2018 Georgia Code Annotated

TITLE 33 INSURANCE

Chap.

• 1. General Provisions, 33-1-1 through 33-1-25.
• 2. Department and Commissioner of Insurance, 33-2-1 through 33-2-34.
• 3. Authorization and General Requirements for Transaction of Insurance, 33-3-1 through 33-3-30.
• 4. Actions Against Insurance Companies, 33-4-1 through 33-4-7.
• 5. Regulation of Unauthorized Insurers, 33-5-1 through 33-5-59.
• 6. Unfair Trade Practices, 33-6-1 through 33-6-37.
• 7. Kinds of Insurance; Limits of Risks; Reinsurance, 33-7-1 through 33-7-15.
• 8. Fees and Taxes, 33-8-1 through 33-8-13.
• 9. Regulation of Rates, Underwriting Rules, and Related Organizations, 33-9-1 through 33-9-44.
• 10. Assets and Liabilities, 33-10-1 through 33-10-17.
• 11. Investments, 33-11-1 through 33-11-89.
• 11A. Investment Pools, 33-11A-1 through 33-11A-10 [Redesignated].
• 12. Administration of Deposits, 33-12-1 through 33-12-17.
• 13. Insurance Holding Company Systems, 33-13-1 through 33-13-41.
• 13A. Mutual Insurance Holding Companies, 33-13A-1 through 33-13A-13.
• 14. Domestic Stock and Mutual Insurers, 33-14-1 through 33-14-109.
• 15. Fraternal Benefit Societies, 33-15-1 through 33-15-123.
• 16. Farmers' Mutual Fire Insurance Companies, 33-16-1 through 33-16-22.
• 17. Reciprocal Insurers, 33-17-1 through 33-17-31.
• 18. Nonprofit Medical Service Corporations, 33-18-1 through 33-18-33 [Repealed].
• 19. Nonprofit Hospital Service Corporations, 33-19-1 through 33-19-22 [Repealed].
• 20. Health Care Plans, 33-20-1 through 33-20-34.
• 20A. Managed Health Care Plans, 33-20A-1 through 33-20A-70.
• 20B. Essential Rural Health Care Provider Access, 33-20B-1 through 33-20B-6.
• 20C. Accurate Provider Directories, 33-20C-1 through 33-20C-6.
• 20D. Rental Provider Network, 33-20D-1 through 33-20D-6.
• 21. Health Maintenance Organizations, 33-21-1 through 33-21-29.
• 21A. Medicaid Care Management Organizations, 33-21A-1 through 33-21A-12.
• 22. Insurance Premium Finance Companies, 33-22-1 through 33-22-16.
• 23. Licensing, 33-23-1 through 33-23-205.
• 24. Insurance Generally, 33-24-1 through 33-24-98.
• 25. Life Insurance, 33-25-1 through 33-25-15.
• 26. Industrial Life Insurance, 33-26-1 through 33-26-7.
• 27. Group Life Insurance, 33-27-1 through 33-27-9.
• 28. Annuity and Pure Endowment Contracts, 33-28-1 through 33-28-7.
• 29. Individual Accident and Sickness Insurance, 33-29-1 through 33-29-22.
• 29A. Individual Health Insurance Coverage, 33-29A-1 through 33-29A-35.
• 29B. Health Care Coverage for Children, 33-29B-1 through 33-29B-8 [Repealed].
• 30. Group or Blanket Accident and Sickness Insurance, 33-30-1 through 33-30-29.
• 30A. Health Plan Purchasing Cooperatives, 33-30A-1 through 33-30A-11.
• 30B. Spending Account and Consumer Driven Health Plan Advancement, 33-30B-1 through 33-30B-7.
• 31. Credit Life Insurance and Credit Accident and Sickness Insurance, 33-31-1 through 33-31-12.
• 32. Property Insurance, 33-32-1 through 33-32-6.
• 33. Fair Access to Insurance Requirements, 33-33-1 through 33-33-11.
• 34. Motor Vehicle Accident Reparations, 33-34-1 through 33-34-9.
• 34A. Vehicle Protection Product Warranties, 33-34A-1 through 33-34A-13.
• 35. Prepaid Legal Services Plans, 33-35-1 through 33-35-23.
• 36. Georgia Insurers Insolvency Pool, 33-36-1 through 33-36-20.
• 37. Insurers Rehabilitation and Liquidation, 33-37-1 through 33-37-58.
• 38. Georgia Life and Health Insurance Guaranty Association, 33-38-1 through 33-38-22.
• 39. Collection, Use, and Disclosure of Information Gathered by Insurance Institutions, 33-39-1 through 33-39-23.
• 40. Risk Retention Groups, 33-40-1 through 33-40-21.
• 41. Captive Insurance Companies, 33-41-1 through 33-41-24.
• 42. Long-Term Care Insurance, 33-42-1 through 33-42-7.
• 43. Medicare Supplement Insurance, 33-43-1 through 33-43-9.
• 44. High Risk Health Insurance Plan, 33-44-1 through 33-44-10.
• 45. Continuing Care Providers and Facilities, 33-45-1 through 33-45-14.
• 46. Certification of Private Review Agents, 33-46-1 through 33-46-14.
• 47. Managing General Agents, 33-47-1 through 33-47-7.
• 48. Producer Controlled Property and Casualty Insurers, 33-48-1 through 33-48-4.
• 49. Reinsurance Intermediaries, 33-49-1 through 33-49-11.
• 50. Multiple Employer Self-Insured Health Plans, 33-50-1 through 33-50-14.
• 51. Georgia Affordable HSA Eligible High Deductible Health Plan, 33-51-1 through 33-51-7.
• 52. Assumption Reinsurance Agreements, 33-52-1 through 33-52-6.
• 53. Coverage for Certain Types of Anti-Cancer Drug Therapy, 33-53-1 through 33-53-4.
• 54. Genetic Testing, 33-54-1 through 33-54-8.
• 55. Reporting of Transactions by Insurers, 33-55-1 through 33-55-3.
• 56. Risk-Based Capital Levels, 33-56-1 through 33-56-13.
• 57. Consumers' Insurance Advocate, 33-57-1 through 33-57-8 [Repealed].
• 58. Charitable Gift Annuities, 33-58-1 through 33-58-6.
• 59. Life Settlements, 33-59-1 through 33-59-18.
• 59A. Interstate Insurance Product Regulation Compact, 33-59A-1 through 33-59A-2.
• 60. Small Business Employee Choice of Benefits Health Insurance Plan Act, 33-60-1 through 33-60-6.
• 61. Regulation of Automobile Clubs, 33-61-1 through 33-61-2.
• 62. Property and Casualty Actuarial Opinion Law, 33-62-1 through 33-62-3.
• 63. Guaranteed Asset Protection Waivers, 33-63-1 through 33-63-9.
• 64. Regulation and Licensure of Pharmacy Benefits Managers, 33-64-1 through 33-64-11.

