reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-43.3 - Compensation of adjusters; criteria for written endorsement of payment

(a)
Except as provided by subsection (b) of this Code section, an adjuster may receive a commission for service provided under this article consisting of an hourly fee, a flat rate, a percentage of the total amount paid by an insurer to resolve a claim, or another method of compensation. A public adjuster may not charge the insured an unreasonable fee, and the total commission received shall not exceed 33.3 percent of the amount of the insurance settlement of the claim.
(b)
An adjuster shall not receive a commission consisting of a percentage of the total amount paid by an insurer to resolve a claim on a claim on which the insurer, not later than 72 hours after the date on which the loss is reported to the insurer, either pays or commits in writing to pay to the insured the policy limit of the insurance policy. A public adjuster is entitled to reasonable compensation from the insured for services provided by such adjuster on behalf of the insured, based on the time spent on a claim that is subject to this Code section and expenses incurred by such adjuster, until the claim is paid or the insured receives a written commitment to pay from the insurer.
(c)
Except for the payment of a commission by the insured, all persons paying proceeds of a policy of insurance or making any payment affecting an insured's rights under a policy of insurance shall:
(1)
Include the insured as a payee on the payment draft or check; and
(2)
Require the written signature and endorsement of the insured on the payment draft or check.
(d)
An adjuster shall not accept any payment that violates the provisions of this Code section.
(e)
A public adjuster may sign or endorse a payment, draft, or check issued on behalf of an insured if authorized in writing by each insured payee, and only if such written endorsement meets the following criteria:
(1)
The authorization limits the public adjuster to endorse the check or payment for deposit only into the public adjuster's escrow or trust account and such authorization states that the check or payment will be distributed in the percentages or amounts agreed upon in the public adjuster contract;
(2)
The authorization requires that the insured be notified of the deposit of funds, and states that any distribution of such funds to the insured or the public adjuster will be accompanied by a detailed breakdown of the funds distributed; and
(3)
The authorization form states that such authorization may be revoked at any time by the insured upon written notice of such revocation to the public adjuster.
Added by 2021 Ga. Laws 185,§ 4, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-43.4 - Proof of financial responsibility

(a)
As a continuing condition of licensure, a public adjuster may, at the Commissioner's discretion, file proof of financial responsibility with respect to transactions with insureds under this chapter in an amount determined by the Commissioner by rule. The financial responsibility shall include the ability to pay sums that the public adjuster is obligated to pay under any judgment against such adjuster by an insured, based on an error, omission, fraud, negligent act, or unfair practice of such adjuster or any person for whose acts such adjuster is legally liable in the transaction of such adjuster's business under this Code section.
(b)
In determining the amount of the financial responsibility requirement, the Commissioner shall consider the nature of the obligation, other financial security requirements under this Code section, and financial security requirements adopted for public adjusters in other states. In determining the types of financial responsibility required, the Commissioner may consider a surety bond or a professional liability policy or similar policy or contract of professional liability coverage acceptable to the Commissioner.
(c)
The requirements of this Code section are in addition to the bond requirements of Code Section
33-23-6
and relevant rules and regulations promulgated by the Commissioner.
Added by 2021 Ga. Laws 185,§ 4, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-43.5 - Complete record of transactions; retention and examination

(a)
A public adjuster shall keep a complete record in this state of each of such adjuster's transactions as a public adjuster. The records shall include each of the following:
(1)
The name of the insured;
(2)
The date, location, and amount of the loss;
(3)
A copy of the contract between the public adjuster and the insured;
(4)
The name of the insurer and the amount, expiration date, and number of each policy under which the loss is covered;
(5)
An itemized statement of the recoveries by the insured from the sources known to the public adjuster;
(6)
The total compensation received for the adjustment; and
(7)
An itemized statement of disbursements made by the license holder from recoveries received on behalf of the insured.
(b)
Records required to be kept under this Code section shall be:
(1)
Maintained in this state for at least five years after the termination of a transaction with the insured; and
(2)
Open to examination by the Commissioner.
Added by 2021 Ga. Laws 185,§ 4, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-43.6 - Funds held in fiduciary capacity; authorization for disclosure

