reglab/housing_qa huggingface dataset:
GA Code § 33-28-4 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 28 - Annuity and Pure Endowment Contracts|§ 33-28-4. Scope of Incontestable Clause

 A clause in any annuity contract providing that the contract shall be incontestable after a specified period shall preclude only a contest of the validity of the contract and shall not preclude the assertion at any time of defenses based upon provisions in the contract which exclude or restrict coverage, whether or not the restrictions or exclusions are excepted in the clause.   (Code 1933, § 56-2604, enacted by Ga. L. 1960, p. 289, § 1.)   RESEARCH REFERENCES   ALR.    - Grounds for cancellation or rescission of annuity agreement, or for recovery back of property conveyed, or money paid, thereunder, 131 A.L.R. 424.
GA Code § 33-28-5 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 28 - Annuity and Pure Endowment Contracts|§ 33-28-5. Contesting of Contract After Reinstatement

 A reinstated annuity contract may be contested on account of fraud or misrepresentation of facts material to the reinstatement only for the same period following reinstatement and with the same conditions and exceptions as the contract provides with respect to contestability after original issuance.   (Code 1933, § 56-2510, enacted by Ga. L. 1960, p. 289, § 1.)   Law reviews.   - For note, "Incontestability Clauses in Georgia Insurance Contracts," see 13 Ga. L. Rev. 850 (1979).   RESEARCH REFERENCES   Am. Jur. 2d.   - 44 Am. Jur. 2d, Insurance, § 768 et seq.   C.J.S.   - 46 C.J.S., Insurance, § 1222 et seq.   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.    Insurance: effect of incontestable clause on supplemental contracts, 45 A.L.R. 1369.    Express exception in incontestability clause as negativing other exceptions thereto, 88 A.L.R. 773.    Applicability of incontestable clause to defense based on false impersonation or mistake as to identity of person insured, 98 A.L.R. 710.    Change in, renewal of, or substitution for original policy of life insurance as affecting time limitation prescribed by original policy in respect of defenses available to insurer, 110 A.L.R. 1139.    Grounds for cancelation or rescission of annuity agreement, or for recovery back of property conveyed, or money paid, thereunder, 131 A.L.R. 424.   What amounts to contest within contemplation of incontestable clause, 95 A.L.R.2d 420.
GA Code § 33-28-6 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 28 - Annuity and Pure Endowment Contracts|§ 33-28-6. Right of Person to Whom Contract Issued to Return Contract and Receive Premium Refund; Effect of Return; Proof of Return

  Every annuity, reversionary annuity, or pure endowment contract issued for delivery in this state, except group annuities, shall have printed on or attached to the contract a notice stating in substance that the person to whom the annuity or contract is issued shall be permitted to return the annuity or contract within ten days after receipt thereof and to have the premium paid refunded if, after examination of the annuity or contract, the purchaser is not satisfied with it for any reason.   If the purchaser, pursuant to such notice, returns the annuity or contract to the insurer at its home or branch office or to the agent through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no annuity or contract had been issued.   Without limiting any other method of returning an annuity or contract under this Code section, it shall be prima-facie evidence of the fact and date of return of an annuity or contract if the annuity or contract is dispatched by certified mail or statutory overnight delivery to the insurer or agent, as provided in this Code section, and a return receipt provided by the United States Postal Service or the commercial delivery company is obtained.    (Code 1933, § 56-2605, enacted by Ga. L. 1979, p. 786, § 4; Ga. L. 1982, p. 3, § 33; Ga. L. 2000, p. 1589, § 9.)   Editor's notes.   - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to subsection (c) is applicable with respect to notices delivered on or after July 1, 2000.
GA Code § 33-28-7 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 28 - Annuity and Pure Endowment Contracts|§ 33-28-7. Proceeds of Annuity, Reversionary Annuity, or Pure Endowment Contracts Not Liable to Attachment, Garnishment, or Legal Process in Favor of Creditors of Beneficiary

