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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. § 33-1-1 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 Limitations upon right to choose funeral services for insured
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It shall be unlawful for any insurer to designate in any policy, contract, certiﬁcate, or otherwise the person, ﬁrm, or corporation to conduct the funeral of the insured; or to organize, promote, or operate any enterprise or plan; or to enter into any contract with such insured o…
O.C.G.A. § 33-1-11 Entry into contracts by life insurers with funeral directors or undertakers for conduct of funerals of persons insured
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It shall be unlawful for any insurer writing any type of life insurance, by whatever term described, upon the lives of citizens of this state to enter into any contract with any funeral director or undertaker, providing that such funeral director or undertaker shall conduct the f…
O.C.G.A. § 33-1-12 Entry into contracts by life insurers for provision of funeral merchandise or services to persons insured

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It shall be unlawful for any insurer writing any type of life insurance upon the lives of citizens of this state to enter into any contract with any citizen of this state contracting and agreeing to furnish funeral merchandise or services upon the death of any person insured. His…

O.C.G.A. § 33-1-13 Receiving of compensation 33-1-14

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33-1-15. 33-1-16. 33-1-17. 33-1-18. 33-1-19. 33-1-20. 33-1-21. 33-1-22. 33-1-23. 33-1-24. 33-1-25. 33-1-26. from undertakers on account of employment; giving of compensation by undertakers. Regulation of certain persons providing coverage for medical or dental services. Affidavit…

O.C.G.A. § 33-1-14 Regulation of certain persons providing coverage for medical or dental services

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(a) Notwithstanding any other provision of law and except as provided in this Code section, any person, other than an authorized insurer, the state and its instrumentalities, or political subdivisions of the state and their instrumentalities, who provides coverage in this state f…

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 Investigation of fraudulent insurance act; collection of evidence; immunity from liability; public inspection; enforcement

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(a) For the purposes of this Code section, a person commits a ‘‘fraudulent insurance act’’ if he: (1) Knowingly and with intent to defraud presents, causes to be presented, or prepares with knowledge or belief that it will be presented, to or by an insurer, purported insurer, bro…

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. § 33-1-18 Housing tax credit for qualiﬁed projects; rules and regulations

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(a) As used in this Code section, the term: (1) ‘‘Federal housing tax credit’’ means the federal tax credit as provided in Section 42 of the Internal Revenue Code of 1986, as amended. (2) ‘‘Median income’’ means those incomes that are determined by the federal Department of Housi…

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 Certain subscription agreements for prepaid air ambulance service not contract of insurance; deﬁnitions

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(a) As used in this Code section, the term: (1) ‘‘Air ambulance’’ means any rotary-wing aircraft used or intended to be used for hire for transportation of sick or injured persons who may need medical attention during transport. (2) ‘‘Air ambulance service’’ means the for hire pr…

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 Insurance requirements for transportation network companies and their drivers

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(a) As used in this Code section, the term: (1) ‘‘Personal vehicle’’ means a registered motor vehicle that is used by a transportation network company driver in connection with providing services for a transportation network company. (2) ‘‘Transportation network company’’ means a…

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. § 33-1-26 Governor’s request for waiver from federal Patient Protection and Affordable Care Act; expiration of authority

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(a) The Governor is hereby authorized to submit one or more applications to the United States Secretaries of Health and Human Services and the Treasury for waiver of applicable provisions of the federal Patient Protection and Affordable Care Act (P. L. 111-148) under Section 1332…

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].

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. § 33-1-5 Provisions of title relating to particular matters to prevail over general provisions

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Provisions of this title relating to a particular kind of insurance or to a particular type of insurer or to a particular matter prevail over provisions relating to insurance in general or to insurers in general. History. — Code 1933, § 56-113, enacted by Ga. L. 1960, p. 289, § 1…

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.

