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O.C.G.A. § 33-3-16 — Expiration of certificate; procedure for renewal; amendment of certificate by Commissioner | Georgia Code
O.C.G.A. § 33-3-16 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 33 INSURANCE

Section 3. Authorization and General Requirements for Transaction of Insurance, 33-3-1 through 33-3-30.

33-3-16. Expiration of certificate; procedure for renewal; amendment of certificate by Commissioner.

  1. All certificates of authority shall expire at 12:00 Midnight on June 30 of the year following date of issuance or renewal. An insurer desiring renewal shall file on March 1 preceding expiration a copy of its annual statement of December 31 of the preceding year in a form approved for current use by the Commissioner. On or before March 1 of each year, each insurer at its expense shall publish in a newspaper of general circulation published in this state a copy of such statement in short form showing income, assets, expenditures, and liabilities in gross as of December 31 of the preceding year to be sworn to by the officer or agent making the same; and such statement so published must be filed with the Commissioner with a copy of the statement as published attached thereto. Notwithstanding the March 1 deadline, the Commissioner may for good cause grant an extension of time for filing such annual statement not to exceed 60 days. If the insurer qualifies, its certificate shall be renewed annually; provided, however, that any certificate of authority shall continue in full force and effect until the new certificate is issued or specifically refused.
  2. The Commissioner may amend a certificate of authority at any time to accord with changes in the insurer's charter or insuring powers.

(Code 1933, § 56-315, enacted by Ga. L. 1960, p. 289, § 1.)

JUDICIAL DECISIONS

Cited in Cochran v. Paco, Inc., 409 F. Supp. 219 (N.D. Ga. 1975).

OPINIONS OF THE ATTORNEY GENERAL

The Commissioner does not have the authority to issue permanent certificates of authority that would not expire or require renewal. 1979 Op. Att'y Gen. No. 79-78.

Renewal filing may be reviewed.

- The Department of Insurance need not issue a renewal certificate of authority to an insurer automatically upon the submission of a completed renewal filing, but may instead review that filing prior to issuing a renewal certificate. 1979 Op. Att'y Gen. No. 79-78.

Subsection (a) of this section does not require the commissioner to issue an insurer's renewal certificate of authority as a routine matter upon completion of its requirements, but instead anticipates that the commissioner and his staff will review the filing prior to either issuing or refusing to issue a renewal certificate of authority. 1979 Op. Att'y Gen. No. 79-78.

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, §§ 27, 30.

C.J.S.

- 44 C.J.S., Insurance, §§ 68, 129.

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This Georgia Code resource is curated by a Florida and Georgia attorney, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 33 in the context of Georgia insurance coverage law and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.