reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-27 - Pleading and procedure of judicial review; powers of reviewing court generally

(a)
The form of proceeding for judicial review shall be by a petition for review in the Superior Court of Fulton County, a copy of which shall be served upon the Commissioner immediately. The proceedings on the petition for review shall be governed by the provisions of Chapter 3 of Title 5, except to the extent any such provision is in conflict with any provision of this title.
(b)
The proceedings shall follow the course which is now or may hereafter be prescribed for civil actions in the superior courts, provided that the reviewing court may by order extend the time required for filing any pleadings or motions. In addition, the reviewing court may provide by order for expeditious hearing or trial of any such proceedings as justice or the public interest may require.
(c)
The petition for review or other pleading in which judicial review shall be sought shall plainly specify the action complained of and shall set forth the relief sought and, without excessive detail, the facts and circumstances supporting the petitioner's right to such relief.
(d)
Pending judicial review pursuant to any proceeding authorized for the purpose, the Commissioner, if the action has not become effective, may postpone the effective date of the action complained of. Upon such conditions as may be required and to the extent necessary to preserve the status of proceedings or the rights of the parties or to prevent irreparable injury, in any proceeding for judicial review the reviewing court or any appellate court is authorized to issue all necessary and appropriate orders to postpone the effective date of any action or temporarily to grant or extend relief denied or withheld.
(e)
Whether or not prayed for, the court may remand the matter for further proceedings or findings on terms specified by order or may require the parties to complete any record found to be inaccurate or inadequate for decision.
Amended by 2022 Ga. Laws 875,§ 2-21, 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 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-28 - Scope of judicial review; disposition of action by reviewing court

(a)
Unless review of the action complained of is required by law to be de novo:
(1)
In cases in which proceedings have been held before the Commissioner, the Commissioner shall file with his reply to the reviewing court a certified transcript of all such proceedings and all evidence before him in such proceedings; provided, however, that the parties may by written stipulation agree to an abbreviated record including so much of the transcript as shall be necessary to determine the questions under review;
(2)
The reviewing court's decision shall be upon the basis of the pleadings and the record so presented;
(3)
The findings of the Commissioner as to any fact, if supported by substantial evidence upon consideration of the record as a whole, shall be conclusive;
(4)
If issues of fact outside the record shall be made by the pleadings, they may be determined by the court.
(b)
Judicial review of any fact determined by the Commissioner shall be de novo unless:
(1)
The determination was made after a hearing required or authorized by this title; or
(2)
The determination is one committed by law to the Commissioner's discretion.
(c)
So far as necessary to decision and where presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of any department action. The court shall:
(1)
Compel department action unlawfully withheld or unreasonably delayed; and
(2)
Hold unlawful and set aside department action, findings, and conclusions found to be:
(A)
Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(B)
Contrary to legal or constitutional right, power, privilege, or immunity;
(C)
In excess of statutory jurisdiction, authority, or limitations or short of statutory right;
(D)
Without observance of procedure required by law;
(E)
Unsupported by substantial evidence upon consideration of the record as a whole in cases determined pursuant to paragraphs (2) and (3) of subsection (a) of this Code section; and
(F)
Unwarranted by the facts in cases in which the facts are subject to trial de novo by the reviewing court.
(d)
In making the determinations called for in subparagraphs (A) through (F) of paragraph (2) of subsection (c) of this Code section, the court shall review the whole record or such portions of the record as may be cited by any party; and due account shall be taken of the rule of prejudicial error.
(e)
The reviewing court may also grant such further relief either legal or equitable, or both, as the interest of the public and the aggrieved parties in such proceedings shall require.
Amended by 2022 Ga. Laws 782,§ 33, eff. 5/2/2022.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-29 - Disposition of amounts collected under title generally; allowance of refunds and credits