Chapter 1. General Provisions, 33-1-1 through 33-1-25.

• 33-1-1. Short title.
• 33-1-2. Definitions.
• 33-1-3. Application of title to fraternal benefit societies and farmers' mutual fire insurance companies.
• 33-1-4. Use of existing forms and filings.
• 33-1-5. Provisions of title relating to particular matters to prevail over general provisions.
• 33-1-6. Requirements for action as insurer generally.
• 33-1-7. Issuance or delivery of policy in violation of title.
• 33-1-8. Making of false statements; reporting of such statements.
• 33-1-9. Insurance fraud; venue; penalty; exemption.
• 33-1-10. Limitations upon right to choose funeral services for insured.
• 33-1-11. Entry into contracts by life insurers with funeral directors or undertakers for conduct of funerals of persons insured.
• 33-1-12. Entry into contracts by life insurers for provision of funeral merchandise or services to persons insured.
• 33-1-13. Receiving of compensation from undertakers on account of employment; giving of compensation by undertakers.
• 33-1-14. Regulation of certain persons providing coverage for medical or dental services.
• 33-1-15. Affidavit that insured's motor vehicle stolen.
• 33-1-16. Investigation of fraudulent insurance act; collection of evidence; immunity from liability; public inspection; enforcement.
• 33-1-17. Special Insurance Fraud Fund.
• 33-1-18. Housing tax credit for qualified projects; rules and regulations.
• 33-1-19. Special Advisory Commission on Mandated Health Insurance Benefits.
• 33-1-20. Health care sharing ministry.
• 33-1-21. Certain subscription agreements for prepaid air ambulance service not contract of insurance; definitions.
• 33-1-22. English language version of policy controls.
• 33-1-23. Establishment of exchange.
• 33-1-24. Insurance requirements for transportation network companies and their drivers.
• 33-1-25. Georgia Agribusiness and Rural Jobs Act.

