reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 3 - UNAUTHORIZED INSURERS PROCESS ACT (§§ 33-5-50 — 33-5-59) › Section 33-5-50 - Short title; construction

(a)
This article constitutes and may be cited as the "Unauthorized Insurers Process Act."
(b)
This article shall be so interpreted as to effectuate its general purpose to make uniform the law of those states which enact it.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 3 - UNAUTHORIZED INSURERS PROCESS ACT (§§ 33-5-50 — 33-5-59) › Section 33-5-51 - Purpose of article

The purpose of this article is to subject certain insurers to the jurisdiction of the courts of this state in actions by or on behalf of insureds or beneficiaries under insurance contracts. The General Assembly declares that it is a subject of concern that many residents of this state hold policies of insurance issued or delivered in this state by insurers while not authorized to do business in this state, thus presenting to such residents the often insuperable obstacle of resorting to distant forums for the purpose of asserting legal rights under those policies. In furtherance of the state interest, the General Assembly herein provides a method of substituted service of process upon the insurers and declares that in so doing it exercises its power to protect its residents and to define, for the purpose of this article, what constitutes doing business in this state and also exercises power and privileges available to the state by virtue of Public Law 15, 79th Congress of the United States, Chapter 20, 1st Sess., S. 340, which declares that the business of insurance and every person engaged in the business of insurance shall be subject to the laws of the several states.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 3 - UNAUTHORIZED INSURERS PROCESS ACT (§§ 33-5-50 — 33-5-59) › Section 33-5-52 - Acts by insurer which constitute appointment of Commissioner as agent for service

Any of the following acts in this state effected, by mail or otherwise, by an unauthorized foreign or alien insurer:
(1)
The issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business in this state;
(2)
The solicitation of applications for said contracts;
(3)
The collection of premiums, membership fees, assessments, or other considerations for the contracts; or
(4)
Any other transaction of business
is equivalent to and shall constitute an appointment by the insurer of the Commissioner and his successors in office as its attorney upon whom may be served all lawful process in any action or proceeding instituted by or on behalf of an insured or beneficiary arising out of the contracts of insurance; and any such act shall be a signification of this agreement that the service of process is of the same legal force and validity as personal service of process in this state upon the insurer.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 3 - UNAUTHORIZED INSURERS PROCESS ACT (§§ 33-5-50 — 33-5-59) › Section 33-5-53 - Service of action and process upon Commissioner; sending of notice of service to defendant; applicability

(a)
Service shall be made by delivery to and leaving with the Commissioner or some person in apparent charge of his office two copies of the action and process.
(b)
At the time of such service, the plaintiff shall pay the Commissioner the sum of $15.00, which shall be taxable as cost. The Commissioner shall immediately mail by registered or certified mail or statutory overnight delivery one of the copies of such action and process to the defendant at his last known principal place of business and shall keep a record of all process so served upon him. Such service is sufficient, provided that notice of the service and a copy of the action and process are sent within 15 days thereafter by registered or certified mail or statutory overnight delivery by plaintiff or plaintiff's attorney to the defendant at his last known principal place of business; and the defendant's receipt, or receipt issued by the post office with which the letter is registered or certified, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed and the affidavit of the plaintiff or plaintiff's attorney showing a compliance with service as provided in this Code section are filed with the clerk of the court in which such action is pending on or before the date the defendant is required to appear or within such further time as the court may allow.
(c)
Service upon the Commissioner pursuant to this Code section shall only be made when service pursuant to the manner provided in Code Section
33-5-54
cannot be effectuated.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 3 - UNAUTHORIZED INSURERS PROCESS ACT (§§ 33-5-50 — 33-5-59) › Section 33-5-54 - Service of process upon solicitor, collector, or other agent of insurer

Service of process in any action or proceeding shall be valid if served upon any person within this state who, in this state on behalf of the insurer, is:
(1)
Soliciting insurance;
(2)
Making, issuing, or delivering any contract of insurance; or
(3)
Collecting or receiving any premium, membership fee, assessment, or other consideration for insurance
and a copy of the process is sent within ten days thereafter by registered or certified mail or statutory overnight delivery by the plaintiff or plaintiff's attorney to the defendant at the last known principal place of business of the defendant; and the defendant's receipt, or the receipt issued by the post office with which the letter is registered or certified, showing the name of the sender of the letter and the name and address of the person to whom the letter is addressed and the affidavit of the plaintiff or plaintiff's attorney showing a compliance with the requirements of this Code section are filed with the clerk of the court in which the action is pending on or before the date the defendant is required to appear or within such further time as the court may allow.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 3 - UNAUTHORIZED INSURERS PROCESS ACT (§§ 33-5-50 — 33-5-59) › Section 33-5-55 - Mode of service prescribed by article cumulative