(a)
All funds received as claim proceeds by an adjuster acting as a public adjuster are received and held by such adjuster in a fiduciary capacity. Such adjuster shall not divert or misappropriate fiduciary funds received or held.
(b)
An applicant for a license to act as a public adjuster shall, as part of the application, endorse an authorization for disclosure to the Commissioner of all financial records of any funds such adjuster holds and will hold as a fiduciary. The authorization continues in force and effect for as long as such adjuster continues to be licensed under this article.
Added by 2021 Ga. Laws 185,§ 4, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-43.7 - Advertisements; deceptive or misleading ads; required disclaimer

(a)
Each advertisement by an adjuster soliciting or advertising business shall display the adjuster's name and license number as they appear in the records of the Commissioner.
(b)
No advertisement soliciting or advertising business may be used by an adjuster unless such solicitation or advertisement has been approved by the Commissioner.
(c)
The following statements, made in any public adjuster's advertisement or solicitation, are considered deceptive or misleading:
(1)
A statement or representation that invites an insured to submit a claim when such insured does not have covered damage to such insured's property;
(2)
A statement or representation that invites an insured to submit a claim by offering monetary or other valuable inducement;
(3)
A statement or representation that invites an insured to submit a claim by stating that there is "no risk" to the insured by submitting such claim; and
(4)
A statement or representation, or use of a logo or shield, that implies or could mistakenly be construed to imply that the solicitation was issued or distributed by a governmental agency or is sanctioned or endorsed by a governmental agency.
(d)
For purposes of this subsection, the term "written advertisement" includes only newspapers, magazines, flyers, and bulk mailers. The following disclaimer, which is not required to be printed on standard size business cards, shall be added in bold print and capital letters in typeface no smaller than the typeface of the body of the text to all written advertisements of a public adjuster:
"THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD A CLAIM FOR AN INSURED PROPERTY LOSS OR DAMAGE AND YOU ARE SATISFIED WITH THE PAYMENT BY YOUR INSURER, YOU MAY DISREGARD THIS ADVERTISEMENT".
Added by 2021 Ga. Laws 185,§ 4, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-43.9 - Standard of conduct for public adjusters

(a)
A public adjuster is obligated, under his or her license, to serve with objectivity and complete loyalty to the interest of his or her client alone and to render to the insured such information, counsel, and service within the public adjuster's knowledge, understanding, and opinion that will best serve the insured's insurance claim needs and interest.
(b)
A public adjuster shall faithfully observe all of the terms and provisions of the public adjuster contract as prescribed in Code Section
33-23-43.2
.
Renumbered from §
33-23-43.2
and amended by 2021 Ga. Laws 185,§ 5, eff. 7/1/2021.
Added by 2014 Ga. Laws 504,§ 5, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-43.10 - Denial, suspension, or revocation of license; notice and hearing

(a)
The Commissioner may deny an application for a license or suspend or revoke a license issued to any public adjuster on the basis of:
(1)
A violation of this article or of any rule adopted by the Commissioner under this article;
(2)
A cause that constitutes grounds for denial of an original license;
(3)
Misrepresentation or fraud in obtaining a license;
(4)
The failure to pass a required license examination;
(5)
The misappropriation or conversion of money required to be held in a fiduciary capacity;
(6)
Material misrepresentation, with intent to deceive, of the terms of an insurance contract;
(7)
Engaging in a fraudulent transaction;
(8)
Demonstrating incompetence or untrustworthiness in the conduct of the license holder's affairs under the license, as determined by the Commissioner;
(9)
Conviction of a felony by a final judgment in a court of competent jurisdiction; or
(10)
Material misrepresentation, with intent to deceive, of the person's status as a public adjuster.
(b)
If the department proposes to refuse to issue an original license under this article or to suspend, revoke, or refuse to renew a license under this article, the rejected applicant or affected licensee is entitled to a notice and hearing in accordance with Chapter 2 of this title.
Added by 2021 Ga. Laws 185,§ 6, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-44 - Rules and regulations

