reglab/housing_qa huggingface dataset:
GA Code § 33-39-21 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 39 - Collection, Use, and Disclosure of Information Gathered by Insurance Institutions|§ 33-39-21. Equitable Relief; Damages Recoverable; Costs and Attorney's Fees; Statute of Limitations; Limitation on Remedy or Recovery

  If any insurance institution, agent, or insurance-support organization fails to comply with Code Section 33-39-9, 33-39-10, or 33-39-11 with respect to the rights granted under those Code sections, any person whose rights are violated may apply to any superior court of this state, having jurisdiction over the defendant, for appropriate equitable relief.   An insurance institution, agent, or insurance-support organization which discloses information in violation of Code Section 33-39-14 shall be liable for damages sustained by the individual about whom the information relates; provided, however, that no individual shall be entitled to a monetary award which exceeds the actual damages sustained by the individual as a result of a violation of Code Section 33-39-14.   In any action brought pursuant to this Code section, the court may award the cost of the action and reasonable attorney's fees to the prevailing party.   An action under this Code section must be brought within two years from the date the alleged violation is or should have been discovered.   Except as specifically provided in this Code section, there shall be no remedy or recovery available to individuals, in law or in equity, for occurrences constituting a violation of any provision of this chapter.     (Code 1981, §33-39-21, enacted by Ga. L. 1982, p. 615, § 1; Ga. L. 1983, p. 3, § 24; Ga. L. 1984, p. 22, § 33.)   Law reviews.   - For article, "Statutes of Limitation: Counterproductive Complexities," see 37 Mercer L. Rev. 1 (1985).   JUDICIAL DECISIONS   No monetary damages for violations.    - Monetary damages for a violation of O.C.G.A. § 33-39-11 would not be authorized since § 33-39-21 limits recovery to equitable relief. Garrett v. Life Ins. Co., 221 Ga. App. 315, 471 S.E.2d 262 (1996).
GA Code § 33-39-22 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 39 - Collection, Use, and Disclosure of Information Gathered by Insurance Institutions|§ 33-39-22. Availability of Remedy for Disclosure of Personal, Privileged, or False Information

 No cause of action in the nature of defamation, invasion of privacy, or negligence shall arise against any person for disclosing personal or privileged information in accordance with this chapter, nor shall such a cause of action arise against any person for furnishing personal or privileged information to an insurance institution, agent, or insurance-support organization; provided, however, this Code section shall provide no immunity for disclosing or furnishing false information with malice or willful intent to injure any person.    (Code 1981, §33-39-22, enacted by Ga. L. 1982, p. 615, § 1.)
GA Code § 33-39-23 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 39 - Collection, Use, and Disclosure of Information Gathered by Insurance Institutions|§ 33-39-23. Obtaining of Information Under False Pretenses as Constituting Misdemeanor

 Any person who knowingly and willfully obtains information about an individual from an insurance institution, agent, or insurance-support organization under false pretenses shall be guilty of a misdemeanor.    (Code 1981, §33-39-23, enacted by Ga. L. 1982, p. 615, § 1.)
GA Code § 33-40-1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 40 - Risk Retention Groups|§ 33-40-1. Purpose

 The purpose of this chapter is to regulate the formation and operation of risk retention groups in this state formed pursuant to the provisions of the federal Liability Risk Retention Act of 1986 (RRA 1986).    (Code 1981, §33-40-1, enacted by Ga. L. 1987, p. 875, § 1.)
GA Code § 33-40-3 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 40 - Risk Retention Groups|§ 33-40-3. Risk Retention Groups Chartered in This State