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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Any director, officer, agent, or employee of any insurance company who willfully and knowingly subscribes, makes, or concurs in making any annual or other statement required by law containing any material statement which is false shall be guilty of a misdemeanor. It shall be the …

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. § 33-1-9.1 Crimes of staging a collision or ﬁling a fraudulent claim; penalty

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(a) A person shall be guilty of the crime of staging a collision when, with intent to commit insurance fraud as deﬁned in Code Section 33-1-9, such person does any of the following: (1) Intentionally causes or attempts to cause a motor vehicle collision; or (2) Engages in a schem…

O.C.G.A. § 33-2-1 Creation of department; Commissioner chief officer of department; powers and duties of department and Commissioner generally

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There is created the Department of Insurance of the State of Georgia. The chief officer of such department shall be the Commissioner of Insurance. The purpose and function of the department and the duties and powers of the Commissioner shall be those created and vested by this ti…

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 Examination of insurers and organizations; effect of insurer’s change of domicile from Georgia

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(a) Whenever the Commissioner shall deem it expedient, the Commissioner shall examine, either in person or by some examiner duly authorized by the Commissioner, the affairs, transactions, accounts, records, documents, and assets of each insurer authorized to do business in this s…

O.C.G.A. § 33-2-12 Examination of agents, solicitors, brokers, counselors, adjusters, managers, and promoters

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For the purpose of ascertaining their compliance with this title, when he deems it necessary in the public interest, the Commissioner may examine the affairs, accounts, records, documents, and transactions of: (1) Any insurance agent, subagent, broker, counselor, adjuster, or any…

O.C.G.A. § 33-2-13 Access of Commissioner to records; correction of inadequate or incorrect accounts

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(a) Every person being examined, its officers, employees, and representatives shall produce and make freely accessible to the Commis59 sioner the accounts, records, documents, and ﬁles in his possession or control relating to the subject of the examination. Such officers, employe…

O.C.G.A. § 33-2-14 Preparation of written reports of examinations generally; certiﬁcation of reports; admissibility in evidence; notice and hearing on reports; use of examination documents

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(a) The Commissioner may make a full written report of each examination made by him containing only facts ascertained from the accounts, records, and documents examined and from the sworn testimony of witnesses. (b) The report shall be certiﬁed by the Commissioner or by the exami…

O.C.G.A. § 33-2-15 Payment of expenses of examinations; immunity of examiners

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(a) At the direction of the Commissioner, the insurer or other person so examined shall pay all the actual travel and living expenses of the examination. When the examination is made by an examiner who is not a regular employee of the department, the person examined shall pay the…

O.C.G.A. § 33-2-16 Powers of Commissioner as to evidence and witnesses; payment of witness fees and expenses; subpoenas; giving of false testimony

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(a) With respect to the subject of any examination, investigation, or hearing conducted by him or his duly authorized representative, the Commissioner may take depositions, subpoena witnesses, administer oaths or affirmations, examine any individual under oath, and compel the pro…

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 (2) Upon written demand for a hearing made by any person aggrieved by any act, threatene…

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.

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 Presiding officer at hearing; rights of parties; intervention; pleading and evidence; record of proceedings; rehearing or reargument

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(a) The hearing shall be presided over by the Commissioner or his designated representative. (b) The Commissioner shall allow any party to the hearing to appear in person or by counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect a…

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 Enforcement of title and rules, regulations, and orders; issuance of orders without hearings; civil actions; criminal violations; penalties

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(a) Whenever it may appear to the Commissioner, either upon investigation or otherwise, that any person has engaged in, is engaging in, or is about to engage in any act, practice, or transaction which is prohibited by this title or by any rule, regulation, or order of the Commiss…

O.C.G.A. § 33-2-25 Effect of chapter upon power of Commissioner or superior courts to enforce title; construction of grants of power contained in chapter

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Nothing contained in this chapter is intended to limit or repeal any power or authority elsewhere granted the Commissioner or the superior courts in the enforcement of this title. Nor shall any grant of authority or power contained in this chapter be read to imply that such grant…

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 Pleading and procedure of judicial review; powers of reviewing court generally

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(a) The form of proceeding for judicial review shall be by a petition in the Superior Court of Fulton County, a copy of which shall be served upon the Commissioner immediately. (b) The proceedings shall follow the course which is now or may hereafter be prescribed for civil actio…

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 of amounts collected under title generally; allowance of refunds and credits

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The Commissioner shall promptly pay all taxes, fees, dues, charges, and penalties and interest which he is authorized to collect under this title to the Office of the State Treasurer to the credit of the general fund. The Commissioner, however, is authorized to make refunds of or…

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 Limitation period for issuance of notice of deﬁciency assessment or execution thereon; waiver of limitations

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(a) Except in the case of fraud or failure to ﬁle a return required by this title, every notice of a deﬁciency assessment or the issuance of an execution thereon shall be given within seven years from the date on which such return is ﬁled. In the case of failure to ﬁle a return, …