reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 30A - HEALTH PLAN PURCHASING COOPERATIVES (§§ 33-30A-1 — 33-30A-11) › Section 33-30A-5 - Responsibilities of department

The department shall assist health plan purchasing cooperatives. To this end, the department is responsible for:
(1)
Initially and thereafter annually certifying that each cooperative complies with the provisions of this chapter and regulations adopted pursuant to Code Section
33-30A-9
. The department may decertify any cooperative if the cooperative fails to comply with the provisions of this chapter and the regulations adopted by the Commissioner;
(2)
Conducting an annual review of the performance of each cooperative to ensure that the cooperative is in compliance with the provisions of this chapter and applicable regulations;
(3)
Establishing criteria for plans to be offered through cooperatives to cooperative members. Such plans may include without limitation fee-for-service plans, preferred provider organizations, health maintenance organizations, provider sponsored health care corporation plans, and medical savings accounts;
(4)
Receiving and reviewing appeals by members of a cooperative and carriers whose grievances were not resolved by the cooperative; and
(5)
Providing annually to the House Committee on Insurance and the Senate Insurance and Labor Committee a detailed status report on the effect and administration of this chapter.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 30A - HEALTH PLAN PURCHASING COOPERATIVES (§§ 33-30A-1 — 33-30A-11) › Section 33-30A-6 - Notification to members; marketing materials

(a)
Each cooperative shall use appropriate, efficient, and standardized means to notify members of the availability of health benefit plan coverage offered through the cooperative.
(b)
(1)
Each cooperative shall make available to its members marketing materials prepared by or for the cooperative that accurately summarize the health benefit plans and other insurance and services that are offered through it to members, including descriptions and standardized comparisons of each plan or service and information on price, benefits, and measures of performance such as medical outcomes and consumer satisfaction. A purchasing cooperative shall disseminate such descriptive and comparative information to all members of the cooperative.
(2)
Such marketing materials and measures of performance shall be filed with and approved by the Commissioner prior to the use or dissemination of such materials or measures of performance.
(c)
(1)
Each cooperative shall offer annually to each member all health benefit plans and other insurance and services available through the cooperative and provide each member with the appropriate materials relating thereto.
(2)
Each purchasing cooperative shall adopt its own policy regarding whether member employers shall be permitted to limit the selection of carriers, health benefit plans, or other insurance for their employees from among those health benefit plans and other insurance policies offered through the purchasing cooperative. Any limitation imposed by an employer must be made without discrimination as to the health status of an individual or class.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 30A - HEALTH PLAN PURCHASING COOPERATIVES (§§ 33-30A-1 — 33-30A-11) › Section 33-30A-7 - Nonprofit corporation status; certificate of existence

(a)
(1)
Each purchasing cooperative shall be a nonprofit corporation, and the provisions of Chapter 3 of Title 14 shall apply to each purchasing cooperative; provided, however, that the provisions of this chapter shall control to the extent of any conflict with the provisions of Chapter 3 of Title 14.
(2)
Prior to authorization by the Commissioner to operate as a health plan purchasing cooperative, a nonprofit corporation must provide the Commissioner with a certificate of existence issued pursuant to Code Section
14-3-128
.
(b)
A purchasing cooperative may not amend its articles of incorporation to operate as a for profit corporation.
(c)
Nothing in this Code section shall limit a cooperative from contracting with a for profit corporation to provide services specified in paragraph (10) of subsection (b) of Code Section
33-30A-4
.
(d)
(1)
No person having had a financial interest in a purchasing cooperative's financing, marketing, or delivery of services, other than as a representative of a member employer or a consumer of services, during the immediately preceding 12 month period shall serve as a member of the board of directors of the purchasing cooperative.
(2)
No person serving as a member of the board of directors of a purchasing cooperative shall have a financial interest in the purchasing cooperative's financing, marketing, or delivery of services, other than as a representative of a member employer or as a consumer of services, during his or her term as a board member.
(e)
A purchasing cooperative may establish, as it deems necessary and appropriate, an advisory group to assist its board of directors in deliberations. Such advisory group may include health care providers, carriers, insurance agents, consumers, or other persons.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 30A - HEALTH PLAN PURCHASING COOPERATIVES (§§ 33-30A-1 — 33-30A-11) › Section 33-30A-8 - Surety bond required; guaranty of uninterrupted coverage

