reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 1 - GENERAL PROVISIONS (§§ 33-24-1 — 33-24-59.33) › Section 33-24-59.28 - Insurer obligations for early prescription refills during emergencies

(a)
As used in this Code section, the term "health care insurer" means an insurer, a fraternal benefit society, a health care plan, or a health maintenance organization authorized under this title to sell accident and sickness insurance policies, subscriber certificates, or other contracts of insurance by whatever name called.
(b)
Every health care insurer licensed in this state that provides prescription medication coverage as part of a policy or contract shall waive time restrictions on prescription medication refills, which includes the suspension of electronic "refill too soon" limitations, to enable insureds or subscribers to refill prescriptions in advance and shall authorize payment to pharmacies for a 30 day supply of any prescription medication, regardless of the date upon which the prescription had most recently been filled by a pharmacist, when the following conditions occur:
(1)
The person seeking the prescription medication refill resides in a county or other area of this state that:
(A)
Is declared to be under a state of emergency by executive order of the Governor; or
(B)
Is under a hurricane warning issued by the National Weather Service; and
(2)
The prescription medication has refills remaining and a refill is requested within 30 days after the origination date of the conditions described in paragraph (1) of this subsection or until such conditions are terminated by the issuing authority or no longer exist.
(c)
The Commissioner may by directive as authorized in Code Section
33-2-10
extend the time restriction waiver on prescription medication refills described in subsection (b) of this Code section for 15 or 30 day increments and until such time as he or she determines such extensions are no longer necessary.
(d)
Nothing in this Code section shall exempt any insured or subscriber from compliance with all other terms of the policy or contract providing prescription medication coverage.
Added by 2020 Ga. Laws 589,§ 3, eff. 8/5/2020.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 1 - GENERAL PROVISIONS (§§ 33-24-1 — 33-24-59.33) › Section 33-24-59.29 - Copayments

(a)
As used in this Code section, the term "health benefit plan" means any hospital, health, or medical expense insurance policy, hospital or medical service contract, employee welfare benefit plan, contract or agreement with a health maintenance organization, subscriber contract or agreement, preferred provider organization, accident and sickness insurance benefit plan, or other insurance contract under any other name. The term shall include any health insurance plan established under Article 1 of Chapter 18 of Title 45.
(b)
In all health benefit plans issued, delivered, or renewed in this state, copayments shall be reasonable in relation to the covered benefits to which they apply, shall serve as an incentive rather than a barrier to access appropriate care, and shall not work so as to unfairly deny necessary healthcare services.
Added by 2020 Ga. Laws 472,§ 1, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 1 - GENERAL PROVISIONS (§§ 33-24-1 — 33-24-59.33) › Section 33-24-59.31 - "Customer" defined; when a value-added product or service is not an unfair trade practice or unlawful inducement

(a)
For purposes of this Code section, the term "customer" means a policyholder, potential policyholder, certificate holder, potential certificate holder, insured, potential insured, or applicant.
(b)
The following shall not be construed as an unfair trade practice under subsection (b) of Code Section
33-6-4
or an unlawful inducement under subsection (c) of Code Section
33-9-36
:
(1)
An insurer or insurance producer, by or through employees, affiliates, or third-party representatives, may offer or provide a value-added product or service to a customer at no or reduced cost when such product or service is not specified in the policy of insurance when:
(A)
The value-added product or service relates to the insurance coverage;
(B)
The value-added product or service is offered in a manner that is not unfairly discriminatory, and the availability of the value-added product or service is based on documented objective criteria that is maintained by the insurer or insurance producer and produced upon request by the Commissioner;
(C)
The cost to the insurer or insurance producer for offering or providing the value-added product or service is reasonable in comparison to the premiums or insurance coverage for the policy class; and
(D)
The value-added product or service is primarily designed to:
(i)
Provide loss mitigation or loss control;
(ii)
Reduce claim costs or claim settlement costs;
(iii)
Provide education about liability risks or risk of loss to persons or property;
(iv)
Monitor or assess risk, identify sources of risk, or develop strategies for eliminating or reducing risk;
(v)
Enhance the health of a customer;
(vi)
Enhance the financial wellness of a customer through items such as education or financial planning services;
(vii)
Provide post-loss services;
(viii)
Incentivize behavioral changes to improve the health or reduce the risk of death or disability of a customer; or
(ix)
Assist in the administration of employee or retiree benefit insurance coverage; and
(2)
When an insurer or insurance producer does not have sufficient evidence but has a good-faith belief that the value-added product or service meets the criteria in subparagraph (D) of paragraph (1) of this Code section, the insurer or insurance producer may offer or provide a value-added product or service in a manner that is not unfairly discriminatory as part of a pilot program for no more than one year. An insurer or insurance producer must notify the Commissioner prior to implementing the pilot program and may proceed with such program unless the Commissioner objects in writing within 21 days of notice.
Amended by 2023 Ga. Laws 64,§ 1, eff. 5/1/2023.
Added by 2022 Ga. Laws 760,§ 1, eff. 7/1/2022, app. to all policies or contracts issued, delivered, issued for delivery, or renewed in this state on or after 7/1/2022.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 2 - ASSESSMENT OF PROPOSED ACCIDENT AND SICKNESS INSURANCE COVERAGE (§§ 33-24-60 — 33-24-67) › Section 33-24-60 - Short title

