O.C.G.A.

O.C.G.A. § 33-3-25 (2019)

Language simplification and reading ease standards; applicability of Code section

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) All homeowner’s insurance policies, including tenant homeowner’s insurance policies, personal automobile insurance policies, individual life or accident and sickness insurance policies, all certificates of group life or accident and sickness insurance coverage, and all coverage booklets provided by insurers to group life or accident and sickness insurance certificate holders which are issued, delivered, or issued for delivery in this state on or after July 1, 1988, shall be written in a simplified form, shall be divided into logically arranged, captioned sections, and shall contain readable language which complies with the standards prescribed in such rules and regulations as may be promulgated by the Commissioner after due notice and hearing.

(b) In establishing the policy language simplification and reading ease standards for such policies, certificates, and coverage booklets, the Commissioner may utilize a minimum score of 40 on the ‘‘Flesch reading ease test’’ as the basic standard, or such other nationally recognized reading ease standards or tests as would produce comparable policy language simplification and readability results, and may also provide for exceptions thereto by appropriate rules and regulations.

(c) This Code section shall apply to all insurers issuing the kinds of insurance policies described in subsection (a) of this Code section in this state, including all insurers, nonprofit corporations, or other organizations issuing policies or contracts of life or accident and sickness coverage under Chapter 15, 20, 21, 29, or 30 of this title.

History

Code 1981, § 33-3-25, enacted by Ga. L. 1982, p. 1244, § 1; Ga. L. 1983, p. 3, § 24; Ga. L. 1983, p. 473, § 1; Ga. L. 1984, p. 22, § 33; Ga. L. 1987, p. 1047, § 1; Ga. L. 1988, p. 13, § 33; Ga. L. 2019, p. 337, § 1-21/SB 132. The 2019 amendment, effective July 1, 2019, deleted ‘‘of Insurance’’ following ‘‘Commissioner’’ near the end of subsection (a) and in subsection (b); in subsec-

tion (b), inserted a comma after ‘‘basic standard’’ and substituted ‘‘readability results, and may also provide’’ for ‘‘readability results and he may also provide’’; and deleted ‘‘18, 19,’’ following ‘‘Chapter 15,’’ near the end of subsection (c). Administrative rules and regulations. - Readability standards for personal lines policies, Official Compilation of the Rules and Regulations of the State of

Georgia, Rules of Comptroller General, Commissioner of Insurance, Chapter

Annotations

The 2019 amendment, effective July 1, 2019, deleted "of Insurance" following "Commissioner" near the end of subsection (a) and in subsection (b); in subsection (b), inserted a comma after "basic standard" and substituted "readability results, and may also provide" for "readability results and he may also provide"; and deleted "18, 19," following "Chapter 15," near the end of subsection (c).

Administrative Rules and Regulations. - Readability Standards for Personal Lines Policies, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General Office of Commissioner of Insurance, Chapter 120-2-42.

Notes of Decisions
Cited in 2 cases, 1993–2000 · leading case: Burress v. Sanders, 31 S.W.3d 259 (Tenn. Ct. App. 2000).
Burress v. Sanders, 31 S.W.3d 259 (Tenn. Ct. App. 2000). “Hayakawa, Language in Thought and Action 20-28 (4th ed.1978) (discussing general semantics).”
Burress v. Sanders (Tenn. Ct. App. 1993). “Dairyland’s policy is a “plain English” policy as required by Ga. Code Ann. § 33-3-25 (1992). However, written English, no matter how ostensibly “plain,” requires some figuring out by the reader.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.