O.C.G.A.
O.C.G.A.

O.C.G.A. § 33-9-40 (2019)

Prohibition of motor vehicle insurance surcharges relating to accidents in which insured not at fault

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance or cancel such policy as a result of the insured person’s involvement in a multivehicle accident when such person was not at fault in such accident.

History

Code 1981, § 33-9-40, enacted by Ga. L. 1986, p. 1184, § 1; Ga. L. 1987, p. 3, § 33.

Annotations

JUDICIAL DECISIONS Statutory term ‘‘cancel’’ does not include ‘‘nonrenewal.’’ - While an insurance carrier could not cancel a policy for accidents not the fault of its insured, it

was not prohibited from declining to renew the policy for that reason. Banks v. Aetna Cas. & Sur. Co., 189 Ga. App. 758, 377 S.E.2d 685 (1989).

Notes of Decisions
Cited in 2 cases, 1989–2002 · leading case: Ins. Dep't v. St. Paul Fire & Cas. Ins., 559 S.E.2d 754 (Ga. Ct. App. 2002).
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Ins. Dep't v. St. Paul Fire & Cas. Ins., 559 S.E.2d 754 (Ga. Ct. App. 2002). · cites it 4× “Banks, who denied fault in both incidents, sued Aetna under OCGA § 33-9-40, which provides that an insurer may not “cancel” a policy if the insured is involved in a multivehicle accident that is not her fault.”
Banks v. Aetna Cas. & Sur. Co., 377 S.E.2d 685 (Ga. Ct. App. 1989). · cites it 4× “She sued Aetna, contending that it violated OCGA § 33-9-40 (Ga. L. 1986, p. 1184, effective July 1, 1986) which provides: “No insurer shall *759 surcharge the premium or rate charged on a policy of motor vehicle insurance or cancel such policy as a result of the insured person’s…”
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.