(a)
Prior to authorization by the Commissioner to operate as a health plan purchasing cooperative, a nonprofit corporation shall, directly or through a contractor which provides administrative services to the corporation, file with the Commissioner a corporate surety bond in an amount deemed adequate by the Commissioner to provide for administration of the proposed purchasing cooperative for a six-month period, in favor of the state and for the use and benefit of the state and of members and creditors of the cooperative. Such bond shall be for protection against insolvency; or against malfeasance, including fraud or theft of funds. The bond shall be conditioned as follows:
(1)
For prompt payment of premiums due;
(2)
For payment of all indebtedness of the corporation; and
(3)
For payment of costs incurred by the state in the administration of the corporation.
(b)
Any such bond filed or deposit made or remaining portion thereof held under this Code section shall be released and discharged upon settlement and termination of all liabilities against it.
(c)
Any health benefit plan offered through a purchasing cooperative must guarantee uninterrupted coverage for a six-month period in the event of the purchasing cooperative's insolvency, subject to timely payment of premiums due.
(d)
Examinations, rehabilitation, receivership, orders, and administrative supervision of health plan purchasing cooperatives shall be in accordance with this title.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 30A - HEALTH PLAN PURCHASING COOPERATIVES (§§ 33-30A-1 — 33-30A-11) › Section 33-30A-9 - Regulations

The Commissioner shall issue regulations in accordance with Code Section
33-2-9
for the administration of this chapter.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 30A - HEALTH PLAN PURCHASING COOPERATIVES (§§ 33-30A-1 — 33-30A-11) › Section 33-30A-10 - Fees

Fees collected by the Commissioner under this chapter shall be as authorized under Chapter 8 of this title.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 30A - HEALTH PLAN PURCHASING COOPERATIVES (§§ 33-30A-1 — 33-30A-11) › Section 33-30A-11 - Application of Chapter 6

Health plan purchasing cooperatives shall be subject to the provisions of Chapter 6 of this title.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 30B - SPENDING ACCOUNT OR CONSUMER DRIVEN HEALTH PLANS (§§ 33-30B-1 — 33-30B-7) › Section 33-30B-1 - Short title

This chapter shall be known and may be cited as the "Spending Account and Consumer Driven Health Plan Advancement Act."
Added by 2003 Ga. Laws 396, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 30B - SPENDING ACCOUNT OR CONSUMER DRIVEN HEALTH PLANS (§§ 33-30B-1 — 33-30B-7) › Section 33-30B-2 - Purpose

The purposes of this chapter are to provide enabling provisions for spending accounts and consumer driven health plans, provide statutory authorization for the establishment of such plans, and facilitate the advancement of such plans as a response to escalating costs of health care plans in this state. This chapter shall be construed and interpreted liberally to effectuate these purposes in as broad a manner as possible.
Added by 2003 Ga. Laws 396, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 30B - SPENDING ACCOUNT OR CONSUMER DRIVEN HEALTH PLANS (§§ 33-30B-1 — 33-30B-7) › Section 33-30B-3 - Definitions

As used in this chapter, the term:
(1)
"Consumer driven health plan" means a plan for the provision or reimbursement of health care services that makes available to enrolled individuals information on health, health care, the pricing of health care, and the pricing of health care services by particular providers. Such plan may, but is not required to, include a spending account feature and may either rely upon indemnity reimbursements for services or contracted amounts for health care services from providers.
(2)
"Plan" means an agreement between an individual and a plan sponsor or a declaration by an individual which defines services and benefit levels for which reimbursements will be made.
(3)
"Plan sponsor" means the group or individual entering into a contract with an insurer under which the insurer provides reimbursement to the plan for expenditures or obligations incurred for the provision of health care services over and above a certain attachment point.
(4)
"Spending account" includes, but is not limited to, medical spending accounts, health reimbursement arrangements, pre-tax benefit spending accounts, and other forms of funding for health care goods and services. As such, the source of funding may be from an individual, an employer, an employee, or a combination of sources, as appropriate.
Added by 2003 Ga. Laws 396, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 30B - SPENDING ACCOUNT OR CONSUMER DRIVEN HEALTH PLANS (§§ 33-30B-1 — 33-30B-7) › Section 33-30B-4 - Group or individual participation; administration of plan

(a)
A spending account plan or consumer driven health plan may be written in this state for a group or for an individual. Such plan may contain a spending account feature which will provide the first-dollar payments for health care services up to a designated amount. Group plans may, but are not required to, provide for a uniform spending account limit. An individual plan may incorporate a spending account feature with a limit not exceeding $10,000.00 annually.
(b)
All spending accounts shall be in the name of the individual for which the spending account has been established but may be administered in accordance with the applicable plan.
Added by 2003 Ga. Laws 396, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 30B - SPENDING ACCOUNT OR CONSUMER DRIVEN HEALTH PLANS (§§ 33-30B-1 — 33-30B-7) › Section 33-30B-5 - Relationship between spending account and attachment point for insurance reimbursement

For any plan having a spending account feature, the amount of the spending account is not required to be the same as the attachment point for insurance reimbursements. If the attachment point for insurance reimbursements to the plan is higher than the amount contained in the spending account, a notice describing the monetary gap for which an individual will be liable shall be given to the holder of the spending account.
Added by 2003 Ga. Laws 396, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 30B - SPENDING ACCOUNT OR CONSUMER DRIVEN HEALTH PLANS (§§ 33-30B-1 — 33-30B-7) › Section 33-30B-6 - Requirements for insurance contract

