reglab/housing_qa huggingface dataset:
GA Code § 33-2-28 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 2 - Department and Commissioner|§ 33-2-28. Scope of Judicial Review; Disposition of Action by Reviewing Court

  Unless review of the action complained of is required by law to be de novo:   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 evidence before him in such proceedings; provided, however, that the parties may by written stipulation agree to an abbreviated record including so much of the transcript as shall be necessary to determine the questions under review;   The reviewing court's decision shall be upon the basis of the pleadings and the record so presented;   The findings of the Commissioner as to any fact, if supported by substantial evidence upon consideration of the record as a whole, shall be conclusive;   If issues of fact outside the record shall be made by the pleadings, they may be determined by the court.     Judicial review of any fact determined by the Commissioner shall be de novo unless:   The determination was made after a hearing required or authorized by this title; or   The determination is one committed by law to the Commissioner's discretion.     So far as necessary to decision and where presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of any department action. The court shall:   Compel department action unlawfully withheld or unreasonably delayed; and   Hold unlawful and set aside department action, findings, and conclusions found to be:   Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;   Contrary to legal or constitutional right, power, privilege, or immunity;   In excess of statutory jurisdiction, authority, or limitations or short of statutory right;   Without observance of procedure required by law;   Unsupported by substantial evidence upon consideration of the record as a whole in cases determined pursuant to paragraphs (2) and (3) of subsection (a) of this Code section;   Unwarranted by the facts in cases in which the facts are subject to trial de novo by the reviewing court.       In making the determinations called for in subparagraphs (A) through (F) of paragraph (2) of subsection (c) of this Code section, the court shall review the whole record or such portions of the record as may be cited by any party; and due account shall be taken of the rule of prejudicial error.   The reviewing court may also grant such further relief either legal or equitable, or both, as the interest of the public and the aggrieved parties in such proceedings shall require.    (Code 1933, § 56-227, enacted by Ga. L. 1960, p. 289, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 43 Am. Jur. 2d, Insurance, § 32.   C.J.S.   - 44 C.J.S., Insurance, § 70 et seq.
GA Code § 33-2-29 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 2 - Department and Commissioner|§ 33-2-29. Disposition of Amounts Collected Under Title Generally; Allowance of Refunds and Credits

 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 to allow credits for any amounts which have been illegally or erroneously paid or collected pursuant to any provision of this title; and such payments to the Office of the State Treasurer shall be less the amount of any such refunds or credits, provided that no refunds or credits shall be allowed under this Code section unless a written request for such refund or credit is filed with the Commissioner within seven years from the date of payment or collection of the amount for which a refund or credit is claimed.   (Code 1933, § 56-228, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1976, p. 1080, § 1; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 2/SB 296.)
GA Code § 33-2-30 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 2 - Department and Commissioner|§ 33-2-30. Limitation Period for Issuance of Notice of Deficiency Assessment or Execution Thereon; Waiver of Limitations

  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, the notice of a deficiency assessment or the issuance of an execution thereon shall be given within ten years from the date on which such return is due. In the case of fraud there shall be no time limitation.   If, before the expiration of the time prescribed in this Code section for giving of a notice of deficiency assessment or before the issuance of an execution thereon, the taxpayer has consented in writing to the giving of the notice after such time, the notice may be given at any time prior to the expiration of the time agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.    (Code 1933, § 56-228.1, enacted by Ga. L. 1976, p. 1080, § 1.)   RESEARCH REFERENCES   ALR.   - Effect of fraud to toll the period for bringing action prescribed in statute creating the right of action, 15 A.L.R.2d 500.   Validity, and applicability to causes of action not already barred, of a statute enlarging limitation period, 79 A.L.R.2d 1080.
GA Code § 33-2-31 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 2 - Department and Commissioner|§ 33-2-31. Extension of Time for Filing Tax Return or Paying Tax; Payment of Interest by Taxpayer Granted Extension

