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Call Now: 904-383-7448In addition to any other grounds set forth in this title, the Commissioner may refuse to issue a certificate of authority or after a hearing refuse to renew or may revoke or suspend an insurer's certificate of authority or place an insurer under administrative supervision if the insurer:
(Code 1933, § 56-317, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1992, p. 2877, § 5.)
- For comment on Bankers Life & Cas. Co. v. Cravey, 208 Ga. 682, 69 S.E.2d 87 (1952), see 14 Ga. B.J. 468 (1952).
- In light of the similarity of its provisions to provisions of this title, a decision under former Code 1933, § 56-104, repealed by Ga. L. 1960, p. 829, which enacted this title, is included in the annotations to this section.
- The law does not confer upon the individual who happens to be Commissioner unlimited power to entertain dissatisfaction or opinions arbitrarily and capriciously as a basis for refusal to renew the license. Bankers Life & Cas. Co. v. Cravey, 208 Ga. 682, 69 S.E.2d 87 (1952), commented on in 14 Ga. B.J. 468 (1952).
- Where the refusal of the Commissioner to renew an insurance company's license is without justification, the failure to perform this official duty will irreparably injure the company, and therefore its petition alleges a cause of action for mandamus. Bankers Life & Cas. Co. v. Cravey, 208 Ga. 682, 69 S.E.2d 87 (1952), commented on in 14 Ga. B.J. 468 (1952).
- Having the power to investigate an insurance company, to inspect its original records, and to take the sworn testimony of its agents, the Commissioner has a duty to do so and is unauthorized to impose upon the company a duty to copy its records and refuse a renewal of its license upon its failure in that respect. Bankers Life & Cas. Co. v. Cravey, 208 Ga. 682, 69 S.E.2d 87 (1952), commented on in 14 Ga. B.J. 468 (1952).
Cited in Cochran v. Paco, Inc., 409 F. Supp. 219 (N.D. Ga. 1975).
The State Health Benefit Plan is not subject to the Georgia Insurance Code, and neither the State Personnel Board nor the entity administering self-insured plans for the State Personnel Board would be subject to any administrative fines or sanctions under the insurance code for administration of such plans. 1982 Op. Att'y Gen. No. 82-70.
- 43 Am. Jur. 2d, Insurance, §§ 42, 43.
- 44 C.J.S., Insurance, §§ 57, 69, 129.
Total Results: 1
Court: Supreme Court of Georgia | Date Filed: 2003-06-30
Citation: 583 S.E.2d 22, 276 Ga. 697, 2003 Fulton County D. Rep. 2011, 2003 Ga. LEXIS 613
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