O.C.G.A. § 33-24-11 (2019)
Waiver by Commissioner of use of standard or uniform provisions in policies or contracts; approval of use of substitute provisions
(a) The Commissioner may waive the required use of a particular provision in a particular insurance policy form or annuity or endowment contract form if the Commissioner finds such provision unnecessary for the protection of the insured or inconsistent with the purposes of the policy and if the policy is otherwise approved by the Commissioner.
(b) Unless otherwise provided in this title, no policy shall contain any provision inconsistent with or contradictory to any standard provision used or required to be used, but the Commissioner may approve any substitute provision which is not less favorable in any particular to the insured or beneficiary than the standard provisions or optional standard provisions otherwise required.
(c) In lieu of the standard provisions required by this title for contracts for particular kinds of insurance, substantially similar standard provisions required by the law of the domicile of a foreign or alien insurer may be used when approved by the Commissioner.
History
Code 1933, § 56-2412, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2019, p. 386, § 28/SB 133. The 2019 amendment, effective July 1, 2019, in subsection (a), substituted ‘‘the
Commissioner finds such provision’’ for ‘‘he finds the provision’’ in the middle, and substituted ‘‘the Commissioner’’ for ‘‘him’’ at the end.
Annotations
JUDICIAL DECISIONS Any provisions of policy of insurance, made for insurer’s benefit, may be waived either expressly or impliedly by the company’s actions. Barnum v. Sentry Ins., 160 Ga. App. 213, 286 S.E.2d 445 (1981). Insurer estopped from denying liability when agent has actual knowledge of ownership of property. - When a policy of insurance is issued when
the agent has full and actual knowledge of the ownership of the property, the insurer waives the insurer’s rights under the policy and is estopped to claim an avoidance of responsibility under the contract as written because of noncompliance with the conditions as to ownership which would preclude coverage under the terms of the contract. Barnum v. Sentry Ins., 160 Ga. App. 213, 286 S.E.2d 445 (1981).
RESEARCH REFERENCES Am. Jur. 2d. - 43 Am. Jur. 2d, Insurance, §§ 19 et seq., 31. C.J.S. - 44 C.J.S., Insurance, § 45 et seq. ALR. - Right of insured or beneficiary to enforce a policy provision more favorable to him than the standard policy; or to
have policy reformed so as to include such a provision, 113 A.L.R. 773. Validity of option provisions in life insurance policy which vary from (or add to, or exclude) statutory provisions, 115 A.L.R. 1389.