 The Commissioner for good cause shown may extend for no more than 30 days the time for filing a tax return or paying any amount required to be paid with any return. The extension may be granted at any time, provided that a request therefor is filed with the Commissioner within or prior to the period for which the extension may be granted. Any taxpayer to whom an extension is granted shall pay, in addition to the tax, interest at the rate of 1 percent per month or fraction thereof until the date of payment.   (Code 1933, § 56-228.2, enacted by Ga. L. 1976, p. 1080, § 1.)
GA Code § 33-2-32 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 2 - Department and Commissioner|§ 33-2-32. Fees

  Each corporation or individual, of whatever name or class, which now has or which may hereafter have bonds or securities on deposit as 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.   All fees collected under subsection (a) of this Code section shall be paid into the general fund of the state treasury.   If a fee prescribed in subsection (a) of this Code section has not been paid on or before January 15, the Commissioner shall refuse to accept the deposits required by law and shall not certify their acceptance until the fee is fully paid. The Commissioner shall suspend or revoke the license of the delinquent company or individual until the fee is fully paid.     (Ga. L. 1909, p. 145, § 2; Ga. L. 1927, p. 131, § 2; Code 1933, § 40-1202; Code 1981, §33-2-32, enacted by Ga. L. 1984, p. 22, § 33; Ga. L. 1992, p. 2725, § 7.)   Editor's notes.   - The provisions of this Code section were previously enacted in substantially similar form by the Acts and codes listed in the historical citation. However, those provisions were not originally enacted as part of the O.C.G.A. by the Code enactment Act (Ga. L. 1981, Ex. Sess., p. 8).
GA Code § 33-2-33 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 2 - Department and Commissioner|§ 33-2-33. List of Written Requests for Assistance by Citizens Against Insurers

 Reserved. Repealed by Ga. L. 2019, p. 337, § 1-14/SB 132, effective July 1, 2019.   Editor's notes.   - This Code section was repealed prior to becoming effective and was based on Ga. L. 1989, p. 633, § 1.
GA Code § 33-3-1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 3 - Authorization and General Requirements for Transaction of Insurance|§ 33-3-1. Definitions

 As used in this chapter, the term:    "Administrative supervision" means the continued operation of the company under supervision of the Commissioner in accordance with regulations promulgated by the Commissioner.   "Alien" insurer means an insurer formed under the laws of a country other than the United States.   "Charter" means articles of incorporation, articles of agreement, articles of association, or other basic constituent document of a corporation; subscribers' agreement and power of attorney of a reciprocal insurer; or underwriters' agreement and power of attorney of a Lloyd's insurer.   "Domestic" insurer means an insurer formed under the laws of Georgia.   "Foreign" insurer means an insurer formed under the laws of another state or government of the United States.   "State" means any state, commonwealth, territory, or district of the United States.   "United States" includes the states, territories, districts, and commonwealths of the United States.    (Code 1933, § 56-301, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1992, p. 2877, § 4.)   Law reviews.   - For article discussing restrictions on the establishment and transaction of business by a foreign insurer in Georgia with emphasis on threshold requirements for establishment by alien insurers, see 27 Mercer L. Rev. 629 (1976).   JUDICIAL DECISIONS    Cited in Aetna Cas. & Sur. Co. v. Sampley, 108 Ga. App. 617, 134 S.E.2d 71 (1963).
GA Code § 33-3-3 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 3 - Authorization and General Requirements for Transaction of Insurance|§ 33-3-3. Qualifications for Transaction of Insurance Generally; Transaction of Insurance by Insurers Owned by States, Foreign Governments

