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2018 Georgia Code 33-2-10 | Car Wreck Lawyer

TITLE 33 INSURANCE

Section 2. Department and Commissioner of Insurance, 33-2-1 through 33-2-34.

33-2-10. Issuance and service of orders and notices.

  1. Orders and notices of the Commissioner shall be effective only when they are in writing and signed by him or by his authority.
  2. Every such order shall state its effective date and shall state concisely:
    1. Its intent or purpose;
    2. The grounds on which it is based; and
    3. The provisions of this title pursuant to which action is taken or proposed to be taken; but failure to designate any provision shall not deprive the Commissioner of the right to rely thereon.
  3. An order or notice may be served by delivery to the person to be ordered or notified or by mailing it, postage prepaid, addressed to him at his principal place of business or last address of record in the Commissioner's office.
  4. In addition to the service provisions set forth in subsection (c) of this Code section, any order of the Commissioner issued to multiple recipients in the form of a general directive, data call, or bulletin may be served by sending it by electronic mail, so that receipt is acknowledged by the recipient, to the electronic mail address on record in the Commissioner's office. The Commissioner shall also post such general directive, data call, or bulletin contemporaneously on the department's website.

(Code 1933, § 56-217, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2004, p. 754, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity to provisions of this title, decisions under former Code 1933, Chs. 20 and 21, repealed by Ga. L. 1960, p. 289, which, as amended, enacted this title, are included in the annotations for this section.

Ex parte suspension of previously approved rate filings held void.

- Commissioner's ex parte order purporting to suspend rate filings which had previously been approved by him, without notice or hearing provided for by statute, was issued without lawful authority and void. Cravey v. Southeastern Underwriter's Ass'n, 214 Ga. 450, 105 S.E.2d 497 (1958); Cravey v. General Accident Fire & Life Ins. Co., 214 Ga. 460, 105 S.E.2d 504 (1958).

Cited in Caldwell v. Liberty Mut. Ins. Co., 248 Ga. 282, 282 S.E.2d 885 (1981).

RESEARCH REFERENCES

C.J.S.

- 44 C.J.S., Insurance, § 56.

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