This article shall be known and may be cited as the "Assessment of Proposed Accident and Sickness Insurance Coverage Act."
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 2 - ASSESSMENT OF PROPOSED ACCIDENT AND SICKNESS INSURANCE COVERAGE (§§ 33-24-60 — 33-24-67) › Section 33-24-61 - Legislative findings and intent

It is the intent of the General Assembly to encourage health care cost containment while preserving the quality of care offered to citizens of this state. The General Assembly finds that there is an increasing number of proposals which mandate that certain health insurance benefits be provided by insurers as components of individual and group accident and sickness insurance policies. The General Assembly further finds that many of these health insurance benefits provide beneficial social and health consequences which may be in the public interest. However, the General Assembly also recognizes that most mandated health insurance benefits contribute to the increasing cost of accident and sickness insurance premiums. Therefore, it is the intent of the General Assembly to conduct a systematic review of proposed mandated or mandatorily offered health insurance benefits and to establish guidelines for such a review. This review will assist the General Assembly in determining whether mandating a certain health insurance benefit is in the public interest.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 2 - ASSESSMENT OF PROPOSED ACCIDENT AND SICKNESS INSURANCE COVERAGE (§§ 33-24-60 — 33-24-67) › Section 33-24-62 - "Health insurance benefit bill" defined

As used in this article, the term "health insurance benefit bill" means any legislative proposal which either mandates the inclusion of certain benefits, coverages, or reimbursements for covered health care services in accident and sickness insurance policies or provides for the mandatory offering of such benefits, coverages, or reimbursements in accident and sickness insurance policies.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 2 - ASSESSMENT OF PROPOSED ACCIDENT AND SICKNESS INSURANCE COVERAGE (§§ 33-24-60 — 33-24-67) › Section 33-24-63 - Review of health insurance benefit bill by General Assembly; Commissioner to issue report on bill

(a)
Every health insurance benefit bill, to be determined by the presiding officer of the House of Representatives or the Senate, shall be subject to review by the General Assembly prior to enactment as provided in this article. The Clerk of the House or the Secretary of the Senate shall deliver such bill or bills to the Commissioner of Insurance within five days after such legislation has been read for the first time.
(b)
The Commissioner of Insurance shall issue a report on each health insurance benefit bill which assesses, if possible, the financial effects of the health insurance benefit proposed in such bill. The Commissioner, upon completion of said report, shall deliver a copy thereof to the Governor and to the presiding officer of both houses of the General Assembly.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 2 - ASSESSMENT OF PROPOSED ACCIDENT AND SICKNESS INSURANCE COVERAGE (§§ 33-24-60 — 33-24-67) › Section 33-24-64 - Contents of report by Commissioner on health insurance benefit bills

