reglab/statecodes huggingface dataset:
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 33-34-8 - Rules and regulations

The Commissioner shall provide by rule or regulation procedures for the expeditious and efficient settlement of first-party property damage claims under personal private passenger motor vehicle policies. Such procedures may include, but shall not be limited to:
(1)
Loss of use reimbursements;
(2)
Cost of repairs;
(3)
Determination of fair market value on total losses;
(4)
Use of aftermarket parts;
(5)
Time limitations for payments of claims for property damage by insureds; and
(6)
Establishment of a panel for arbitration of disputed property damage claims where such claims involve total losses.
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 33-34-9 - Proceeds of insurance policy; limited access by insurers to records

(a)
Notwithstanding any other provision of law, in any claim involving a total loss of a vehicle which is subject to more than one lien, the proceeds of an insurance policy shall be applied to pay in full the debt owed to the senior lienholder before any proceeds of an insurance policy shall be applied to any other lien on the vehicle.
(b)
For the purpose of implementing this Code section, at the discretion of the state revenue commissioner, an insurer may be granted access via electronic means to individual motor vehicle records. Any such access shall be in accordance with Code Section
40-3-23
, and the Department of Revenue shall establish the application and approval process before allowing any such access. The information provided to an insurer pursuant to this Code section shall be limited to the verification of the vehicle owner's name, vehicle information, and any recorded security interests or liens as shown on the records of the Department of Revenue.
Amended by 2005 Ga. Laws 68,§ 13-2, eff. 7/1/2005.
Added by 2002 Ga. Laws 842, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 34A - VEHICLE PROTECTION PRODUCTS (§§ 33-34A-1 — 33-34A-13) › Section 33-34A-1 - Short title

This chapter shall be known and may be cited as the "Georgia Vehicle Protection Product Act."
Added by 2003 Ga. Laws 290, § 1, eff. 1/1/2004.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 34A - VEHICLE PROTECTION PRODUCTS (§§ 33-34A-1 — 33-34A-13) › Section 33-34A-2 - Definitions

As used in this chapter, the term:
(1)
"Administrator" means a third party other than the warrantor who is designated by the warrantor to be responsible for the administration of vehicle protection product warranties.
(2)
"Department" means the Department of Insurance.
(3)
"Service contract" means a contract or agreement as defined under Code Section
33-7-6
.
(4)
"Incidental costs" means expenses specified in the warranty incurred by the warranty holder related to the failure of the vehicle protection product to perform as provided in the warranty. Incidental costs may include, without limitation, insurance policy deductibles, rental vehicle charges, the difference between the actual value of the stolen vehicle at the time of theft and the cost of a replacement vehicle, sales taxes, registration fees, transaction fees, and mechanical inspection fees.
(5)
"Vehicle protection product" means a vehicle protection device, system, or service that:
(A)
Is installed on or applied to a vehicle;
(B)
Is designed to prevent loss or damage to a vehicle from a specific cause; and
(C)
Includes a written warranty.
For purposes of this chapter, the term "vehicle protection product" shall include, without limitation, alarm systems, body part marking products, steering locks, window etch products, pedal and ignition locks, fuel and ignition kill switches, and electronic, radio, and satellite tracking devices.
(6)
"Vehicle protection product warranty" or "warranty" means, for the purposes of this chapter, a written agreement by a warrantor that provides that if the vehicle protection product fails to prevent loss or damage to a vehicle from a specific cause, then the warranty holder shall be paid specified incidental costs by the warrantor as a result of the failure of the vehicle protection product to perform pursuant to the terms of the warranty.
(7)
"Vehicle protection product warrantor" or "warrantor" for the purposes of this chapter means a person who is contractually obligated to the warranty holder under the terms of the vehicle protection product warranty agreement. "Warrantor" does not include an authorized insurer.
(8)
"Warranty holder" for the purposes of this chapter means the person who purchases a vehicle protection product or who is a permitted transferee.
(9)
"Warranty reimbursement insurance policy" means a policy of insurance that is issued to the vehicle protection product warrantor to provide reimbursement to the warrantor or to pay on behalf of the warrantor all covered contractual obligations incurred by the warrantor under the terms and conditions of the insured vehicle protection product warranties sold by the warrantor.
Amended by 2019 Ga. Laws 140,§ 114, eff. 7/1/2019.
Amended by 2013 Ga. Laws 33,§ 33, eff. 4/24/2013.
Amended by 2005 Ga. Laws 19,§ 33, eff. 4/7/2005.
Added by 2003 Ga. Laws 290, § 1, eff. 1/1/2004.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 34A - VEHICLE PROTECTION PRODUCTS (§§ 33-34A-1 — 33-34A-13) › Section 33-34A-3 - Compliance with chapter; vehicle manufacturers not required to comply

