O.C.G.A.

O.C.G.A. § 33-9-9 (2019)

Use of rating systems, underwriting rules, or forms of rating or advisory organizations

✓ 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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Members and subscribers of rating or advisory organizations may use the rating systems, underwriting rules, or policy or bond form of the organizations and the rates filed by such organizations for all lines of insurance covered by the provisions of this chapter, either consistently or intermittently, but, except as provided in Code Sections 33-9-3, 33-9-7, 33-9-19, and 33-9-20, shall not agree with each other or rating organizations or others to adhere to such rates, rating systems, underwriting rules, or policy or bond form. The fact that two or more admitted insurers, whether or not members or subscribers of a rating or advisory organization, use, either consistently or intermittently, the rates or rating systems made or adopted by a rating organization, or the underwriting rules or policy or bond forms prepared by a rating or advisory organization shall not be sufficient in itself to support a finding that an agreement so to adhere exists and may be used only for the purpose of supplementing or explaining any competent evidence of the existence of the agreement.

History

Code 1933, § 56-510, enacted by Ga. L. 1967, p. 684, § 1; Ga. L. 1982, p. 644, § 2; Ga. L. 1983, p. 629, §§ 1, 3.

Annotations

Editor’s notes. - Ga. L. 1982, p. 644, § 2, which amended this Code section and which was to have taken effect January 1,

1984, was repealed by Ga. L. 1983, p. 629, § 3, effective March 16, 1983. However, since the 1983 Act amended this Code section ‘‘as amended by . . . Ga. L. 1982, p. 644,’’ the restated language of this Code section in the 1983 Act reflected many of the changes effected by the 1982 Act.