The report required under Code Section
33-24-63
for assessing the impact of a health insurance benefit bill shall address the financial impact of such legislation by obtaining, at the minimum and to the extent that the information is available, the following:
(1)
To what extent will the benefit increase or decrease the cost of the treatment or service;
(2)
To what extent will the benefit increase the appropriate uses of the treatment or service;
(3)
To what extent will the benefit be a substitute for a more expensive treatment or service;
(4)
To what extent will the benefit increase or decrease the administrative expense of insurers or premium of the policyholders; and
(5)
The impact of this coverage on the total cost of insurance premiums or health care to health insurance policyholders, including the impact of all indirect costs, which are costs other than premiums and administrative costs, on the question of benefit costs and benefits of coverage.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 2 - ASSESSMENT OF PROPOSED ACCIDENT AND SICKNESS INSURANCE COVERAGE (§§ 33-24-60 — 33-24-67) › Section 33-24-65 - Public hearing

The Commissioner of Insurance, upon receiving a certified copy from the Clerk of the House or the Secretary of the Senate of the bill or bills as provided in Code Section
33-24-63
, may in his discretion convene a public hearing within ten calendar days after receipt in order to obtain any information necessary to allow the Commissioner a basis upon which to prepare the report required by this article. If the Commissioner convenes a public hearing, he shall give such notice as is reasonable under the circumstances and, in all other respects, shall conduct such hearing in accordance with Chapter 2 of this title.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 2 - ASSESSMENT OF PROPOSED ACCIDENT AND SICKNESS INSURANCE COVERAGE (§§ 33-24-60 — 33-24-67) › Section 33-24-66 - Evidence, testimony, and information necessary to prepare report under Code Section 33-24-63; time period for issuing of reports on bill

(a)
The Commissioner shall compile all evidence, testimony, and information necessary to prepare the report required by Code Section
33-24-63
. The Commissioner may include in this report studies, reviews, or evaluations of similar legislation completed by other states or any department of the government of the United States of America and any evaluations performed by the staff of the Department of Insurance.
(b)
Within 20 days of the date of receipt of the health insurance benefit bill, the Commissioner shall issue the report required in Code Section
33-24-63
. If a public hearing was conducted, the report shall contain a concise statement of the information revealed at the public hearing and may include copies of any document or documents presented at the public hearing and any other information deemed necessary by the Commissioner.
Amended by 2019 Ga. Laws 139,§ 1-93, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 2 - ASSESSMENT OF PROPOSED ACCIDENT AND SICKNESS INSURANCE COVERAGE (§§ 33-24-60 — 33-24-67) › Section 33-24-67 - Rules and regulations

The Commissioner shall promulgate all rules and regulations necessary or appropriate to the administration and enforcement of this article.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 3 - BREAST CANCER PATIENT CARE (§§ 33-24-70 — 33-24-72) › Section 33-24-70 - Short title

This article shall be known and may be cited as the "Breast Cancer Patient Care Act."
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 3 - BREAST CANCER PATIENT CARE (§§ 33-24-70 — 33-24-72) › Section 33-24-71 - Legislative findings

The General Assembly finds and declares that:
(1)
Whereas, until recently health care insurers covered costs of hospital stays of a patient who had undergone a mastectomy or lymph node dissection until that patient was discharged by a physician. Now some insurers are making mastectomies and lymph node dissections an outpatient procedure and refusing to pay for any hospital inpatient care following the procedure;
(2)
There is sufficient scientific data to question the safety and appropriateness of such treatment of breast cancer patients; and
(3)
The length of postmastectomy or postlymph node dissection inpatient stay should be a clinical decision made by a physician in agreement with the patient based on the unique characteristics of the patient and the surgery involved.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 4 - USE OF CREDIT INFORMATION IN UNDERWRITING OR RATING RISKS (§§ 33-24-90 — 33-24-98) › Section 33-24-90 - Definitions

