O.C.G.A.

O.C.G.A. § 33-9-3 (2019)

Application of chapter

✓ 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) 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. (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.

(b) 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.

History

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; Ga. L. 2019, p. 337, § 1-46/SB 132. The 2019 amendment, effective July 1, 2019, in subsection (b), deleted the paragraph (b)(1) designation and deleted former paragraph (b)(2), which read: ‘‘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.’’; and deleted subsection (c), which read: ‘‘Provisions of this chapter regarding rates shall apply only to a pro-

posed 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: ‘‘(A) Any amount, but no decrease shall be subject to such provisions; provided, however, ‘‘(B) 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.’’

Annotations

Law reviews. - For note on 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 133 (1999).

RESEARCH REFERENCES ALR. - Validity, construction, and effect of provisions of statute with respect to rates of workmen’s compensation insurance, 82 A.L.R. 943.

Reciprocal or interinsurance, 145 A.L.R. 1121.

Notes of Decisions
Cited in 1 case, 2012–2012 · leading case: Ne. Georgia Cancer Care v. Blue Cross, 726 S.E.2d 714 (Ga. Ct. App. 2012).
Ne. Georgia Cancer Care v. Blue Cross, 726 S.E.2d 714 (Ga. Ct. App. 2012). · cites it 8× “See also OCGA§§ 33-9-3 (b) (2); 33-20B-2 (4); 33-24-21.”
— 33-9-3(b)(1)(2) — 1 case
Ne. Georgia Cancer Care v. Blue Cross, 726 S.E.2d 714 (Ga. Ct. App. 2012). “See also OCGA§§ 33-9-3 (b) (2); 33-20B-2 (4); 33-24-21.”
— 33-9-3(b)(2) — 1 case
Ne. Georgia Cancer Care v. Blue Cross, 726 S.E.2d 714 (Ga. Ct. App. 2012). “See also OCGA§§ 33-9-3 (b) (2); 33-20B-2 (4); 33-24-21.”
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.