Chapter 2. Department and Commissioner of Insurance, 33-2-1 through 33-2-34.

• 33-2-1. Creation of department; Commissioner chief officer of department; powers and duties of department and Commissioner generally.
• 33-2-2. Seal of Commissioner.
• 33-2-3. Organization of department by Commissioner.
• 33-2-4. Appointment and removal of chief deputy insurance commissioner and other deputies.
• 33-2-5. Appointment of personnel; possession of financial interest; additional remuneration for services.
• 33-2-6. Delegated authority.
• 33-2-7. Maintenance of records, books, or papers by Commissioner generally; furnishing of copies; disposal of records.
• 33-2-8. Annual report of Commissioner.
• 33-2-8.1. Purpose of Code section; preparation by Commissioner of supplemental report on property and casualty insurance; contents of report; request for information.
• 33-2-8.2. Commissioner's quarterly report to legislative committees on insurance; contents.
• 33-2-9. Rules and regulations.
• 33-2-10. Issuance and service of orders and notices.
• 33-2-11. Examination of insurers and organizations; effect of insurer's change of domicile from Georgia.
• 33-2-12. Examination of agents, solicitors, brokers, counselors, adjusters, managers, and promoters.
• 33-2-13. Access of Commissioner to records; correction of inadequate or incorrect accounts.
• 33-2-14. Preparation of written reports of examinations generally; certification of reports; admissibility in evidence; notice and hearing on reports; use of examination documents.
• 33-2-15. Payment of expenses of examinations; immunity of examiners.
• 33-2-16. Powers of Commissioner as to evidence and witnesses; payment of witness fees and expenses; subpoenas; giving of false testimony.
• 33-2-17. Conduct of hearings by Commissioner generally; demands for hearings.
• 33-2-18. Place of hearings; hearings to be open to public.
• 33-2-19. Notice of hearings generally.
• 33-2-20. Notice to show cause.
• 33-2-21. Presiding officer at hearing; rights of parties; intervention; pleading and evidence; record of proceedings; rehearing or reargument.
• 33-2-22. Adjournment of hearings; effect of nonattendance.
• 33-2-23. Issuance of order on hearing; contents.
• 33-2-24. Enforcement of title and rules, regulations, and orders; issuance of orders without hearings; civil actions; criminal violations; penalties.
• 33-2-25. Effect of chapter upon power of Commissioner or superior courts to enforce title; construction of grants of power contained in chapter.
• 33-2-26. Judicial review of actions of Commissioner - Persons entitled to appeal; procedure generally.
• 33-2-27. Judicial review of actions of Commissioner - Pleading and procedure; powers of reviewing court generally.
• 33-2-28. Judicial review of actions of Commissioner - Scope of review; disposition of action by reviewing court.
• 33-2-29. Disposition of amounts collected under title generally; allowance of refunds and credits.
• 33-2-30. Limitation period for issuance of notice of deficiency assessment or execution thereon; waiver of limitations.
• 33-2-31. Extension of time for filing tax return or paying tax; payment of interest by taxpayer granted extension.
• 33-2-32. Fees.
• 33-2-33. (For effective date, see note.) List of written requests for assistance by citizens against insurers.
• 33-2-34. Insurance compliance self-evaluative privilege.

Chapter 3. Authorization and General Requirements for Transaction of Insurance, 33-3-1 through 33-3-30.