The Commissioner shall promptly pay all taxes, fees, dues, charges, and penalties and interest which he is authorized to collect under this title to the Office of the State Treasurer to the credit of the general fund. The Commissioner, however, is authorized to make refunds of or to allow credits for any amounts which have been illegally or erroneously paid or collected pursuant to any provision of this title; and such payments to the Office of the State Treasurer shall be less the amount of any such refunds or credits, provided that no refunds or credits shall be allowed under this Code section unless a written request for such refund or credit is filed with the Commissioner within seven years from the date of payment or collection of the amount for which a refund or credit is claimed.
Amended by 2010 Ga. Laws 621,§ 2, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-30 - Limitation period for issuance of notice of deficiency assessment or execution thereon; waiver of limitations

(a)
Except in the case of fraud or failure to file a return required by this title, every notice of a deficiency assessment or the issuance of an execution thereon shall be given within seven years from the date on which such return is filed. In the case of failure to file a return, the notice of a deficiency assessment or the issuance of an execution thereon shall be given within ten years from the date on which such return is due. In the case of fraud there shall be no time limitation.
(b)
If, before the expiration of the time prescribed in this Code section for giving of a notice of deficiency assessment or before the issuance of an execution thereon, the taxpayer has consented in writing to the giving of the notice after such time, the notice may be given at any time prior to the expiration of the time agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-31 - Extension of time for filing tax return or paying tax; payment of interest by taxpayer granted extension

The Commissioner for good cause shown may extend for no more than 30 days the time for filing a tax return or paying any amount required to be paid with any return. The extension may be granted at any time, provided that a request therefor is filed with the Commissioner within or prior to the period for which the extension may be granted. Any taxpayer to whom an extension is granted shall pay, in addition to the tax, interest at the rate of 1 percent per month or fraction thereof until the date of payment.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-32 - Fees

(a)
Each corporation or individual, of whatever name or class, which now has or which may hereafter have bonds or securities on deposit as the law provides, is required, on or before January 15 of each year, to pay fees in amounts as provided in Code Section
33-8-1
.
(b)
All fees collected under subsection (a) of this Code section shall be paid into the general fund of the state treasury.
(c)
If a fee prescribed in subsection (a) of this Code section has not been paid on or before January 15, the Commissioner shall refuse to accept the deposits required by law and shall not certify their acceptance until the fee is fully paid. The Commissioner shall suspend or revoke the license of the delinquent company or individual until the fee is fully paid.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 2 - DEPARTMENT AND COMMISSIONER OF INSURANCE (§§ 33-2-1 — 33-2-34) › Section 33-2-33 - [Repealed] List of written requests for assistance by citizens against insurers

Repealed and reserved by 2019 Ga. Laws 139,§ 1-14, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-1 - Definitions

As used in this chapter, the term:
(1)
"Administrative supervision" means the continued operation of the company under supervision of the Commissioner in accordance with regulations promulgated by the Commissioner.
(2)
"Alien" insurer means an insurer formed under the laws of a country other than the United States.
(3)
"Charter" means articles of incorporation, articles of agreement, articles of association, or other basic constituent document of a corporation; subscribers' agreement and power of attorney of a reciprocal insurer; or underwriters' agreement and power of attorney of a Lloyd's insurer.
(4)
"Domestic" insurer means an insurer formed under the laws of Georgia.
(5)
"Foreign" insurer means an insurer formed under the laws of another state or government of the United States.
(6)
"State" means any state, commonwealth, territory, or district of the United States.
(7)
"United States" includes the states, territories, districts, and commonwealths of the United States.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-2 - Certificate of authority required for transaction of insurance within state; exceptions

(a)
No person shall act as an insurer and no insurer shall transact insurance in Georgia except as authorized by a subsisting certificate of authority granted to it by the Commissioner, except as to any transactions as are expressly otherwise provided for in this title.
(b)
The mere investigation and adjustment of any claim in this state arising under an insurance contract and litigation in connection therewith shall not be deemed to constitute the transacting of insurance in this state.
(c)
An insurer not transacting new insurance business in Georgia but continuing collection of premiums on and servicing of policies remaining in force as to residents of or risks located in Georgia is transacting insurance in Georgia for the purpose of premium tax requirements only and is not required to have a certificate of authority therefor.
(d)
As to an insurance coverage on a subject of insurance not resident, located, or expressly to be performed in Georgia at time of issuance and solicited, written, and delivered outside Georgia, no certificate of authority shall be required of an insurer as to subsequent transactions in Georgia on account of such insurance; and this title shall not apply to such insurance or insurance coverage, except for the purpose of premium tax requirements.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-3 - Qualifications for transaction of insurance generally; transaction of insurance by insurers owned by states, foreign governments