(a)
The Commissioner may establish rules and regulations with respect to:
(1)
The classification of applicants according to the kinds of insurance to be effected by them if licensed;
(2)
The scope, type, and conduct of written examinations to be given pursuant to this chapter and the times and places within this state for holding the examinations;
(3)
Classification and scope of authority of any license authorized under this chapter; and
(4)
Any other purpose required or necessary for the implementation or enforcement of this chapter.
(b)
The Commissioner shall establish by rule or regulation a license for persons exempted under Code Section
33-23-18
that is distinct from other agent licenses.
Amended without change by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-46) › Section 33-23-45 - [Reserved] Limitation on applicability of article

Amended by 2019 Ga. Laws 140,§ 21, eff. 7/1/2019.
Amended by 2001 Ga. Laws 293, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 2 - LICENSING OF ADMINISTRATORS (§§ 33-23-100 — 33-23-105) › Section 33-23-102 - Bond and surety of applicant; liability insurance; remained licenses

(a)
Every applicant for an administrator's license shall file with the application and shall thereafter maintain in force a bond in favor of the Commissioner executed by a corporate surety insurer authorized to transact insurance in this state. The terms and type of the bond, including, but not limited to, total aggregate liability on the bond, shall be established by the rule or regulation of the Commissioner.
(b)
The bond shall remain in force until the surety is released from liability by the Commissioner or until the bond is canceled by the surety. Without prejudice to any liability accrued prior to cancellation, the surety may cancel the bond upon 30 days' advance notice, in writing, filed with the Commissioner.
(c)
Every applicant for an administrator's license shall obtain and shall thereafter maintain in force errors and omissions coverage or other appropriate liability insurance, written by an insurer authorized to transact insurance in this state, in an amount of at least $100,000.00.
(d)
The coverage required in subsection (c) of this Code section shall remain in force for a term of at least one year and shall contain language that includes that the insurer may cancel the insurance upon 60 days' advance notice filed with the Commissioner. Other terms and conditions relating to the errors and omissions policy may be imposed on the applicant as the Commissioner deems appropriate by rule or regulation.
(e)
In the event a licensed administrator fails to renew, surrenders, or otherwise terminates its license, it must retain both the bond and the errors and omissions coverage for a period of not less than one year after the licensee has failed to renew, surrendered, or otherwise terminated its license.
Amended by 2013 Ga. Laws 33,§ 33, eff. 4/24/2013.
Amended by 2005 Ga. Laws 108,§ 9, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 2 - LICENSING OF ADMINISTRATORS (§§ 33-23-100 — 33-23-105) › Section 33-23-103 - Examination of administrators by Commissioner

Administrators shall be subject to market conduct and financial examinations by the Commissioner. Any cost involved with the examinations shall be borne by the administrator.
Amended by 2005 Ga. Laws 108,§ 10, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 2 - LICENSING OF ADMINISTRATORS (§§ 33-23-100 — 33-23-105) › Section 33-23-104 - Establishing requirements and procedures affecting administrators

Requirements and procedures for written agreements, payments to administrators, maintenance of information, approval of advertising, underwriting provisions, premium collection, payment of claims, claim adjustment or settlement, notifications, and other matters involving administrators may be established by rule or regulation of the Commissioner.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 2 - LICENSING OF ADMINISTRATORS (§§ 33-23-100 — 33-23-105) › Section 33-23-105 - Rules and regulations for implementation of article

The Commissioner may promulgate rules and regulations which are necessary to implement the provisions of this article and to ensure the safe and proper operation of administrators of this state.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 3 - PATIENT PROTECTION AND AFFORDABLE CARE ACT NAVIGATORS (§§ 33-23-200 — 33-23-205) › Section 33-23-200 - [See Note] Legislative findings; licensing of health insurance navigators

The General Assembly finds that the provisions of the federal Patient Protection and Affordable Care Act may cause the formation of health insurance exchanges operating in Georgia under federal law and employing navigators or navigator entities whose role will be to direct individuals and companies to health insurance policies. The General Assembly further finds that licensing and regulation of such navigators or navigator entities to ensure that they are trained and knowledgeable in the subject matter of individual and group health insurance plans and insurance coverage is necessary to avoid substantial risk to the health, safety, and welfare of the residents of this state.
Added by 2013 Ga. Laws 253,§ 1, eff. 7/1/2013, applicable only upon the notification by the federal Department of Health and Human Services or other responsible federal agency or official to the Governor, the Commissioner of Insurance, or other responsible agency or official of the State of Georgia that a health insurance exchange has been created or approved to operate within the State of Georgia pursuant to the provisions of the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any amendments thereto, or regulations or guidance issued under those acts, or upon the initiation of operation of any such exchange within the State of Georgia..
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 3 - PATIENT PROTECTION AND AFFORDABLE CARE ACT NAVIGATORS (§§ 33-23-200 — 33-23-205) › Section 33-23-201 - [See Note] Definitions

