reglab/housing_qa huggingface dataset:
GA Code § 33-21A-10 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 21A - Medicaid Care Management Organizations|§ 33-21A-10. New and Renewal Agreements With Care Management Organizations and Health Care Providers

  On and after May 13, 2008, the Department of Community Health shall include provisions in all new or renewal agreements with a care management organization, which require the care management organization to comply with all provisions of this chapter.   On and after May 13, 2008, a care management organization shall not include any provisions in new or renewal agreements with providers entered into pursuant to the contract between the Department of Community Health and the care management organization, which are inconsistent with the provisions of this chapter.     (Code 1981, §33-21A-10, enacted by Ga. L. 2008, p. 704, § 1/HB 1234.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2008, paragraphs (1) and (2) were redesignated as subsections (a) and (b), respectively, and "May 13, 2008" was substituted for "the effective date of this chapter" in subsections (a) and (b).
GA Code § 33-21A-11 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 21A - Medicaid Care Management Organizations|§ 33-21A-11. Hospital Statistical and Reimbursement Reports From Care Management Organizations; Penalty

 Upon request by a hospital provider related to a specific fiscal year, a care management organization shall, within 30 days of the request, provide that hospital with an HS&R report for the requested fiscal year. Any care management organization which violates this Code section by not providing the requested report within 30 days shall be subject to a penalty of $1,000.00 per day, starting on the thirty-first day after the request and continuing until the report is provided. It is the intent of the General Assembly that such penalty be collected by the Department of Community Health and deposited into the Indigent Care Trust Fund created pursuant to Code Section 31-8-152. A care management organization shall not reduce the funding available for health care services for members as a result of payment of such penalties.    (Code 1981, §33-21A-11, enacted by Ga. L. 2008, p. 704, § 1/HB 1234.)
GA Code § 33-21A-12 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 21A - Medicaid Care Management Organizations|§ 33-21A-12. Federal Law, Rule and Regulations Control

 To the extent any provision in this chapter is inconsistent with applicable federal law, rule, or regulation, the applicable federal law, rule, or regulation shall govern.    (Code 1981, §33-21A-12, enacted by Ga. L. 2008, p. 704, § 1/HB 1234.)
GA Code § 33-22-1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 22 - Insurance Premium Finance Companies|§ 33-22-1. Short Title

 This chapter shall be known and may be cited as the "Insurance Premium Finance Company Act."   (Ga. L. 1969, p. 561, § 1.)
GA Code § 33-22-2 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 22 - Insurance Premium Finance Companies|§ 33-22-2. Definitions

 As used in this chapter, the term:    "Insurance premium finance agreement" means an agreement by which an insured or prospective insured promises to pay to a premium finance company the amount advanced or to be advanced under the agreement to an insurer or to an insurance agent or insurance broker in payment of premiums on an insurance contract together with a service charge as authorized and limited by this chapter.   "Insurance premium finance company" means a person engaged in the business of entering into insurance premium finance agreements.   "Licensee" means an insurance premium finance company holding a license issued by the Commissioner under this chapter.    (Ga. L. 1969, p. 561, § 3.)
GA Code § 33-22-3 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 22 - Insurance Premium Finance Companies|§ 33-22-3. Requirement of License for Transaction of Business; Fees; Change of Address; Examination of Applicants