As used in this article, the term:
(1)
"Adverse action" shall mean a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of any insurance, existing or applied for, in connection with the underwriting of personal insurance.
(2)
"Affiliate" shall mean any company that controls, is controlled by, or is under common control with another company.
(3)
"Applicant" shall mean an individual who has applied to be covered by a personal insurance policy with an insurer.
(4)
"Consumer" shall mean an insured whose credit information is used or whose insurance score is calculated in the underwriting or rating of a personal insurance policy or an applicant for such a policy.
(5)
"Consumer reporting agency" shall mean any person that, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties.
(6)
"Credit information" shall mean any credit related information derived from a credit report or found on a credit report utilized by an insurer or used by an insurer to calculate an insurance score for personal insurance. Information that is not credit related shall not be considered credit information, regardless of whether it is contained in a credit report or in an application, or is used to calculate an insurance score.
(7)
"Credit report" shall mean any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, or credit capacity which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor to determine personal insurance premiums, eligibility for coverage, or tier placement.
(8)
"Insurance score" shall mean a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit information for the purposes of predicting the future insurance loss exposure of an individual applicant or insured.
(9)
"Personal insurance" shall mean private passenger automobile, homeowners, motorcycle, mobile homeowners, and noncommercial dwelling fire insurance policies and boat, personal watercraft, snowmobile, and recreational vehicle policies. Such policies must be individually underwritten for personal, family, or household use. No other type of insurance shall be included as personal insurance for the purpose of this article.
Added by 2003 Ga. Laws 79, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 4 - USE OF CREDIT INFORMATION IN UNDERWRITING OR RATING RISKS (§§ 33-24-90 — 33-24-98) › Section 33-24-92 - Disputed items in credit report

If an item or items contained in the credit information for an applicant or insured are in dispute pursuant to the dispute resolution process set forth in the federal Fair Credit Reporting Act,
15 USC 1681i
, the insurer, during the 45 day period following the date on which the item was placed in dispute pursuant to such dispute resolution process, shall either not use such disputed item or items in making its underwriting or rating determination for such applicant or insured or shall treat the credit information as neutral with respect to the item or items in dispute.
Added by 2003 Ga. Laws 79, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 4 - USE OF CREDIT INFORMATION IN UNDERWRITING OR RATING RISKS (§§ 33-24-90 — 33-24-98) › Section 33-24-93 - Disclosure by insurer of use of credit information

(a)
If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or its agent shall disclose, either on the insurance application or at the time the insurance application is taken, that it may obtain credit information in connection with such application. Such disclosure shall be either written or provided to an applicant in the same medium as the application for insurance. The insurer need not provide the disclosure statement required under this Code section to any insured on a renewal policy, if such consumer has previously been provided a disclosure statement.
(b)
The disclosure required by this Code section shall be in substantially the following form: "In connection with this application for insurance, we may review your credit report or obtain or use a credit based insurance score based on the information contained in that credit report. We may use a third party in connection with the development of your insurance score."
Added by 2003 Ga. Laws 79, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 4 - USE OF CREDIT INFORMATION IN UNDERWRITING OR RATING RISKS (§§ 33-24-90 — 33-24-98) › Section 33-24-94 - Adverse action based on credit information; notice to consumer

If an insurer takes an adverse action based upon credit information, the insurer must meet the notice requirements of this Code section. Such insurer shall provide notification to the consumer that an adverse action has been taken, in accordance with the requirements of the federal Fair Credit Reporting Act,
15 USC 1681m(a)
, and shall provide notification to the consumer explaining the reason or reasons for the adverse action. The reasons must be provided in sufficiently clear and specific language so that a person can identify the basis for the insurer's decision to take an adverse action. Such notification shall include a description of up to four factors that were the primary influences of the adverse action. The use of generalized terms such as "poor credit history," "poor credit rating," or "poor insurance score" does not meet the explanation requirements of this Code section. Standardized credit explanations provided by consumer reporting agencies or other third party vendors are deemed to comply with this Code section.
Added by 2003 Ga. Laws 79, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 4 - USE OF CREDIT INFORMATION IN UNDERWRITING OR RATING RISKS (§§ 33-24-90 — 33-24-98) › Section 33-24-95 - Filing scoring models with Commissioner; confidential nature of filing

(a)
Insurers that use insurance scores to underwrite and rate risks must file their scoring models or other scoring processes with the Commissioner of Insurance. A third party may file scoring models on behalf of insurers licensed to do business in this state, provided that such third parties are on an approved list maintained by the Commissioner. A filing that includes insurance scoring may include loss experience justifying the use of credit information.
(b)
Any filing relating to credit information is considered to be a trade secret and proprietary information of the entity filing the information. Such information shall not be subject to public disclosure and shall be exempt from disclosure under the provisions of Article 4 of Chapter 18 of Title 50.
Amended by 2005 Ga. Laws 19,§ 33, eff. 4/7/2005.
Added by 2003 Ga. Laws 79, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 4 - USE OF CREDIT INFORMATION IN UNDERWRITING OR RATING RISKS (§§ 33-24-90 — 33-24-98) › Section 33-24-96 - Insurer obligation to indemnify and defend agents