  To qualify for and hold authority to transact insurance in Georgia an insurer must be otherwise in compliance with the provisions of this title and with its charter powers and must be an incorporated stock insurer, an incorporated mutual insurer, a fraternal benefit society, a farmers' mutual fire insurance company, a Lloyd's association, or a reciprocal insurer of the same general type as may be formed as a domestic insurer under this title, except that no foreign or alien insurer shall be authorized to transact insurance in Georgia which does not maintain reserves as required by Chapter 10 of this title applicable to the kind or kinds of insurance transacted in the United States by such insurer.   No certificate of authority or license to transact any kind of insurance business in this state shall be issued, renewed, or continued in effect to any domestic, foreign, or alien insurance company or other insurance entity which is owned or financially controlled in whole or in substantial part by any state of the United States, by a foreign government, or by any political subdivision, instrumentality, or agency of either or which is an agency of such state or foreign government or any political subdivision, instrumentality, or agency of either unless such company or entity was so owned, controlled, or constituted prior to January 1, 1957, and was authorized to do business in this state on or prior to said date.   Membership in a mutual insurer, subscribership in a reciprocal insurer, or supervision of an insurer by a public insurance supervisory authority shall not be deemed to be an ownership, control, or operation of the insurer for the purposes of subsection (b) of this Code section.    (Code 1933, § 56-303, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1982, p. 3, § 33; Ga. L. 2017, p. 164, § 5/HB 127.)   Law reviews.   - For article discussing restrictions on the establishment and transaction of business by a foreign insurer in Georgia with emphasis on threshold requirements for establishment by alien insurers, see 27 Mercer L. Rev. 629 (1976).   OPINIONS OF THE ATTORNEY GENERAL   Annual report required of all domestic and foreign corporations.   - Each corporation, domestic and foreign, authorized to transact business in this state is required to file an annual report with the Secretary of State's office, regardless of where its authority to transact business may have originated. 1977 Op. Att'y Gen. No. 77-62 (rendered prior to 1989 revision of Chapter 2 of Title 14).   RESEARCH REFERENCES   ALR.    - Power of mutual benefit society to waive restrictions upon eligibility to membership, 28 A.L.R. 93.
GA Code § 33-3-4 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 3 - Authorization and General Requirements for Transaction of Insurance|§ 33-3-4. Kinds of Insurance in Which Insurers May Transact

 An insurer which otherwise qualifies to transact insurance in Georgia may be authorized to transact any one kind or combination of kinds of insurance as defined in Chapter 7 of this title except:    A reciprocal insurer shall not transact life insurance;   A Lloyd's insurer shall not transact life insurance; and   A title insurer shall be a stock insurer and shall be authorized to transact only title insurance and closing protection letters, pursuant to Code Section 33-7-8.1.    (Code 1933, § 56-304, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1982, p. 3, § 33; Ga. L. 2012, p. 1077, § 1/SB 331; Ga. L. 2019, p. 337, § 1-15/SB 132.)    The 2019 amendment,  effective July 1, 2019, deleted ", except that, if immediately prior to January 1, 1961, any title insurer lawfully held a subsisting certificate of authority granting it the right to transact in Georgia additional classes of insurance other than title insurance, so long as the insurer is otherwise in compliance with this title, the Commissioner shall continue to authorize such insurer to transact the same classes of insurance as those specified in such prior certificate of authority" following "Code Section 33-7-8.1" at the end of paragraph (3).   OPINIONS OF THE ATTORNEY GENERAL   Paragraph (3) refers only to insurers licensed to transact title insurance in state.   - The language used in this section with reference to title insurers was intended to mean only those insurers which had complied with the applicable provisions of the insurance laws, including the procuring of a license to transact title insurance in this state. 1963-65 Op. Att'y Gen. p. 334.   Foreign title insurer may be licensed to transact other classes.   - An insurer which has charter power to write title insurance, along with one or more other classes of insurance, may be licensed in Georgia to write such other class or classes of insurance so long as it is not licensed to write title insurance in Georgia. 1963-65 Op. Att'y Gen. p. 334.   Company does not lose right if authorized to write title insurance elsewhere.   - A company licensed in Georgia to write fire insurance or some other class of insurance would not lose that right upon being authorized by the state of its domicile to write title insurance. 1963-65 Op. Att'y Gen. p. 334.   Mobile homes as real property.   - Mobile homes deemed by parties to sales transaction to be a part of real property upon which they are located may be the subjects of title insurance. 1982 Op. Att'y Gen. No. 82-52.   RESEARCH REFERENCES   ALR.    - Power of mutual benefit society to waive restrictions upon eligibility to membership, 28 A.L.R. 93.
GA Code § 33-3-5 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 3 - Authorization and General Requirements for Transaction of Insurance|§ 33-3-5. Classification of Kinds of Insurance