(a)
To qualify for and hold authority to transact insurance in Georgia an insurer must be otherwise in compliance with the provisions of this title and with its charter powers and must be an incorporated stock insurer, an incorporated mutual insurer, a fraternal benefit society, a farmers' mutual fire insurance company, a Lloyd's association, or a reciprocal insurer of the same general type as may be formed as a domestic insurer under this title, except that no foreign or alien insurer shall be authorized to transact insurance in Georgia which does not maintain reserves as required by Chapter 10 of this title applicable to the kind or kinds of insurance transacted in the United States by such insurer.
(b)
No certificate of authority or license to transact any kind of insurance business in this state shall be issued, renewed, or continued in effect to any domestic, foreign, or alien insurance company or other insurance entity which is owned or financially controlled in whole or in substantial part by any state of the United States, by a foreign government, or by any political subdivision, instrumentality, or agency of either or which is an agency of such state or foreign government or any political subdivision, instrumentality, or agency of either unless such company or entity was so owned, controlled, or constituted prior to January 1, 1957, and was authorized to do business in this state on or prior to said date.
(c)
Membership in a mutual insurer, subscribership in a reciprocal insurer, or supervision of an insurer by a public insurance supervisory authority shall not be deemed to be an ownership, control, or operation of the insurer for the purposes of subsection (b) of this Code section.
Amended by 2017 Ga. Laws 52,§ 5, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-4 - Kinds of insurance in which insurers may transact

An insurer which otherwise qualifies to transact insurance in Georgia may be authorized to transact any one kind or combination of kinds of insurance as defined in Chapter 7 of this title except:
(1)
A reciprocal insurer shall not transact life insurance;
(2)
A Lloyd's insurer shall not transact life insurance; and
(3)
A title insurer shall be a stock insurer and shall be authorized to transact only title insurance and closing protection letters, pursuant to Code Section
33-7-8.1
.
Amended by 2019 Ga. Laws 139,§ 1-15, eff. 7/1/2019.
Amended by 2012 Ga. Laws 734,§ 1, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-5 - Classification of kinds of insurance

For the purpose of this chapter, the kinds of insurance defined in Chapter 7 of this title shall be arranged in the following six classes:
(1)
Life, accident, and sickness;
(2)
Property, marine, and transportation;
(3)
Casualty;
(4)
Surety;
(5)
Title; and
(6)
Health maintenance organization.
Each of the groups numbered (1) through (6) shall constitute a class of insurance.
Amended by 2019 Ga. Laws 139,§ 1-16, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-6 - Requirements as to capital stock or surplus generally

(a)
On or after July 1, 2000, to qualify for an original certificate of authority to transact one or more classes of insurance, an insurer shall possess and thereafter maintain a minimum of $1.5 million in capital stock or in surplus.
(b)
As to surplus required for initial qualification to transact one kind of insurance and thereafter to be maintained, domestic mutual insurers shall be governed by Chapter 14 of this title and domestic reciprocal insurers shall be governed by Chapter 17 of this title. Farmers' mutual fire insurance companies shall be governed by Chapter 16 of this title.
Amended by 2017 Ga. Laws 52,§ 6, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-7 - Requirement of surplus for new insurers

In addition to the minimum paid-in capital or minimum surplus of insurers required by this title, an insurer shall possess when first authorized in this state and thereafter maintain surplus or additional surplus equal to the larger of $1.5 million if a stock, mutual, or reciprocal insurer or 50 percent of its paid-in capital stock if a stock insurer or of its surplus if a mutual or reciprocal insurer otherwise required under Code Section
33-3-6
for the kinds of insurance to be transacted.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-9 - Requirement of additional deposits of securities by foreign and alien insurers