Nothing in this article shall limit or abridge the right to serve any process, notice, or demand upon any insurer in any other manner now or hereafter permitted by law.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 3 - UNAUTHORIZED INSURERS PROCESS ACT (§§ 33-5-50 — 33-5-59) › Section 33-5-56 - Right of plaintiff or complainant to default judgment or judgment with leave to prove damages

No plaintiff or complainant shall be entitled to a judgment by default or to a judgment with leave to prove damages under this Code section until the expiration of 30 days from date of the filing of the affidavit of compliance.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 3 - UNAUTHORIZED INSURERS PROCESS ACT (§§ 33-5-50 — 33-5-59) › Section 33-5-57 - Conditions precedent to filing of pleadings by insurer generally; granting of postponements; filing by insurer of motion to quash writ or set aside service

(a)
Before any unauthorized insurer shall file or cause to be filed any pleadings in any action or proceeding instituted against it, such unauthorized insurer shall either:
(1)
Deposit with the clerk of the court in which such action or proceeding is pending cash or securities or file with the clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in the action; provided, however, the court may in its discretion make an order dispensing with the deposit or bond where the insurer makes a showing satisfactory to the court that it maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in the action or proceeding; or
(2)
Procure a certificate of authority to transact the business of insurance in this state.
(b)
The court in any action or proceeding in which service is made in the manner provided in Code Section
33-5-53
or
33-5-54
, in its discretion, may order any postponement as may be necessary to afford the defendant reasonable opportunity to comply with subsection (a) of this Code section and to defend the action.
(c)
Nothing in subsection (a) of this Code section is to be construed to prevent an unauthorized insurer from filing a motion to quash a writ or to set aside service of such writ made in the manner provided in Code Section
33-5-53
or
33-5-54
on one or more of the following grounds:
(1)
That such unauthorized insurer has not done any of the acts enumerated in Code Section
33-5-52
;
(2)
That the person on whom service was made pursuant to Code Section
33-5-54
was not doing any of the acts therein enumerated; or
(3)
That it is otherwise not properly subject to the jurisdiction of court pursuant to this article.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 3 - UNAUTHORIZED INSURERS PROCESS ACT (§§ 33-5-50 — 33-5-59) › Section 33-5-58 - Recovery of penalty and attorney's fees by plaintiff; effect of failure of insurer to defend action

In any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this state or to a resident of this state or to a corporation authorized to do business in this state, if the insurer has failed for 30 days after demand prior to the commencement of the action to make payment in accordance with the terms of the contract, and it appears that such refusal was vexatious and without reasonable cause, the said insurer shall be subject to a penalty of not more than 25 percent of the liability of the insurer for the loss and an allowance for reasonable attorney's fees. The attorney's fees shall be determined by the trial court and shall be included in any judgment which is rendered in the action. Failure of an insurer to defend the action shall be deemed prima-facie evidence that its failure to make payment was vexatious and without reasonable cause. The limitations contained in this Code section in reference to the amount of attorney's fees are not controlling as to the fees which may be agreed upon by the plaintiff and his attorney for the services of the attorney in the action against the unauthorized insurer.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 3 - UNAUTHORIZED INSURERS PROCESS ACT (§§ 33-5-50 — 33-5-59) › Section 33-5-59 - Applicability of article

This article shall not apply to any action or proceeding against any unauthorized insurer arising out of any contract of:
(1)
Reinsurance effectuated in accordance with the laws of Georgia;
(2)
Surplus line insurance authorized by this chapter;
(3)
Insurance on property or operations of carriers engaged in interstate commerce;
(4)
Insurance against legal liability arising out of the ownership, operation, or maintenance of any property having a permanent situs outside of this state; or
(5)
Insurance against loss of or damage to any property having a permanent situs outside of this state where the contract contains a provision designating the Commissioner or a bona fide resident of the State of Georgia to be its true and lawful attorney upon whom may be served all lawful process in any action or proceeding instituted by or on behalf of an insured or beneficiary arising out of the contract or where the insurer enters a general appearance in any such action or proceeding.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 6 - UNFAIR TRADE PRACTICES (§§ 33-6-1 — 33-6-37) › Article 1 - GENERAL PROVISIONS (§§ 33-6-1 — 33-6-14) › Section 33-6-1 - Purpose of article

The purpose of this article is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the act of Congress of March 9, 1945 (Public Law 15, 79th Congress), by defining or providing for the determination of all practices in this state which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 6 - UNFAIR TRADE PRACTICES (§§ 33-6-1 — 33-6-37) › Article 1 - GENERAL PROVISIONS (§§ 33-6-1 — 33-6-14) › Section 33-6-2 - "Person" defined