• 33-3-1. Definitions.
• 33-3-2. Certificate of authority required for transaction of insurance within state; exceptions.
• 33-3-3. Qualifications for transaction of insurance generally; transaction of insurance by insurers owned by states, foreign governments.
• 33-3-4. Kinds of insurance in which insurers may transact.
• 33-3-5. Classification of kinds of insurance.
• 33-3-6. Requirements as to capital stock or surplus generally.
• 33-3-7. Requirement of surplus for new insurers.
• 33-3-7.1. Compliance with minimum surplus requirements for mutual insurers [Repealed].
• 33-3-8. Requirements as to deposit of securities generally.
• 33-3-9. Requirement of additional deposits of securities by foreign and alien insurers.
• 33-3-10. Requirement of additional special deposits of securities by domestic, foreign, or alien insurers.
• 33-3-11. Requirement of licensed resident agent [Repealed].
• 33-3-12. Requirements as to name of insurer.
• 33-3-13. Information required in or attached to application for certificate of authority.
• 33-3-14. Application fee.
• 33-3-15. Issuance or refusal of certificate of authority generally; determining whether insurer meets definition of reinsurer; designation on certificate.
• 33-3-16. Expiration of certificate; procedure for renewal; amendment of certificate by Commissioner.
• 33-3-17. Discretionary refusal, revocation, or suspension of certificate generally.
• 33-3-18. Administrative supervision or suspension of certificate of authority for cause.
• 33-3-19. Mandatory refusal, revocation, or suspension of certificate.
• 33-3-20. Imposition of administrative fine upon insurer for certain acts of officers, employees, agents, or representatives.
• 33-3-21. Reports of business affairs and operations of insurers generally.
• 33-3-21.1. Submission of reports by property and casualty insurers; types of insurance to which requirement applies; contents of report; public inspection.
• 33-3-21.2. Analysis of adequacy of loss and loss adjustment expense reserves when reserves outside standard range.
• 33-3-21.3. Annual filings with National Association of Insurance Commissioners; agents of Commissioner not subject to civil liability; confidentiality of information.
• 33-3-22. Reports of insurers authorized to transact product liability insurance.
• 33-3-23. Restrictions as to transaction of insurance by certain organizations - Lending institutions and bank holding companies.
• 33-3-24. Restrictions as to transaction of insurance by certain organizations - Institutions of Farm Credit System.
• 33-3-25. Language simplification and reading ease standards; applicability of Code section.
• 33-3-26. Retaliation.
• 33-3-27. Reports of awards under medical malpractice insurance policies.
• 33-3-28. Request by claimant for information as to name of insurer, name of each insured, and limits of coverage.
• 33-3-29. Licensing of foreign state insurers as domestic insurers.
• 33-3-30. Principal United States place of business of alien insurer entering through this state.

Chapter 4. Actions Against Insurance Companies, 33-4-1 through 33-4-7.

• 33-4-1. Venue of actions.
• 33-4-2. Service of process - Domestic insurers.
• 33-4-3. Service of process - Alien or foreign insurers - Generally.
• 33-4-4. Service of process - Alien or foreign insurers - Service of duplicate copies of process upon designated agent or Commissioner.
• 33-4-5. Service of process - Alien or foreign insurers - Service upon chief executive officer.
• 33-4-6. Liability of insurer for damages and attorney's fees; notice to Commissioner of Insurance and consumers' insurance advocate.
• 33-4-7. Affirmative duty to fairly and promptly adjust in incidents covered by motor vehicle liability policies; actions for bad faith; notice to Commissioner of Insurance and consumers' insurance advocate.

Chapter 5. Regulation of Unauthorized Insurers, 33-5-1 through 33-5-59.

Article 1 General Provisions.

• 33-5-1. Representation of unauthorized insurers prohibited.
• 33-5-2. Validity of contracts effectuated by unauthorized insurers; dissemination of advertising for or on behalf of unauthorized insurers.
• 33-5-3. Penalty for violations of chapter.

Article 2 Surplus Line Insurance.

Part 1 GENERAL PROVISIONS.

• 33-5-20. Short title.
• 33-5-20.1. Definitions.
• 33-5-20.2. Criteria for domestic surplus lines insurer; construction with federal provisions; eligibility to write insurance; taxes; protection; financial and solvency requirements; exemption from statutory requirements.
• 33-5-21. Authorization of procurement of surplus line insurance; conditions; procuring or placing nonadmitted insurance for exempt commercial purchaser.
• 33-5-21.1. Application of Chapter 9 or Code Section 33-24-9.
• 33-5-22. Licensing of surplus line brokers generally.
• 33-5-23. Revocation or suspension of broker's license.
• 33-5-24. Acceptance and placement of business by surplus line brokers generally.
• 33-5-25. Broker to ascertain financial condition of unauthorized insurer prior to placement of insurance therewith; placement of insurance with foreign or alien insurers.
• 33-5-26. Endorsement of insurance contract by broker.
• 33-5-27. Issuance to insured by broker of evidence of insurance; issuance of substitute certificate or endorsement; delivery of policy to insured; penalties.
• 33-5-28. Maintenance by broker of records of policies written or renewed.
• 33-5-29. Filing of quarterly affidavits by surplus line brokers; filing of reports of affairs and operations by brokers.
• 33-5-30. Validity and enforceability of contracts procured as surplus line insurance.
• 33-5-31. Payment by broker of tax for privilege of doing business; computation and allocation of tax.
• 33-5-32. Penalty for failure to file quarterly affidavit or remit tax within time prescribed by law; collection and disposition of penalty.
• 33-5-33. Filing of report by persons procuring insurance with unauthorized insurers; levy, collection, and disposition of tax by persons procuring such insurance.
• 33-5-34. Venue of actions against unauthorized insurers issuing surplus line policies; service of process; filing of pleading by insurer.
• 33-5-35. Applicability of article.