In those instances in which the Commissioner in his or her judgment shall deem it to be in the best interests of the citizens of this state, no certificate of authority shall be issued by the Commissioner to any foreign and alien insurer nor shall any certificate of authority be renewed for any such insurer unless such insurer shall deposit with the Commissioner securities eligible for the investment of capital funds in such amount as the Commissioner shall require. This deposit and the deposit required by paragraph (1) of subsection (b) of Code Section
33-3-8
shall be administered as provided for in Chapter 12 of this title. Deposits under this Code section shall be held for the protection of the insurer's policyholders in this state and others in this state entitled to the proceeds of its policies.
Amended by 2019 Ga. Laws 139,§ 1-17, eff. 7/1/2019.
Amended by 2016 Ga. Laws 466,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-10 - Requirement of additional special deposits of securities by domestic, foreign, or alien insurers

(a)
In addition to the deposits required by Code Sections
33-3-8
and
33-3-9
, the Commissioner may require any domestic, foreign, or alien insurer to make such additional special deposits of securities eligible for the investment of capital funds of domestic insurers under this title as he may deem reasonable and necessary for the protection of the public whenever the Commissioner shall determine that the adverse financial condition of the insurer requires such action.
(b)
Such additional special deposits shall be deposited with the Commissioner in trust for the protection of all policyholders of the insurer and all others entitled to the proceeds of its policies except in the case of foreign or alien insurers, in which case such additional special deposits shall be deposited with the Commissioner in trust for the protection of all the insurer's policyholders in Georgia and all others in Georgia entitled to the proceeds of its policies.
(c)
The deposits provided for under this Code section shall be administered by the Commissioner in accordance with Chapter 12 of this title.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-12 - Requirements as to name of insurer

(a)
No insurer shall be authorized to transact insurance in Georgia which has or uses a name so similar to that of any insurer already so authorized as to cause uncertainty or confusion, except that, in case of conflict of names between two insurers, the Commissioner may permit or require as a condition to the issuance of an original certificate of authority to an insurer making application therefor that the insurer use in Georgia any supplementation or modification of its name as may reasonably be necessary to avoid a conflict.
(b)
No insurer shall be authorized to transact business in Georgia which has or uses a name which would deceptively mislead as to the type of organization of the insurer.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-13 - Information required in or attached to application for certificate of authority

To apply for an original certificate of authority an insurer shall file with the Commissioner its application therefor showing its name, location of its home office or its existing or proposed principal office in the United States if an alien insurer, kinds of insurance to be transacted, date of organization or incorporation, form of organization, state or country of domicile, the names and addresses of all general officers of the company with the number of shares of capital stock of the company held by or for each such general officer or by others for his or her benefit, and the percentage of the total capital stock of the company held by each such general officer, the date on which the company began to do business, the states in which it is admitted to do business, and such additional information as the Commissioner may require, together with the following applicable documents:
(1)
A copy of its corporate charter with all amendments thereto certified by the public officer with whom the originals are on file in the state or country of domicile;
(2)
A copy of its bylaws, as amended, certified by its secretary or other officer having custody thereof;
(3)
If a foreign or alien insurer, a copy of its annual statement as of December 31 of the preceding year in a form approved for current use by the Commissioner and certified by two officers of the company. The annual statement of an alien insurer which has entered through and the United States branch of which is licensed to transact insurance in another state shall relate only to the transactions and affairs in the United States unless the Commissioner requires otherwise;
(4)
A copy of report of the last examination, if any, made of the insurer, certified by the insurance supervisory official of its state or country of domicile or of entry into the United States;
(5)
If a foreign or alien insurer, a copy of the appointment of the Commissioner as its attorney to receive service of legal process;
(6)
If a foreign or alien insurer, a certificate of the public official having supervision of insurance in its state or country of domicile showing that it is authorized to transact the kinds of insurance proposed to be transacted in Georgia;
(7)
If an alien insurer, a copy of the appointment and authority of its United States manager certified by its officer having custody of its records;
(8)
If a foreign or alien insurer, certificate as to deposit if to be tendered pursuant to Code Section
33-3-8
; and
(9)
If an alien insurer entering through this state to transact insurance in the United States through a United States branch, an English language translation, as necessary, of any of the documents required under this Code section.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-14 - Application fee