(a)
No vehicle protection product may be sold or offered for sale in this state unless the seller, warrantor, and administrator, if any, comply with the provisions of this chapter.
(b)
Vehicle protection product warrantors and related vehicle protection product sellers and warranty administrators complying with this chapter are not required to comply with and are not subject to any other provision of this title.
(c)
Service contract providers who do not sell vehicle protection products are not subject to the requirements of this chapter and sales of vehicle protection products are exempt from the requirements of Code Section
33-7-6
.
(d)
Warranties, indemnity agreements, and guarantees that are not provided as a part of a vehicle protection product are not subject to the provisions of this chapter.
(e)
Vehicle manufacturers shall not be subject to any of the provisions of this chapter.
Added by 2003 Ga. Laws 290, § 1, eff. 1/1/2004.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 34A - VEHICLE PROTECTION PRODUCTS (§§ 33-34A-1 — 33-34A-13) › Section 33-34A-4 - Representation as warrantor; filing of registration records; fees; renewal of registration

(a)
A person may not operate as a warrantor or represent to the public that the person is a warrantor unless the person is registered with the department on a form prescribed by the Commissioner.
(b)
Warrantor registration records shall be filed annually and shall be updated within 30 days of any change. The registration records shall contain the following information:
(1)
The warrantor's name, any fictitious names under which the warrantor does business in this state, principal office address, and telephone number;
(2)
The name and address of the warrantor's agent for service of process in this state if other than the warrantor;
(3)
The names of the warrantor's executive officer or officers directly responsible for the warrantor's vehicle protection product business;
(4)
The name, address, and telephone number of any administrators designated by the warrantor to be responsible for the administration of vehicle protection product warranties in this state;
(5)
A copy of the warranty reimbursement insurance policy or policies or other financial information required by Code Section
33-34-5
; and
(6)
A copy of each warranty the warrantor proposes to use in this state.
(c)
The Commissioner may charge each registrant a reasonable fee to offset the cost of processing the registration and maintaining the records in an amount not to exceed $750.00 annually. The information in paragraphs (1) and (2) of subsection (b) of this Code section shall be made available to the public.
(d)
If a registrant fails to register by the renewal deadline, the Commissioner shall give him or her written notice of the failure and the registrant will have 30 days to complete the renewal of his or her registration before he or she is suspended from being registered in this state.
(e)
An administrator or person who sells or solicits a sale of a vehicle protection product but who is not a warrantor shall not be required to register as a warrantor or be licensed under the insurance laws of this state to sell vehicle protection products.
Added by 2003 Ga. Laws 290, § 1, eff. 1/1/2004.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 34A - VEHICLE PROTECTION PRODUCTS (§§ 33-34A-1 — 33-34A-13) › Section 33-34A-5 - Required warranty reimbursement insurance policy

No vehicle protection product shall be sold or offered for sale in this state unless the vehicle protection product warrantor is insured under warranty insurance policy meeting the following conditions in order to ensure adequate performance under the warranty:
(1)
The warranty reimbursement insurance policy is issued by an insurer authorized to do business in this state and provides that the insurer will pay to, or on behalf of, the warrantor 100 percent of all sums that the warrantor is legally obligated to pay according to the warrantor's contractual obligations under the warrantor's vehicle protection product warranty;
(2)
A true and correct copy of the warranty reimbursement insurance policy has been filed with the Commissioner by the warrantor; and
(3)
The policy contains the provision required in Code Section
33-34A-6
.
No other financial security requirements or financial standards for warrantors shall be required.
Added by 2003 Ga. Laws 290, § 1, eff. 1/1/2004.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 34A - VEHICLE PROTECTION PRODUCTS (§§ 33-34A-1 — 33-34A-13) › Section 33-34A-6 - Conditions for warranty reimbursement insurance policies