As used in this article, the term:
(1)
"Exchange" means a state, federal, or partnership exchange or marketplace operating in Georgia pursuant to Section 1311 of the federal act.
(2)
"Federal act" means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and regulations or guidance issued under those acts.
(3)
"Navigator" means an individual, including assistors, application counselors, or other persons, authorized pursuant to the federal act to provide insurance advice and guidance to uninsured individuals and groups seeking health insurance coverage. For the purposes of this article, if an organization or business entity serves as a navigator, an individual performing navigator duties for that organization or business entity shall be considered to be acting in the capacity of a navigator.
(4)
"Patient navigator" means an individual who offers assistance to patients, families, and caregivers to help overcome health care system barriers and to facilitate timely access to quality medical and psychosocial care as defined by the health care community he or she serves.
Added by 2013 Ga. Laws 253,§ 1, eff. 7/1/2013, applicable only upon the notification by the federal Department of Health and Human Services or other responsible federal agency or official to the Governor, the Commissioner of Insurance, or other responsible agency or official of the State of Georgia that a health insurance exchange has been created or approved to operate within the State of Georgia pursuant to the provisions of the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any amendments thereto, or regulations or guidance issued under those acts, or upon the initiation of operation of any such exchange within the State of Georgia..
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 3 - PATIENT PROTECTION AND AFFORDABLE CARE ACT NAVIGATORS (§§ 33-23-200 — 33-23-205) › Section 33-23-202 - [See Note] Licensing and requirements therefor

(a)
No navigator shall provide advice, guidance, or other assistance with regard to health benefit plans as a navigator under the provisions of the federal act unless licensed in accordance with this article.
(b)
The Commissioner shall not issue a license to any applicant who does not meet or conform to the following qualifications or requirements:
(1)
The applicant shall establish to the satisfaction of the Commissioner that he or she has the background, experience, knowledge, and competency in the subject matter that will enable him or her to deliver accurate information and advice to individuals and groups in this state seeking to obtain health insurance coverage under the provisions of the federal act;
(2)
The applicant shall have successfully completed not less than 35 hours of instruction in health benefit insurance, the exchange provisions of the federal act, the medical assistance program provided for by Article 7 of Chapter 4 of Title 49, and the PeachCare for Kids Program provided for by Article 13 of Chapter 5 of Title 49 satisfactory to the Commissioner through a training program approved by the Commissioner;
(3)
The applicant shall pass such examination as shall be required by the Commissioner unless such applicant is exempted by the Commissioner based on the applicant's experience and qualifications and pursuant to regulations adopted by the Commissioner;
(4)
An applicant shall be not less than 18 years of age and of good moral character and must submit in a form approved by the Commissioner such information, including without limitation criminal history and regulatory background information, as the Commissioner may require; and
(5)
An applicant for a renewal license shall have completed continuing education classes approved by the Commissioner.
Added by 2013 Ga. Laws 253,§ 1, eff. 7/1/2013, applicable only upon the notification by the federal Department of Health and Human Services or other responsible federal agency or official to the Governor, the Commissioner of Insurance, or other responsible agency or official of the State of Georgia that a health insurance exchange has been created or approved to operate within the State of Georgia pursuant to the provisions of the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any amendments thereto, or regulations or guidance issued under those acts, or upon the initiation of operation of any such exchange within the State of Georgia..
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 3 - PATIENT PROTECTION AND AFFORDABLE CARE ACT NAVIGATORS (§§ 33-23-200 — 33-23-205) › Section 33-23-204 - [See Note] Adoption of rules and regulations