 For the purpose of this chapter, the kinds of insurance defined in Chapter 7 of this title shall be arranged in the following six classes:    Life, accident, and sickness;   Property, marine, and transportation;   Casualty;   Surety;   Title; and   Health maintenance organization.  Each of the groups numbered (1) through (6) shall constitute a class of insurance.     (Code 1933, § 56-305, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1990, p. 1275, § 1; Ga. L. 2019, p. 337, § 1-16/SB 132.)    The 2019 amendment,  effective July 1, 2019, substituted "Health maintenance organization" for "Health Maintenance Organization" in paragraph (6).   Editor's notes.   - Ga. L. 1990, p. 1275, § 7, not codified by the General Assembly, provides that the 1990 amendment is "effective for purposes of application to new or newly admitted insurers on January 1, 1991, and effective for all purposes on July 1, 1992."   Law reviews.   - For article discussing restrictions on the establishment and transaction of business by a foreign insurer in Georgia with emphasis on threshold requirements for establishment by alien insurers, see 27 Mercer L. Rev. 629 (1976).   JUDICIAL DECISIONS   Class (1) includes credit life insurance.    - Credit life insurance, being a form of life insurance, is a part of that "class" of insurance as defined in this section, whether it is level or reducing term. Cullers v. Home Credit Co., 130 Ga. App. 441, 203 S.E.2d 544 (1973).    Cited in United States Life Title Ins. Co. v. Hutsell, 164 Ga. App. 443, 296 S.E.2d 760 (1982).   RESEARCH REFERENCES   Am. Jur. 2d.   - 43 Am. Jur. 2d, Insurance, § 34.   C.J.S.   - 44 C.J.S., Insurance, § 7 et seq.   ALR.    - Power of mutual benefit society to waive restrictions upon eligibility to membership, 28 A.L.R. 93.
GA Code § 33-3-7.1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 3 - Authorization and General Requirements for Transaction of Insurance|§ 33-3-7.1. Compliance With Minimum Surplus Requirements for Mutual Insurers

 Repealed by Ga. L. 2000, p. 1246, § 3, effective July 1, 2000.   Editor's notes.   - This Code section was based on Code 1981, § 33-3-7.1, enacted by Ga. L. 1994, p. 1931, § 1.
GA Code § 33-3-10 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 3 - Authorization and General Requirements for Transaction of Insurance|§ 33-3-10. Requirement of Additional Special Deposits of Securities by Domestic, Foreign, or Alien Insurers

  In addition to the deposits required by Code Sections 33-3-8 and 33-3-9, the Commissioner may require any domestic, foreign, or alien insurer to make such additional special deposits of securities eligible for the investment of capital funds of domestic insurers under this title as he may deem reasonable and necessary for the protection of the public whenever the Commissioner shall determine that the adverse financial condition of the insurer requires such action.   Such additional special deposits shall be deposited with the Commissioner in trust for the protection of all policyholders of the insurer and all others entitled to the proceeds of its policies except in the case of foreign or alien insurers, in which case such additional special deposits shall be deposited with the Commissioner in trust for the protection of all the insurer's policyholders in Georgia and all others in Georgia entitled to the proceeds of its policies.   The deposits provided for under this Code section shall be administered by the Commissioner in accordance with Chapter 12 of this title.    (Code 1933, § 56-310.1, enacted by Ga. L. 1977, p. 878, § 1.)   Cross references.   - Administration of deposits, T. 33, C. 12.   RESEARCH REFERENCES   Am. Jur. 2d.   - 43 Am. Jur. 2d, Insurance, §§ 37, 46.   C.J.S.   - 44 C.J.S., Insurance, §§ 82 et seq., 142, 178, 194 et seq.
GA Code § 33-3-11 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 3 - Authorization and General Requirements for Transaction of Insurance|§ 33-3-11. Requirement of Licensed Resident Agent

