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2018 Georgia Code 33-24-12 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 33-24-12 Case Law from Google Scholar Amendments to OCGA 33-24-12

TITLE 33 INSURANCE

Section 24. Insurance Generally, 33-24-1 through 33-24-98.

ARTICLE 1 GENERAL PROVISIONS

33-24-12. Noncomplying conditions or provisions; cancellation of contracts covering uninsurable subjects.

  1. Any insurance policy, rider, or endorsement issued after January 1, 1961, and otherwise valid which contains any condition or provision not in compliance with the requirements of this title shall not be rendered invalid due to the noncomplying condition or provision but shall be construed and applied in accordance with such conditions and provisions as would have applied had the policy, rider, or endorsement been in full compliance with this title.
  2. Any insurance contract delivered or issued for delivery in this state covering a subject or subjects of insurance resident, located or to be performed in this state and which, pursuant to this title, the insurer may not lawfully insure under the contract shall be cancelable at any time by the insurer, any provisions of the contract to the contrary notwithstanding; and the insurer shall promptly cancel the contract in accordance with the Commissioner's request for cancellation. No illegality or cancellation shall be deemed to relieve the insurer of any liability incurred by it under the contract while in force or to prohibit the insurer from retaining the pro rata earned premium on the contract. This Code section shall not relieve the insurer from any penalty otherwise incurred by the insurer under this title on account of any violation.

(Code 1933, § 56-2418, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2005, p. 60, § 33/HB 95.)

JUDICIAL DECISIONS

Grafting of statutory law into noncomplying policy.

- When an insurer issues a policy with provisions not in compliance with the law, the contract will not be rendered void but the provisions of the statute will be grafted into the policy. Flewellen v. Atlanta Cas. Co., 250 Ga. 709, 300 S.E.2d 673 (1983).

No genuine issue of material fact as to uninsured motorist coverage.

- Trial court erred by granting summary judgment to the insurer because the undisputed evidence did not show that the insured made an affirmative choice for less uninsured/underinsured coverage than the statutory default amount set forth in O.C.G.A. § 33-7-11(a)(1)(B); thus, the statutory default amount of coverage applied to the policy, and the trial court erred in construing the policy to provide a lesser amount of coverage. McGraw v. IDS Prop. & Cas. Ins. Co., 323 Ga. App. 408, 744 S.E.2d 891 (2013).

Cited in Pearce v. Southern Guar. Ins. Co., 246 Ga. 33, 268 S.E.2d 623 (1980); Penn Am. Ins. Co. v. Miller, 228 Ga. App. 659, 492 S.E.2d 571 (1997); Ga. Farm Bureau Mut. Ins. Co. v. Rockefeller, 343 Ga. App. 36, 805 S.E.2d 660 (2017).

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, §§ 256, 260.

ALR.

- What constitutes "other insurance" within meaning of insurance policy provisions prohibiting insured from obtaining other insurance on same property, 7 A.L.R.4th 494.

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