As used in this article, the term "person" means an individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd's insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance, including but not limited to agents, brokers, counselors, and adjusters.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 6 - UNFAIR TRADE PRACTICES (§§ 33-6-1 — 33-6-37) › Article 1 - GENERAL PROVISIONS (§§ 33-6-1 — 33-6-14) › Section 33-6-3 - Unfair methods of competition or unfair and deceptive acts or practices prohibited

No person shall engage in this state in any trade practice which is defined in this article as or determined pursuant to this article to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 6 - UNFAIR TRADE PRACTICES (§§ 33-6-1 — 33-6-37) › Article 1 - GENERAL PROVISIONS (§§ 33-6-1 — 33-6-14) › Section 33-6-6 - Power of Commissioner as to investigation of unfair or deceptive acts or practices generally

(a)
The Commissioner shall have the power to examine and investigate into the affairs of every person engaged in the business of insurance in this state in order to determine whether the person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by this chapter.
(b)
In addition to any other authority granted to the Commissioner by this title and in addition to those reports required by Code Section
33-3-21
, the Commissioner may require persons engaged in the business of insurance in this state to file reports by postal ZIP Code, where appropriate, or in any other format to enable the Commissioner to determine readily if such person has been or is engaged in any unfair method of competition or in any unfair or deceptive act or practice prohibited by this article.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 6 - UNFAIR TRADE PRACTICES (§§ 33-6-1 — 33-6-37) › Article 1 - GENERAL PROVISIONS (§§ 33-6-1 — 33-6-14) › Section 33-6-8 - [Applicable to petitions for review filed in superior or state court on or after such date] Issuance of cease and desist orders; issuance of orders providing for other relief; change in orders; date on which orders appealable

(a)
If, after the hearing provided for in Code Section
33-6-7
, the Commissioner shall determine that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice, he shall reduce his findings to writing and shall issue and cause to be served upon the person charged with the violation a copy of the findings and an order requiring such person to cease and desist from engaging in the method of competition, act, or practice; and, if the act or practice is a violation of Code Sections
33-6-4
and
33-6-5
, the Commissioner may at his discretion order any one or more of the following:
(1)
Payment of a monetary penalty of not more than $1,000.00 for each and every act or violation, unless the person knew or reasonably should have known he was in violation of this article, in which case the penalty shall be not more than $5,000.00 for each and every act or violation;
(2)
Suspension or revocation of the person's license, if he knew or reasonably should have known he was in violation of this article; or
(3)
Any other relief as is reasonable and appropriate.
(b)
The Commissioner may, at any time before the serving of a copy of the petition for review filed in the Superior Court of Fulton County upon him or her, as provided for in Code Section
33-6-11
, or after the expiration of the time allowed by law for the serving of the petition for review, if no petition for review has been thus served, amend or set aside in whole or in part any order issued by the Commissioner under this Code section whenever in the Commissioner's opinion the facts and circumstances surrounding the case have so changed as to require the action or if the public interest shall so require. No change of an order in a manner unfavorable to the person charged or to the parties at interest shall be made except after notice and opportunity for hearing. The date of the Commissioner's last order shall be the point of time from which it may be reviewed by appeal.
Amended by 2022 Ga. Laws 875,§ 2-22, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 6 - UNFAIR TRADE PRACTICES (§§ 33-6-1 — 33-6-37) › Article 1 - GENERAL PROVISIONS (§§ 33-6-1 — 33-6-14) › Section 33-6-9 - Penalties for violations of cease and desist orders

After notice and hearing and upon order of the Commissioner, any person who violates a cease and desist order under Code Section
33-6-8
, while the order is in effect may, at the discretion of the Commissioner, be subject to any one or more of the following:
(1)
A monetary penalty of not more than $10,000.00 for each and every act or violation;
(2)
Suspension or revocation of such person's license; or
(3)
Any other relief as is reasonable and appropriate.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 6 - UNFAIR TRADE PRACTICES (§§ 33-6-1 — 33-6-37) › Article 1 - GENERAL PROVISIONS (§§ 33-6-1 — 33-6-14) › Section 33-6-10 - Orders of Commissioner and judicial review

(a)
Any order, decision, or the imposition of any penalty by the Commissioner shall be subject to review by petition for review as provided in Chapter 2 of this title. The Commissioner's finding upon questions of fact shall be final if sustained by substantial evidence.
(b)
To the extent that the order of the Commissioner is affirmed, the court shall thereupon issue its own order commanding obedience to the terms of the order of the Commissioner.
(c)
An order issued by the Commissioner under Code Section
33-6-8
shall become final:
(1)
Upon the expiration of the time allowed by law for the filing of a petition for review, if no petition has been filed within that time, except that the Commissioner may thereafter modify or set aside his order to the extent provided in subsection (b) of Code Section
33-6-8
; or
(2)
Upon the final decision of the court, if the court directs that the order of the Commissioner be affirmed or the appeal dismissed.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 6 - UNFAIR TRADE PRACTICES (§§ 33-6-1 — 33-6-37) › Article 1 - GENERAL PROVISIONS (§§ 33-6-1 — 33-6-14) › Section 33-6-11 - Intervenor appeal for judicial review

