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O.C.G.A. § 33-34-3.1 — Filing of rates and forms; optional coverage | Georgia Code
O.C.G.A. § 33-34-3.1 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 33 INSURANCE

Section 34. Motor Vehicle Accident Reparations, 33-34-1 through 33-34-9.

ARTICLE 2 PREFERRED PROVIDER ARRANGEMENTS

33-34-3.1. Filing of rates and forms; optional coverage.

  1. All insurers writing private passenger automobile insurance in this state shall file rates and forms for medical payments coverage for a limit of at least $2,000.00 but may file rates for higher or lower limits. The requirement for filing forms and rates under this subsection shall not be construed as a requirement for the offering or quoting of medical payment coverages to insureds or as authority for the Commissioner to require the offering or quoting of such coverage.
  2. Insurers may offer other optional coverage including combinations of sublimits and interests restricted to named insureds and resident relatives. Insurers may make collision, comprehensive, and loss of use coverages available as separate individual coverages and subject to differing levels of deductibles at the request of the policyholder.
  3. Any rule or regulation promulgated which expands or conflicts with this Code section shall be null and void.

(Code 1981, §33-34-3.1, enacted by Ga. L. 1997, p. 683, § 5; Ga. L. 1998, p. 1064, § 11.)

Law reviews.

- For review of 1998 legislation relating to insurance, see 15 Ga. St. U.L. Rev. 153 (1998).

JUDICIAL DECISIONS

Sublimits permissible.

- Statutory minimum for underinsured motorist (UM) coverage is provided in O.C.G.A. § 33-7-11(a)(1)(A); under O.C.G.A. § 33-34-3.1(b), as long as the mandatory UM minimum is met and optional UM coverage is offered pursuant to the statutory requirements, a combination of sublimits and interests restricted to named insureds and resident relatives contravenes neither the law nor public policy. Crouch v. Federated Mut. Ins. Co., 257 Ga. App. 604, 571 S.E.2d 574 (2002).

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This Georgia Code resource is curated by this site's author, 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.