No warranty reimbursement insurance policy shall be issued, sold, or offered for sale in this state unless the policy meets the following conditions:
(1)
The policy states that the issuer of the policy will reimburse or pay on behalf of the vehicle protection product warrantor all covered sums which the warrantor is legally obligated to pay or will provide that all service that the warrantor is legally obligated to perform according to the warrantor's contractual obligations under the provisions of the insured warranties sold by the warrantor;
(2)
The policy states that in the event payment due under the terms of the warranty is not provided by the warrantor within 60 days after proof of loss has been filed according to the terms of the warranty by the warranty holder, the warranty holder may file directly with the warranty reimbursement insurance company for reimbursement;
(3)
The policy provides that a warranty reimbursement insurance company that insures a warranty shall be deemed to have received payment of the premium if the warranty holder paid for the vehicle protection product and insurer's liability under the policy shall not be reduced or relieved by a failure of the warrantor, for any reason, to report the issuance of a warranty to the insurer; and
(4)
The policy has the following provisions regarding cancellation of the policy:
(A)
The issuer of a reimbursement insurance policy shall not cancel such policy until a notice of cancellation in writing has been mailed or delivered to the Commissioner and each insured warrantor;
(B)
The cancellation of a reimbursement insurance policy shall not reduce the issuer's responsibility for vehicle protection products sold prior to the date of cancellation; and
(C)
In the event an insurer cancels a policy that a warrantor has filed with the Commissioner, the warrantor shall do either of the following:
(i)
File a copy of a new policy with the Commissioner, before the termination of the prior policy, provided that there is no lapse in coverage following the termination of the prior policy; or
(ii)
Discontinue acting as a warrantor as of the termination date of the policy until a new policy becomes effective and is accepted by the Commissioner.
Added by 2003 Ga. Laws 290, § 1, eff. 1/1/2004.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 34A - VEHICLE PROTECTION PRODUCTS (§§ 33-34A-1 — 33-34A-13) › Section 33-34A-7 - Required statements in warranty; required information to be provided to purchaser

(a)
Every vehicle protection product warranty shall be written in clear, understandable language and shall be printed or typed in an easy-to-read point size and font and shall not be sold or offered for sale in the state unless the warranty:
(1)
Conspicuously states that the obligations of the warrantor to the warranty holder are guaranteed under a warranty reimbursement insurance policy;
(2)
Conspicuously states that in the event a warranty holder must make a claim against a party other than the warranty reimbursement insurance policy issuer, the warranty holder is entitled to make a direct claim against the insurer upon the failure of the warrantor to pay any claim or meet any obligation under the terms of the warranty within 60 days after proof of loss has been filed with the warrantor;
(3)
Conspicuously states the name and address of the issuer of the warranty reimbursement insurance policy. This information need not be preprinted on the warranty form but may be stamped on the warranty;
(4)
Identifies the warrantor, the seller, and the warranty holder;
(5)
Sets forth the total purchase price and the terms under which it is to be paid; however, the purchase price is not required to be preprinted on the vehicle protection product warranty and may be negotiated with the consumer at the time of sale;
(6)
Sets forth the procedure for making a claim, including a telephone number;
(7)
Conspicuously states the existence of a deductible amount, if any;
(8)
Specifies the payments or performance to be provided under the warranty including payments for incidental costs, the manner of calculation or determination of payments or performance, and any limitations, exceptions, or exclusions;
(9)
Sets forth the conditions on which substitution will be allowed;
(10)
Conspicuously sets forth all of the obligations and duties of the warranty holder such as the duty to protect against any further damage to the vehicle, the obligation to notify the warrantor in advance of any repair, or other similar requirements, if any;
(11)
Sets forth any terms, restrictions, or conditions governing transferability of the warranty, if any; and
(12)
Contains a disclosure that reads substantially as follows: "This agreement is a product warranty and is not insurance."
(b)
At the time of sale, the seller or warrantor shall provide to the purchaser:
(1)
A copy of the vehicle protection product warranty; or
(2)
A receipt or other written evidence of the purchase of the vehicle protection product and a copy of the warranty within 30 days of the date of purchase.
Added by 2003 Ga. Laws 290, § 1, eff. 1/1/2004.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 34A - VEHICLE PROTECTION PRODUCTS (§§ 33-34A-1 — 33-34A-13) › Section 33-34A-8 - Cancellation of vehicle protection product; written notice of cancellation

(a)
No vehicle protection product may be sold or offered for sale in this state unless the vehicle protection product warranty clearly states the terms and conditions governing the cancellation of the sale and warranty, if any.
(b)
The warrantor may only cancel the warranty if the warranty holder does any of the following:
(1)
Fails to pay for the vehicle protection product;
(2)
Makes a material misrepresentation to the seller or warrantor;
(3)
Commits fraud; or
(4)
Substantially breaches the warranty holder's duties under the warranty.
(c)
A warrantor canceling a warranty shall mail written notice of cancellation to the warranty holder at the last address of the warranty holder in the warrantor's records at least 30 days prior to the effective date of the cancellation. The notice shall state the effective date of the cancellation and the reason for the cancellation.
Added by 2003 Ga. Laws 290, § 1, eff. 1/1/2004.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 34A - VEHICLE PROTECTION PRODUCTS (§§ 33-34A-1 — 33-34A-13) › Section 33-34A-9 - Prohibited words in product contract; false or misleading statements prohibited; requiring as condition for loan prohibited