If the report of the Commissioner does not charge a violation of this article, any intervenor in the proceedings may cause a review of such decision by appeal to the Superior Court of Fulton County as provided for in Chapter 2 of this title. Upon that review, the court shall have authority to issue appropriate orders and decrees in connection with such review, including, if the court finds that it is in the public interest, orders enjoining and restraining the continuance of any method of competition, act, or practice which it finds constitutes a violation of this article notwithstanding the report of the Commissioner.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 6 - UNFAIR TRADE PRACTICES (§§ 33-6-1 — 33-6-37) › Article 1 - GENERAL PROVISIONS (§§ 33-6-1 — 33-6-14) › Section 33-6-12 - Promulgation of rules and regulations by Commissioner

The Commissioner after notice and hearing may promulgate reasonable rules and regulations as are necessary or proper to identify specific methods of competition or acts or practice which are prohibited by Code Sections
33-6-4
and
33-6-5
; but the rules and regulations shall not enlarge upon or extend the provisions of Code Sections
33-6-4
and
33-6-5
. The rules and regulations shall be subject to Code Section
33-2-9
.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 6 - UNFAIR TRADE PRACTICES (§§ 33-6-1 — 33-6-37) › Article 1 - GENERAL PROVISIONS (§§ 33-6-1 — 33-6-14) › Section 33-6-13 - Unlawful contracts, understandings, and combinations; powers of Commissioner as to enforcement of Code section

(a)
No person shall either within or outside of this state enter into any contract, understanding, or combination with any other person to do jointly or severally any act or engage in any practice for the purpose of or that has a tendency to or the effect of:
(1)
Controlling the rates to be charged for insuring any risk or any class of risks in this state;
(2)
Unfairly discriminating against any person in this state by reason of his plan or method of transacting insurance or by reason of his affiliation or nonaffiliation with any insurance organization; or
(3)
Establishing or perpetuating any condition in this state detrimental to free competition in the business of insurance or injurious to the insuring public.
(b)
This Code section shall not apply to ocean marine and foreign trade insurance.
(c)
This Code section shall not be deemed to prohibit the doings of things permitted to be done in accordance with Chapter 9 of this title.
(d)
Whenever the Commissioner has knowledge of any violation of this Code section, he shall immediately order the offending person to discontinue such practice immediately or to show cause to the satisfaction of the Commissioner why the order should not be complied with. If the offender is an insurer or a licensee under this title and fails to comply with such order within 30 days after receipt of such order, the Commissioner may immediately revoke the offender's certificate of authority or licenses.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 6 - UNFAIR TRADE PRACTICES (§§ 33-6-1 — 33-6-37) › Article 1 - GENERAL PROVISIONS (§§ 33-6-1 — 33-6-14) › Section 33-6-14 - Construction of article

(a)
The powers vested in the Commissioner by this article shall be in addition to any other powers to enforce any penalties, fines, or forfeitures authorized by law with respect to the methods, acts, and practices declared to be unfair or deceptive by this article.
(b)
Nothing contained in this article shall be construed as repealing or amending the power of the Commissioner to revoke the license of any insurer or agent of such insurer when he is commanded or authorized to do so by existing laws or on account of a violation of this article.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 6 - UNFAIR TRADE PRACTICES (§§ 33-6-1 — 33-6-37) › Article 2 - UNFAIR CLAIMS SETTLEMENT PRACTICES (§§ 33-6-30 — 33-6-37) › Section 33-6-30 - Short title

This article shall be known and may be cited as the "Unfair Claims Settlement Practices Act."
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 6 - UNFAIR TRADE PRACTICES (§§ 33-6-1 — 33-6-37) › Article 2 - UNFAIR CLAIMS SETTLEMENT PRACTICES (§§ 33-6-30 — 33-6-37) › Section 33-6-31 - Purpose

The purpose of this article is to set forth standards for the investigation and disposition of claims arising under policies or certificates of insurance issued to residents of Georgia. It is not intended to cover claims involving workers' compensation, fidelity, or surety insurance.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 6 - UNFAIR TRADE PRACTICES (§§ 33-6-1 — 33-6-37) › Article 2 - UNFAIR CLAIMS SETTLEMENT PRACTICES (§§ 33-6-30 — 33-6-37) › Section 33-6-32 - Definitions