An insurer shall indemnify, defend, and hold agents harmless from and against all liability, fees, and costs arising out of or relating to the actions, errors, or omissions of an agent or a producer who obtains or uses credit information or insurance scores for an insurer, provided the agent or producer follows the instructions and procedures established by the insurer and complies with any applicable law or regulation. Nothing in this Code section shall be construed to provide a consumer or other insured with a cause of action that does not exist in the absence of this Code section.
Added by 2003 Ga. Laws 79, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 4 - USE OF CREDIT INFORMATION IN UNDERWRITING OR RATING RISKS (§§ 33-24-90 — 33-24-98) › Section 33-24-97 - Consumer reporting agency disclosure of insurance information; applicability to motor vehicle reports

(a)
No consumer reporting agency shall provide or sell data or lists that include any information that in whole or in part was submitted in conjunction with an insurance inquiry about a consumer's credit information or a request for a credit report or insurance score. Such information includes, but is not limited to, the expiration dates of an insurance policy or any other information that may identify time periods during which a consumer's insurance may expire and the terms and conditions of the consumer's insurance coverage.
(b)
The restrictions provided in subsection (a) of this Code section do not apply to data or lists the consumer reporting agency supplies to the insurance agent or producer from whom information was received, the insurer on whose behalf such agent or producer acted, or such insurer's affiliates or holding companies.
(c)
Nothing in this Code section shall be construed to restrict any insurer from being able to obtain a claims history report or a motor vehicle report.
Added by 2003 Ga. Laws 79, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 24 - INSURANCE GENERALLY (§§ 33-24-1 — 33-24-98) › Article 4 - USE OF CREDIT INFORMATION IN UNDERWRITING OR RATING RISKS (§§ 33-24-90 — 33-24-98) › Section 33-24-98 - Use of insurance scores permitted

Notwithstanding any provision of law to the contrary, insurers shall be allowed to use insurance scores in rating and underwriting subject to the provisions of this article.
Added by 2003 Ga. Laws 79, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 25 - LIFE INSURANCE (§§ 33-25-1 — 33-25-15) › Section 33-25-1 - "Contract of life insurance" defined

A "contract of life insurance" is one whereby the insurer, for a consideration, assumes an obligation to be performed upon the death of the insured or upon the death of another in the continuance of whose life the insured has an insurable interest, whether such obligation is one to pay a sum of money, to perform services, or to furnish goods, wares, or merchandise, or other things of value, and whether the cost or value of the undertaking on the part of the insurer is more or less than the consideration flowing to him.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 25 - LIFE INSURANCE (§§ 33-25-1 — 33-25-15) › Section 33-25-2 - Inclusion of application for insurance or constitution, bylaws, or other rules of insurer in policies; receipt in evidence

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 25 - LIFE INSURANCE (§§ 33-25-1 — 33-25-15) › Section 33-25-5 - Inclusion of provisions excluding or restricting liability for death

(a)
No policy of life insurance, except as stated in subsection (c) of this Code section, shall be delivered or issued for delivery in this state if it contains a provision which excludes or restricts liability for death caused in a certain specified manner or occurring while the insured has a specified status, except that the policy may contain provisions excluding or restricting coverage as specified therein in event of death under any one or more of the following circumstances:
(1)
Death as a result, directly or indirectly, of war, declared or undeclared, or of any act or hazard of such war;
(2)
Death as the result of aviation or any air travel or flight;
(3)
Death as a result of a specified hazardous occupation or occupations;
(4)
Death while the insured is a resident outside the continental United States and Canada; or
(5)
Death within two years from the date of issue of the policy as a result of suicide, while sane or insane.
(b)
A policy which contains any exclusion or restriction pursuant to subsection (a) of this Code section shall also provide that in the event of death under circumstances to which any such exclusion or restriction is applicable, the insurer will pay an amount not less than a reserve determined according to the Commissioner's reserve valuation method upon the basis of the mortality table and interest rate specified in the policy for the calculation of nonforfeiture benefits or, if the policy provides no such benefits, computed according to a mortality table and interest rate determined by the insurer and specified in the policy with adjustment for indebtedness or dividend credit.
(c)
This Code section shall not apply to group life insurance, reinsurance, annuities, or to any provision of a life insurance policy, or contract supplemental thereto, relating to disability benefits, or to additional benefits in the event of death by accident or accidental means.
(d)
Nothing contained in this Code section shall prohibit any provision which in the opinion of the Commissioner is more favorable to the policyholder than a provision permitted by this Code section.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 25 - LIFE INSURANCE (§§ 33-25-1 — 33-25-15) › Section 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.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 25 - LIFE INSURANCE (§§ 33-25-1 — 33-25-15) › Section 33-25-7 - Effect of incontestable clause