 The proceeds of annuity, reversionary annuity, or pure endowment contracts issued to citizens or residents of this state, upon whatever form, shall not in any case be liable to attachment, garnishment, or legal process in favor of any creditor of the person who is the beneficiary of such annuity contract unless the annuity contract was assigned to or was effected for the benefit of such creditor or unless the purchase, sale, or transfer of the policy is made with the intent to defraud creditors.   (Code 1933, § 56-2603, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2006, p. 885, § 2/HB 1304.)   Law reviews.   - For article, "Consumer Bankruptcy Panel: Hot Consumer Bankruptcy Plan Issues," see 28 Emory Bankr. Dev. J. 333 (2012).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarities of the statutory provisions, decisions under former Code 1933, §§ 56-901 and 56-905, are included in the annotations for this Code section.    This section creates no exemption of a debtor's property from execution,  but rather a special cause of action for a creditor against one who is not the principal debtor. United States v. Truax, 223 F.2d 229 (5th Cir. 1955) (decided under former Code 1933, §§ 56-901 and 56-905).   Bankruptcy.    - There is no indication that the Georgia General Assembly intended to amend or supplement the bankruptcy specific exemptions found in O.C.G.A. § 44-13-100 by way of the more general Georgia Insurance Code provisions. Rather, it appears that the General Assembly intended the Georgia Insurance Code to apply to nonbankruptcy situations with the bankruptcy specific exemptions in § 44-13-100 applying in bankruptcy cases. In re Allen, Bankr. (Bankr. M.D. Ga. Oct. 4, 2010).    Cited in King v. Travelers Ins. Co., 202 Ga. App. 568, 415 S.E.2d 176 (1992); Silliman v. Cassell (In re Cassell), 443 Bankr. 200 (Bankr. N.D. Ga. 2010).   RESEARCH REFERENCES   C.J.S.   - 46A C.J.S., Insurance, § 1951.   ALR.    - Purchase of annuity by debtor as fraud on creditors, 154 A.L.R. 727.   Endowment policy as life insurance within exemption law, 30 A.L.R.2d 751.   Enforceability, in forum, of extraterritorial waiver of debtor's exemption valid where made, 60 A.L.R.2d 1449.   Qualification of life insurance proceeds held by insurer for federal estate tax marital deduction, 78 A.L.R.2d 1029.   What constitutes state or local law that is applicable on date of filing of bankruptcy petition for purposes of applying 11 U.S.C.A. § 522(b)(3)(A) or its predecessor in opt-out states, 76 A.L.R. Fed. 2d 333.
GA Code § 33-29-3.1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 29 - Individual Accident and Sickness Insurance|§ 33-29-3.1. Coverage for Human Heart Transplants; Optional Endorsement; Requirements; Guidelines

  Every insurer authorized to issue individual accident and sickness insurance plans, policies, or contracts shall be required to make available, either as a part of or as an optional endorsement to all such policies providing major medical insurance coverage which are issued, delivered, issued for delivery, or renewed coverage for human heart transplants, including any charges for acquisition, transportation, or donation of a human heart when a human heart transplant is performed. Such coverage shall be at least as extensive and provide at least the same degree of coverage as that provided by the respective plan, policy, or contract for the treatment of other types of physical illnesses. Such an optional endorsement shall also provide that the coverage required to be made available pursuant to this Code section shall also cover the spouse and the dependents of the insured if the insured's spouse and dependents are covered under such benefit plan, policy, or contract.   The optional endorsement required to be made available under subsection (a) of this Code section shall not contain any exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to human heart transplants unless such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract; provided, however, the optional endorsement may contain a waiting period for the coverage or a delayed eligibility date of not more than 12 months from the effective date of the endorsement.   Nothing in this Code section shall be construed to prohibit an insurer, nonprofit corporation, health care plan, health maintenance organization, or other person issuing any similar individual accident and sickness insurance benefit plan, policy, or contract from issuing or continuing to issue an individual accident and sickness insurance benefit plan, policy, or contract which provides benefits greater than the minimum benefits required to be made available under this Code section or from issuing any such plans, policies, or contracts which provide benefits which are generally more favorable to the insured than those required to be made available under this Code section.   Nothing in this Code section shall be construed to prohibit the inclusion of coverage for human heart transplants that differs from the coverage provided in the same insurance plan, policy, or contract for physical illnesses if the policyholder does not purchase the optional coverage made available pursuant to this Code section.     (Code 1981, §33-29-3.1, enacted by Ga. L. 1988, p. 960, § 1; Ga. L. 2019, p. 386, § 87/SB 133.)    The 2019 amendment,  effective July 1, 2019, deleted "on or after July 1, 1988," following "or renewed" in the middle of the first sentence of subsection (a).
GA Code § 33-29-5 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 29 - Individual Accident and Sickness Insurance|§ 33-29-5. Order of Printing of Provisions