The insurance contract providing reimbursements for expenditures for health care services incurred by the plan may be a stop-loss, specific excess and aggregate, or other similar contract. It may be written by an insurer licensed for life, accident, and sickness insurance under Code Section
33-7-2
or by an insurer licensed for casualty insurance under Code Section
33-7-3
. In either case, the contract shall be in the name of the plan as the contract holder and shall contain at least the following:
(1)
The attachment point after which the payments by the insurer will be made;
(2)
The amounts for allowable spending accounts;
(3)
An attachment containing the plan document;
(4)
A conspicuous disclosure on the first page of the contract that it is not a policy of accident and sickness insurance; and
(5)
All other relevant terms and conditions.
Added by 2003 Ga. Laws 396, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 30B - SPENDING ACCOUNT OR CONSUMER DRIVEN HEALTH PLANS (§§ 33-30B-1 — 33-30B-7) › Section 33-30B-7 - Interpretation; renewal of policy

(a)
A stop-loss or specific excess and aggregate contract issued under this chapter shall not be construed or interpreted as an accident and sickness insurance policy.
(b)
No stop-loss or specific excess and aggregate policy may be cancelled or nonrenewed because of the level of health care claims.
Added by 2003 Ga. Laws 396, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 31 - CREDIT LIFE INSURANCE AND CREDIT ACCIDENT AND SICKNESS INSURANCE (§§ 33-31-1 — 33-31-12) › Section 33-31-1 - Definitions

As used in this chapter, the term:
(1)
"Credit accident and sickness insurance" means insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is disabled as defined in the policy.
(2)
"Credit life insurance" means insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction.
(3)
"Creditor" means the lender of money or vendor or lessor of goods, services, property, rights, or privileges for which payment is arranged through a credit transaction or any successor to the right, title, or interest of any such lender, vendor, or lessor and an affiliate, associate, or subsidiary of any of them or any director, officer, or employee of any of them or any other person in any way associated with any of them.
(4)
"Debtor" means a borrower of money or a purchaser or lessee of goods, services, property, rights, or privileges for which payment is arranged through a credit transaction.
(5)
"Indebtedness" means the total amount payable by a debtor to a creditor in connection with a loan or other credit transaction.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 31 - CREDIT LIFE INSURANCE AND CREDIT ACCIDENT AND SICKNESS INSURANCE (§§ 33-31-1 — 33-31-12) › Section 33-31-2 - Applicability of chapter

(a)
Except as provided otherwise in subsection (c) of this Code section, all life insurance and all accident and sickness insurance sold in connection with loans or other credit transactions pursuant to a plan covering all debtors of a creditor or a class or classes of debtors shall be subject to this chapter, except such insurance sold in connection with a loan or other credit transaction of five years' duration or more.
(b)
Nothing in this chapter is intended to prohibit or discourage reasonable competition.
(c)
All life insurance and all accident and sickness insurance sold in connection with loans or other credit transactions pursuant to a plan covering all debtors of a creditor or a class or classes of debtors shall be subject to this chapter, except such insurance sold in connection with a loan or other credit transaction of more than ten years' duration.
Amended by 2019 Ga. Laws 140,§ 106, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 31 - CREDIT LIFE INSURANCE AND CREDIT ACCIDENT AND SICKNESS INSURANCE (§§ 33-31-1 — 33-31-12) › Section 33-31-3 - Issuance of policies generally

Credit life insurance and credit accident and sickness insurance shall be issued only in the following forms:
(1)
Individual policies of life insurance issued to debtors on the term plan;
(2)
Individual policies of accident and sickness insurance issued to debtors on a term plan or disability provisions in individual policies of credit life insurance;
(3)
Group policies of life insurance issued to creditors providing insurance upon the lives of debtors on the term plan; and
(4)
Group policies of accident and sickness insurance issued to creditors on a term plan insuring debtors or disability provisions in group life policies to provide the coverage.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 31 - CREDIT LIFE INSURANCE AND CREDIT ACCIDENT AND SICKNESS INSURANCE (§§ 33-31-1 — 33-31-12) › Section 33-31-4 - Amount of insurance

(a)
The amount of credit life insurance shall not exceed the indebtedness. Where indebtedness repayable in substantially equal installments is secured by an individual policy of credit life insurance, the amount of insurance shall not exceed the approximate unpaid indebtedness on the date of death and, where secured by a group policy of credit life insurance, shall not exceed the exact amount of unpaid indebtedness on that date.
(b)
The amount of indemnity payable by credit accident and sickness insurance in the event of disability, as defined in the policy, shall not exceed the aggregate of the periodic scheduled unpaid installments of indebtedness; and the amount of each periodic indemnity payment shall not exceed the original indebtedness divided by the number of periodic installments.
(c)
The limitations set forth in subsections (a) and (b) of this Code section shall not apply to insurance regulated under Chapter 3 of Title 7 as to loans made under that chapter.
(d)
Notwithstanding this Code section, credit life insurance in connection with agricultural loans not exceeding five years may be written up to the amount of the loan or loan commitment on the nondecreasing or level term plan.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 31 - CREDIT LIFE INSURANCE AND CREDIT ACCIDENT AND SICKNESS INSURANCE (§§ 33-31-1 — 33-31-12) › Section 33-31-5 - Date insurance becomes effective; duration and termination of insurance