A clause in any policy of life insurance which provides that the policy shall be incontestable after a specified period shall preclude only a contest of the validity of the policy and shall not preclude the assertion at any time of defenses based upon provisions in the policy which exclude or restrict coverage, whether or not the restrictions or exclusions are excepted in the clause.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 25 - LIFE INSURANCE (§§ 33-25-1 — 33-25-15) › Section 33-25-8 - Right of person to whom policy or contract issued to return policy or contract and receive premium refund; effect of return; proof of return

(a)
Every individual life insurance policy or contract issued for delivery in this state, except those issued in connection with a credit transaction, shall have printed on or attached to the 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 after receipt thereof 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.
(b)
If the 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.
(c)
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 the commercial delivery company is obtained.
(d)
A person shall be deemed to have received a policy or contract for purposes of subsection (a) of this Code section if there has elapsed a period of six months from the effective date of the policy or contract or if there has elapsed a period of time from the effective date of the policy or contract during which there have been sent to the person two premium notices or other such statements of policy or contract activity, whichever period is longer.
Amended by 2019 Ga. Laws 140,§ 80, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 25 - LIFE INSURANCE (§§ 33-25-1 — 33-25-15) › Section 33-25-9 - Issuance or delivery of life insurance policies as part of or in combination with other contracts, agreements, or plans

Except as expressly provided in this Code section, no life insurance policy shall be issued or delivered in this state, as a part of or in combination with any insurance, endowment, or annuity contract, any agreement or plan additional to the rights, dividends, and benefits arising out of any such insurance, endowment, or annuity contract:
(1)
Which provides for the accumulation of profits over a period of years and for payment of all or any part of the accumulated profits only to members or policyholders of a designated group or class who continue as members or policyholders until the end of a specified period of years;
(2)
Which provides that on the death of anyone other than a beneficiary or a person insured thereunder the owner or beneficiary of the policy shall receive the payment or granting of anything of value;
(3)
Which provides that the whole or any part of the premiums or consideration for the policy, dividends, coupons, reserves, special reserves, lapses, or the excess interest therefrom, or any funds or money in excess of the normal reserve required to meet the contractual guarantees of the policy are to be placed or invested in special funds or segregated accounts and the funds or earnings therefrom divided among those taking the policy, their beneficiaries, or assignees; or
(4)
Which provides for the sale, solicitation, or delivery of any stock or shares of stock in any company or which provides for a benefit certificate, securities, or any special advisory board contract or other contracts or resolutions of similar nature or which provides for policy dividends bearing a stated relationship to dividends on the stock of any company as an inducement to or in connection with the sale or acceptance of such policy.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 25 - LIFE INSURANCE (§§ 33-25-1 — 33-25-15) › Section 33-25-10 - Payment of interest on proceeds or payments under policies