(a)
Unless licensed as an insurance company, a vehicle protection product warrantor shall not use in its name, contracts, or literature the words "insurance," "casualty," "surety," "mutual," or any other word that is descriptive of the insurance, casualty, or surety business or that is deceptively similar to the name or description of any insurance or surety corporation or any other vehicle protection product warrantor. A warrantor may use the term "guaranty" or a similar word in the warrantor's name.
(b)
A vehicle protection product warrantor shall not make, permit, or cause any false or misleading statements, either oral or written, in connection with the sale, offer to sell, or advertisement of a vehicle protection product.
(c)
A vehicle protection product warrantor shall not permit or cause the omission of any material statement in connection with the sale, offer to sell, or advertisement of a vehicle protection product, which under the circumstances should have been made in order to make the statements that were made not misleading.
(d)
A vehicle protection product warrantor shall not make, permit, or cause any false or misleading statements, either oral or written, about the performance required or payments that may be available under the vehicle protection product warranty.
(e)
A vehicle protection product warrantor shall not make, permit, or cause any statement or practice that has the effect of creating or maintaining a fraud.
(f)
A bank, savings and loan association, insurance company, or other lending institution shall not require the purchase of a vehicle protection product as a condition of a loan.
(g)
A vehicle protection product seller or warrantor may not require as a condition of sale or financing that a retail purchaser of a motor vehicle purchase a vehicle protection product that is not installed on the motor vehicle at the time of sale.
Added by 2003 Ga. Laws 290, § 1, eff. 1/1/2004.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 34A - VEHICLE PROTECTION PRODUCTS (§§ 33-34A-1 — 33-34A-13) › Section 33-34A-10 - Required records; period of retention; examination by Commissioner

(a)
All vehicle protection product warrantors shall keep accurate accounts, books, and records concerning transactions regulated under this chapter.
(b)
A vehicle protection product warrantor's accounts, books, and records shall include:
(1)
Copies of all vehicle protection product warranties;
(2)
The name and address of each warranty holder; and
(3)
The dates, amounts, and descriptions of all receipts, claims, and expenditures.
(c)
A vehicle protection product warrantor shall retain all required accounts, books, and records pertaining to each warranty holder for at least two years after the specified period of coverage has expired. A warrantor discontinuing business in the state shall maintain its records until it furnishes the Commissioner satisfactory proof that is has discharged all obligations to warranty holders in this state.
(d)
Vehicle protection product warrantors shall make all accounts, books, and records concerning transactions regulated under this chapter available to the Commissioner for the purpose of examination.
Added by 2003 Ga. Laws 290, § 1, eff. 1/1/2004.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 34A - VEHICLE PROTECTION PRODUCTS (§§ 33-34A-1 — 33-34A-13) › Section 33-34A-12 - Adoption of rules and regulations

The Commissioner shall adopt rules and regulations which include disclosures for the benefit of the warranty holder, record keeping, and procedures for public complaints. Such rules and regulations shall also include the conditions under which surplus lines insurers may be rejected for the purpose of underwriting vehicle protection product warranty agreements.
Amended by 2019 Ga. Laws 140,§ 115, eff. 7/1/2019.
Added by 2003 Ga. Laws 290, § 1, eff. 1/1/2004.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 34A - VEHICLE PROTECTION PRODUCTS (§§ 33-34A-1 — 33-34A-13) › Section 33-34A-13 - [Repealed]

Amended by 2020 Ga. Laws 521,§ 33, eff. 7/29/2020.
Amended by 2019 Ga. Laws 140,§ 116, eff. 7/1/2019.
Added by 2003 Ga. Laws 290, § 1, eff. 1/1/2004.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-1 - Purposes of chapter; legislative findings of fact

(a)
The purposes of this chapter are to provide for the registration of prepaid legal services plans, to promote access to quality legal services at the lowest possible price, and to regulate the development and operation of prepaid legal services plans; and it is the intention of the General Assembly that this chapter be interpreted as liberally as necessary to accomplish these purposes.
(b)
The General Assembly finds that insurers authorized to transact casualty, life, or accident and sickness insurance in this state are authorized to write policies for prepaid legal services. The General Assembly further finds that there exists no other specific framework within the insurance laws of this state designed to regulate prepaid legal services. Because of the interest of the state in the controlled development of new methods for providing legal services, exertion of the state's power is necessary for the protection of its citizens.
Amended by 2019 Ga. Laws 140,§ 117, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-2 - Definitions