The term of any credit life insurance or credit accident and sickness insurance shall commence, subject to acceptance by the insurer, on the date when the debtor becomes obligated to the creditor, except that, where a group policy provides coverage with respect to existing obligations, the insurance on a debtor with respect to the indebtedness shall commence on the effective date of the policy. In no event, however, in the case of a contract obligation involving future delivery or performance, must the insurance become effective before the date of such delivery or completion of such performance or before the date when all of the terms of the indebtedness are set forth in the contract or instrument creating the indebtedness. The term of the insurance shall not extend more than 15 days beyond the scheduled maturity date of the indebtedness, except when extended without additional cost to the debtor. If the indebtedness is discharged due to renewal or refinancing prior to the scheduled maturity date, the insurance in force shall be terminated before any new insurance may be issued in connection with the renewed or refinanced indebtedness. In all cases of termination prior to scheduled maturity, a refund shall be paid or credited as provided in Code Section
33-31-9
.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 31 - CREDIT LIFE INSURANCE AND CREDIT ACCIDENT AND SICKNESS INSURANCE (§§ 33-31-1 — 33-31-12) › Section 33-31-6 - Requirements as to issuance or delivery of policies generally

All policies of credit life insurance and credit accident and sickness insurance shall be delivered or issued for delivery in this state only by an insurer authorized to do an insurance business in this state and shall be issued only through holders of licenses issued by the Commissioner.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 31 - CREDIT LIFE INSURANCE AND CREDIT ACCIDENT AND SICKNESS INSURANCE (§§ 33-31-1 — 33-31-12) › Section 33-31-8 - Filing of forms with Commissioner; approval or disapproval

All forms, including policies, certificates of insurance, notices of proposed insurance, applications for insurance, binders, endorsements, and riders, together with the schedule of premiums therefor and the applicable maximum identifiable charges to debtors shall be filed with the Commissioner. The procedure for filing and approval of forms shall be in accordance with Code Section
33-24-9
. The Commissioner shall disapprove any form filed or withdraw any previous approval of such form if the benefits provided in such form are not reasonable in relation to the premium charges or if it contains provisions which are unjust, unfair, inequitable, misleading, deceptive, or which encourage misrepresentation of the policy.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 31 - CREDIT LIFE INSURANCE AND CREDIT ACCIDENT AND SICKNESS INSURANCE (§§ 33-31-1 — 33-31-12) › Section 33-31-10 - Filing and settlement of claims generally; manner of payment of claims

(a)
All claims shall be promptly reported to the insurer or its designated claim representative and the insurer shall maintain adequate claim files. All claims shall be settled as soon as possible and in accordance with the terms of the insurance contract.
(b)
All claims shall be paid either by draft drawn upon the insurer or by check of the insurer to the order of the claimant to whom payment of the claim is due pursuant to the policy provisions or, upon direction of the claimant, to one specified.
(c)
No plan or arrangement shall be used whereby any person, firm, or corporation other than the insurer or its designated claim representative shall be authorized to settle or adjust claims. The creditor shall not be designated as claim representative for the insurer in adjusting claims, provided that a group policyholder, by arrangement with the group insurer, may draw drafts or checks in payment of claims due to the group policyholder subject to audit and review by the insurer.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 31 - CREDIT LIFE INSURANCE AND CREDIT ACCIDENT AND SICKNESS INSURANCE (§§ 33-31-1 — 33-31-12) › Section 33-31-11 - Right of debtor to furnish insurance

When credit life insurance or credit accident and sickness insurance is required as additional security for any indebtedness, the debtor, upon written request to the creditor, shall have the option of furnishing the required amount of insurance through existing policies of insurance owned or controlled by him or of procuring and furnishing the required coverage through any insurer authorized to transact an insurance business within this state.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 31 - CREDIT LIFE INSURANCE AND CREDIT ACCIDENT AND SICKNESS INSURANCE (§§ 33-31-1 — 33-31-12) › Section 33-31-12 - Promulgation of rules and regulations; enforcement of provisions; penalties for violations