  No person shall engage in the business of financing insurance premiums in this state without first having obtained a license as a premium finance company from the Commissioner.   The annual license fee shall be as provided in Code Section 33-8-1. Licenses may be renewed from year to year as of March 1 of each year upon payment of the fee as provided in Code Section 33-8-1.The fee for said license shall be paid to the Commissioner for use by the state.   Before any licensee changes his or her address, he or she shall inform the Commissioner of the change in writing.   Subject to the penalties of perjury, the person to whom the license or the renewal of the license may be issued shall file sworn answers to such interrogatories as the Commissioner may require. The Commissioner shall have authority at any time to require the applicant fully to disclose the identity of all stockholders, partners, officers, and employees, and he may in his discretion refuse to issue or renew a license in the name of any firm, partnership, or corporation if he is not satisfied that any officer, employee, stockholder, or partner thereof who may materially influence the applicant's conduct meets the standards of this chapter.   Any person who shall engage in the business of financing insurance premiums in this state without obtaining a license as provided in this Code section shall, upon conviction, be subject to a fine of not more than $1,000.00.    (Ga. L. 1969, p. 561, § 4; Ga. L. 1975, p. 1234, § 1; Ga. L. 1982, p. 3, § 33; Ga. L. 1992, p. 2725, § 21; Ga. L. 2002, p. 1192, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 43 Am. Jur. 2d, Insurance, §§ 42, 43.   C.J.S.   - 44 C.J.S., Insurance, §§ 77et seq.   ALR.    - Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 A.L.R. 834; 42 A.L.R. 1226; 118 A.L.R. 646.   Single or isolated transactions as falling within provisions of commercial or occupational licensing requirements, 93 A.L.R.2d 90.
GA Code § 33-22-4 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 22 - Insurance Premium Finance Companies|§ 33-22-4. Investigation of Applicants for Licenses; Issuance or Denial of License Generally; Hearing; Grounds for Issuance or Denial

  Upon the filing of an application and the payment of the license fee, the Commissioner shall make an investigation of each applicant and shall issue a license if he finds the applicant is qualified in accordance with this chapter. If the Commissioner does not so find, he shall within 30 days after he has received such application so notify the applicant and, at the request of the applicant, give the applicant a full hearing.   The Commissioner shall issue or renew a license as may be applied for when he is satisfied that the person to be licensed:   Is competent and trustworthy and intends to act in good faith in the capacity involved by the license for which application is made;   Has a good business reputation and has had experience, training, or education so as to be qualified in the business for which the application for the license is made;   If a corporation, is a corporation incorporated under the laws of this state or a foreign corporation authorized to transact business in this state; and   Will contribute to and promote the convenience and advantage of the citizens of this state by providing a necessary additional market for the financing of insurance premiums.      (Ga. L. 1969, p. 561, § 5; Ga. L. 1976, p. 1074, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 43 Am. Jur. 2d, Insurance, §§ 30, 42.   C.J.S.   - 44 C.J.S., Insurance, § 77 et seq.   ALR.   - Recovery back of money paid to unlicensed person required by law to have occupational or business license or permit to make contract, 74 A.L.R.3d 637.
GA Code § 33-22-5 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 22 - Insurance Premium Finance Companies|§ 33-22-5. Minimum Capital Requirements; Deposit of Securities or Filing of Bond

 No license shall be issued to any applicant for a license or renewal license under this chapter unless the applicant:    Shall possess and thereafter maintain a minimum balance of at least $5,000.00 in his capital account as shown in his annual report to the Commissioner; provided, however, the Commissioner shall in his discretion require such higher amounts of capital as he deems necessary for the protection of the public; and   Shall deposit with the Commissioner securities acceptable to the Commissioner in the amount of $25,000.00; or   Shall file with the Commissioner a bond, to be approved by the Commissioner and made payable to the Commissioner or his successor in office, executed by the applicant as principal and by a corporate surety authorized to do business in this state in the penal sum of $25,000.00, conditioned that the licensee will conduct his business in accordance with this chapter and the laws of this state and that the licensee will properly account for all moneys collected in connection with this chapter and the laws of this state. The bond shall remain in full force and effect until the surety is released from liability by the Commissioner or until the bond is canceled by the surety and the bond shall not be canceled or terminated unless prior to the cancellation or termination 30 days' written notice is filed with the Commissioner.    (Ga. L. 1975, p. 1234, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 43 Am. Jur. 2d, Insurance, §§ 861, 907, 908.   C.J.S.   - 44 C.J.S., Insurance, §§ 82 et seq., 142, 178, 194 et seq.
GA Code § 33-22-7 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 22 - Insurance Premium Finance Companies|§ 33-22-7. Maintenance of Records of Transactions by Licensees; Examination of Records by Commissioner