Part 2 Interstate Cooperation for Collection and

Disbursement of Premium Taxes. Article 3

• 33-5-40. Legislative findings.
• 33-5-41. Governor authorized to enter into cooperative agreement, compact, or reciprocal agreement for collection of insurance premium taxes.
• 33-5-42. Agreement to substantially follow form of model Surplus Lines Insurance Multi-State Compliance Compact.
• 33-5-43. Governor to select agreement providing best financial advantage.
• 33-5-44. Notice; report.

Unauthorized Insurers Process Act. ALR. - Constitutionality of statutes relating to insurance contracts made and to be performed out of state, upon property or life within state, 32 A.L.R. 636.

• 33-5-50. Short title; construction.
• 33-5-51. Purpose of article.
• 33-5-52. Acts by insurer which constitute appointment of Commissioner as agent for service.
• 33-5-53. Service of action and process upon Commissioner; sending of notice of service to defendant; applicability.
• 33-5-54. Service of process upon solicitor, collector, or other agent of insurer.
• 33-5-55. Mode of service prescribed by article cumulative.
• 33-5-56. Right of plaintiff or complainant to default judgment or judgment with leave to prove damages.
• 33-5-57. Conditions precedent to filing of pleadings by insurer generally; granting of postponements; filing by insurer of motion to quash writ or set aside service.
• 33-5-58. Recovery of penalty and attorney's fees by plaintiff; effect of failure of insurer to defend action.
• 33-5-59. Applicability of article.

Chapter 6. Unfair Trade Practices, 33-6-1 through 33-6-37.

Article 1 General Provisions.

• 33-6-1. Purpose of article.
• 33-6-2. "Person" defined.
• 33-6-3. Unfair methods of competition or unfair and deceptive acts or practices prohibited.
• 33-6-4. Enumeration of unfair methods of competition and unfair or deceptive acts or practices; penalty.
• 33-6-5. Other unfair methods of competition and unfair and deceptive acts or practices.
• 33-6-6. Power of Commissioner as to investigation of unfair or deceptive acts or practices generally.
• 33-6-7. Conduct of hearings by Commissioner; rights of person being investigated; powers of Commissioner; service of process.
• 33-6-8. Issuance of cease and desist orders; issuance of orders providing for other relief; change in orders; date on which orders appealable.
• 33-6-9. Penalties for violations of cease and desist orders.
• 33-6-10. Judicial review - Orders of Commissioner.
• 33-6-11. Judicial review - Appeal by intervenor.
• 33-6-12. Promulgation of rules and regulations by Commissioner.
• 33-6-13. Unlawful contracts, understandings, and combinations; powers of Commissioner as to enforcement of Code section.
• 33-6-14. Construction of article.

Article 2 Unfair Claims Settlement Practices.

• 33-6-30. Short title.
• 33-6-31. Purpose.
• 33-6-32. Definitions.
• 33-6-33. When claims settlement practice improper.
• 33-6-34. Unfair claims settlement practices.
• 33-6-35. Notice of hearing; hearing procedures; cease and desist orders; penalties; judicial review; intervenors.
• 33-6-36. Rules and regulations.
• 33-6-37. Private cause of action not created or implied.

Chapter 7. Kinds of Insurance; Limits of Risks; Reinsurance, 33-7-1 through 33-7-15.

• 33-7-1. Definitions of insurance not deemed mutually exclusive.
• 33-7-2. Accident and sickness insurance.
• 33-7-3. Casualty insurance.
• 33-7-3.1. Credit insurance.
• 33-7-4. Life insurance.
• 33-7-5. Marine and transportation insurance.
• 33-7-6. Property insurance; contract requirements; rules and regulations; exemptions.
• 33-7-7. Surety insurance.
• 33-7-8. Title insurance.
• 33-7-8.1. Closing protection letters; definitions; premiums regarding such letters; maintenance of adequate reserves; rules and regulations.
• 33-7-9. Vehicle insurance.
• 33-7-10. Persons deemed subject to laws regulating life insurance companies.
• 33-7-11. Uninsured motorist coverage under motor vehicle liability policies.
• 33-7-11.1. Commencement of liability of insurer to pay benefits to third party on behalf of insured; applicability of Code section.
• 33-7-12. Effect of policy provision permitting insurer to settle or compromise claims of third persons against insured; release of claims by third persons.
• 33-7-13. Limitation of risks.
• 33-7-14. Reinsurance of risks.
• 33-7-15. Cooperation by insured with insurer in defense of action or threatened action under policy.