(a)
The Commissioner after notice and hearing may issue such rules and regulations as he deems appropriate for the supervision of this chapter, including regulation of maximum premiums or maximum charges to debtors for all credit life or credit accident and sickness insurance. Whenever the Commissioner finds that there has been a violation of this chapter or of any rules or regulations issued pursuant to this chapter, after written notice of the violation and hearing given to the insurer or other person authorized or licensed by the Commissioner he shall set forth the details of his findings together with an order for compliance by a specified date. The order shall be binding on the insurer and other person authorized or licensed by the Commissioner on the date specified, unless previously withdrawn by the Commissioner.
(b)
In addition to any other penalty provided by law, any person who violates an order of the Commissioner after it has become final and while the order is in effect, upon proof of the violation to the satisfaction of the court, shall forfeit and pay to this state a sum not to exceed $250.00, which may be recovered in a civil action, except that if such violation is found to be willful, the amount of such penalty shall be a sum not to exceed $1,000.00. The Commissioner, in his discretion, may revoke or suspend the license or certificate of authority of the person guilty of such violation. The order for suspension or revocation shall be subject to judicial review as provided in Chapter 2 of this title.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 32 - PROPERTY INSURANCE (§§ 33-32-1 — 33-32-11) › Article 1 - [GENERAL PROVISIONS] (§§ 33-32-1 — 33-32-6) › Section 33-32-1 - Standard fire policy

(a)
No policy of fire insurance covering property located in this state shall be made, issued, or delivered unless it conforms as to all provisions and the sequence of the standard or uniform form prescribed by the Commissioner, except that, with regard to multiple line coverage providing other kinds of insurance combined with fire insurance, this Code section shall not apply if the policy contains, with respect to the fire portion of the policy, language at least as favorable to the insured as the applicable portions of the standard fire policy and such multiple line policy has been approved by the Commissioner.
(b)
The Commissioner shall file and maintain on file in his office a true copy of the standard fire policy designated as such and bearing the Commissioner's authenticating certificate and signature and the date of filing. The standard fire insurance policy shall not be required for casualty insurance, marine and transportation insurance, or insurance on growing crops. Insurers issuing the standard fire insurance policy are authorized to affix to or include in such policy a written statement that the policy does not cover loss or damage caused by nuclear reaction or nuclear radiation or radioactive contamination, whether directly or indirectly resulting from an insured peril under the policy; provided, however, that nothing contained in this Code section shall be construed to prohibit the attachment to any such policy of an endorsement or endorsements specifically assuming loss or damage caused by nuclear reaction or nuclear radiation or radioactive contamination.
Amended by 2024 Ga. Laws 476,§ 1, eff. 7/1/2024.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 32 - PROPERTY INSURANCE (§§ 33-32-1 — 33-32-11) › Article 1 - [GENERAL PROVISIONS] (§§ 33-32-1 — 33-32-6) › Section 33-32-2 - Coverage of personal property changing in specifics

A policy of insurance may be made to cover personal property changing in its specifics.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 32 - PROPERTY INSURANCE (§§ 33-32-1 — 33-32-11) › Article 1 - [GENERAL PROVISIONS] (§§ 33-32-1 — 33-32-6) › Section 33-32-3 - Privilege of rebuilding or reinstating property sustaining loss or damage

The privilege of rebuilding or reinstating property sustaining loss or damage shall not exist unless it is reserved in the policy.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 32 - PROPERTY INSURANCE (§§ 33-32-1 — 33-32-11) › Article 1 - [GENERAL PROVISIONS] (§§ 33-32-1 — 33-32-6) › Section 33-32-4 - Refund of premium payments where insured sustaining total loss of property receives less than maximum amount payable under policy

In the event of a total loss of property, if an insurer shall pay to the insured an amount less than the maximum amount authorized to be paid under an insurance policy covering the property, the insurer shall refund to the insured the difference between the amount of premiums actually paid for the insurance policy and the amount of premiums which would have been charged for a property insurance policy having a maximum amount payable equal to the amount actually paid by the insurer to the insured.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 32 - PROPERTY INSURANCE (§§ 33-32-1 — 33-32-11) › Article 1 - [GENERAL PROVISIONS] (§§ 33-32-1 — 33-32-6) › Section 33-32-5 - Amount of insurance in certain fire policies deemed conclusive as to value of property covered

(a)
Whenever any policy of insurance is issued to a natural person or persons or to any legal entity wholly owned by a natural person or persons insuring a specifically described one or two family residential building or structure located in this state against loss by fire and the building or structure is wholly destroyed by fire without fraudulent or criminal fault on the part of the insured or one acting in his or her behalf, the amount of insurance set forth in the policy relative to the building or structure shall be taken conclusively to be the value of the property, except to the extent of any depreciation in value occurring between the date of the policy or its renewal and the loss, provided that, if loss occurs within 30 days of the original effective date of the policy, the insured shall be entitled to the actual loss sustained not exceeding the sum insured. Nothing in this Code section shall be construed as prohibiting the use of coinsurance or as preventing the insurer from repairing or replacing damaged property at its own expense without contribution on the part of the insured.
(b)
Subsection (a) of this Code section shall not apply where:
(1)
The building or structure is not wholly destroyed by fire;
(2)
Insurance policies are issued or renewed by more than one company insuring the same building or structure against fire and the existence of the additional insurance is not disclosed by the insured to all insurers issuing policies;
(3)
Two or more buildings or structures are insured under a blanket form for a single amount of insurance; or
(4)
The completed value of a building or structure is insured under a builders' risk policy.
Amended by 2016 Ga. Laws 365,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 32 - PROPERTY INSURANCE (§§ 33-32-1 — 33-32-11) › Article 1 - [GENERAL PROVISIONS] (§§ 33-32-1 — 33-32-6) › Section 33-32-6 - Tobacco crop insurance coverage