Every original application shall be accompanied by the fee required by Code Section
33-8-1
, which shall be returned to the applicant if the application is finally denied.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-15 - Issuance or refusal of certificate of authority generally; determining whether insurer meets definition of reinsurer; designation on certificate

(a)
Upon filing of an application for an original certificate of authority, the Commissioner shall have 90 days in which to approve the application by issuing an appropriate certificate of authority or disapprove the application by issuing an order setting forth the grounds for such disapproval. The Commissioner may extend such 90 day period for an additional 90 days by notifying the applicant in writing of such extension. If the application is not approved or disapproved within such time period or periods, the application shall be deemed approved and the Commissioner shall thereupon issue the appropriate certificate of authority.
(b)
The certificate, if issued, shall specify the kind or kinds of insurance the insurer is authorized to transact in Georgia. At the insurer's request, the Commissioner may issue a certificate of authority limited to particular types of insurance included within a kind of insurance as defined in this title.
(c)
The Commissioner shall determine if the insurer is a reinsurer and shall so designate on the certificate. As used in this subsection, the term "reinsurer" means an insurer that is principally engaged in the business of reinsurance, does not conduct significant amounts of direct insurance as a percentage of its net premiums, and is not engaged in an ongoing basis in the business of soliciting direct insurance.
Amended by 2011 Ga. Laws 218,§ 1, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-16 - Expiration of certificate; procedure for renewal; amendment of certificate by Commissioner

(a)
All certificates of authority shall expire at 12:00 Midnight on June 30 of the year following date of issuance or renewal. An insurer desiring renewal shall file on March 1 preceding expiration a copy of its annual statement of December 31 of the preceding year in a form approved for current use by the Commissioner. On or before March 1 of each year, each insurer at its expense shall publish in a newspaper of general circulation published in this state a copy of such statement in short form showing income, assets, expenditures, and liabilities in gross as of December 31 of the preceding year to be sworn to by the officer or agent making the same; and such statement so published must be filed with the Commissioner with a copy of the statement as published attached thereto. Notwithstanding the March 1 deadline, the Commissioner may for good cause grant an extension of time for filing such annual statement not to exceed 60 days. If the insurer qualifies, its certificate shall be renewed annually; provided, however, that any certificate of authority shall continue in full force and effect until the new certificate is issued or specifically refused.
(b)
The Commissioner may amend a certificate of authority at any time to accord with changes in the insurer's charter or insuring powers.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-17 - Discretionary refusal, revocation, or suspension of certificate generally

In addition to any other grounds set forth in this title, the Commissioner may refuse to issue a certificate of authority or after a hearing refuse to renew or may revoke or suspend an insurer's certificate of authority or place an insurer under administrative supervision if the insurer:
(1)
Violates any provision of this title other than those as to which refusal, suspension, or revocation is mandatory;
(2)
Knowingly fails to comply with or violates any rule, regulation, or order of the Commissioner;
(3)
Is found by the Commissioner to be in unsound condition or in such condition as to render its further transaction of insurance in Georgia hazardous to its policyholders or to the public;
(4)
As a general scheme or plot without just cause compels claimants to accept less than the amount due them or to bring an action against it to secure full payment thereof;
(5)
Refuses to be examined or to produce its accounts, records, and files for examination by the Commissioner when required; or refuses to furnish such other additional information as the Commissioner may deem necessary to consider the application for renewal of such insurer's certificate of authority;
(6)
Fails to pay any final judgment rendered against it in Georgia within 30 days after such judgment becomes final; or
(7)
Is affiliated with and under the same general management or interlocking directorate or ownership as another insurer which transacts direct insurance in Georgia without having a certificate of authority therefor, except as permitted to a surplus line insurer under Chapter 5 of this title or an insurance holding company under Chapter 13 of this title.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-18 - Administrative supervision or suspension of certificate of authority for cause