 A risk retention group seeking to be chartered in this state must be chartered and licensed as a casualty or liability insurance company as provided in this title or as a risk retention group captive insurance company under Chapter 41 of this title and, except as provided elsewhere in this chapter or in Chapter 41, as applicable, must comply with all of the laws, rules, regulations, and requirements applicable to such insurers chartered and licensed in this state and with Code Section 33-40-4 to the extent such requirements are not a limitation on laws, rules, regulations, or requirements of this state. Before it may offer insurance in any state, each risk retention group shall also submit for approval to the Commissioner a plan of operation or a feasibility study and revisions of such plan or study if the group intends to offer any additional lines of casualty or liability insurance.    (Code 1981, §33-40-3, enacted by Ga. L. 1987, p. 875, § 1; Ga. L. 1988, p. 966, § 1.)
GA Code § 33-40-4 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 40 - Risk Retention Groups|§ 33-40-4. Risk Retention Groups Not Chartered in This State

  Risk retention groups chartered in states other than this state and seeking to do business as a risk retention group in this state must observe and abide by the laws of this state as provided in this Code section.   Before offering insurance in this state, a risk retention group shall submit to the Commissioner:   A statement identifying the state or states in which the risk retention group is chartered and licensed as a casualty or liability insurance company, date of chartering, its principal place of business, and such other information, including information on its membership, as the Commissioner may require to verify that the risk retention group is qualified under this chapter;   A copy of its plan of operations or a feasibility study and revisions of such plan or study submitted to its state of domicile; provided, however, that the provision relating to the submission of a plan of operation or a feasibility study shall not apply with respect to any line or classification of liability insurance which was defined in the Product Liability Risk Retention Act of 1981 before October 27, 1986, and which was offered before such date by any risk retention group which had been chartered and operating for not less than three years before such date;   A statement of registration which designates the Commissioner as its agent for the purpose of receiving service of legal documents or process; and   A fee or fees as provided in Code Section 33-8-1, which shall accompany such statements and plans required under paragraphs (1), (2), and (3) of this subsection.     Any risk retention group doing business in this state shall submit to the Commissioner:   A copy of the group's financial statement submitted to its state of domicile, which shall be certified by an independent public accountant and contain a statement of opinion on loss and loss adjustment expense reserves made by a member of the American Academy of Actuaries or a qualified loss reserve specialist approved by the Commissioner;   A copy of each examination of the risk retention group as certified by the Commissioner or public official conducting the examination;   Upon request by the Commissioner, a copy of any audit performed with respect to the risk retention group;   Such information as may be required to verify its continuing qualification as a risk retention group under this chapter; and   A fee or fees as provided in Code Section 33-8-1, which shall accompany such copies required under paragraphs (1) and (2) of this subsection.       (Code 1981, §33-40-4, enacted by Ga. L. 1987, p. 875, § 1; Ga. L. 1992, p. 2725, § 29.)
GA Code § 33-40-5 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 40 - Risk Retention Groups|§ 33-40-5. Tax on Premiums

  All premiums paid for coverages within this state to risk retention groups shall be subject to taxation at the rate of 4 percent on all premiums paid or due and payable during the preceding quarter, less return premium. Risk retention groups shall be subject to interest, fines, and penalties for nonpayment or nonreporting as provided in Code Section 33-5-32 for surplus lines brokers.   To the extent agents or brokers are utilized, they shall report and pay the taxes for the premiums for risks which they have placed with or on behalf of a risk retention group not chartered in this state.   To the extent agents or brokers are not utilized or fail to pay the tax, each risk retention group shall pay the tax for risks insured within the state. Further, each risk retention group shall report all premiums paid to it for risks insured within the state.     (Code 1981, §33-40-5, enacted by Ga. L. 1987, p. 875, § 1.)
GA Code § 33-40-6 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 40 - Risk Retention Groups|§ 33-40-6. Unfair Trade Practices

 Any risk retention group and its agents and representatives shall comply with Chapter 6 of this title and all rules and regulations promulgated pursuant to such chapter.    (Code 1981, §33-40-6, enacted by Ga. L. 1987, p. 875, § 1.)
GA Code § 33-40-7 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 40 - Risk Retention Groups|§ 33-40-7. Financial Examination