As used in this article, the term:
(1)
"Insured" means the party named on a policy or certificate or as defined in the contract as the person with legal rights to the benefits provided by such policy or certificate.
(2)
"Person" means an individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd's insurer, fraternal benefit society, and any other legal entity engaged in the business of insurance, including but not limited to agents, brokers, counselors, and adjusters.
(3)
"Policy" or "certificate" means any contract of insurance; indemnity; medical, health, or hospital service; or annuity issued by an insurer. "Policy" or "certificate" shall not mean contracts for workers' compensation, fidelity, or surety insurance.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 6 - UNFAIR TRADE PRACTICES (§§ 33-6-1 — 33-6-37) › Article 2 - UNFAIR CLAIMS SETTLEMENT PRACTICES (§§ 33-6-30 — 33-6-37) › Section 33-6-33 - When claims settlement practice improper

It is an improper claims settlement practice for any domestic, foreign, or alien insurer transacting business in Georgia to commit any act provided in Code Section
33-6-34
if such act:
(1)
Is committed flagrantly and in conscious disregard of this title or any rule or regulation promulgated pursuant to this title; or
(2)
Has been committed with such frequency so as to indicate a general business practice to engage in such conduct.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 6 - UNFAIR TRADE PRACTICES (§§ 33-6-1 — 33-6-37) › Article 2 - UNFAIR CLAIMS SETTLEMENT PRACTICES (§§ 33-6-30 — 33-6-37) › Section 33-6-35 - Notice of hearing; hearing procedures; cease and desist orders; penalties; judicial review; intervenors

(a)
Whenever the Commissioner has reason to believe that any person has engaged or is engaging in this state in any unfair claims settlement practice and has reason to believe that a proceeding with respect to such unfair claims settlement practice would be in the public interest, the Commissioner shall serve upon such person a statement of the charges in that respect and a notice of hearing in the same manner as provided in Code Section
33-6-7
.
(b)
The provisions of Code Sections
33-6-7
through
33-6-11
, relating to hearings, cease and desist orders, penalties, judicial review, intervenors, and other matters in connection with violations of Article 1 of this chapter shall be applicable to violations of this article.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 6 - UNFAIR TRADE PRACTICES (§§ 33-6-1 — 33-6-37) › Article 2 - UNFAIR CLAIMS SETTLEMENT PRACTICES (§§ 33-6-30 — 33-6-37) › Section 33-6-36 - Rules and regulations

The Commissioner may, in accordance with the procedures set forth in Code Section
33-2-9
, promulgate rules and regulations necessary to implement and enforce the provisions of this article. If the Commissioner should find that extraordinary circumstances exist and that it would be in the best interests of the citizens of this state, the Commissioner may suspend temporarily the applicability of any rule or regulation promulgated pursuant to this article.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 6 - UNFAIR TRADE PRACTICES (§§ 33-6-1 — 33-6-37) › Article 2 - UNFAIR CLAIMS SETTLEMENT PRACTICES (§§ 33-6-30 — 33-6-37) › Section 33-6-37 - Private cause of action not created or implied

Nothing contained in this article shall be construed to create or imply a private cause of action for a violation of this article.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 7 - KINDS OF INSURANCE; LIMITS OF RISKS; REINSURANCE (§§ 33-7-1 — 33-7-15) › Section 33-7-1 - Definitions of insurance not deemed mutually exclusive

It is intended that certain coverages may come within the definitions of two or more kinds of insurance as set forth in this chapter, and the fact that the coverage is included within one definition shall not exclude the coverage as to any other kind of insurance within the definition of which the coverage likewise reasonably is includable.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 7 - KINDS OF INSURANCE; LIMITS OF RISKS; REINSURANCE (§§ 33-7-1 — 33-7-15) › Section 33-7-2 - Accident and sickness insurance

Accident and sickness insurance is insurance against bodily injury, disablement, or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness and every insurance appertaining thereto.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 7 - KINDS OF INSURANCE; LIMITS OF RISKS; REINSURANCE (§§ 33-7-1 — 33-7-15) › Section 33-7-4 - Life insurance

Life insurance is insurance on human lives and insurance appertaining to or connected with human lives. The transacting of life insurance includes the granting of endowment benefits, additional benefits in the event of death or dismemberment by accident or accidental means, additional benefits in the event of the disability of the insured, and optional modes of settlement of proceeds of life insurance. An insurer authorized to transact life insurance may also grant annuities.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 7 - KINDS OF INSURANCE; LIMITS OF RISKS; REINSURANCE (§§ 33-7-1 — 33-7-15) › Section 33-7-7 - Surety insurance