 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, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1982, p. 3, § 33; Ga. L. 1998, p. 1091, § 1.
GA Code § 33-3-12 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 3 - Authorization and General Requirements for Transaction of Insurance|§ 33-3-12. Requirements as to Name of Insurer

  No insurer shall be authorized to transact insurance in Georgia which has or uses a name so similar to that of any insurer already so authorized as to cause uncertainty or confusion, except that, in case of conflict of names between two insurers, the Commissioner may permit or require as a condition to the issuance of an original certificate of authority to an insurer making application therefor that the insurer use in Georgia any supplementation or modification of its name as may reasonably be necessary to avoid a conflict.   No insurer shall be authorized to transact business in Georgia which has or uses a name which would deceptively mislead as to the type of organization of the insurer.    (Code 1933, § 56-318, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1982, p. 3, § 33.)   Cross references.   - Corporate names generally, §§ 14-2-401 et seq.,14-3-401 et seq.   OPINIONS OF THE ATTORNEY GENERAL   Changing name releases old name if not used.   - An amendment of an insurance company's charter changing the name of that insurance company would automatically release that name for immediate use by another insurance company where the original company did no insurance business under its old name; that is, it neither issued policies, paid claims, nor advertised its name or reputation in any way with the general public. 1967 Op. Att'y Gen. No. 67-457.   RESEARCH REFERENCES   Am. Jur. 2d.   - 43 Am. Jur. 2d, Insurance, § 1573.
GA Code § 33-3-14 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 3 - Authorization and General Requirements for Transaction of Insurance|§ 33-3-14. Application Fee

 Every original application shall be accompanied by the fee required by Code Section 33-8-1, which shall be returned to the applicant if the application is finally denied.   (Code 1933, § 56-313, enacted by Ga. L. 1960, p. 289, § 1.)
GA Code § 33-3-15 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 3 - Authorization and General Requirements for Transaction of Insurance|§ 33-3-15. Issuance or Refusal of Certificate of Authority Generally; Determining Whether Insurer Meets Definition of Reinsurer; Designation on Certificate

  Upon filing of an application for an original certificate of authority, the Commissioner shall have 90 days in which to approve the application by issuing an appropriate certificate of authority or disapprove the application by issuing an order setting forth the grounds for such disapproval. The Commissioner may extend such 90 day period for an additional 90 days by notifying the applicant in writing of such extension. If the application is not approved or disapproved within such time period or periods, the application shall be deemed approved and the Commissioner shall thereupon issue the appropriate certificate of authority.   The certificate, if issued, shall specify the kind or kinds of insurance the insurer is authorized to transact in Georgia. At the insurer's request, the Commissioner may issue a certificate of authority limited to particular types of insurance included within a kind of insurance as defined in this title.   The Commissioner shall determine if the insurer is a reinsurer and shall so designate on the certificate. As used in this subsection, the term "reinsurer" means an insurer that is principally engaged in the business of reinsurance, does not conduct significant amounts of direct insurance as a percentage of its net premiums, and is not engaged in an ongoing basis in the business of soliciting direct insurance.    (Code 1933, § 56-314, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2011, p. 622, § 1/SB 252.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 43 Am. Jur. 2d, Insurance, §§ 27, 30.   C.J.S.   - 44 C.J.S., Insurance, §§ 139, 149.