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2018 Georgia Code 33-9-40 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 33-9-40 Case Law from Google Scholar Amendments to OCGA 33-9-40

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).

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