Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
O.C.G.A. § 33-9-1 — Purpose and construction of chapter | Georgia Code
O.C.G.A. § 33-9-1 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 33 INSURANCE

Section 9. Regulation of Rates, Underwriting Rules, and Related Organizations, 33-9-1 through 33-9-44.

ARTICLE 2 UNFAIR CLAIMS SETTLEMENT PRACTICES

33-9-1. Purpose and construction of chapter.

  1. The purpose of this chapter is to promote the public welfare by regulating insurance rates as provided in this chapter to the end that they shall not be excessive, inadequate, or unfairly discriminatory; to authorize the existence and operation of qualified rating organizations and advisory organizations and require that specified rating services of such rating organizations be generally available to all admitted insurers; and to authorize cooperation between insurers in rate making and other related matters.
  2. It is the express intent of this chapter to permit and encourage competition between insurers on a sound financial basis to the fullest extent possible. However, nothing in this chapter is intended or should be construed to restrict the Commissioner in any way, on his own motion or otherwise, to take any affirmative action by rule, regulation, or administrative determination in a particular case, cases, or class of cases which he may deem necessary to protect the public's interest in maintaining the standards prescribed in Code Section 33-9-4; and Code Sections 33-9-26 through 33-9-29 in particular shall in no way be viewed as exhaustive or restrictive of the powers or procedures available to the Commissioner for this purpose.

(Code 1933, § 56-501, enacted by Ga. L. 1967, p. 684, § 1.)

JUDICIAL DECISIONS

Commissioner may prohibit rates but not require refund of collected premiums.

- The Commissioner has authority only to prohibit the use of rates and not to order refunds of premiums already collected under rates subsequently prohibited. Caldwell v. Insurance Co. of N. Am., 235 Ga. 141, 218 S.E.2d 754 (1975).

Regulation of profits is not authorized.

- The rate statute is not concerned with profits and does not authorize the regulation of profits. Allstate Ins. Co. v. Bentley, 122 Ga. App. 738, 178 S.E.2d 700 (1970), modified, 227 Ga. 708, 182 S.E.2d 770 (1971).

Profits may be considered but do not alone taint rate.

- While profits may be an element to be considered in the determining of other ultimate prohibiting factors, profit alone does not taint a rate. Allstate Ins. Co. v. Bentley, 122 Ga. App. 738, 178 S.E.2d 700 (1970), modified, 227 Ga. 708, 182 S.E.2d 770 (1971). See now § 33-9-4(4).

Cited in Bentley v. Allstate Ins. Co., 227 Ga. 708, 182 S.E.2d 770 (1971).

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, §§ 38-40.

C.J.S.

- 44 C.J.S., Insurance, § 93 et seq.

Database error: SQLSTATE[HY000]: General error: 8 attempt to write a readonly database

This Georgia Code resource is curated by Graham W. Syfert, Esq., 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.