Surety insurance includes:
(1)
Fidelity insurance, which is insurance guaranteeing the fidelity of persons holding positions of public or private trust;
(2)
Insurance guaranteeing the performance of contracts other than insurance policies and guaranteeing and executing bonds, undertakings, and contracts of suretyship; and
(3)
Insurance indemnifying banks, bankers, brokers, or financial or moneyed corporations or associations against loss resulting from any cause of bills of exchange, notes, bonds, securities, evidences of debt, deeds, mortgages, warehouse receipts or other valuable papers, documents, money, precious metals and articles made from such metals, jewelry, watches, necklaces, bracelets, gems, precious and semiprecious stones, including any loss while the same are being transported in armored motor vehicles or by messenger but not including any other risks of transportation or navigation; also insurance against loss or damage to such an insured's premises or to his furnishings, fixtures, equipment, safes, and vaults in such an insured's premises caused by burglary, robbery, theft, vandalism, or malicious mischief or any attempt at burglary, robbery, theft, vandalism, or malicious mischief.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 7 - KINDS OF INSURANCE; LIMITS OF RISKS; REINSURANCE (§§ 33-7-1 — 33-7-15) › Section 33-7-8 - Title insurance

Title insurance is insurance of owners of real or personal property or others having an interest in such real or personal property, or liens or encumbrances on such real or personal property, against loss by encumbrance, defective titles, invalidity, adverse claim to title, or unmarketability of title by reason of encumbrance or defects not excepted in the insurance contract, which contract shall be written only upon evidence or opinion of title obtained and preserved by the insurer.
Amended by 2019 Ga. Laws 279,§ 1, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 7 - KINDS OF INSURANCE; LIMITS OF RISKS; REINSURANCE (§§ 33-7-1 — 33-7-15) › Section 33-7-8.1 - Closing protection letters; definitions; premiums regarding such letters; maintenance of adequate reserves; rules and regulations

(a)
As used in this Code section, the term:
(1)
"Closing protection letter" means insurance that indemnifies a buyer, lender, or seller in transactions where title to real estate is being conveyed solely against losses not to exceed the amount of the settlement funds only because of the following acts of the person responsible for the disbursement of settlement funds:
(A)
Acts of fraud, theft, dishonesty, or negligence in handling settlement funds or documents in connection with a closing, but only to the extent that the acts affect status or priority of title in the real estate insured by the title insurance; and
(B)
Failure to comply with written closing instructions by a proposed insured when agreed to by the title agency or title agent relating to title insurance coverage, but only to the extent that the acts affect status or priority of title in real estate insured by the title insurance.
(2)
"Settlement funds" means the total funds paid by the buyer, lender, or seller as consideration for the conveyance of real estate.
(b)
A title insurer may issue closing protection letters only for real estate transactions where its title insurance policies are issued and where its issuing agent or agency is also responsible for the disbursement of settlement funds.
(c)
The premium charged by the title insurer for closing protection letters shall be filed with and approved by the Commissioner in accordance with Chapter 9 of this title and shall not be subject to any agreement requiring a division of the premium collected on behalf of the title insurer.
(d)
Companies issuing closing protection letters shall maintain adequate reserves for those closing protection letters pursuant to Chapter 10 of this title.
(e)
The Commissioner shall promulgate rules and regulations necessary to implement this Code section, which shall include, but shall not be limited to, prescribing standard closing protection letter policy forms.
Amended by 2019 Ga. Laws 139,§ 1-37, eff. 7/1/2019.
Added by 2012 Ga. Laws 734,§ 2, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 7 - KINDS OF INSURANCE; LIMITS OF RISKS; REINSURANCE (§§ 33-7-1 — 33-7-15) › Section 33-7-9 - Vehicle insurance

Vehicle insurance is insurance against loss of or damage to any land vehicle or aircraft, any draft or riding animal, or to property while contained therein or thereon or being loaded or unloaded therein or therefrom from any hazard or cause, and against any loss, liability, or expense resulting from or incident to ownership, maintenance, or use of any such vehicle, aircraft, or animal, together with insurance against accidental death or accidental injury to individuals, including the named insured, while in, entering, alighting from, adjusting, repairing, cranking, or caused by being struck by a vehicle, aircraft, or draft or riding animal, if such insurance is issued as a part of insurance on the vehicle, aircraft, or draft or riding animal; and provisions of medical, hospital, surgical, and disability benefits to injured persons, funeral and death benefits to dependents, beneficiaries or personal representatives of persons killed, irrespective of legal liability of the insured, when issued as an incidental coverage with or supplemental to liability insurance.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 7 - KINDS OF INSURANCE; LIMITS OF RISKS; REINSURANCE (§§ 33-7-1 — 33-7-15) › Section 33-7-10 - Persons deemed subject to laws regulating life insurance companies

Every person writing or issuing contracts of life insurance as described in Code Section
33-7-4
or as defined in Code Section
33-25-1
shall be deemed to be engaged in the business of life insurance and shall be subject to all of the provisions of the laws of Georgia regulating life insurance companies.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 7 - KINDS OF INSURANCE; LIMITS OF RISKS; REINSURANCE (§§ 33-7-1 — 33-7-15) › Section 33-7-11.1 - Commencement of liability of insurer to pay benefits to third party on behalf of insured; applicability of Code section