The Commissioner shall be authorized to adopt rules and regulations to effect the implementation of this article.
Added by 2013 Ga. Laws 253,§ 1, eff. 7/1/2013, applicable only upon the notification by the federal Department of Health and Human Services or other responsible federal agency or official to the Governor, the Commissioner of Insurance, or other responsible agency or official of the State of Georgia that a health insurance exchange has been created or approved to operate within the State of Georgia pursuant to the provisions of the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any amendments thereto, or regulations or guidance issued under those acts, or upon the initiation of operation of any such exchange within the State of Georgia..
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS (§§ 33-23-1 — 33-23-205) › Article 3 - PATIENT PROTECTION AND AFFORDABLE CARE ACT NAVIGATORS (§§ 33-23-200 — 33-23-205) › Section 33-23-205 - [See Note] Applicability

The provisions of this article shall not apply to patient navigators as defined in paragraph (4) of Code Section
33-23-201
.
Added by 2013 Ga. Laws 253,§ 1, eff. 7/1/2013, applicable only upon the notification by the federal Department of Health and Human Services or other responsible federal agency or official to the Governor, the Commissioner of Insurance, or other responsible agency or official of the State of Georgia that a health insurance exchange has been created or approved to operate within the State of Georgia pursuant to the provisions of the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and any amendments thereto, or regulations or guidance issued under those acts, or upon the initiation of operation of any such exchange within the State of Georgia..
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 33-24-1 - Definitions

As used in this chapter, the term:
(1)
"Policy" means the written contract of or written agreement for or effecting insurance. The term includes all clauses, riders, endorsements, and papers attached or issued and delivered for attachment to the contract or agreement and made a part of the contract or agreement.
(2)
"Premium" means the consideration for insurance, by whatever name called. Any assessment or any membership, policy, survey, inspection, service, or similar fee or charge in consideration for an insurance contract is deemed part of the premium. The term "premium" shall not include any amount deposited and held for the account of the insured which is returnable upon cancellation of the insurance contract and upon which no commission has been paid.
(3)
"Uniform Electronic Transactions Act" means Chapter 12 of Title 10.
Amended by 2014 Ga. Laws 659,§ 3, eff. 7/1/2014.
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 33-24-2 - Applicability of chapter

This chapter applies to all insurance policies and to annuities and pure endowment contracts as defined in Code Section
33-28-1
except:
(1)
Reinsurance;
(2)
Policies or contracts not issued for delivery in this state or delivered in this state, except as provided in subsection (e) of Code Section
33-24-9
;
(3)
Ocean marine and foreign trade insurances; and
(4)
Title insurance, except as to the following provisions:
(A)
Code Section
33-24-5
;
(B)
Code Section
33-24-9
;
(C)
Code Section
33-24-10
;
(D)
Code Section
33-24-13
;
(E)
Code Section
33-24-16
; and
(F)
Code Section
33-24-19
.
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 33-24-4 - Insurable interest; property insurance

(a)
As used in this Code section, the term "insurable interest" means any actual, lawful, and substantial economic interest in the safety or preservation of the subject of the insurance free from loss, destruction, or pecuniary damage or impairment.
(b)
No insurance contract on property or of any interest therein or arising therefrom shall be enforceable except for the benefit of persons having, at the time of the loss, an insurable interest in the things insured.
Amended by 2020 Ga. Laws 521,§ 33, eff. 7/29/2020.
Amended by 2019 Ga. Laws 140,§ 24, 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 1 - GENERAL PROVISIONS (§§ 33-24-1 — 33-24-59.33) › Section 33-24-5 - Persons having capacity to contract for insurance; purchase of insurance by or for minors; rescission, avoidance, or repudiation of contracts by minors