Chapter 8. Fees and Taxes, 33-8-1 through 33-8-13.

• 33-8-1. Fees and charges generally.
• 33-8-2. Fees and taxes imposed upon representatives of insurers of other states.
• 33-8-3. License fees of insurance companies generally.
• 33-8-4. Amount and method of computing tax on insurance premiums generally; exclusion of annuity considerations.
• 33-8-4.1. State insurance premiums tax credits for insurance companies located in certain counties designated as less developed areas; authority of commissioner of community affairs and Commissioner of Insurance.
• 33-8-4.2. Assignment, carryover, and liability regarding tax credits.
• 33-8-5. Abatement or reduction of tax on insurance premiums.
• 33-8-6. Time of payment of tax on insurance premiums; filing of returns; penalties.
• 33-8-7. Deduction from taxes of retaliatory taxes paid other states.
• 33-8-8. Preemption of taxation of insurance companies by state; exceptions; collection of license fees by municipal corporations.
• 33-8-8.1. County and municipal corporation taxes on life insurance companies.
• 33-8-8.2. County and municipal corporation taxes on other than life insurance companies.
• 33-8-8.3. Funding of services, or reduction of ad valorem taxes, in unincorporated areas of counties; powers and duties of governing authority.
• 33-8-8.4. Inactive municipalities.
• 33-8-8.5. Distribution of reimbursement of illegally assessed tax by insurance companies.
• 33-8-8.6. Nonprotested premium taxes.
• 33-8-9. Granting of refunds and credits by Commissioner.
• 33-8-10. Confidential treatment of tax information; information to be disclosed by local officials engaged in collection of taxes; violations.
• 33-8-11. Issuance of execution against persons delinquent in payment of fees or taxes.
• 33-8-12. Waiver of penalties and interest.
• 33-8-13. Exemption of certain insurance companies from taxes.

Chapter 9. Regulation of Rates, Underwriting Rules, and Related Organizations, 33-9-1 through 33-9-44.