(a)
As used in this Code section, the term "liability insurance policy" means an automobile liability or motor vehicle liability insurance policy issued or delivered in this state to the owner of such vehicle or issued or delivered by any insurer licensed in this state upon any such motor vehicle then principally garaged or principally used in this state.
(b)
Any insurer, upon acceptance of liability, pursuant to any automobile liability or motor vehicle liability insurance policy, shall pay reasonable benefits for losses, including total losses, to a third party on behalf of an insured for loss of use and towing and storage costs of such a motor vehicle, and the liability of the insurer for payment of benefits for losses, including total losses, to the third party shall commence as of the time of the incident or occurrence which results in such losses; provided, however, in no event shall this Code section be construed so as to relieve the claimant of his or her obligation to mitigate his or her losses or to require the payment of loss of use and towing and storage costs benefits in an amount which is greater than the actual losses suffered.
(c)
When making any payment to a third party for damage to an automobile for any loss, the insurer shall have printed on the loss estimate, if prepared directly by the insurer, the following:
"Failure to use the insurance proceeds in accordance with a security agreement between you and a lienholder, if any, may be a violation of Code Section
16-8-4
of the O.C.G.A. If you have any questions, contact your lending institution."
This subsection does not apply if the insurer does not prepare the loss estimate or if the estimate is not prepared in the State of Georgia.
(d)
The provisions of this Code section shall be applicable to all automobile liability or motor vehicle liability insurance policies that pay benefits to a third party on behalf of an insured for the loss of use and towing and storage costs of such motor vehicle issued, delivered, or renewed in this state on or after January 1, 2009.
Amended by 2008 Ga. Laws 721,§ 1, eff. 7/1/2008.
Amended by 2003 Ga. Laws 9, § 33, eff. 5/14/2003.
Amended by 2002 Ga. Laws 940, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 7 - KINDS OF INSURANCE; LIMITS OF RISKS; REINSURANCE (§§ 33-7-1 — 33-7-15) › Section 33-7-12 - Effect of policy provision permitting insurer to settle or compromise claims of third persons against insured; release of claims by third persons

(a)
Any provision in a liability policy of insurance which provides that the insurer shall have the right to compromise or settle claims of third persons against the insured without the consent of the insured shall be deemed to create, as between the insurer and the insured, the relationship of an independent contractor so that the insured shall not be precluded from asserting a claim or cause of action against third persons, notwithstanding the settlement by the insurer of such claims of third persons, unless the insured shall previously have consented in writing to relinquish his claim or cause of action against third persons, provided in all cases where the insurer shall settle the claims of third persons against the insured without written consent that it shall be the duty of the insurer to inform the third persons in writing of the lack of consent of the insured and that the insured is not thereby precluded from the further assertion of claims against the third persons before taking from the third persons any release, covenant not to sue, or other settlement; and upon the failure of the insurer to give the notice to the third persons of the lack of consent of the insured, the release, covenant not to sue, or other settlement shall be of no effect, null, and void.
(b)
If such third persons execute a release, covenant not to sue, or other instrument in settlement of their claims after such notice of the lack of consent of the insured, the same shall be deemed and construed as a bar to the further assertion by such third persons of such claims against all persons whomsoever; and such third persons shall not plead such release, covenant not to sue, or settlement in bar of any action or claim asserted by such insured.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 7 - KINDS OF INSURANCE; LIMITS OF RISKS; REINSURANCE (§§ 33-7-1 — 33-7-15) › Section 33-7-13 - Limitation of risks

(a)
A "subject of insurance," for the purposes of this Code section, as to insurance against fire and hazards other than catastrophic hazards includes all properties insured by the same insurer which are customarily considered by underwriters to be subject to loss or damage from the same fire or other such hazard insured against.
(b)
"Surplus to policyholders," for the purpose of this Code section shall be deemed to include any voluntary reserves which are not required pursuant to law and shall be determined from the last sworn statement of the insurer on file with the Commissioner or by the last report of examination by the Commissioner, whichever is the more recent at the time of assumption of such risk.
(c)
No insurer shall retain any risk on any one subject of insurance, whether located or to be performed in Georgia or elsewhere, in an amount exceeding 10 percent of its surplus to policyholders.
(d)
Reinsurance authorized by Code Section
33-7-14
shall be deducted in determining risk retained. As to surety risks, deduction shall also be made of the amount assumed by any established incorporated cosurety and the value of any security deposited, pledged, or held subject to the surety's consent and for the surety's protection.
(e)
As to alien insurers, this Code section shall relate only to risks and surplus to policyholders of the insurer's United States branch.
(f)
This Code section shall not apply to life insurance, accident and sickness insurance, annuities, title insurance, insurance of ocean marine risks or marine protection and indemnity risks, workers' compensation insurance, employers' liability coverages, nor to any policy or type of coverage as to which the maximum possible loss to the insurer is not readily ascertainable on issuance of the policy.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 7 - KINDS OF INSURANCE; LIMITS OF RISKS; REINSURANCE (§§ 33-7-1 — 33-7-15) › Section 33-7-15 - Cooperation by insured with insurer in defense of action or threatened action under policy