(a)
Any person of competent legal capacity may contract for insurance.
(b)
A minor not less than 15 years of age as determined at his nearest birthday may, notwithstanding his minority, contract for annuities, endowments, life insurance, and accident and sickness insurance on his own life or body or the life or body of any person in whom he has an insurable interest. A minor shall, notwithstanding his minority, be deemed competent to exercise all rights and powers with respect to or under any contract or policy for annuities, endowments, life insurance, and accident and sickness insurance on his own life or body or on the person of another as though of full legal age, and may surrender his interest in the annuities, endowments, life insurance, and accident and sickness insurance and give a valid discharge for any benefit accruing or money payable under the contract or policy. The minor shall not, by reason of his minority, be entitled to rescind, avoid, or repudiate the contract or to rescind, avoid, or repudiate any exercise of a right or privilege under the contract, except that the minor, not otherwise emancipated, shall not be bound by any unperformed agreement to pay, by promissory note or otherwise, any consideration or premium on any such contract or policy. Any contract or policy for annuities, endowments, life insurance, and accident and sickness insurance procured by or for a minor under this subsection shall be made payable either to the minor or his estate or to a person having an insurable interest in the life of such minor.
(c)
A minor not less than 15 years of age as determined at his nearest birthday may, notwithstanding such minority, contract for insurance on other subjects of insurance in which he has an insurable interest. A minor shall be bound by any settlement made in connection with any insurance contract so issued. The minor shall not, by reason of his minority, be entitled to rescind, avoid, or repudiate the contract or to rescind, avoid, or repudiate any exercise of a right or privilege under the contract, except that a minor, not otherwise emancipated, shall not be bound by any unperformed agreement to pay, by promissory note or otherwise, any premium on any insurance contract.
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 33-24-6.1 - Prerequisites for replacement life insurance exceeding insurance being surrendered

Notwithstanding the provisions of subsection (d) of Code Section
33-24-3
, subsection (d) of Code Section
33-24-6
, or paragraph (11) of Code Section
33-27-3
which relate to the replacement of existing life insurance, any new life insurance may exceed the insurance being surrendered:
(1)
When an entity has a proper interest pursuant to subsection (d) or (e) of Code Section
33-24-3
and the authority to effectuate life insurance pursuant to the provisions of paragraph (4), (5), or (6) of subsection (a) of Code Section
33-24-6
; and
(2)
(A)
To the extent application of the cash surrender value from the old insurance as a premium under the new life insurance contract requires a larger amount of insurance to qualify as life insurance or to be not treated as a modified endowment contract for federal income tax purposes;
(B)
To otherwise comply with applicable federal law; or
(C)
When, upon cessation of premium payments, a former employee or trustee elects under the policy to use the cash value available under the policy to restructure the term, face amount, or investment options under the policy, even though such restructuring may result in an increase in the amount of the insurance.
Amended by 2006 Ga. Laws 834,§ 2, eff. 7/1/2006.
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 33-24-7 - Statements and descriptions in applications or in negotiations deemed representations and not warranties; effect of misrepresentations upon recovery under policies

(a)
All statements and descriptions in any application for an insurance policy or annuity contract or in negotiations for such, by or in behalf of the insured or annuitant, shall be deemed to be representations and not warranties.
(b)
Misrepresentations, omissions, concealment of facts, and incorrect statements shall not prevent a recovery under the policy or contract unless:
(1)
Fraudulent;
(2)
Material either to the acceptance of the risk or to the hazard assumed by the insurer; or
(3)
The insurer in good faith would either not have issued the policy or contract or would not have issued a policy or contract in as large an amount or at the premium rate as applied for or would not have provided coverage with respect to the hazard resulting in the loss if the true facts had been known to the insurer as required either by the application for the policy or contract or otherwise.
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 33-24-8 - Admissibility in evidence of applications in actions between insurer and insured

As to kinds of insurance other than life insurance, no application for insurance signed by or on behalf of the insured shall be admissible in evidence in any action between the insured and the insurer arising out of the policy applied for if the insurer, at expiration of 30 days after receipt by the insurer of written demand by or on behalf of the insured for a copy of the application, has failed to furnish to the insured a copy of the application reproduced by any legible means.
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 33-24-9 - Approval or disapproval of forms