• 33-9-1. Purpose and construction of chapter.
• 33-9-2. Definitions.
• 33-9-3. Application of chapter.
• 33-9-4. Standards applicable to making and use of rates.
• 33-9-5. Authorized joint actions by insurers generally.
• 33-9-6. Authorized joint actions by two or more admitted insurers having common ownership or operating under common management or control generally.
• 33-9-7. Authorized agreements among admitted insurers for apportionment of property and casualty insurance; approval by Commissioner; review of practices and activities.
• 33-9-8. Agreements to share high-risk applicants; approval of rates.
• 33-9-9. Use of rating systems, underwriting rules, or forms of rating or advisory organizations.
• 33-9-10. Conduct of operations by organizations engaging in joint underwriting or reinsurance.
• 33-9-11. Authorization of cooperation among rating organizations and insurers; review of cooperative activities and practices by Commissioner and proceedings thereon.
• 33-9-12. Licensing of rating organizations - Requirement of license; application for license; application fee.
• 33-9-13. Licensing of rating organizations - Evidence to be submitted by applicant for license.
• 33-9-14. Licensing of rating organizations - Examination of application; investigation of applicant; issuance of license; duration of license.
• 33-9-15. Licensing of rating organizations - Annual license fee.
• 33-9-16. Adoption by rating organizations of rules governing eligibility for membership generally.
• 33-9-17. Requirement by rating organizations of membership by all insurers having common ownership or operating under common management.
• 33-9-18. Requirements for conduct of operations by advisory organizations generally; engaging in unfair or unreasonable practices.
• 33-9-19. Requirements for conduct of operations by organizations engaging in joint underwriting and joint reinsurance generally; engaging in unfair or unreasonable practices.
• 33-9-20. Maintenance of records by organizations generally; maintenance and reporting of statistics by insurers.
• 33-9-21. Maintenance and filing rates, rating plans, rating systems, or underwriting rules; examination of claim reserve practices by Commissioner.
• 33-9-21.1. Filing and maintenance of information relating to certain casualty insurance.
• 33-9-21.2. Petition for hearing by aggrieved insurer.
• 33-9-22. Conduct of examinations of organizations by Commissioner generally; acceptance of reports of insurance supervisory officials of other states.
• 33-9-23. Examination of admitted insurers; examination of insurers transacting workers' compensation insurance.
• 33-9-24. Examination of officers, managers, agents, and employees of organizations and insurers.
• 33-9-25. Payment of costs of examinations.
• 33-9-26. Review of rate, rating plan, rating system, or underwriting rule by insurer or rating organization.
• 33-9-27. Issuance of notice by Commissioner upon determination of noncompliance with requirements of chapter.
• 33-9-28. Conduct of hearing by Commissioner upon failure to correct noncompliance; notice of hearing; matters considered at hearing.
• 33-9-28.1. Assessment of investigation costs against parties.
• 33-9-29. Issuance of remedial orders by Commissioner generally; suspension or revocation of certificate of authority or license.
• 33-9-30. Suspension or revocation of license or certificate of authority for failure to comply with order of Commissioner.
• 33-9-31. Manner of conduct of proceedings in connection with denial, suspension, or revocation of license or certificate of authority.
• 33-9-32. Validity of contracts to use rates in excess of, or lower than, generally applicable rates.
• 33-9-33. Payment of dividends, savings, or unabsorbed premium deposits by insurers.
• 33-9-34. Acts done, actions taken, or agreements made pursuant to chapter not to constitute violation under other laws.
• 33-9-35. Withholding of information; false or misleading information.
• 33-9-36. Unauthorized premiums; unlawful inducements.
• 33-9-37. Liability of insurer conspiring to fix insurance rates unauthorized by chapter.
• 33-9-38. Penalty for failure to comply with final order of Commissioner; penalty for willful violation of provision of chapter.
• 33-9-39. Restrictions on motor vehicle insurance surcharges relating to accidents involving law enforcement officers, firefighters, or emergency medical technicians.
• 33-9-40. Prohibition of motor vehicle insurance surcharges relating to accidents in which insured not at fault.
• 33-9-40.1. Rates of workers' compensation policies issued to business entities with majority interest held by the same person; limitation on maintenance of reserves; investigations of complaints.
• 33-9-40.2. Workers' compensation insurance premium discount for insured with drug-free workplace program.
• 33-9-40.3. Employers to provide work based learning opportunities for students age 16 and older.
• 33-9-41. Study of effect of 1987 legislation on loss experience; cooperation of insurers; report to General Assembly [Repealed].
• 33-9-42. Reduction in premiums for motor vehicle liability, first-party medical, and collision coverages for certain named drivers.
• 33-9-43. Reduction in premiums for motor vehicle liability, first-party medical, and collision coverage for named drivers under 25 years of age.
• 33-9-44. Legislative intent.

Chapter 10. Assets and Liabilities, 33-10-1 through 33-10-17.

• 33-10-1. Assets considered in determining financial condition of insurers - Generally.
• 33-10-2. Assets considered in determining financial condition of insurer - Excluded assets.
• 33-10-3. Deduction of assets from liabilities and liabilities from assets generally.
• 33-10-4. Reporting of unallowed assets and assets of doubtful value or character as deduction from gross assets.
• 33-10-5. Capital stock and liabilities charged against assets.
• 33-10-6. Required reserves - Unearned premium reserve for property, general casualty, and surety insurance generally.
• 33-10-7. Required reserves - Marine insurance.
• 33-10-8. Required reserves - Accident and sickness insurance.
• 33-10-9. Required reserves - Employers' liability and workers' compensation insurance [Repealed].
• 33-10-10. Required reserves - Title insurance.
• 33-10-11. Requirement of special reserve for certain bonds.
• 33-10-12. Requirement by Commissioner of increase in loss reserves.
• 33-10-13. Standard valuation.
• 33-10-14. Valuation of investments.
• 33-10-15. Valuation of reserves - Other securities; preferred or guaranteed stocks or shares; stock of subsidiary corporation.
• 33-10-16. Valuation of reserves - Real and personal property.
• 33-10-17. Valuation of reserves - Purchase money mortgages.

Chapter 11. Investments, 33-11-1 through 33-11-89.

Article 1 Investments of Certain Insurers.