The Commissioner may, without advance notice or a hearing thereon, place an insurer under administrative supervision or suspend immediately the certificate of authority of any insurer:
(1)
As to which proceedings for receivership, conservatorship, rehabilitation, or other delinquency proceedings have been commenced in any state by the public insurance supervisory official of such state;
(2)
Whose authority to do business in any state has been revoked, suspended, or restricted in any way by the public insurance supervisory official of such state; or
(3)
If upon examination or at any other time it appears in the Commissioner's discretion that:
(A)
The insurer's condition renders the continuance of its business hazardous to the public or to its insureds;
(B)
The insurer exceeded its powers granted under its certificate of authority and applicable law;
(C)
The insurer has failed to comply with the applicable provisions of this title;
(D)
The business of the insurer is being conducted fraudulently; or
(E)
The insurer gives its consent.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-19 - Mandatory refusal, revocation, or suspension of certificate

The Commissioner shall refuse to issue or to renew or shall revoke or suspend an insurer's certificate of authority:
(1)
If such action is required by any provision of this title; or
(2)
If the insurer no longer meets the requirements for the authority originally granted on account of deficiency in assets or otherwise.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-20 - Imposition of administrative fine upon insurer for certain acts of officers, employees, agents, or representatives

(a)
The Commissioner may, after a hearing, impose upon an insurer an administrative fine if he finds that such insurer through the acts of its officers, employees, agents, or representatives has with such frequency as to indicate its general business practice in this state:
(1)
Failed to use due diligence in processing all claims, failed to pay claims in a timely manner, failed to provide proper notice when required with respect to the reasons for the insurer's failure to make claims payments when due, or refused without just cause to pay proper claims arising under coverage provided by its policies, whether the claim is in favor of an insured or in favor of a third person with respect to the liability of an insured to a third person or in favor of any other person entitled to the proceeds of a policy;
(2)
Compelled, without just cause, insureds, claimants, or other persons entitled to the proceeds of its policies in this state to accept less than the amount due them or to bring an action against the insurer or an insured to secure full payment or settlement thereof; or
(3)
Accepted money, trade stamps, gifts, or other remuneration of any kind in return for referring automobile and other property repair business including glass breakage to a particular automobile repairer, glass company, construction company, or other repair company of any kind.
(b)
The administrative fine imposed for violations set forth in paragraph (1), (2), or (3) of subsection (a) of this Code section shall not exceed $1,000.00 for each act of misconduct constituting a violation; provided, however, a fine of not more than $5,000.00 for each act of willful misconduct constituting a violation may be imposed.
(c)
For the purposes of this Code section, the term "insurer" shall include any insurer, nonprofit organization, or any other person authorized to sell accident and sickness insurance policies, subscriber contracts, certificates, or agreements of any form under Chapter 15, 20, 21, 29, or 30 of this title.
Amended by 2019 Ga. Laws 139,§ 1-18, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-21 - Reports of business affairs and operations of insurers generally

On or before March 1 in each year after it shall have commenced to do business pursuant to a certificate of authority, every insurer shall make and file with the Commissioner a report of its affairs and operations during the year ending on December 31 of the preceding year. This annual report shall be made in such form and contain such information as the Commissioner may prescribe by regulation from time to time and may require in protecting the public interest, the interest of the policyholders of any insurer, and the interest of the investors in the securities issued by any insurer. The Commissioner may require by regulation any additional periodic reports as he or she may prescribe from time to time as necessary or appropriate for the protection of policyholders, investors, and the public and necessary to ensure the solvency of any insurer, to inform and protect the investors in any insurer, and to assure fair dealing in the securities of any insurer. The Commissioner may require that the reports be verified under oath by any appropriate officers or agents as he or she may designate by regulation and may require the same to be published. Compliance with this Code section shall be a condition to the renewal of a certificate of authority under Code Section
33-3-16
.
Amended by 2019 Ga. Laws 139,§ 1-19, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-21.1 - Submission of reports by property and casualty insurers; types of insurance to which requirement applies; contents of report; public inspection

