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

33-9-3. Application of chapter.

1. This chapter shall apply to all insurance on risks or on operations in this state, except:
   1. Reinsurance other than joint reinsurance to the extent stated in Code Section 33-9-19;
   2. Life insurance;
   3. Disability income, specified disease, or hospital indemnity policies;
   4. Insurance of vessels or craft, their cargoes, marine builders' risks, marine protection and indemnity, or other risks commonly insured under marine, as distinguished from transportation, insurance policies. Inland marine insurance shall be deemed to include insurance defined by statute, or by interpretation thereof or, if not so defined or interpreted, by ruling of the Commissioner or as established by general custom of the business, as inland marine insurance;
   5. Insurance against loss of or damage to aircraft, insurance of hulls of aircraft, including their accessories and equipment, or insurance against liability arising out of the ownership, maintenance, or use of aircraft;
   6. Title insurance; or
   7. Annuities.
2. 1. This chapter shall apply to all insurers, including stock and mutual companies, Lloyd's associations, and reciprocal and interinsurance exchanges, which under any laws of this state write any of the kinds of insurance to which this chapter applies.
   2. The provisions of this chapter regarding rates shall apply to any insurer, fraternal benefit society, health care plan, health maintenance organization, or preferred provider organization providing any accident or sickness insurance or health benefit plan issued, delivered, issued for delivery, or renewed in this state to the extent required by subsection (c) of this Code section.
3. Provisions of this chapter regarding rates shall apply only to a proposed rate for any insurance or health benefit plan:
   1. Which alone or in combination with any previous rate change for such insurance or plan would result in a rate increase of:
      1. Any amount, but no decrease shall be subject to such provisions; provided, however,
      2. The provisions of this chapter shall not apply to accident and sickness insurance; or
   2. Made within 36 months after any rate change described by paragraph (1) of this subsection.

(a.1)The Commissioner may by rule or regulation establish criteria by which defined commercial risks may be exempted from the filing requirements of this chapter.

(Code 1933, § 56-506, enacted by Ga. L. 1967, p. 684, § 1; Ga. L. 1978, p. 2073, § 1; Ga. L. 1982, p. 3, § 33; Ga. L. 1982, p. 644, § 1; Ga. L. 1996, p. 705, § 3; Ga. L. 1999, p. 335, § 1; Ga. L. 2017, p. 164, § 8/HB 127.)

The 2017 amendment, effective July 1, 2017, deleted "nonprofit medical service corporation, nonprofit hospital service corporation," following "health care plan," in paragraph (b)(2).