policies.
O.C.G.A. § 33-2-31 Temporary insurance
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Binders and other contracts, §33-24-33. Termination of policies.
O.C.G.A. § 33-2-32 Fees
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(a) Each corporation or individual, of whatever name or class, which now has or which may hereafter have bonds or securities on deposit as 76 33-2-34 the law provides, is required, on or before January 15 of each year, to pay fees in amounts as provided in Code Section 33-8-1. (b…
O.C.G.A. § 33-2-34 Insurance compliance self-evaluative privilege
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(a) To encourage insurance companies and persons conducting activities regulated under this title, both to conduct voluntary internal audits of their compliance programs and management systems and to assess and improve compliance with state and federal statutes, rules, and orders…
O.C.G.A. § 33-2-5 Created, §33-2-1
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Definition of department, §33-1-2. Function. Generally, §33-2-1. Organization of department by commissioner, §33-2-3. Personnel, §33-2-5. Powers and duties. Generally, §33-2-1. Purpose. Generally, §33-2-1. Deposits. Administration of deposits, §§33-12-1 to 33-12-17. Direct respons…
O.C.G.A. § 33-2-6 Rules and regulations, §33-2-9
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Enforcement of rules, §33-2-24. Unfair trade practices, §33-6-12. Vehicle protection product warranties, §33-34A-12. Rural health care providers. Essential access, administration of provisions, §33-20B-6. Seal of commissioner, §33-2-2. Service of orders and notices, §33-2-10. Sho…
O.C.G.A. § 33-2-9 Rules and regulations
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(a) The Commissioner shall have full power and authority to make rules and regulations for the following purposes: (1) To organize the department and to assign duties to members of the staff; (2) To promulgate any rules and regulations as are reasonably necessary to implement thi…
O.C.G.A. § 33-3-1 Definitions
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As used in this chapter, the term: (1) ‘‘Administrative supervision’’ means the continued operation of the company under supervision of the Commissioner in accordance with regulations promulgated by the Commissioner. (2) ‘‘Alien’’ insurer means an insurer formed under the laws of…
O.C.G.A. § 33-3-11 Requirement of licensed resident agent
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Reserved. Repealed by Ga. L. 1999, p. 578, § 1, effective July 1, 1999. Editor’s notes. — This Code section was based on Code 1933, § 56-320, en- acted by Ga. L. 1960, p. 289, § 1; Ga. L. 1982, p. 3, § 33; Ga. L. 1998, p. 1091, § 1. 33-3-12. Requirements as to name of insurer.