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O.C.G.A. § 33-13-15 — Aggrieved persons; appeal of actions of Commissioner; mandamus | Georgia Code
O.C.G.A. § 33-13-15 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 33 INSURANCE

Section 13. Insurance Holding Company Systems, 33-13-1 through 33-13-41.

ARTICLE 1 GENERAL PROVISIONS

33-13-15. Aggrieved persons; appeal of actions of Commissioner; mandamus.

  1. Any person aggrieved by any act, determination, rule, regulation, or order or any other action of the Commissioner pursuant to this article may appeal the action to the Superior Court of Fulton County. The court shall conduct its review without a jury and by trial de novo, except that, if all parties including the Commissioner so stipulate, the review shall be confined to the record. Portions of the record may be introduced by stipulation into evidence in a trial de novo as to those parties so stipulating.
  2. The filing of an appeal pursuant to this Code section shall stay the application of any such rule, regulation, order, or other action of the Commissioner to the appealing party unless the court, after giving the party notice and an opportunity to be heard, determines that such a stay would be detrimental to the interests of policyholders, shareholders, creditors, or the public.
  3. Any person aggrieved by any failure of the Commissioner to act or make a determination required by this article may petition the Superior Court of Fulton County for a writ in the nature of a mandamus or a peremptory mandamus directing the Commissioner to act or make the determination immediately.

(Code 1933, § 56-3413, enacted by Ga. L. 1970, p. 257, § 1; Ga. L. 1982, p. 3, § 33; Code 1981, §33-13-14; Code 1981, §33-13-15, as redesignated by Ga. L. 2013, p. 802, § 1/HB 312; Ga. L. 2015, p. 608, § 3/SB 108.)

The 2015 amendment, effective July 1, 2015, substituted "this article" for "this chapter" in the first sentence of subsection (a) and near the beginning of subsection (c).

Cross references.

- Judicial review of actions of Commissioner generally, § 33-2-26 et seq.

Editor's notes.

- Ga. L. 2013, p. 802, § 1/HB 312, effective July 1, 2013, redesignated former Code Section 33-13-14 as present Code Section 33-13-15.

This Code section formerly pertained to penalty for willful violation of this chapter by insurers and individuals and was based on Code 1933, § 56-3410, enacted by Ga. L. 1970, p. 257, § 1.

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This Georgia Code resource is curated by an Orange Park personal injury and workers' comp lawyer, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 33 in the context of Georgia insurance coverage law and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.