 Any risk retention group must submit to an examination by the Commissioner to determine its financial condition if the commissioner of the jurisdiction in which the group is chartered has not initiated an examination or does not initiate an examination within 60 days after a request by the Commissioner of this state. Any such examination shall be coordinated to avoid unjustified repetition and conducted in an expeditious manner and in accordance with the Examiner Handbook of the National Association of Insurance Commissioners.    (Code 1981, §33-40-7, enacted by Ga. L. 1987, p. 875, § 1.)
GA Code § 33-40-8 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 40 - Risk Retention Groups|§ 33-40-8. Notice Required in Policy

 Any policy issued by a risk retention group shall contain in ten-point type on the front page and the declaration page the following notice:
GA Code § 33-40-9 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 40 - Risk Retention Groups|§ 33-40-9. Prohibited Acts

 The following acts by a risk retention group are prohibited:    The solicitation or sale of insurance by a risk retention group to any person who is not eligible for membership in such group; and   The solicitation or sale of insurance by, or operation of, a risk retention group that is in a hazardous financial condition or is financially impaired.     (Code 1981, §33-40-9, enacted by Ga. L. 1987, p. 875, § 1.)
GA Code § 33-40-10 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 40 - Risk Retention Groups|§ 33-40-10. Insurance Companies as Members

 No risk retention group shall be allowed to do business in this state if an insurance company is directly or indirectly a member or owner of such risk retention group, other than in the case of a risk retention group comprised solely of insurance companies.    (Code 1981, §33-40-10, enacted by Ga. L. 1987, p. 875, § 1.)
GA Code § 33-40-11 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 40 - Risk Retention Groups|§ 33-40-11. Financially Impaired Nonresident Groups

 A risk retention group not chartered in this state and doing business in this state must comply with a lawful order issued in a voluntary dissolution proceeding or in a delinquency proceeding commenced by a state insurance commissioner if there has been a finding of financial impairment after an examination under Code Section 33-40-7.    (Code 1981, §33-40-11, enacted by Ga. L. 1987, p. 875, § 1.)
GA Code § 33-40-12 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 40 - Risk Retention Groups|§ 33-40-12. Georgia Insurers Insolvency Pool

 No risk retention group shall be permitted to join or contribute financially to the Georgia Insurers Insolvency Pool under Chapter 36 of this title nor shall any risk retention group or its insureds receive any benefit from the Georgia Insurers Insolvency Pool for claims arising out of the operations of such risk retention group.    (Code 1981, §33-40-12, enacted by Ga. L. 1987, p. 875, § 1.)
GA Code § 33-40-13 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 40 - Risk Retention Groups|§ 33-40-13. Countersigning Policies

 Reserved. Repealed by Ga. L. 1999, p. 878, § 14, effective July 1, 1999.   Editor's notes.   - This Code section was based on Code 1981, § 33-40-13, enacted by Ga. L. 1987, p. 875, § 1.
GA Code § 33-40-14 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 40 - Risk Retention Groups|§ 33-40-14. Federal Purchasing Groups

 Any purchasing group meeting the criteria established under the provisions of the federal Liability Risk Retention Act of 1986 shall be exempt from any law of this state relating to the creation of groups for the purchase of insurance, prohibition of group purchasing, or any law that would discriminate against a purchasing group or its members. In addition, an insurer shall be exempt from any law of this state which prohibits providing or offering to provide to a purchasing group or its members advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages, or other matters. A purchasing group shall be subject to all other applicable laws of this state.    (Code 1981, §33-40-14, enacted by Ga. L. 1987, p. 875, § 1.)
GA Code § 33-40-15 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 40 - Risk Retention Groups|§ 33-40-15. Purchasing Group Requirements