  Every licensee shall maintain records of its premium finance transactions and the said records shall be open to examination and investigation by the Commissioner.   Every licensee shall preserve its records of its premium finance transactions, including cards used in a card system, for at least three years after making the final entry in respect to any premium finance agreement. The preservation of records in photographic or electronic form shall constitute compliance with this requirement.   The Commissioner may at any time require any licensee to bring such records as he may direct to the Commissioner's office for examination or, if he deems it necessary, the Commissioner or his duly authorized representative may conduct an examination of the records on the premises of the licensee. The expense of any on-the-premise examination shall be borne by the licensee, as provided in the case of examinations of insurers conducted pursuant to Code Section 33-2-15.    (Ga. L. 1969, p. 561, § 7; Ga. L. 1975, p. 1234, § 4; Ga. L. 1980, p. 505, § 2; Ga. L. 2002, p. 1192, § 3.)   RESEARCH REFERENCES   C.J.S.   - 44 C.J.S., Insurance, § 45 et seq., 66 et seq.
GA Code § 33-22-9 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 22 - Insurance Premium Finance Companies|§ 33-22-9. Service Charges

  As used in this Code section, the term:   "Commercial insurance premium finance agreement" means any insurance premium finance agreement other than a consumer premium finance agreement.   "Consumer insurance premium finance agreement" means an insurance premium finance agreement, as defined in Code Section 33-22-2, wherein the insurance contracts which are the subject of the premium finance agreement are for personal, family, or household purposes rather than business or professional purposes.     A premium finance company shall not charge, contract for, receive, or collect a service charge other than as permitted by this chapter.   The service charge shall be computed on the balance of the premiums due, after subtracting the down payment made by the insured in accordance with the premium finance agreement, from the effective date of the insurance coverage for which the premiums are being advanced, to and including the date when the final payment of the premium finance agreement is payable; provided, however, that service charges as specified in the premium finance agreement may continue to be charged until such agreement is paid in full.   The service charge per consumer insurance premium finance agreement shall be a maximum of $12.00 per $100.00 per annum plus an additional charge which shall not exceed $20.00 per premium finance agreement, which additional charge need not be refunded upon prepayment. Any insured may prepay his or her premium finance agreement in full at any time before the due date of the final payment and in such event the unearned service charge shall be refunded in accordance with the Rule of 78 and shall represent at least as great a proportion of the service charge, if any, as the sum of the periodic balances after the month in which prepayment is made bears to the sum of all periodic balances under the schedule of payments in the agreement.   The service charge for a commercial insurance premium finance agreement shall be properly agreed upon by the parties to the contract. The claim or defense of usury by such insureds who enter into such a commercial insurance premium finance agreement or their successors or anyone in their behalf shall not be valid if such agreement is a valid contract in all other respects.    (Ga. L. 1969, p. 561, § 10; Ga. L. 1970, p. 567, § 2; Ga. L. 1979, p. 1076, § 1; Ga. L. 1981, p. 760, § 2; Ga. L. 2002, p. 1192, § 5; Ga. L. 2003, p. 140, § 33.)   Editor's notes.   - Ga. L. 1981, p. 760, § 4, provided that that Act, § 2 of which amended this section, was to apply to all insurance premium finance agreements entered into on or after the date the Act was signed by the Governor or became law without his approval. The Act was approved April 7, 1981.   Law reviews.   - For article surveying recent legislative and judicial developments regarding Georgia's insurance laws, see 31 Mercer L. Rev. 117 (1979).   JUDICIAL DECISIONS    Cited in  Cochran v. Paco, Inc., 409 F. Supp. 219 (N.D. Ga. 1975).
GA Code § 33-22-10 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 22 - Insurance Premium Finance Companies|§ 33-22-10. Delinquency Charges; Returned Check Fees