(a)
By rule or regulation, the Commissioner may require each insurer licensed to write property and casualty insurance by the Commissioner to submit a report on a form furnished by the Commissioner showing its direct writings in this state.
(b)
The report permitted by subsection (a) of this Code section may include but not be limited to the following types of insurance written by such insurer:
(1)
Motor vehicle bodily injury liability insurance, including medical pay insurance;
(2)
Products liability insurance;
(3)
Medical malpractice insurance;
(4)
Architect and engineer malpractice insurance;
(5)
Attorney malpractice insurance;
(6)
Motor vehicle personal injury protection insurance;
(7)
Motor vehicle property liability insurance;
(8)
Uninsured motorist insurance;
(9)
Underinsured motorist insurance; and
(10)
Commercial casualty or property insurance as defined in paragraph (1) of Code Section
33-7-3
or Code Section
33-7-6
.
(c)
Additionally, the report shall include the following information:
(1)
Direct premiums written;
(2)
Direct premiums earned;
(3)
Net investment income, including net realized capital gains and losses, using appropriate estimates where necessary;
(4)
Incurred claims, developed as a sum of, and with figures provided for, the following:
(A)
Dollar amount of claims closed with payment; plus
(B)
Reserves for reported claims at the end of the current year; minus
(C)
Reserves for reported claims at the end of the previous year; plus
(D)
Reserves for incurred but not reported claims at the end of the current year; minus
(E)
Reserves for incurred but not reported claims at the end of the previous year; plus
(F)
Reserves for loss adjustment expense at the end of the current year; minus
(G)
Reserves for loss adjustment expense at the end of the previous year;
(5)
Actual incurred expenses allocated separately to loss adjustment, commissions, other acquisition costs, general office expenses, taxes, licenses, fees, and all other expenses;
(6)
Net underwriting gain or loss; and
(7)
Net operation gain or loss, including net investment income.
(d)
Any reports provided under this Code section shall be made available to the public for inspection.
Amended by 2014 Ga. Laws 489,§ 1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-21.2 - Analysis of adequacy of loss and loss adjustment expense reserves when reserves outside standard range

(a)
As used in this Code section, the term "qualified independent loss reserve specialist" means a person who is not an employee, principal, director, or indirect owner of the insurer and either is a member of the casualty actuarial society or possesses such other experience acceptable to the Commissioner to assure a professional opinion on the adequacy of the loss and loss adjustment expense reserves of the insurer.
(b)
Every property and casualty insurer required to file an annual report with the Commissioner which has not filed a statement of opinion relating to loss and loss adjustment expense reserves in connection with its last annual statement on file with the department shall engage, whenever the insurer's loss and loss adjustment expense reserves are outside the standard or average range as designated by the Commissioner and based upon reliable and credible current information, a qualified independent loss reserve specialist to analyze the adequacy of such reserves and file a report with the Commissioner on a date to be specified by the Commissioner.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-21.3 - Annual filings with National Association of Insurance Commissioners; agents of Commissioner not subject to civil liability; confidentiality of information

(a)
This Code section shall apply to all domestic, foreign, and alien insurers who are authorized to transact business in this state.
(b)
(1)
Each domestic, foreign, and alien insurer who is authorized to transact insurance in this state shall file annually on or before March 1 of each year with the National Association of Insurance Commissioners a copy of its annual statement convention blank along with such additional filings as prescribed by the Commissioner for the preceding year. The information filed with the National Association of Insurance Commissioners shall be in the same format and scope as that required by the Commissioner and shall include the signed jurat page and the actuarial certification. Any amendments and addendums to the annual statement filing subsequently filed with the Commissioner shall also be filed with the National Association of Insurance Commissioners.
(2)
Foreign insurers that are domiciled in a state which has a law substantially similar to paragraph (1) of this subsection shall be deemed in compliance with this subsection.
(c)
In the absence of actual malice, members of the National Association of Insurance Commissioners; their duly authorized committees, subcommittees, and task forces; their delegates; employees of the National Association of Insurance Commissioners; and all others charged with the responsibility of collecting, reviewing, analyzing, and disseminating the information developed from the filing of the annual statement convention blanks shall be acting as agents of the Commissioner under the authority of this Code section and shall not be subject to civil liability for libel, slander, or any other cause of action by virtue of their collection, review, analysis, and dissemination of the data and information collected from the filings required under this Code section.
(d)
Notwithstanding any provision of Article 4 of Chapter 18 of Title 50 to the contrary, all financial analysis ratios and examination synopses concerning insurance companies that are submitted to the department with an expectation of confidentiality by the National Association of Insurance Commissioners' Insurance Regulatory Information System shall be confidential and may not be disclosed by the department.
(e)
The Commissioner may suspend, revoke, or refuse to renew the certificate of authority of any insurer failing to file its annual statement when due or within any extension of time which the Commissioner, for good cause, may have granted.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-22 - Reports of insurers authorized to transact product liability insurance