Any insurer issuing a policy providing crop insurance coverage, other than federal crop insurance pursuant to
7 U.S.C. Section 1501
, et seq., for tobacco crops grown in this state against loss or damage due to wind, hail, or both shall make available such coverage for a term extending until such time as the tobacco crop is harvested, either as a part of or as an optional endorsement to such policy of crop insurance.
Amended by 2019 Ga. Laws 140,§ 108, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 32 - PROPERTY INSURANCE (§§ 33-32-1 — 33-32-11) › Article 2 - [INSURANCE ON SINGLE-FAMILY RESIDENTIAL PROPERTY, COMMERCIAL PROPERTY, OR MODULAR HOMES] (§§ 33-32-10 — 33-32-11) › Section 33-32-10 - [Scope]

(a)
This article shall apply to all insurers offering or providing insurance coverage in this state on single-family residential property, commercial property, or modular homes, as provided for in Code Section 33-32-11.
(b)
As used in this article, the term:
(1)
"Insurable property" means a single-family residential property, commercial property, or modular home located in this state that satisfies the codes, standards, or techniques provided for in Code Section 33-32-11. Such term shall not include a manufactured home or mobile home located in this state, except where expressly provided for in subsection (c) of Code Section 33-32-11.
(2)
"Insurer" means any property and casualty insurance company offering or providing insurance coverage on one or more types of insurable property.
Added by 2024 Ga. Laws 476,§ 2, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 33 - FAIR ACCESS TO INSURANCE REQUIREMENTS (§§ 33-33-1 — 33-33-11) › Section 33-33-1 - Establishment of Fair Access to Insurance Requirements Plan and underwriting association

All insurers licensed to write and writing property insurance in this state on a direct basis are authorized, subject to approval and regulation by the Commissioner, to establish and maintain a Fair Access to Insurance Requirements (FAIR) Plan and to establish and maintain an underwriting association and to formulate and from time to time amend the plan and articles of association and rules and regulations in connection therewith and to assess and share on a fair and equitable basis all expenses, income, and losses incident to the Fair Access to Insurance Requirements Plan and underwriting association in a manner consistent with this chapter.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 33 - FAIR ACCESS TO INSURANCE REQUIREMENTS (§§ 33-33-1 — 33-33-11) › Section 33-33-2 - Requirements of plan and articles of association

The Fair Access to Insurance Requirements Plan and articles of association shall make provision for an underwriting association having authority on behalf of its members to cause to be issued property insurance policies, to reinsure in whole or in part any such policies, and to cede any such reinsurance. The plan and articles of association shall provide, among other things, for the perils to be covered; geographical area of coverage; compensation and commissions; assessments of members; the sharing of expenses, income, and losses on an equitable basis; cumulative weighted voting for the board of directors of the association; the administration of the plan and association; and any other matter necessary or convenient for the purpose of assuring fair access to insurance requirements.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 33 - FAIR ACCESS TO INSURANCE REQUIREMENTS (§§ 33-33-1 — 33-33-11) › Section 33-33-3 - Requirement of participation in plan by property insurers

(a)
Each insurer authorized to write and writing property insurance in this state shall be required to become and remain a member of the plan and the underwriting association and to comply with the requirements of the plan and the underwriting association as a condition of its authority to transact property insurance business.
(b)
Each insurer shall participate in the writings, expenses, profits, and losses of the association in the following manner:
(1)
For habitational risks, the same proportion as its habitational premiums written bear to the aggregate habitational premiums written by all insurers in the program; and
(2)
For commercial risks, the same proportion as its commercial premiums written bear to the aggregate commercial premiums written by all insurers in the program.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 33 - FAIR ACCESS TO INSURANCE REQUIREMENTS (§§ 33-33-1 — 33-33-11) › Section 33-33-4 - Powers of Commissioner generally

(a)
The directors of the association shall submit to the Commissioner, for review, a proposed Fair Access to Insurance Requirements Plan and articles of association consistent with this chapter.
(b)
The Fair Access to Insurance Requirements Plan and articles of association shall be subject to approval by the Commissioner and shall take effect ten days after having been approved by the Commissioner. If the Commissioner disapproves all or any part of the proposed plan and articles, the directors of the association shall within 30 days submit for review an appropriately revised plan and articles; and, if the directors fail to do so, the Commissioner shall thereafter promulgate such plan and articles consistent with this chapter.
(c)
The directors of the association may, on their own initiative or at the request of the Commissioner, amend the plan and articles, subject to approval by the Commissioner.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 33 - FAIR ACCESS TO INSURANCE REQUIREMENTS (§§ 33-33-1 — 33-33-11) › Section 33-33-5 - Modification by insurers of rates