(a)
Each insurer admitted to transact life insurance in this state shall pay interest on proceeds or payments under any individual policy of life insurance, payable to a beneficiary residing in this state or to a beneficiary under a policy issued in this state or to a beneficiary under a policy insuring a person resident in this state at the time of death.
(b)
Interest payable pursuant to subsection (a) of this Code section shall be computed from the insured's death until the date of payment and shall be at the following rate of interest:
(1)
In the event an action to recover the proceeds due under such policy is commenced and results in a judgment against the insurer, interest shall be computed at the legal rate of interest; or
(2)
In the event no such action has been commenced, interest shall be computed daily at the greater of the rate of 6 percent per annum or the highest interest rate currently paid by the insurer on proceeds left under an interest settlement option; provided, however, that when a claim for the policy proceeds is filed with the insurer, interest shall be computed daily from 30 days after the date the claim is filed until the date of payment at the rate of 12 percent.
(c)
This Code section shall not:
(1)
Apply to proceeds under any such policy paid within 30 days after the date of death of the insured;
(2)
Require the payment of interest in an amount of less than $5.00;
(3)
Apply to policies of credit life insurance;
(4)
Require the payment of interest for any period during which an insurer is required to pay interest under any state or federal law pertaining to interpleader; or
(5)
Apply to any individual policy issued within 12 months of the death of the insured.
(d)
For the purposes of this Code section, payment shall be deemed to have been received by a resident when manually delivered by an agent or representative of the insuring company or when deposited by the insuring company in the United States mail, postage prepaid, and directed to the resident at his last known address as evidenced by the business records of the insuring company.
(e)
(1)
For the purposes of this Code section, a claim shall be deemed to have been filed with an insurer on the date that the insurer receives a substantially completed application or other written notice for the policy proceeds and reasonable proof of death of the insured.
(2)
In cases of group life insurance, a claim shall be deemed to have been filed on the date that the insurer receives the information provided in paragraph (1) of this subsection and receives from the group policyholder written evidence of eligibility for coverage.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 25 - LIFE INSURANCE (§§ 33-25-1 — 33-25-15) › Section 33-25-11 - Cash surrender value and proceeds of life insurance policies and annuity contracts not liable to attachment, garnishment, or legal process in favor of creditors; proceeds becoming part of insured's estate

(a)
Whenever any person residing in the state shall die leaving insurance on his or her life, such insurance shall inure exclusively to the benefit of the person for whose use and benefit such insurance is designated in the policy, and the proceeds thereof shall be exempt from the claims of creditors of the insured unless the insurance policy or a valid assignment thereof provides otherwise. Whenever the insurance, by designation or otherwise, is payable to the insured or to the insured's estate or to his or her executors, administrators, or assigns, the insurance proceeds shall become a part of the insured's estate for all purposes and shall be administered by the personal representative of the estate of the insured in accordance with the probate laws of the state in like manner as other assets of the insured's estate.
(b)
Payments as directed in this Code section shall, in every such case, discharge the insurer from any further liability under the policy, and the insurer shall in no event be responsible for, or be required to see to, the application of such payments.
(c)
The cash surrender values of life insurance policies issued upon the lives of 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 whose life is so insured unless the insurance policy 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.
Amended by 2006 Ga. Laws 868,§ 1, eff. 5/5/2006.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 25 - LIFE INSURANCE (§§ 33-25-1 — 33-25-15) › Section 33-25-12 - Contesting of policy after reinstatement

A reinstated policy of life insurance 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 policy provides with respect to contestability after original issuance.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 25 - LIFE INSURANCE (§§ 33-25-1 — 33-25-15) › Section 33-25-13 - Receipt of benefits from insurance policy of deceased by person found guilty of committing murder or voluntary manslaughter

No person who commits murder or voluntary manslaughter or who conspires with another to commit murder shall receive any benefits from any insurance policy on the life of the deceased, even though the person so killing or conspiring be named beneficiary in the insurance policy. A plea of guilty or a judicial finding of guilt not reversed or otherwise set aside as to any of such crimes shall be prima-facie evidence of guilt in determining rights under this Code section. All right, interest, estate, and proceeds in such an insurance policy shall go to the other heirs of the deceased who may be entitled thereto by the laws of descent and distribution of this state, unless secondary beneficiaries be named in the policy, in which event such secondary beneficiaries shall take.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 25 - LIFE INSURANCE (§§ 33-25-1 — 33-25-15) › Section 33-25-15 - Insurer prohibited from penalizing agent for apprising policy owner of alternatives to lapse or surrender of individual life insurance policy