As used in this chapter, the term:
(1)
"Advertising" means any communication, other than a solicitation, as defined in paragraph (5) of this Code section, to the public or any segment of the public by means of radio, television, newspaper, magazine, periodical, brochure, pamphlet, circular, or any other means, the apparent purpose or reasonable effect of which would be to convey information purporting to relate to or describe legal rights, legal services, attorneys, or prepaid legal services plans.
(2)
"Insurer" means an insurer authorized to transact casualty, life, or accident and sickness insurance in this state.
(3)
"Legal services" means any services normally provided by an attorney as well as the payment of court costs and related expenses incurred in the exercise of any right, but not including the payment of fines, penalties, judgments, or assessments.
(4)
"Prepaid legal services plan" or "plan" means any arrangement whereby responsibility is undertaken to provide, arrange for, pay for, or reimburse any part of the cost of any legal services for a consideration consisting in part of prepaid or periodic charges or dues.
(5)
"Solicitation" means any written or oral communication in person or by means of telephone, radio, television, newspaper, magazine, periodical, brochure, circular, or otherwise of any offer of coverage in a prepaid legal services plan, any invitation or request to enroll in a prepaid legal services plan, any attempt to obtain consideration for the coverage of a prepaid legal services plan, or any other device, the apparent purpose or reasonable effect of which would be to induce the recipient of such communication to enroll in or pay any consideration for the coverage provided by a prepaid legal services plan.
(6)
"Sponsor" means any person, group, or fraternal or benevolent organization, including but not limited to insurers; corporations; partnerships; trusts; labor, craft, or other unions; or other entities which establish or operate prepaid legal services plans.
(7)
"Subscriber" means any person who has been enrolled in a prepaid legal services plan and is entitled to receive the benefits provided in the plan.
(8)
"Subscription contract" means any contract signed by an authorized representative of a prepaid legal services plan and an individual or an authorized representative of his group or employer or labor union or other entity with which he is affiliated under which the individual becomes a subscriber to the plan.
Amended by 2019 Ga. Laws 140,§ 118, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-3 - Benefits excluded from chapter application

This chapter shall not apply to the benefits available under automobile club membership contracts and automobile liability insurance policies which supply limited legal services or reimbursement for legal services in automobile related matters under certificates of authority issued by the Commissioner, to any legal aid or other legal services program for the indigent, or to any employer-employee legal services plan which is excluded from this chapter by the federal Employee Retirement Income Security Act of 1974.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-4 - Licenses required for sponsors of prepaid legal services plans; license fee; endorsement of change of address on license; requirements as to applications for licenses generally

(a)
No person other than an insurer, as defined in paragraph (2) of Code Section
33-35-2
, shall act as a sponsor or enter into any contract with an individual person or persons whereby such person or persons become subscribers to a prepaid legal services plan without first having obtained a license from the Commissioner to act as sponsor of prepaid legal services in this state.
(b)
The annual license fee shall be as provided in Code Section
33-8-1
. The fee for the license shall be paid to the Commissioner for the use of the state on or before March 1 of each year.
(c)
Before any licensee changes his address, he shall return his license to the Commissioner who shall endorse the license, indicating the change.
(d)
The person to whom the license or the renewal of such license may be issued shall file sworn answers, subject to the penalties of perjury, to such interrogatories as the Commissioner may require. The Commissioner shall have authority at any time to require the applicant fully to disclose the identity of all stockholders, partners, officers, and employees; and he may in his discretion refuse to issue or renew a license in the name of any firm, partnership, or corporation if he is not satisfied that any officer, employee, stockholder, or partner of the firm, partnership, or corporation who may materially influence the applicant's conduct meets the standards of this chapter.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-5 - Procedure for issuance or denial of licenses generally; standards for issuance or renewal of licenses generally

(a)
Upon the filing of an application and the payment of the license fee, the Commissioner shall make an investigation of each applicant and shall issue a license if he finds the applicant is qualified in accordance with this chapter. If the Commissioner does not so find, he shall within 90 days after he has received such application notify the applicant and, at the request of the applicant, give the applicant a full hearing.
(b)
The Commissioner shall issue or renew a license as may be applied for when he is satisfied that the person to be licensed:
(1)
Is competent and trustworthy and intends to act in good faith as a sponsor of prepaid legal services plans in this state;
(2)
Has a good business reputation and has had experience, training, or education so as to be qualified to act as a sponsor of prepaid legal services plans; and
(3)
If a corporation, is a corporation incorporated under the laws of this state or a foreign corporation authorized to transact business in this state.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-6 - Minimum capital, surplus, and bond requirements

