Section 9. Regulation of Rates, Underwriting Rules, and Related Organizations, 33-9-1 through 33-9-44.
ARTICLE 2
UNFAIR CLAIMS SETTLEMENT PRACTICES
33-9-38. Penalty for failure to comply with final order of Commissioner; penalty for willful violation of provision of chapter.
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Any person, insurer, organization, group, or association who fails to comply with a final order of the Commissioner under this chapter shall be liable to the state in an amount not exceeding $50.00; but, if such failure is willful, the person, insurer, organization, group, or association shall be liable to the state in an amount not exceeding $5,000.00. The Commissioner shall collect the amount so payable and may bring an action in the name of the people of the State of Georgia to enforce collection. Such penalties may be in addition to any other penalties provided by law.
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Any person who willfully violates this chapter shall be guilty of a misdemeanor.
(Code 1933, § 56-536, enacted by Ga. L. 1967, p. 684, § 1; Ga. L. 1982, p. 3, § 33; Ga. L. 1992, p. 6, § 33.)
Cross references.
- Punishment for misdemeanors generally,
§
17-10-3.
JUDICIAL DECISIONS
Cited in
Allstate Ins. Co. v. Bentley, 122 Ga. App. 738, 178 S.E.2d 700 (1970).
RESEARCH REFERENCES
ALR.
- Recovery of cumulative statutory penalties, 71 A.L.R.2d 986.