 The provisions which are the subject of Code Sections 33-29-3 and 33-29-4, or any corresponding provisions which are used in lieu thereof in accordance with such Code sections, shall be printed in consecutive order of the provisions in such Code sections or, at the option of the insurer, any such provisions may appear as a unit in any part of the policy, with other provisions to which they may be logically related, provided the resulting policy shall not be in whole or in part unintelligible, uncertain, ambiguous, abstruse, or likely to mislead a person to whom the policy is offered, delivered, or issued.   (Code 1933, § 56-3011, enacted by Ga. L. 1960, p. 289, § 1.)
GA Code § 33-29-7 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 29 - Individual Accident and Sickness Insurance|§ 33-29-7. Provision in Policies for Refusal of Renewal Generally

  Subject to Code Section 33-29-21, each policy, covered by this chapter, except accident insurance only policies, in which the insurer reserves the right to refuse renewal on an individual basis, shall provide, in substance, in a provision of the policy entitled "renewability," that, subject to the right to terminate the policy upon nonpayment of premiums when due, the right to refuse renewal shall not be exercised before the renewal date occurring on, or after and nearest, each anniversary or, in the case of lapse and reinstatement, at the renewal date occurring on, or after and nearest, each anniversary of the last reinstatement, and that any refusal or renewal shall be without prejudice to any claim originating while the policy is in force.   The insurer shall not amend or endorse the policy prior to the anniversary date in a manner tending to restrict or lower the benefits, add exclusions, or increase the premium.    (Code 1933, § 56-3006, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2005, p. 481, § 7/HB 291.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 43 Am. Jur. 2d, Insurance, § 378 et seq.   ALR.    - Express provisions in life, accident, or health policies that authorize refusal of renewal premium or otherwise make renewal optional with insurer, 119 A.L.R. 530; 161 A.L.R. 193.
GA Code § 33-29-8 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 29 - Individual Accident and Sickness Insurance|§ 33-29-8. Provision in Policies Renewable or Cancelable at Option of Insurer for Refund of Premiums