  A premium finance agreement may provide for the payment by the insured of a delinquency charge ranging in amount from $1.50 to a maximum of 5 percent of the delinquent payment on any payment which is in default for a period of five days or more. If the default results in the cancellation of any insurance contract listed in the agreement, the agreement may provide for the payment by the insured of a cancellation charge of $15.00 in the case of a commercial insurance premium finance agreement or $5.00 in the case of a consumer insurance premium finance agreement.   A premium finance agreement may provide for a returned check fee of $20.00 for each installment payment check returned by the financial institution as the result of insufficient funds.    (Ga. L. 1969, p. 561, § 11; Ga. L. 1981, p. 760, § 3; Ga. L. 1995, p. 1047, § 2.)   Editor's notes.   - Ga. L. 1981, p. 760, § 4, provided that that Act, § 3 of which amended this section, was to apply to all insurance premium finance agreements entered into on or after the date the Act was signed by the Governor or became law without his approval. The Act was approved April 7, 1981.
GA Code § 33-22-11 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 22 - Insurance Premium Finance Companies|§ 33-22-11. Necessity of Filing of Premium Finance Agreement

 No filing of the premium finance agreement shall be necessary to perfect the validity of the agreement as a secured transaction as against creditors, subsequent purchasers, pledgees, encumbrancers, successors, or assigns.   (Ga. L. 1969, p. 561, § 14.)
GA Code § 33-22-12 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 22 - Insurance Premium Finance Companies|§ 33-22-12. Notification of Insurer by Finance Company of Existence of Premium Finance Agreement

 Any premium finance company which enters into a premium finance agreement under this chapter shall notify the insurer whose premiums are being financed of the existence of the agreement. A draft of the premium finance company made payable directly to the order of the insurer of the premium due such insurer for a policy or policies financed by such premium finance company shall constitute sufficient notice under this Code section. The insurer shall not be required to comply with Code Sections 33-22-13 and 33-22-14 until notification of the existence of the insurance premium finance agreement has been furnished to the insurer in accordance with this Code section.   (Ga. L. 1975, p. 1234, § 5; Ga. L. 1976, p. 1564, § 2; Ga. L. 1984, p. 1345, § 1.)
GA Code § 33-22-12.1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 22 - Insurance Premium Finance Companies|§ 33-22-12.1. Notice to Insured by Premium Finance Company; Copy of Premium Finance Agreement; Notice of Existence of Power of Attorney

 Whenever a premium finance company executes a premium finance agreement relative to a personal or family-type policy of insurance, it shall deliver to the insured or send by electronic means or mail to the insured at his or her address shown in the agreement a copy of the agreement and a written notice which clearly discloses to the insured the existence of the power of attorney contained in such agreement. The written notice shall substantially comply with the following form: "NOTICE Your insurance policy premiums have been financed and are payable on a monthly payment basis. If you do not pay each payment on or before the date due or within 15 days of the date due, we have the right to CANCEL your insurance policy or policies which are financed under the premium finance agreement. To avoid cancellation of your policy or policies, MAKE YOUR PAYMENTS ON TIME."    (Code 1981, §33-22-12.1, enacted by Ga. L. 1995, p. 1047, § 3; Ga. L. 2002, p. 1192, § 6.)
GA Code § 33-22-14.1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 22 - Insurance Premium Finance Companies|§ 33-22-14.1. Transmissions of Electronic Records Subject to Provisions of Uniform Electronic Transactions Act

 Any use or transmission of electronic records or electronic signatures for purposes of this chapter shall be subject to the provisions of Chapter 12 of Title 10, the "Uniform Electronic Transactions Act."    (Code 1981, §33-22-14.1, enacted by Ga. L. 2002, p. 1192, § 9; Ga. L. 2009, p. 698, § 2/HB 126.)
GA Code § 33-22-15 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 22 - Insurance Premium Finance Companies|§ 33-22-15. Promulgation of Rules and Regulations by Commissioner

 The Commissioner may make and enforce such reasonable rules and regulations as may be necessary in making effective this chapter, but the rules and regulations shall not be contrary to nor inconsistent with this chapter.   (Ga. L. 1969, p. 561, § 8.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 43 Am. Jur. 2d, Insurance, § 21.   C.J.S.   - 44 C.J.S., Insurance, § 45 et seq.
GA Code § 33-22-16 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 22 - Insurance Premium Finance Companies|§ 33-22-16. Applicability of Chapter