(a)
No motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains provisions or has an endorsement thereto which specifically requires the insured to send his insurer, as soon as practicable after the receipt thereof, a copy of every summons or other process relating to the coverage under the policy and to cooperate otherwise with the insurer in connection with the defense of any action or threatened action covered under the policy.
(b)
Noncompliance by the insured with this required provision or endorsement shall constitute a breach of the insurance contract which, if prejudicial to the insurer, shall relieve the insurer of its obligation to defend its insureds under the policy and of any liability to pay any judgment or other sum on behalf of its insureds.
(b.1)
In the event the insurer denies coverage and it is determined by declaratory judgment or other civil process that there is in fact coverage, the insurer shall be liable to the insured for legal cost and attorney's fees as may be awarded by the court.
(c)
Subsections (a) and (b) of this Code section shall not operate to deny coverage for failure to send a copy of a summons or other process relating to policy coverage if such documents are sent by a third party to the insurer or to the insurer's agent by certified mail or statutory overnight delivery within ten days of the filing of such documents with the clerk of the court. If the name of the insurer or the insurer's agent is unknown, the third party shall have a period of 30 days from the date the insurer or agent becomes known in which to send these required documents. Such documents must be sent to the insurer or agent at least 30 days prior to the entry of any judgment against the insured.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 8 - FEES AND TAXES (§§ 33-8-1 — 33-8-13) › Section 33-8-2 - Fees and taxes imposed upon representatives of insurers of other states

The same fees or taxes imposed upon Georgia agents, brokers, adjusters, or any other representatives of insurers, as listed in this chapter, for the privilege of doing business in another state shall be imposed upon agents, brokers, adjusters, or any other representatives of insurers of such other state doing business in this state, in accordance with Code Section
33-3-26
.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 8 - FEES AND TAXES (§§ 33-8-1 — 33-8-13) › Section 33-8-3 - License fees of insurance companies generally

(a)
Each and every insurance company, domestic, foreign, or alien, carrying on an insurance business in Georgia shall pay to the Commissioner, annually in advance, on or before July 1, a license fee in an amount as provided in Code Section
33-8-1
, which payment shall be in lieu of all other license fees of said companies. Foreign companies entering the state and domestic companies beginning business at any time during the license year as fixed by this Code section shall pay said license fee in full for the remaining portion of that license year.
(b)
The license fees provided for in Code Section
33-8-1
are expressly imposed on and shall be the obligation of the licensees.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 8 - FEES AND TAXES (§§ 33-8-1 — 33-8-13) › Section 33-8-4 - Amount and method of computing tax on insurance premiums generally; exclusion of annuity considerations

(a)
All foreign, alien, and domestic insurance companies doing business in this state shall pay a tax of 2 1/4 percent upon the gross direct premiums received by them. The tax shall be levied upon persons, property, or risks in Georgia, from January 1 to December 31, both inclusive, of each year without regard to business ceded to or assumed from other companies. The tax shall be imposed upon gross premiums received from direct writings without any deductions allowed for premium abatements of any kind or character or for reinsurance or for cash surrender values paid, or for losses or expenses of any kind; provided, however, that deductions shall be allowed for premiums returned on change of rate or canceled policies; provided, further, that deductions may be permitted for return premiums or assessments, including all policy dividends, refunds, or other similar returns paid or credited to policyholders and not reapplied as premium for additional or extended life insurance. The term "gross direct premiums" shall not include annuity considerations.
(b)
For purposes of this chapter, annuity considerations received by nonprofit corporations licensed to do business in this state issuing annuities to fund retirement benefits for teachers and staff personnel of private secondary schools and colleges and universities shall not be considered gross direct premium.
(c)
Insurers shall be exempt from otherwise applicable state premium taxes as provided for in subsection (a) of this Code section on premiums paid by Georgia residents for high deductible health plans as defined by Section 223 of the Internal Revenue Code.
Amended by 2019 Ga. Laws 139,§ 1-40, eff. 7/1/2019.
Amended by 2009 Ga. Laws 128,§ 1, eff. 5/4/2009.
Amended by 2008 Ga. Laws 463,§ 1, eff. 1/1/2009.