  Except as provided in subsection (b) of this Code section, every insurer delivering or issuing for delivery in this state policies of accident and sickness insurance which are renewable at the option of the insurer or cancelable at the option of the insurer shall provide in said policies a provision as follows:  "If the company cancels or refuses to renew this policy except for nonpayment of premiums prior to age ____________ (insert age which shall not be less than 60), it will refund 75 percent of the premiums paid in excess of the benefits received. The requirements of this provision shall not apply to cancellation or refusal to accept renewal premiums because of change in occupation of the insured to an occupation generally classified by the insurer as to all applicants as uninsurable."    This Code section shall not apply to and the provision prescribed in subsection (a) of this Code section need not be included in any major medical policy which provides that the insurer may cancel or refuse to renew the policy as of an anniversary date when also canceling or refusing to renew all policies with the same provisions and premium rate basis in the jurisdiction in which the insured resides, and then only if either or both of the following conditions are applicable:   The insured is or could be covered by benefits, substantially similar in both kind and amount to those of the policy, in accordance with any federal or state governmental health insurance program; or   The insurer is prevented by any law or any regulation or ruling of a governmental agency from applying to the policy a table of premium rates which the insurer certifies, based on its experience, is reasonable in relation to the benefits provided.     For the purpose of this chapter, a major medical policy is any policy which provides benefits of at least 75 percent of necessary, reasonable, and customary charges for medical care, including hospitalization in semiprivate accommodations, with maximum lifetime benefit of at least $100,000.00, subject only to such exceptions, restrictions, limitations, and deductible as the Commissioner may deem reasonable.    (Code 1933, § 56-3009, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1973, p. 499, § 7; Ga. L. 1975, p. 415, § 1; Ga. L. 1982, p. 3, § 33; Ga. L. 2005, p. 481, § 8/HB 291.)
GA Code § 33-29-9 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 29 - Individual Accident and Sickness Insurance|§ 33-29-9. Requirements as to References in Policies to Noncancelable Nature or Guaranteed Renewability Nature; Exception for Certain Matters Concerning Renewability of Individual Accident and Sickness Policies; Rules and Regulations

  No policy of accident or sickness insurance shall refer to its noncancelable nature without at the same time disclosing all options the insurer may have in regard to renewability; and the guaranteed renewable nature of any such policy shall not be referred to unless the reference at the same time discloses the qualifications on the guarantee of renewability, including any age limits, any right to change premium rates by class, any aggregate provisions, and any other limitations on the right to renewal in a manner which shall not minimize or render obscure the qualifying conditions.   An insurer operating in the major medical or comprehensive, guaranteed renewable business in this state shall permit an insured to change his or her major medical or comprehensive coverage, upon election at any renewal, to a comparable product offered by that insurer or a product offered by that insurer with more limited product benefits; to a product with higher deductibles; or to modify his or her existing coverage to elect any optional higher deductibles under that policy. If such product, benefit, or deductible change is elected by the insured during the 60 day required period after notice of renewal premium increase but before renewal date, such insured shall not be subject to any new preexisting conditions exclusion that did not apply to his or her original coverage.   The Commissioner shall adopt such rules and regulations as he or she deems necessary for the administration of this Code section.    (Code 1933, § 56-3010, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2006, p. 183, § 1/HB 1456; Ga. L. 2019, p. 386, § 93/SB 133.)    The 2019 amendment,  effective July 1, 2019, in subsection (b), in the first sentence, substituted "this state" for "the State of Georgia" near the middle, and twice deleted "currently" preceding "offered" in the middle.
GA Code § 33-29-10 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 29 - Individual Accident and Sickness Insurance|§ 33-29-10. Operation of Provision Establishing Age for Termination of Coverage Generally; Effect of Misstatement of Age of Insured

  If any accident and sickness policy delivered or issued for delivery in this state contains a provision establishing, as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective and, if the date falls within a period for which premium is accepted by the insurer or if the insurer accepts a premium after such date, the coverage provided by the policy will continue in force until the end of the period for which premium has been accepted.   In the event the age of the insured has been misstated and if, according to the correct age of the insured, the coverage provided by the policy would not have become effective or would have ceased prior to the acceptance of the premium or premiums, then the liability of the insurer shall be limited to the refund, upon request, of all premiums paid for the period not covered by the policy.    (Code 1933, § 56-3003, enacted by Ga. L. 1960, p. 289, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 44 Am. Jur. 2d, Insurance, § 1046 et seq.   C.J.S.   - 46 C.J.S., Insurance, § 1234 et seq.   ALR.   - Clause in health and accident, or similar, policy reducing amount of, or terminating, periodic payments after insured reaches specified age, as applicable to disability incurred before such age was reached, 53 A.L.R.2d 552.
GA Code § 33-29-11 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 29 - Individual Accident and Sickness Insurance|§ 33-29-11. Right of Person to Whom Policy or Contract Issued to Return Policy or Contract and Receive Premium Refund; Effect of Return; Proof of Return