  A purchasing group which intends to do business in this state shall furnish to the Commissioner notice which shall:   Identify the state in which the group is domiciled;   Specify the lines and classifications of casualty or liability insurance which the purchasing group intends to purchase;   Identify the insurance company from which the group intends to purchase its insurance and the domicile of such company;   Identify the principal place of business of the group; and   Provide such other information as may be required by the Commissioner to verify that the purchasing group is qualified under Code Section 33-40-2.     The purchasing group shall register with and designate the Commissioner as its agent solely for the purpose of receiving service of legal documents or process, except that such requirements shall not apply in the case of a purchasing group:   Which was domiciled before April 2, 1986, and is domiciled on and after October 27, 1986, in any state of the United States;   Which, before October 27, 1986, purchased insurance from an insurance carrier licensed in any state and since October 27, 1986, has purchased its insurance from an insurance carrier licensed in any state;   Which was a purchasing group under the requirements of the Product Liability Retention Act of 1981 before October 27, 1986; and   Which does not purchase insurance that was not authorized for purposes of an exemption under that act, as in effect before October 27, 1986.     The notice and registration required by subsections (a) and (b) of this Code section shall be accompanied by a fee or fees as provided in Code Section 33-8-1.     (Code 1981, §33-40-15, enacted by Ga. L. 1987, p. 875, § 1; Ga. L. 1992, p. 2725, § 30.)
GA Code § 33-40-16 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 40 - Risk Retention Groups|§ 33-40-16. Purchases by Purchasing Group

 A purchasing group may not purchase insurance from a risk retention group that is not chartered in a state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus lines laws and regulations of such state.    (Code 1981, §33-40-16, enacted by Ga. L. 1987, p. 875, § 1; Ga. L. 1992, p. 6, § 33.)
GA Code § 33-40-17 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 40 - Risk Retention Groups|§ 33-40-17. Enforcement

 The Commissioner is authorized to make use of any of the powers established under this title to enforce the laws of this state so long as those powers are not specifically preempted by the federal Product Liability Risk Retention Act of 1981, as amended by the Risk Retention Amendments of 1986. This includes, but is not limited to, the Commissioner's administrative authority to investigate, issue subpoenas, conduct depositions and hearings, issue orders, and impose penalties. With regard to any investigation, administrative proceedings, or litigation, the Commissioner can rely on the procedural law and regulations of this state. The injunctive authority of the Commissioner in regard to risk retention groups is restricted by the requirement that any injunction be issued by a court of competent jurisdiction.    (Code 1981, §33-40-17, enacted by Ga. L. 1987, p. 875, § 1.)   RESEARCH REFERENCES   ALR.   - Construction and application of federal Product Liability Risk Retention Act of 1981, and amending Liability Risk Retention Act of 1996, 15 U.S.C.A. §§ 3901 et seq., 11 A.L.R. Fed. 3d 3.
GA Code § 33-40-18 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 40 - Risk Retention Groups|§ 33-40-18. Penalties

 Any risk retention group which violates any provision of this chapter will be subject to fines and penalties applicable to licensed insurers generally, including revocation of its license or the right to do business in this state.    (Code 1981, §33-40-18, enacted by Ga. L. 1987, p. 875, § 1.)
GA Code § 33-40-19 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 40 - Risk Retention Groups|§ 33-40-19. License Requirement

 Any person acting or offering to act as an agent or broker for a risk retention group or purchasing group which solicits members, sells insurance coverage, purchases coverage for its members located within the state, or otherwise does business in this state shall, before commencing any such activity, obtain a license from the Commissioner.    (Code 1981, §33-40-19, enacted by Ga. L. 1987, p. 875, § 1.)
GA Code § 33-40-20 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 40 - Risk Retention Groups|§ 33-40-20. Enforcement of Federal Order

 An order issued by any district court of the United States enjoining a risk retention group from soliciting or selling insurance, or operating, in any state, in all states, or in any territory or possession of the United States upon a finding that such a group is in a hazardous financial condition shall be enforceable in the courts of this state.    (Code 1981, §33-40-20, enacted by Ga. L. 1987, p. 875, § 1.)
GA Code § 33-40-21 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 40 - Risk Retention Groups|§ 33-40-21. Rules