(a)
No basic insurance policy or annuity contract form or application form where written application is required and is to be made a part of the policy or contract or printed rider or endorsement form or form of renewal certificate shall be delivered or issued for delivery in this state unless the form has been filed with and approved by the Commissioner. This subsection shall not apply to surety bonds or to specially rated inland marine risks nor to policies, riders, endorsements, or forms of unique character designed for and used with relation to insurance upon a particular subject or which related to the manner of distribution of benefits or to the reservation of rights and benefits under life or accident and sickness insurance policies and are used at the request of the individual policyholder, contract holder, or certificate holder.
(b)
Every filing shall be made not less than 90 days in advance of any delivery. At the expiration of 90 days the form filed shall be deemed approved unless prior thereto it has been approved or disapproved by the Commissioner. Approval of any form by the Commissioner shall constitute a waiver of any unexpired portion of the waiting period. The Commissioner may extend by not more than an additional 90 days the period within which he may approve or disapprove any form by giving notice of the extension before expiration of the initial 90 day period. At the expiration of the period as so extended and in the absence of prior approval or disapproval, any form shall be deemed approved. The Commissioner may at any time, after notice and for cause shown, withdraw any approval after notice and hearing as provided in Code Sections
33-2-17
through
33-2-23
and
33-2-26
through
33-2-28
.
(c)
Any order of the Commissioner disapproving any form or withdrawing a previous approval shall state in reasonable detail the grounds for that action.
(d)
The Commissioner may by order, in exceptional cases, exempt from the requirements of this Code section for so long as he deems proper any insurance document or form or type of insurance document or form as specified in the order to which, in his discretion, this Code section may not practicably be applied or the filing and approval of which are, in his discretion, not desirable or necessary for the protection of the public.
(e)
This Code section shall apply also to any form used by domestic insurers for delivery in a jurisdiction outside this state, if the insurance supervisory official of that jurisdiction informs the Commissioner that the form is not subject to approval or disapproval by the official and upon the Commissioner's order requiring the form to be submitted to him for approval or disapproval. The standards applicable to forms for domestic use shall apply to such forms.
(f)
Each filing made pursuant to this Code section shall be accompanied by a fee or fees as provided in Code Section
33-8-1
.
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 33-24-10 - Grounds for disapproval of forms

The Commissioner shall disapprove any form filed under Code Section
33-24-9
or withdraw any previous approval of such form only:
(1)
If it is in any respect in violation of or does not comply with this title;
(2)
If it contains or incorporates by reference any inconsistent, ambiguous, or misleading clauses or exceptions and conditions which deceptively affect the risk purported to be assumed in the general coverage of the contract;
(3)
If it has any title, heading, or other indication of its provisions which is misleading;
(4)
If it is printed or otherwise reproduced in such manner as to render any provision of the form substantially illegible or not easily legible to persons of normal vision;
(5)
If it contains provisions which are unfair or inequitable or contrary to the public policy of this state or would, because the provisions are unclear or deceptively worded, encourage misrepresentation; or
(6)
If the benefits provided in any medicare supplement insurance policy described in Code Section
33-24-29
are unreasonable in relation to the premium charged.
Amended by 2019 Ga. Laws 140,§ 26, 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 1 - GENERAL PROVISIONS (§§ 33-24-1 — 33-24-59.33) › Section 33-24-10.1 - Standard or uniform claim form

The Commissioner is authorized to establish by rule or regulation a standard or uniform claim form to be supplied by insurers to their insureds for the purpose of filing claims under policies or contracts of accident and sickness insurance. The Commissioner shall file and maintain on file in the office of the Commissioner a true copy of the standard or uniform claim form designated as such and bearing the Commissioner's authenticating signature and the date of filing.
Amended by 2019 Ga. Laws 140,§ 27, 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 1 - GENERAL PROVISIONS (§§ 33-24-1 — 33-24-59.33) › Section 33-24-11 - Waiver by Commissioner of use of standard or uniform provisions in policies or contracts; approval of use of substitute provisions

(a)
The Commissioner may waive the required use of a particular provision in a particular insurance policy form or annuity or endowment contract form if the Commissioner finds such provision unnecessary for the protection of the insured or inconsistent with the purposes of the policy and if the policy is otherwise approved by the Commissioner.
(b)
Unless otherwise provided in this title, no policy shall contain any provision inconsistent with or contradictory to any standard provision used or required to be used, but the Commissioner may approve any substitute provision which is not less favorable in any particular to the insured or beneficiary than the standard provisions or optional standard provisions otherwise required.
(c)
In lieu of the standard provisions required by this title for contracts for particular kinds of insurance, substantially similar standard provisions required by the law of the domicile of a foreign or alien insurer may be used when approved by the Commissioner.
Amended by 2019 Ga. Laws 140,§ 28, 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 1 - GENERAL PROVISIONS (§§ 33-24-1 — 33-24-59.33) › Section 33-24-12 - Noncomplying conditions or provisions; cancellation of contracts covering uninsurable subjects