  Every individual accident and sickness policy or contract, except single premium nonrenewable policies or contracts, issued for delivery in this state by an insurer shall have printed on or attached to the policy or contract a notice stating in substance that the person to whom the policy or contract is issued shall be permitted to return the policy or contract within ten days of its delivery to said purchaser and to have the premium paid refunded if, after examination of the policy or contract, the purchaser is not satisfied with it for any reason.   If the insured or purchaser, pursuant to such notice, returns the policy or contract to the insurer at its home or branch office, or to the agent through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no policy or contract had been issued. Without limiting any other method of returning a policy or contract under this Code section, it shall be prima-facie evidence of the fact and date of return of a policy or contract if the policy or contract is dispatched by certified mail or statutory overnight delivery to the insurer or agent, as provided in this Code section, and a return receipt provided by the United States Postal Service or commercial delivery company is obtained.    (Code 1933, § 56-3007, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2000, p. 1589, § 10; Ga. L. 2019, p. 386, § 94/SB 133.)    The 2019 amendment,  effective July 1, 2019, deleted "on or after January 1, 1961," following "delivery in this state" in subsection (a); and, in subsection (b), in the second sentence, twice substituted "a policy" for "an annuity", and substituted "the policy" for "the annuity".   Editor's notes.   - Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to subsection (b) is applicable with respect to notices delivered on or after July 1, 2000.
GA Code § 33-29-12 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 29 - Individual Accident and Sickness Insurance|§ 33-29-12. Policies Issued for Delivery or Delivered Within State by Foreign or Alien Insurers; Policies of Domestic Insurers Issued for Delivery in Other States or Countries

  Any policy of a foreign or alien insurer, when delivered or issued for delivery to any person in this state, may contain any provision which is not less favorable to the insured or the beneficiary than those provisions contained in this chapter and which is prescribed or required by the law of the state under which the insurer is organized.   Any policy of a domestic insurer may, when issued for delivery in any other state or country, contain any provision permitted or required by the laws of the other state or country.    (Code 1933, § 56-3013, enacted by Ga. L. 1960, p. 289, § 1.)   RESEARCH REFERENCES   ALR.    - Decision of United States Supreme Court that insurance is interstate commerce as affecting state statutes relating to foreign insurance companies, 164 A.L.R. 500.
GA Code § 33-29-13 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 29 - Individual Accident and Sickness Insurance|§ 33-29-13. Furnishing of Written Outline of Coverage to Applicants for Insurance; Approval of Outline

 Every insurer shall furnish to any applicant for accident and sickness insurance in this state a written outline showing the major coverage of the policy applied for, the major exclusions of the policy applied for, the renewal provisions of the policy applied for, and a reference to the policy with respect to further provisions. The written outline shall be given to the applicant at the time of signing the application for the policy and the forms of the outlines shall be subject to the same requirements for filing and approval as are set forth for the filing and approval of policy forms as required in Code Sections 33-24-9 and 33-24-10.   (Code 1933, § 56-3008, enacted by Ga. L. 1960, p. 289, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Handing information to applicant in person not required.   - This section, properly interpreted, does not require that information be handed to an applicant in person by an agent of the soliciting company at the time the application is signed. 1968 Op. Att'y Gen. No. 68-414.   RESEARCH REFERENCES   ALR.    - Blood poisoning traceable to attendance upon patient as within coverage extended by accident policy, 61 A.L.R. 1072.   What constitutes medical or surgical treatment, or the like, within exclusionary clause of accident policy or accidental death feature of life policy, 65 A.L.R.2d 1449.   Liability insurance: "accident" or "accidental" as including loss resulting from ordinary negligence of insured or his agent, 7 A.L.R.3d 1262.   Construction and application of provision in health or hospitalization policy excluding or postponing coverage of illness originating prior to issuance of policy or within stated time, 94 A.L.R.3d 990.   Accident insurance: death or disability incident to partaking of food or drink as within provision as to external, violent, and accidental means, 29 A.L.R.4th 1230.