The Commissioner by rule and regulation may require each insurer providing product liability insurance in this state to provide reports of its affairs and operations regarding product liability insurance covering risks located in this state with such frequency and in such form as the Commissioner deems necessary.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-23 - Transaction restrictions on lending institutions and bank holding companies

(a)
For the purposes of this Code section, the term:
(1)
"Bank holding company" means the definition as set forth in Code Section
7-1-600
and in Section 2 of an act of Congress entitled the Bank Holding Company Act of 1956, as amended.
(2)
"Lending institution" means any domestic institution that accepts deposits from the public and lends money, including banks and savings and loan associations.
(b)
A lending institution, bank holding company, or subsidiary or affiliate of either of the foregoing doing business in this state, or any officer or employee of any of the foregoing, may be licensed to sell insurance, including but not limited to credit insurance, in this state and may engage in underwriting and act as an underwriter for credit life insurance and credit accident and sickness insurance subject to the provisions of this title and in conformity with rules and regulations promulgated by the Commissioner.
(c)
Nothing in this chapter shall prohibit the purchase of mortgage guaranty insurance, also called credit loss insurance, by a lending institution from a mortgage guaranty insurance company directly or indirectly.
(d)
No lending institution, bank holding company, or any subsidiary or affiliate of any of the foregoing doing business in this state that was not in the business of selling title insurance on or before April 1, 2000, shall be permitted to sell title insurance.
Amended by 2019 Ga. Laws 139,§ 1-20, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-24 - Transaction restrictions on institutions of Farm Credit System

(a)
No institution included in the Farm Credit System as set forth and identified in
12 U.S.C.A., Section 2002
(Pub. Law 92-181, Sec. 1.2, Dec. 10, 1971, 85 Stat. 583), any subsidiary or affiliate of such institution doing business in this state, any officer or employee of any institution included in the Farm Credit System, or any subsidiary or affiliate of any institution may directly or indirectly be licensed to sell or solicit any type of insurance, except the following:
(1)
Credit life and accident and health in an amount appropriate to insure repayment of the loan;
(2)
Crop hail, hail, or wind damage to crops; or
(3)
Insurance against loss of any collateral securing a loan extended by an affiliate bank or association of the Farm Credit System for the full value of such collateral. The right to place collateral insurance, however, shall continue only so long as the underlying loan remains outstanding or until the expiration of the policy, but in no event longer than 12 months from the last day the loan was outstanding.
(b)
For purposes of this Code section, "collateral securing a loan" shall include only that property which is subject to the formal security interest granted in connection with the secured loan and duly filed and recorded in the county where the debtor resides; provided, however, "collateral securing a loan" shall not include any property acquired by the debtor after the date the underlying loan was made unless the secured party shall make an advance to the debtor or otherwise give new value which is to be secured in whole or in part by after-acquired property.
(c)
For the purposes of this Code section, institutions constituting the Farm Credit System shall include the federal land banks, the federal land bank associations, the federal intermediate credit banks, the production credit associations, the banks for cooperatives, and such other institutions as may be made part of the system, all of which are chartered by and subject to the supervision of the Farm Credit Administration; provided, however, that the types of insurance described in paragraphs (1), (2), and (3) of subsection (a) of this Code section may only be transacted, sold, or solicited for the purposes of protecting loans made for agricultural purposes to farmers by an institution of the Farm Credit System or any subsidiary or affiliate thereof doing business in this state.
(d)
Any person holding a license to sell or solicit insurance on April 8, 1977, and disqualified under the terms of subsection (a) of this Code section upon termination of his association as an employee or officer, or both, of any Farm Credit System institution or affiliate or subsidiary thereof shall have his license reissued upon request without the necessity of taking or passing any examination. Applications shall be made within 60 days from the date of termination of such employment.