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O.C.G.A. § 33-9-37 — Liability of insurer conspiring to fix insurance rates unauthorized by chapter | Georgia Code

O.C.G.A. § 33-9-37 (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

33-9-37. Liability of insurer conspiring to fix insurance rates unauthorized by chapter.

In the event any insurer shall in collusion with any other insurer conspire to fix, set, or adhere to insurance rates, except as expressly sanctioned by this chapter, the insurer shall be liable to any person damaged thereby for an amount equal to three times the amount of the damage together with the damaged party's attorney's fees.

(Code 1933, § 56-539, enacted by Ga. L. 1967, p. 684, § 1.)

JUDICIAL DECISIONS

Cited in Georgia Ass'n of Indep. Ins. Agents v. Travelers Indem. Co., 313 F. Supp. 841 (N.D. Ga. 1970).

RESEARCH REFERENCES

ALR.

- Validity of statutory provision for attorneys' fees, 90 A.L.R. 530.

What persons or corporations, contracts or policies, are within statutory provisions allowing recovery of attorneys' fees or penalty against insurance companies or against companies dealing in specified kinds of insurance, 126 A.L.R. 1439.

When does statute of limitations begin to run against civil action or criminal prosecution for conspiracy, 62 A.L.R.2d 1369.

What constitutes "trial," "final trial," or "final hearing" under statute authorizing allowance of attorneys' fees as costs on such proceeding, 100 A.L.R.2d 397.

Validity of statute allowing attorneys' fee to successful claimant but not to defendant, or vice-versa, 73 A.L.R.3d 515.

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