(a)
Any insurance policy, rider, or endorsement issued and otherwise valid which contains any condition or provision not in compliance with the requirements of this title shall not be rendered invalid due to the noncomplying condition or provision but shall be construed and applied in accordance with such conditions and provisions as would have applied had the policy, rider, or endorsement been in full compliance with this title.
(b)
Any insurance contract delivered or issued for delivery in this state covering a subject or subjects of insurance resident, located or to be performed in this state and which, pursuant to this title, the insurer may not lawfully insure under the contract shall be cancelable at any time by the insurer, any provisions of the contract to the contrary notwithstanding; and the insurer shall promptly cancel the contract in accordance with the Commissioner's request for cancellation. No illegality or cancellation shall be deemed to relieve the insurer of any liability incurred by it under the contract while in force or to prohibit the insurer from retaining the pro rata earned premium on the contract. This Code section shall not relieve the insurer from any penalty otherwise incurred by the insurer under this title on account of any violation.
Amended by 2019 Ga. Laws 140,§ 29, eff. 7/1/2019.
Amended by 2005 Ga. Laws 19,§ 33, eff. 4/7/2005.
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 33-24-13 - Execution of policies; use of facsimile signatures

Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney in fact, employee, or representative duly authorized by the insurer. A facsimile signature of any executing individual may be used in lieu of an original signature.
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 33-24-14.1 - Electronic delivery of plan documentation

(a)
As used in this Code section, the term:
(1)
'Health benefit plan' means a policy, contract, certificate, or agreement entered into, offered by, or issued by an insurer to provide, deliver, arrange for, pay for, or reimburse any of the costs of healthcare services, including a vision or dental benefit plan.
(2)
'Plan sponsor' means a person, other than a regulated entity, who establishes, adopts, or maintains a health benefit plan that covers residents of this state, including a plan established, adopted, or maintained by an employer or jointly by an employer and one or more employee organizations, an association, a committee, a joint board of trustees, or any similar group of representatives who establish, adopt, or maintain a plan.
(b)
The plan sponsor of a health benefit plan may, on behalf of a covered person, consent to the delivery of the plan by electronic transmittal or electronic posting, to the delivery of all communications related to the plan by electronic means , and to the electronic delivery of any health insurance identification card required by Code Section
33-24-57.1
.
(c)
Before consenting on behalf of a covered person, a plan sponsor shall confirm that the covered person routinely uses electronic communications during the normal course of employment.
(c.1)
Before providing delivery of a health benefit plan by electronic transmittal or electronic posting, the insurer for the plan shall:
(1)
Provide the covered person an opportunity to opt out of the electronic transmittal or electronic posting of the plan; and
(2)
Document that the remaining conditions under subparagraphs (a)(2)(B) through (a)(2)(E) of Code Section
33-24-14
are satisfied.
(d)
Before providing delivery of communications related to the plan or a health insurance identification card by electronic means, the insurer for the health benefit plan shall:
(1)
Provide the covered person an opportunity to opt out of delivery by electronic means; and
(2)
Document that the remaining conditions under paragraphs (4) through (9) of subsection (d) of Code Section
33-24-14
are satisfied.
Amended by 2024 Ga. Laws 398,§ 4, eff. 7/1/2024, app. to all policies, certificates, or contracts issued, delivered, issued for delivery, or renewed in this state on or after 7/1/2024.
Added by 2022 Ga. Laws 773,§ 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 1 - GENERAL PROVISIONS (§§ 33-24-1 — 33-24-59.33) › Section 33-24-15 - When policies or contracts become effective

A policy of insurance or an annuity or endowment contract shall run from midday of the date of the policy or contract; and the time shall be calculated accordingly if the policy or contract is to be in force for a specified period of time unless the hour and minute of attachment of liability is specified.
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 33-24-16 - Construction of policies

Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any rider, endorsement, or application made a part of the policy.