O.C.G.A.

O.C.G.A. § 33-2-1 (2019)

Creation of department; Commissioner chief officer of department; powers and duties of department and Commissioner generally

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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There is created the Department of Insurance of the State of Georgia. The chief officer of such department shall be the Commissioner of Insurance. The purpose and function of the department and the duties and powers of the Commissioner shall be those created and vested by this title.

History

Ga. L. 1912, p. 119, § 1; Code 1933, § 56-101; Code 1933, § 56-201, enacted by Ga. L. 1960, p. 289,

§ 1; Ga. L. 1986, p. 855, § 12; Ga. L. 1987, p. 3, § 33; Ga. L. 2019, p. 337, § 1-9/SB 132.

The 2019 amendment, effective July 1, 2019, substituted ‘‘Department of In-

surance’’ for ‘‘Insurance Department’’ in the first sentence.

Annotations

JUDICIAL DECISIONS Cited in Brown v. Quality Fin. Co., 112 Ga. App. 369, 145 S.E.2d 99 (1965);

Ferguson v. United Ins. Co. of Am., 163 Ga. App. 282, 293 S.E.2d 736 (1982).

OPINIONS OF THE ATTORNEY GENERAL Commissioner lacks power to make binding tax claim settlement. - The Insurance Commissioner does not have the authority to accept payment of taxes

for a five-year period and sign a binding agreement that this amount satisfies all claims by the state against the insurer. 1969 Op. Att’y Gen. No. 69-396.

Notes of Decisions

Cited in 3 cases, 1990–2000 · leading case: First Union Nat'l Bank v. Indep. Ins. Agents of Georgia, Inc., 398 S.E.2d 254 (Ga. Ct. App. 1990).

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First Union Nat'l Bank v. Indep. Ins. Agents of Georgia, Inc., 398 S.E.2d 254 (Ga. Ct. App. 1990). · cites it 2× “The Commissioner may issue orders prohibiting persons from engaging in activities which, in his opinion, are prohibited by the Code; and any persons aggrieved by “any act... or failure of the Commissioner to act.”

Provident Indem. Life Ins. v. James, 506 S.E.2d 892 (Ga. Ct. App. 1998). · cites it 2× “This Court reversed the trial court’s ruling, finding that, “[u]nder OCGA § 33-2-1 et seq., the Insurance Commissioner has exclusive authority to enforce the Insurance Code.”

Griffeth v. Principal Mut. Life Ins., 533 S.E.2d 126 (Ga. Ct. App. 2000). · cites it 2× “The complaint also alleges that Principal misrepresented the nature of this policy in offering it to the public and committed various illegal and tortious acts, including violations of the Georgia Insurance Code, OCGA § 33-2-1 et seq.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.