In conformity with Chapter 9 of this title, insurers may make reasonable rate modifications for fire and extended coverage and such other classes of basic property insurance.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 33 - FAIR ACCESS TO INSURANCE REQUIREMENTS (§§ 33-33-1 — 33-33-11) › Section 33-33-6 - Liability for inspections and statements

There shall be no liability on the part of, and no cause of action of any nature shall arise against, insurers, any inspection bureau, placement facility, or underwriting association, or their directors, agents, or employees, or the Commissioner or his or her authorized representatives for any inspections undertaken or statements made by any of them concerning the property to be insured; and any reports and communications in connection therewith shall not be considered public documents.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 33 - FAIR ACCESS TO INSURANCE REQUIREMENTS (§§ 33-33-1 — 33-33-11) › Section 33-33-7 - Appeals from actions or decisions

Any person aggrieved by any action or decision of the administrators of the plan, the underwriting association, or of any insurer as a result of its participation in the plan may appeal to the Commissioner within 30 days from the date of the action or the decision. The Commissioner, after a hearing held upon proper notice, shall issue an order approving the action or decision or disapproving the action or decision with respect to the matter which is the subject of appeal. All final orders and decisions of the Commissioner shall be subject to judicial review as provided in Chapter 2 of this title.
Amended by 2019 Ga. Laws 140,§ 109, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 33 - FAIR ACCESS TO INSURANCE REQUIREMENTS (§§ 33-33-1 — 33-33-11) › Section 33-33-8 - Temporary insurance coverage for local public entity filing appeal of adverse underwriting decision

(a)
For the purposes of this Code section, the term "local public entity" means a county, municipality, or local board of education.
(b)
In the event the insurance coverage of a local public entity filing an appeal of an adverse underwriting decision of the association established pursuant to this chapter is scheduled to cancel or expire while such appeal is pending, the Commissioner shall direct the association to provide coverage authorized under this chapter on a temporary basis to the local public entity as provided in this Code section.
(c)
It shall be the duty of the local public entity to notify the Commissioner in writing at the same time the appeal is filed of the date its existing insurance coverage is to cancel or expire. Failure of the local public entity to notify the Commissioner as provided in this subsection shall render the local public entity ineligible for the temporary coverage authorized by this Code section. Upon receiving such notice, the Commissioner shall direct the association to provide coverage authorized under this chapter to the local public entity, shall specify the date such coverage is to be effective, and shall specify the date of termination of such coverage, which shall not be set prior to the date of the Commissioner's final order disposing of the issues on appeal. The premium for the temporary coverage provided by this Code section shall be paid in full by the local public entity at the time the coverage is issued by such method and in such manner as directed by the Commissioner.
(d)
Upon receipt of the notice from the public entity specified in subsection (c) of this Code section, the Commissioner shall notify such entity of the emergency property protection measures, if any, which will be required during the period of temporary coverage. Such measures may include the following:
(1)
Protection of physically damaged property from further damage;
(2)
Prevention or limitation of access to the premises;
(3)
Disconnection of utilities;
(4)
Installation of locks, alarms, or security lighting;
(5)
Inspections of the premises; or
(6)
Provision of security guards.
(e)
After ordering the temporary coverage required under subsection (b) of this Code section, the Commissioner shall cause notice of such action and any emergency protection measures pertaining to such coverage to be published in the legal organ of the county in which the property is located.
Amended by 2019 Ga. Laws 140,§ 110, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 33 - FAIR ACCESS TO INSURANCE REQUIREMENTS (§§ 33-33-1 — 33-33-11) › Section 33-33-9 - and 33-33-10 - Redesignated

Redesignated as Code Sections
33-33-6
and
33-33-7
by Ga. L. 1995, p. 629, § 1, effective April 18, 1995.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 33 - FAIR ACCESS TO INSURANCE REQUIREMENTS (§§ 33-33-1 — 33-33-11) › Section 33-33-11 - [Repealed] Termination date; outstanding obligations unimpaired

Ga. L. 1970, p. 282, § 10; Ga. L. 1975, p. 22, § 10; Ga. L. 1982, p. 875, §§ 1, 2; Ga. L. 1986, p. 508, § 1; Ga. L. 1990, p. 1283, § 1; repealed by Ga. L. 1995, p. 629, § 1, effective April 18, 1995.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 34 - MOTOR VEHICLE ACCIDENT REPARATIONS (§§ 33-34-1 — 33-34-9) › Section 33-34-1 - Short title

This chapter shall be known and may be cited as the "Georgia Motor Vehicle Accident Reparations Act."
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 34 - MOTOR VEHICLE ACCIDENT REPARATIONS (§§ 33-34-1 — 33-34-9) › Section 33-34-2 - Definitions