No license or renewal license under this chapter shall be issued to a sponsor other than an insurer as defined in paragraph (2) of Code Section
33-35-2
, unless such sponsor:
(1)
Shall possess as minimum capital and thereafter maintain a minimum balance of at least $5,000.00 in its capital accounts as shown in its annual report to the Commissioner; provided, however, that the Commissioner shall in his discretion require such higher amounts of capital as he deems necessary for the protection of the public;
(2)
Shall deposit with the Commissioner securities acceptable to the Commissioner in the amount of $25,000.00 or shall file with the Commissioner a bond to be approved by the Commissioner and made payable to the Commissioner or his successors in office, which bond is executed by such applicant as principal and by a corporate surety authorized to do business in this state in the penal sum of $25,000.00, conditioned that the sponsor will conduct his business in accordance with this chapter and the laws of this state and that the sponsor will properly account for all moneys collected in connection therewith. The bond shall remain in full force and effect until the surety is released from liability by the Commissioner or until the bond is canceled by the surety and the bond shall not be canceled or terminated unless prior to the cancellation or termination 30 days' written notice is filed with the Commissioner; and
(3)
Shall maintain such minimum surplus as the Commissioner may require, which shall be at least 25 percent of its anticipated income over a two-year period calculated on the basis of estimates of premium writings for two-year and five-year periods which shall be filed with the Commissioner as a part of the sponsors' rate filing required under Code Section
33-35-11
.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-7 - Grounds and procedure for revocation, suspension, or refusal to renew licenses; imposition of probation or fine; review

(a)
The Commissioner may revoke, suspend, or refuse to renew the license of any sponsor when and if, after investigation, the Commissioner finds that:
(1)
Any license issued to the sponsor was obtained by fraud;
(2)
There was any misrepresentation in the application for the license;
(3)
The sponsor has otherwise shown itself untrustworthy or incompetent to act as a sponsor;
(4)
The sponsor has violated any of the provisions of this chapter or of the rules and regulations of the Commissioner;
(5)
The sponsor has misappropriated, converted, illegally withheld, or refused to pay over upon proper demand any moneys entrusted to the sponsor in its fiduciary capacity belonging to an insurer or insured; or
(6)
The sponsor is found to be in an unsound condition or in such condition as to render the future transaction of business in this state hazardous to the public.
(b)
Before the Commissioner shall revoke, suspend, or refuse to renew the license of any sponsor, he shall give to that person an opportunity to be heard fully and to introduce evidence in his behalf.
(c)
In lieu of revoking, suspending, or refusing to renew the license for any of the causes enumerated in subsection (a) of this Code section, after hearing as provided in this subsection the Commissioner may place the sponsor on probation for a period of time not to exceed one year or may fine the sponsor not more than $2,000.00 for each offense, or do both, when, in the Commissioner's judgment he or she finds that the public interest would not be harmed by the continued operation of the sponsor. The amount of any penalty shall be paid by such sponsor to the Commissioner for the use of the state.
(d)
At any hearing provided by this Code section, the Commissioner shall have authority to administer oaths to witnesses. Anyone testifying falsely after having been administered the oath shall be subject to the penalty of perjury.
(e)
Any action of the Commissioner taken pursuant to this Code section shall be subject to such review as may be provided in Chapter 2 of this title.
Amended by 2019 Ga. Laws 140,§ 119, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-9 - Sale of subscription contracts

(a)
Nothing contained in this Code section shall be deemed to prohibit an insurer authorized to transact casualty, life, or accident and sickness insurance in this state from selling or offering for sale in this state individually underwritten and individually issued policies of prepaid legal services insurance on policy forms which have been approved by the Commissioner pursuant to Chapter 9 of this title.
(b)
This Code section shall not apply to any subscription contracts negotiated and issued in accordance with Section 302C of the Labor Management Relations Act of 1947 (87 Stat. 314,
29 U.S.C.A. Section 186(c)(8)
).
(c)
This Code section shall not apply in the event that prior to April 1, 1976, legal services plans' coverages are mandated by any applicable state or federal laws or court decisions.
Amended by 2019 Ga. Laws 140,§ 120, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-10 - Powers of sponsors to contract for provision of legal and administrative services