 Reserved. Repealed by Ga. L. 2019, p. 533, § 1-1/HB 99, effective July 1, 2019.   Editor's notes.   - This Code section was based on Code 1981, § 33-40-21, enacted by Ga. L. 1987, p. 875, § 1.
GA Code § 33-42-1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 42 - Long-Term Care Insurance|§ 33-42-1. Short Title

 This chapter may be known and cited as the "Long-term Care Insurance Act."    (Code 1981, §33-42-1, enacted by Ga. L. 1988, p. 1541, § 1.)   Cross references.   - Georgia Long-term Care Partnership Program Act, § 49-4-160 et seq.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, Code Sections 33-42-1, 33-42-2, and 33-42-3 as enacted by Ga. L. 1988, p. 1541 were redesignated as Code Sections 33-42-2, 33-42-3, and 33-42-1, respectively.
GA Code § 33-42-2 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 42 - Long-Term Care Insurance|§ 33-42-2. Purpose of Chapter

 The purpose of this chapter is to promote the public interest, to promote the availability of long-term care insurance policies, to protect applicants for long-term care insurance as defined from unfair or deceptive sales or enrollment practices, to establish standards for long-term care insurance, to facilitate public understanding and comparison of long-term care insurance policies, and to facilitate flexibility and innovation in the development of long-term care insurance coverage.    (Code 1981, §33-42-2, enacted by Ga. L. 1988, p. 1541, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, Code Sections 33-42-1, 33-42-2, and 33-42-3 as enacted by Ga. L. 1988, p. 1541 were redesignated as Code Sections 33-42-2, 33-42-3, and 33-42-1, respectively.
GA Code § 33-42-3 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 42 - Long-Term Care Insurance|§ 33-42-3. Applicability of Chapter

 The requirements of this chapter shall apply to long-term care insurance policies issued, delivered, or issued for delivery in this state. This chapter is not intended to supersede the obligations of entities subject to this chapter to comply with the substance of other applicable provisions of this title insofar as they do not conflict with this chapter, except that laws and regulations designed and intended to apply to medicare supplement insurance policies shall not be applied to long-term care insurance. A policy which is not advertised, marketed, or offered as long-term care insurance need not meet the requirements of this chapter.    (Code 1981, §33-42-3, enacted by Ga. L. 1988, p. 1541, § 1; Ga. L. 2019, p. 533, § 1-3/HB 99.)    The 2019 amendment,  effective July 1, 2019, in the first sentence, inserted "long-term care insurance" in the middle, and deleted "on or after July 1, 1988" following "state" at the end.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, Code Sections 33-42-1, 33-42-2, and 33-42-3 as enacted by Ga. L. 1988, p. 1541 were redesignated as Code Sections 33-42-2, 33-42-3, and 33-42-1, respectively.
GA Code § 33-42-5 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 42 - Long-Term Care Insurance|§ 33-42-5. Group Policy Issued in Another State

 No group long-term care insurance coverage may be offered to a resident of this state under a group policy issued in another state to a group described in subparagraph (B) of paragraph (3) of Code Section 33-42-4 unless this state or another state having statutory and regulatory long-term care insurance requirements substantially similar to those adopted in this state has made a determination that such requirements have been met.    (Code 1981, §33-42-5, enacted by Ga. L. 1988, p. 1541, § 1; Ga. L. 2019, p. 533, § 1-5/HB 99.)    The 2019 amendment,  effective July 1, 2019, substituted "paragraph (3)" for "paragraph (4)" in the middle of this Code section.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, the internal reference was changed to "Code Section 33-42-4" and a comma was deleted following "Code Section 33-42-4".
GA Code § 33-42-7 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 42 - Long-Term Care Insurance|§ 33-42-7. Regulations

 Repealed by Ga. L. 2019, p. 533, § 1-6/HB 99, effective July 1, 2019.   Editor's notes.   - Ga. L. 2020, p. 493, § 33/SB 429, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, deleted the reservation of this Code section.