Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

O.C.G.A. § 33-9-40 — Prohibition of motor vehicle insurance surcharges relating to accidents in which insured not at fault | Georgia Code

O.C.G.A. § 33-9-40 (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

33-9-40. Prohibition of motor vehicle insurance surcharges relating to accidents in which insured not at fault.

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.

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

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).

Database error: SQLSTATE[HY000]: General error: 8 attempt to write a readonly database

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