(a)
(1)
The sponsor of any prepaid legal services plan or authorized representative of the plan may contract with any company licensed to transact casualty, life, or accident and sickness insurance in this state under which contracts the company agrees for a consideration consisting of a specified premium to assume the monetary obligations of the plan to provide or pay for the legal services covered by the subscription contracts issued under such plan upon the failure of the plan itself to meet such obligations within a specified period. The duration of the contract shall not be longer than three years and each contract shall be filed with and subject to the approval of the Commissioner for the fairness of its terms and premiums. The contracts shall be deemed to be approved 90 days after the date of filing with the Commissioner, unless prior to the expiration of such 90 day period the Commissioner notifies the sponsor of the prepaid legal services plan in writing of the Commissioner's disapproval.
(2)
Any sponsor entering into such contracts shall fairly disclose to all subscribers affected by them the nature and extent of the extra protection provided by them. Any plan having lawful access to any other source of funds besides the premiums collected, which may be used to meet the obligations of the plan under its subscription contracts, shall make similar fair disclosure to affected subscribers.
(3)
Any sponsor which seeks to limit its liability under its subscription contracts to the total of funds collected in premiums from subscribers shall state such limitation clearly and prominently in all subscription contracts.
(b)
Any sponsor of any prepaid legal services plan or authorized representative of the plan may contract with any person to provide administrative services necessary to the administration of the plan and the subscription contracts issued under such plan. The duration of the contracts shall not be longer than three years, and each contract shall be filed with and subject to the approval of the Commissioner as to the fairness of its terms. The contracts shall be deemed to be approved 90 days after the date of filing with the Commissioner, unless prior to the expiration of the 90 day period the Commissioner notifies the sponsor of the prepaid legal services plan in writing of the Commissioner's disapproval.
Amended by 2019 Ga. Laws 140,§ 121, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-11 - Submission to Commissioner of underwriting rules and rates, premiums, or fees; approval or disapproval

(a)
No sponsor of any prepaid legal services plan or authorized representative of the plan shall enter into any contract with subscribers unless and until the sponsor has filed with the Commissioner a copy of its underwriting rules and a full schedule of the rates, premiums, or membership fees to be charged to the subscribers. These filings shall be deemed to be approved by the Commissioner 90 days after the date of filing with the Commissioner, unless prior to the expiration of the 90 day period the Commissioner notifies the sponsor of the prepaid legal services plan in writing of the Commissioner's disapproval.
(b)
In considering whether or not to approve a given rate schedule, the Commissioner shall consider the following factors:
(1)
Whether the rates are adequate to ensure that all the benefits contracted for will be supplied;
(2)
Whether the rates are excessive;
(3)
Whether the rates are unfairly discriminatory; and
(4)
Whether the rates are otherwise contrary to the laws or public policies of this state.
(c)
Insurers authorized to transact casualty, life, or accident and sickness insurance in this state shall be required to comply with the requirements of this Code section if they sell or offer for sale policies of prepaid legal services insurance in this state or if they underwrite prepaid legal services plans of sponsors licensed to operate prepaid legal services plans in this state; provided, however, that nothing contained in this Code section shall be deemed to relieve any insurer authorized to transact casualty, life, or accident and sickness insurance in this state from complying with the requirements of this title and the laws of this state.
Amended by 2019 Ga. Laws 140,§ 122, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-12 - Standards for advertising and solicitation

All advertising and solicitation concerning prepaid legal services plans shall be conducted in a simple, dignified manner. Every item of advertising or solicitation shall conform with the following standards:
(1)
The form and content of any advertisement or solicitation shall be accurate and shall be sufficiently complete and clear to avoid deception or the capacity or tendency to mislead or deceive. Whether an advertisement has a capacity or tendency to mislead or deceive shall be determined by the Commissioner from the overall impression that the advertisement may be reasonably expected to create upon a person of average education or intelligence within the segment of the public to which it is directed or within a segment of the public to which such advertisement may be reasonably calculated to reach;
(2)
All advertisements and solicitations shall be truthful and not misleading in fact or in implication. Words or phrases, the meaning of which is clear only by implications or by familiarity with insurance terminology, shall not be used;
(3)
Advertising and solicitation which include references to the legal rights or remedies of citizens shall be legally accurate;
(4)
Advertising and solicitation which include references to the particular characteristics of one or more sponsors or prepaid legal services plans or which compare one or more sponsors or prepaid legal services plans shall be truthful and not misleading; and
(5)
No advertising or solicitation shall contain the name, address, telephone number, or any other identifying information about any attorney; and no such advertising or solicitation shall extol the alleged virtues or qualifications or point out the alleged shortcomings of any attorney, whether named or not; provided, however, that communications directed solely to existing subscribers of prepaid legal services plans which restrict their benefits to services rendered by attorneys preselected by the plan may include the names, addresses, and telephone numbers of participating attorneys.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-13 - Investment of funds of plans

A sponsor shall invest the funds of a prepaid legal services plan only in such investments as are authorized by the laws of this state for the investment of assets of insurance companies and subject to the limitations placed on the investments.
Amended by 2019 Ga. Laws 140,§ 123, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-14 - Administration of deposits of plans

Any deposits of a sponsor of a prepaid legal services plan deposited with the Commissioner pursuant to this chapter shall be administered by the Commissioner in accordance with Chapter 12 of this title as though deposited by a domestic casualty, life, or accident and sickness insurer authorized to transact insurance in this state.
Amended by 2019 Ga. Laws 140,§ 124, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-16 - Annual filing of information by sponsors