 This chapter shall not apply with respect to:    Any insurance company authorized to do business in this state;   Any bank, trust company, savings and loan association, credit union, or other lending institution authorized to transact business in this state that does not possess or acquire any right, title, or interest with respect to the insurance policy for which the premiums are financed other than in the proceeds of the insurance policy in the event of loss;   The inclusion of a charge for insurance in connection with an installment sale in accordance with Article 1 of Chapter 1 of Title 10;   The financing of insurance premiums in this state in accordance with Article 1 of Chapter 4 of Title 7 relating to rates of interest;   Insurance premiums in connection with the kinds of business defined in Code Sections 33-7-4 (life insurance) and 33-7-2 (accident and sickness insurance) and for those persons licensed under Chapter 3 of Title 7 to write the insurance authorized in Chapter 3 of Title 7;   Any insurance agent or agency as defined in Code Section 33-23-1 who only finances premiums on policies written by or through such agent or agency, unless such agent or agency wishes to charge, contract for, receive, or collect the service charges, delinquency charges, and other fees or charges permitted under this chapter; in which event such agent or agency shall be required to comply with all of the provisions of this chapter except for the provisions of paragraph (4) of subsection (b) of Code Section 33-22-4, relating to the necessity of showing convenience or advantage to the community in order to obtain a license; or   A holder in due course of the receivables generated by a premium finance company but who is not otherwise acting as a premium finance company under the provisions of this chapter.    (Ga. L. 1969, p. 561, § 2; Ga. L. 1982, p. 1054, § 1; Ga. L. 1985, p. 1087, § 3; Ga. L. 2000, p. 136, § 33; Ga. L. 2002, p. 1192, § 10.)
GA Code § 33-25-2 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 25 - Life Insurance|§ 33-25-2. Inclusion of Application for Insurance or Constitution, Bylaws, or Other Rules of Insurer in Policies; Receipt in Evidence

  Except for group life insurance policies, all life insurance policies which contain any reference to the application for insurance or to the constitution, bylaws, or other rules of the insurer as forming part of or as affecting the contract between the parties shall include or have attached to the policy a correct copy of the application signed by the applicant and of the constitution, bylaws, and rules to which reference is made.   Unless included in or attached to the policy, no application, constitution, bylaws, or rules shall be considered a part of the contract or as an independent contract, nor shall they be received in evidence either as part of or as affecting the contract or as an independent contract in any controversy between the parties to or interested in the policy. This Code section shall not apply to applications for reinstatement.    (Ga. L. 1906, p. 107, § 1; Civil Code 1910, § 2471; Code 1933, § 56-904; Code 1933, § 56-2502, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1981, p. 936, § 2.)   Law reviews.   - For note, "Misrepresentations and Nondisclosures in the Insurance Application," see 13 Ga. L. Rev. 876 (1979). For comment on National Life & Accident Ins. Co. v. Camp, 77 Ga. App. 667, 49 S.E.2d 670 (1948), see 11 Ga. B.J. 349 (1949).   JUDICIAL DECISIONS   ANALYSIS    General Considerations   Fraud in Unattached Applications   Misrepresentation in Attached Applications    RESEARCH REFERENCES   ALR.    - Insurance: incontestable clause as excluding a defense based upon public policy, 13 A.L.R. 674; 35 A.L.R. 1491; 170 A.L.R. 1040.    Application for reinstatement as within statute requiring application to be endorsed upon, or attached to, policy, 67 A.L.R. 1489.    Effect on provisions of insurance policy as to vacancy, of agent's representations made, or knowledge acquired, prior to issuance of policy, 96 A.L.R. 1259.   Insurance: sufficiency of insurer's compliance with statutory requisites as to attaching copy of application to, or making it part of, policy, 18 A.L.R.3d 760.   Negligent misrepresentation as "accident" or "occurrence" warranting insurance coverage, 58 A.L.R.5th 483.
GA Code § 33-25-6 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 25 - Life Insurance|§ 33-25-6. When Issuance of Participating and Nonparticipating Policies Permissible

 A life insurer may issue both participating and nonparticipating policies only if the right or absence of right to participate is reasonably related to the premium charged.   (Code 1933, § 56-1521, enacted by Ga. L. 1960, p. 289, § 1.)