Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE › Subject 120-2-14 - GEORGIA AUTOMOBILE INSURANCE PLAN › Rule 120-2-14-.04 - Administration of the Plan

Current through Rules and Regulations filed through June 27, 2024
(1) The Plan shall be administered by a
				Governing Committee and Manager. The Committee may consist of twelve (12)
				representatives. Eight (8) representatives will be elected from among Plan
				subscriber companies, from each of the following classes of companies: two (2)
				from Georgia Association of Property and Casualty Insurance Companies, four (4)
				from American Property Casualty Insurers Association, and two (2) from
				Non-Affiliated Insurance Companies. Each of the eight (8) shall be submitted to
				the Commissioner for approval prior to election.
Two (2) representatives will be appointed by the Committee
				  from the users of the Plan for a two (2) year term. These two (2) nominees
				  selected by the Committee shall be approved by the Commissioner prior to being
				  appointed. These two representatives will not have the right to vote in matters
				  pertaining to the determination and fulfillment of quotas, Commercial
				  Automobile Insurance Procedure participation, nor the cost to administer the
				  Plan.
Two (2) representatives may be appointed at the discretion of
				  the Commissioner from subscribers, users of the Plan, or the public. The users
				  of the Plan and public representatives will not have the right to vote in
				  matters pertaining to the determination and fulfillment of quotas, Commercial
				  Automobile Insurance Procedure participation, nor the cost to administer the
				  Plan.
(2) For voting
				purposes, a quorum shall consist of a majority of the members currently serving
				on the Committee. If the Committee consists of an even number of members,
				however, a majority shall constitute one-half of those members but shall not be
				less than five members.
(3) Each
				subscriber company serving on the Committee shall designate a representative to
				act on its behalf. This representative shall be either (1) a salaried employee
				or officer of the named subscriber company or (2) a salaried employee or
				officer of another subscriber company from a group of companies under the same
				management as the named subscriber company. A salaried employee or officer of
				the holding company of the named subscriber company may also be designated as
				the representative. No more than one (1) company in a group under the same
				management shall serve on the Committee at the same time. A company leaving its
				class of companies shall resign its seat at the next meeting of the
				Committee.
(4) Biennially, on a
				date fixed by the Committee, such respective class of companies heretofore
				described shall elect its representatives to the Committee to serve for a
				period of two (2) years or until a successor is elected. Similarly, those
				elected representatives shall biennially, on a date fixed by the Committee,
				appoint the two representatives from among the users of the Plan.
(5) A majority of such subscriber companies
				shall constitute a quorum and voting by proxy shall be permitted. A company may
				not appoint more than one (1) company in its class of companies to exercise its
				proxy.
(6) The notice of each
				biennial meeting shall be accompanied by an agenda for such meeting. At the
				biennial meeting, a company may cast one (1) vote for each vacant seat on the
				Committee for its class of companies and it may not cast two (2) votes for one
				seat. Forty-five (45) days notice of the biennial meeting shall be given in
				writing to all companies which are subscribers to the Plan.
(7) A vacancy on the Committee shall be
				filled by the respective organization (Georgia Association of Property and
				Casualty Insurance Companies or American Property Casualty Insurers
				Association) who shall appoint a successor to serve until the next biennial
				meeting. If a non-affiliated company vacancy occurs, a successor to serve until
				the next biennial meeting shall be elected by the non-affiliated companies. If
				a user of the Plan representative vacancy occurs, a successor to serve until
				the next biennial meeting shall be appointed by the committee.
(8) A subscriber company seat not appointed
				by the Georgia Association of Property and Casualty Insurance Companies,
				Non-Affiliated Insurance Companies, or American Property Casualty Insurers by
				the appointment deadline shall be filled as determined by the
				Committee.
O.C.G.A. §§
											33-2-9,
				  40-9-100.