As used in this chapter, the term:
(1)
"Medical payments coverage" includes any coverage in which the insurer agrees to reimburse the insured and others for reasonable and necessary medical expenses and funeral expenses incurred as a result of bodily injury or death caused by a motor vehicle accident, without regard to the insured's liability for the accident. Coverage shall be available to the named insured, resident spouse, and any resident relative while occupying the covered motor vehicle, and to any other person legally occupying a covered motor vehicle. Expenses must be incurred for services rendered within three years from the date of the accident; provided, however, that nothing shall prevent an insurer from allowing a longer period of time. Any rule or regulation promulgated which expands or conflicts with this definition shall be null and void.
(2)
"Motor vehicle" means a vehicle having more than three load-bearing wheels of a kind required to be registered under the laws of this state relating to motor vehicles designed primarily for operation upon the public streets, roads, and highways and driven by power other than muscular power. The term includes a trailer drawn by or attached to such a vehicle and also includes without limitation a low-speed vehicle.
(3)
"Owner" means the natural person, corporation, firm, partnership, cooperative, association, group, trust, estate, organization, or other entity in whose name the motor vehicle has been registered. If no registration is in effect at the time of an accident involving the motor vehicle, the term means the natural person, corporation, firm, partnership, cooperative, association, group, trust, estate, organization, or other entity who holds the legal title to the motor vehicle or, in the event the motor vehicle is subject to a security agreement or lease with an option to purchase with the debtor or the lessee having the right to possession, the term means the debtor or the lessee.
(4)
"Self-insurer" means any owner who has on file with the Commissioner an approved plan of self-insurance which provides for coverages, benefits, and efficient claims handling procedures substantially equivalent to those afforded by a policy of automobile liability insurance that complies with all of the requirements of this chapter.
Amended by 2019 Ga. Laws 140,§ 111, eff. 7/1/2019.
Amended by 2002 Ga. Laws 501, § 1, eff. 4/25/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 34 - MOTOR VEHICLE ACCIDENT REPARATIONS (§§ 33-34-1 — 33-34-9) › Section 33-34-3.1 - Filing of rates and forms; optional coverage

(a)
All insurers writing private passenger automobile insurance in this state shall file rates and forms for medical payments coverage for a limit of at least $2,000.00 but may file rates for higher or lower limits. The requirement for filing forms and rates under this subsection shall not be construed as a requirement for the offering or quoting of medical payment coverages to insureds or as authority for the Commissioner to require the offering or quoting of such coverage.
(b)
Insurers may offer other optional coverage including combinations of sublimits and interests restricted to named insureds and resident relatives. Insurers may make collision, comprehensive, and loss of use coverages available as separate individual coverages and subject to differing levels of deductibles at the request of the policyholder.
(c)
Any rule or regulation promulgated which expands or conflicts with this Code section shall be null and void.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 34 - MOTOR VEHICLE ACCIDENT REPARATIONS (§§ 33-34-1 — 33-34-9) › Section 33-34-4 - Owner required to provide coverage

No owner of a motor vehicle required to be registered in this state or any other person, other than a self-insurer as defined in this chapter, shall operate or authorize any other person to operate the motor vehicle unless the owner has motor vehicle liability insurance equivalent to that required as evidence of security for bodily injury and property damage liability under Chapter 9 of Title 40, the "Motor Vehicle Safety Responsibility Act."
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 34 - MOTOR VEHICLE ACCIDENT REPARATIONS (§§ 33-34-1 — 33-34-9) › Section 33-34-5 - [Repealed] Vehicle not to be licensed until proof of insurance furnished

Amended by 2003 Ga. Laws 9, § 33, eff. 5/14/2003.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 34 - MOTOR VEHICLE ACCIDENT REPARATIONS (§§ 33-34-1 — 33-34-9) › Section 33-34-6 - Selection of motor vehicle repair facility

(a)
Subject to the provisions of subsection (b) of this Code section, no insurer shall represent to a person making a claim under a motor vehicle insurance policy that the use of or the failure to use a particular repair facility or particular repair facilities may result in the nonpayment of a claim.
(b)
No insurer shall require a person making a claim under a motor vehicle insurance policy to use a particular repair facility or particular repair facilities in order to settle a claim if the person making the claim can obtain the repair work on the motor vehicle at the same cost from another source.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 34 - MOTOR VEHICLE ACCIDENT REPARATIONS (§§ 33-34-1 — 33-34-9) › Section 33-34-7 - Continuation of coverage upon death of named insured or termination of marital relationship

Upon the death of or termination of the marital relationship of a named insured under a personal lines policy of insurance covering a private passenger motor vehicle, a spouse of said named insured who was covered under said policy of insurance immediately prior to the death or termination of the marital relationship shall upon notice to the insurer or agent of the insurer continue to be covered under said policy for a period of 90 days following such death or termination of marital relationship or until the expiration of the policy term, whichever is shorter. Every personal lines policy of insurance covering a private passenger motor vehicle shall contain a provision providing the coverage required by this Code section; and in the absence of such a provision in such a policy the policy shall be deemed to contain such a provision.