Every sponsor of a prepaid legal services plan shall annually on or before March 1 file in the office of the Commissioner the following items:
(1)
A statement verified by at least two of its principal officers or trustees showing the financial condition of the plan on December 31 of the preceding year, which statement shall be in such form and shall contain such matters as the Commissioner shall prescribe. A copy of such statement shall also be sent to each subscriber to the plan on or before March 31 unless such sponsor is an insurer as defined in Code Section
33-35-2
whose annual report of its affairs and operations has been filed with the Commissioner in accordance with Code Section
33-3-21
;
(2)
A statistical summary listing the numbers and types of claims paid and the average dollar amount of each type of claim;
(3)
A list of the groups currently subscribing to the plan;
(4)
A statement of the name, organizational form, and principal place of business of the plan and the name, organizational form, and principal place of business of the sponsor of the plan;
(5)
Copies of all advertising or solicitation material which the plan is using; and
(6)
Such other pertinent and relevant information as the Commissioner may reasonably require for the proper administration of this chapter; provided, however, that all information furnished under this paragraph shall be kept confidential by the Commissioner and shall not be made public by the Commissioner or any other person without the prior written consent of the sponsor or insurer to which it pertains, unless the Commissioner, after giving the sponsor or insurer who would be affected by the information notice and opportunity to be heard, determines that the interests of the subscribers, policyholders, or the public will be served by the publication of the information, in which event he may publish all or any part thereof in such manner as he may deem appropriate except to the extent that it may be produced in any judicial or administrative proceeding and may be admissible in evidence therein.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-17 - Conduct of hearings and proceedings

Except as otherwise provided in this chapter, all hearings and proceedings held under this chapter shall be conducted in accordance with Chapter 2 of this title and the Commissioner shall have all the powers granted to him in Chapter 2 of this title.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-18 - Issuance of injunctions against transaction of business by plans; appointment of receivers; institution of criminal proceedings

If the Commissioner finds that any prepaid legal services plan or its sponsor:
(1)
has failed to comply with any provision of this chapter;
(2)
is fraudulently operated;
(3)
is in such condition as to render further plan operations hazardous to the public interest or the interest of subscribers;
(4)
is financially unable to meet its obligations and claims as they come due; or
(5)
has violated any other law, he may apply to the Superior Court of Fulton County for an injunction. The court may immediately issue a temporary injunction restraining the transaction of any business by the plan; and it may after a full hearing make the injunction permanent and appoint one or more receivers to take possession of the books, papers, moneys, and other assets of the plan to settle its affairs and distribute its funds to those entitled to such funds, subject to such rules and orders as the court may prescribe. If it appears that a crime has been committed in connection with the sale, advertisement, administration, or management of any prepaid legal services plan, the Attorney General of this state may pursue the appropriate criminal action.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-19 - Venue of actions against sponsors

The venue provisions applicable to insurers under Chapter 4 of this title shall apply to sponsors as defined in paragraph (6) of Code Section
33-35-2
.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-20 - [Reserved] Promulgation of rules and regulations by Commissioner

Amended by 2019 Ga. Laws 140,§ 125, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-21 - Applicability of chapter generally

This chapter shall apply to all persons, groups, or fraternal or benevolent organizations, including but not limited to insurers; corporations; partnerships; trusts; labor, craft, or other unions; or any other entities who propose to operate or are operating or participating in the operation of a prepaid legal services plan as such plan is defined in paragraph (4) of Code Section
33-35-2
.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-22 - Applicability of chapter to other insurers

All insurers authorized to transact casualty, life, or accident and sickness insurance in this state which is authorized to issue policies of prepaid legal services insurance in this state shall be required to meet all the requirements of this chapter unless specifically excepted from the requirements by this chapter, provided that nothing contained in this chapter shall be deemed to relieve the obligations of an insurer authorized to transact casualty, life, or accident and sickness insurance in this state from complying with any other applicable requirements of this title and any other applicable laws of this state.
Amended by 2019 Ga. Laws 140,§ 126, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 35 - PREPAID LEGAL SERVICES PLANS (§§ 33-35-1 — 33-35-23) › Section 33-35-23 - Applicability of Chapter 6 of title

Chapter 6 of this title, applicable to insurers, shall apply to sponsors as defined in paragraph (6) of Code Section
33-35-2
; and, for the purpose of determining whether a violation of Chapter 6 of this title has occurred, a subscriber, as defined in paragraph (7) of Code Section
33-35-2
, shall be deemed to be an insured or a policyholder as used in Chapter 6 of this title, whichever is applicable.
Amended by 2005 Ga. Laws 19,§ 33, eff. 4/7/2005.