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2018 Georgia Code 33-22-12 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 33-22-12 Case Law from Google Scholar Amendments to OCGA 33-22-12

TITLE 33 INSURANCE

Section 22. Insurance Premium Finance Companies, 33-22-1 through 33-22-16.

ARTICLE 4 JOINT COMMITTEE TO STUDY PRESCRIPTION COSTS IN STATE FUNDED HEALTH CARE PLANS

33-22-12. Notification of insurer by finance company of existence of premium finance agreement.

Any premium finance company which enters into a premium finance agreement under this chapter shall notify the insurer whose premiums are being financed of the existence of the agreement. A draft of the premium finance company made payable directly to the order of the insurer of the premium due such insurer for a policy or policies financed by such premium finance company shall constitute sufficient notice under this Code section. The insurer shall not be required to comply with Code Sections 33-22-13 and 33-22-14 until notification of the existence of the insurance premium finance agreement has been furnished to the insurer in accordance with this Code section.

(Ga. L. 1975, p. 1234, § 5; Ga. L. 1976, p. 1564, § 2; Ga. L. 1984, p. 1345, § 1.)

JUDICIAL DECISIONS

Effect of former notification period provision.

- The mere failure to provide notification within the 30-day notification period will not bar the premium finance company from recovery of unearned premiums where there has been notification to the insurer prior to the time the insurer processes the return of the unearned premiums. International Indem. Co. v. Bakco Acceptance, Inc., 172 Ga. App. 28, 322 S.E.2d 78 (1984) (decided prior to 1984 amendment).

Insured obligated to pay balance of financed amount upon cancellation of insurance policy.

- Trial court properly granted an insurance premium finance corporation summary judgment on the corporation's claim against the insured for unpaid premiums because O.C.G.A. § 33-22-14(a) was not the corporation's exclusive remedy based on the finance agreement obligating the insured to pay the balance remaining once the policy was canceled. Burke v. Prime Rate Premium Fin. Corp., 325 Ga. App. 760, 754 S.E.2d 802 (2014).

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