(a)
As used in this Code section, the term:
(1)
"Agent" means a person that is the agent of record of a policy or that has a business relationship with the policy owner or insured.
(2)
"Insurer" means the insurance company that issued or currently insures the policy.
(3)
"Person" means an individual or a legal entity.
(4)
"Policy" means an individual life insurance policy owned by an individual who is a resident of this state, regardless of whether such individual life insurance policy has been issued, delivered, or renewed in this state.
(b)
No insurer or any other person shall terminate, fine, or otherwise penalize an agent for:
(1)
Apprising a policy owner or his or her designee of options under the policy terms to the lapse or surrender of the policy; or
(2)
Assisting a policy owner with securing any benefits under the policy terms.
Added by 2016 Ga. Laws 357,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 26 - INDUSTRIAL LIFE INSURANCE (§§ 33-26-1 — 33-26-7) › Section 33-26-1 - "Industrial life insurance" defined

Industrial life insurance is that form of insurance under which not more than $2,000.00 on a single life, exclusive of additional benefits in the event of death from accidental means, is payable on any such policy for which the premiums are payable monthly or more frequently and which bears the words "industrial policy" or "weekly premium policy" or words of similar import imprinted on the face of the policy as a part of the descriptive matter.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 26 - INDUSTRIAL LIFE INSURANCE (§§ 33-26-1 — 33-26-7) › Section 33-26-3 - Provision of disability benefits

Any policy of industrial life insurance may provide a weekly benefit for disability, caused by sickness or accident, not greater than $40.00 per week.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 26 - INDUSTRIAL LIFE INSURANCE (§§ 33-26-1 — 33-26-7) › Section 33-26-4 - Notice of right of person to whom policy or contract issued to return policy or contract and receive premium refund; effect of return of policy or contract; proof of return

(a)
Every industrial life policy or contract issued for delivery in this state shall have printed thereon or attached thereto 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 after receipt thereof 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.
(b)
If the 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.
(c)
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 at least first-class mail to the insurer or agent, as provided in this Code section and a receipt provided by the United States Postal Service is obtained.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 26 - INDUSTRIAL LIFE INSURANCE (§§ 33-26-1 — 33-26-7) › Section 33-26-5 - Right of beneficiaries and assigns of insurance policies to proceeds as against creditors and representatives of insured

The proceeds and avails of any industrial life insurance policy shall be free from the claims of creditors and representatives of the insured and of persons effecting the same to the same extent and under the same conditions as provided for in the case of other life insurance policies under Code Section
33-25-11
.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 26 - INDUSTRIAL LIFE INSURANCE (§§ 33-26-1 — 33-26-7) › Section 33-26-6 - Applicability of Code Sections 33-25-4, 33-25-5, 33-25-7, 33-25-9, 33-25-10, and 33-25-12

In addition to the requirements specifically set forth in this chapter, no policy of industrial life insurance shall be delivered or issued for delivery in this state unless it complies with Code Sections
33-25-4
,
33-25-5
,
33-25-7
,
33-25-9
,
33-25-10
, and
33-25-12
.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 26 - INDUSTRIAL LIFE INSURANCE (§§ 33-26-1 — 33-26-7) › Section 33-26-6.1 - Limits on aggregate face amount of policies insuring the life of one person

No insurer shall knowingly issue an industrial life insurance policy insuring the life of a person if the issuance of such policy would cause the aggregate face amount of industrial life insurance payable on the life of such person under any and all such policies issued by such insurer to exceed the sum of $2,000.00, exclusive of additional benefits in the event of death from accidental means.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 26 - INDUSTRIAL LIFE INSURANCE (§§ 33-26-1 — 33-26-7) › Section 33-26-6.2 - Premium payment cap on whole life insurance policies

(a)
No insurer shall issue a policy which allows for the collection or payment of premiums which in the aggregate will be greater than 150 percent of the face amount of the policy.
(b)
This Code section shall apply to industrial whole life policies, which are policies which may be kept in force for a person's whole life and which pay a benefit upon the person's death, whenever such death occurs, or policies which may have a designated age certain, as specified in the policy, when premium payments would cease.
Added by 2002 Ga. Laws 755, § 3, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 26 - INDUSTRIAL LIFE INSURANCE (§§ 33-26-1 — 33-26-7) › Section 33-26-7 - Offering or delivering of policies or contracts in violation of chapter

Any company, agent, representative, or solicitor for the company, agent, or representative who shall write, offer to the public, or deliver to any insured any policy or contract of insurance which in form or legal effect is contrary to or in violation of this chapter with respect to cash surrender value, extended insurance, or other benefits in case of lapsed industrial life insurance policies shall be guilty of a misdemeanor.