• 33-11-1. Scope of article.
• 33-11-2. Eligible investments; investment limitations.
• 33-11-3. Acquisition of securities or investments by insurers generally.
• 33-11-4. Authorization of loan or investment of insurer.
• 33-11-5. Required investments; limitations.
• 33-11-6. Authorized investments generally - Cash or deposits.
• 33-11-7. Authorized investments generally - Securities of open-end management investment company or investment trust.
• 33-11-8. Authorized investments generally - Foreign securities.
• 33-11-9. Authorized investments generally - Obligations of government of United States generally.
• 33-11-10. Authorized investments generally - Securities which are not evidenced by certificates.
• 33-11-11. Authorized investments generally - Loans guaranteed by government of United States.
• 33-11-12. Authorized investments generally - Securities of states of United States, District of Columbia, or government of Canada.
• 33-11-12.1. Investment in direct obligations of foreign governments.
• 33-11-13. Authorized investments generally - Obligations of political subdivisions or public authorities of states of United States, District of Columbia, or government of Canada.
• 33-11-14. Authorized investments generally - Industrial development obligations.
• 33-11-14.1. Authorized investments generally - Securities of federal agencies.
• 33-11-15. Authorized investments generally - Securities of public housing authorities or agencies.
• 33-11-16. Authorized investments generally - Obligations issued, assumed, or guaranteed by International Bank for Reconstruction and Development or International Finance Corporation.
• 33-11-17. Authorized investments generally - Obligations issued, assumed, or guaranteed by Asian Development Bank.
• 33-11-18. Authorized investments generally - Obligations issued, assumed, or guaranteed by Inter-American Development Bank.
• 33-11-19. Authorized investments generally - Loans guaranteed by Georgia Higher Education Assistance Corporation.
• 33-11-19.1. Authorized investments generally - Obligations issued, assumed, or guaranteed by African Development Bank.
• 33-11-19.2. Authorized investments generally - Loans guaranteed by United Student Aid Funds, Inc.
• 33-11-20. Authorized investments generally - Obligations of corporations generally.
• 33-11-21. Authorized investments generally - Corporate stocks.
• 33-11-22. Authorized investments generally - Equipment trust obligations or certificates.
• 33-11-23. Authorized investments generally - Loans secured by pledge of securities or by pledge or assignment of life insurance policies.
• 33-11-24. Authorized investments generally - Loans to policyholders secured by policy [Repealed].
• 33-11-25. Authorized investments generally - Obligations secured by first mortgage or deed of trust upon improved or income-producing real property in United States or Canada.
• 33-11-25.1. Authorized investments generally - Security representing interest in pool of loans secured by mortgage or deed of trust upon property in United States or Canada.
• 33-11-26. Authorized investments generally - Chattel mortgage loans.
• 33-11-27. Authorized investments generally - Abstract plant and equipment and stocks of abstract companies.
• 33-11-28. Authorized investments generally - Investments incidental to preservation or enhancement of earnings of real property securing evidence of indebtedness held by insurer.
• 33-11-29. Acquisition or holding of real property - Generally.
• 33-11-30. Acquisition or holding of real property - Investment of assets in real estate acquired for purposes of leasing.
• 33-11-31. Acquisition or holding of real property - Acquisition and holding of real property for recreation, hospitalization, convalescence, and retirement of employees.
• 33-11-32. Acquisition or holding of real property - Limitation on investments pursuant to Code Sections 33-11-30 and 33-11-31.
• 33-11-33. Prohibited investments; underwriting of offering of securities or property by other persons.
• 33-11-34. Separate accounts for funds received in connection with pension, retirement, and profit-sharing plans; investment of funds; issuance of contracts [Repealed].
• 33-11-35. Separate accounts for variable annuity contracts; investment of funds; issuance and sale of contracts [Repealed].
• 33-11-36. Separate accounts for variable life insurance policies; investment of funds; issuance and sale of policies [Repealed].
• 33-11-37. Investment of funds in excess of reserve and capital, or surplus, in authorized and approved investments.
• 33-11-38. Authority of insurers to convey property or securities in which moneys or assets invested or upon which loans made.
• 33-11-39. Time limit for disposal by insurer of real estate.
• 33-11-40. Time limit for disposal by insurer of personal property or securities deemed unauthorized investments.
• 33-11-41. Effect of failure of insurer to dispose of real estate, personal property, or securities.
• 33-11-42. Investments of foreign and alien insurers; place of domicile.
• 33-11-43. Compliance with Secondary Mortgage Market Enhancement Act.

Article 2 Investments of Life, Accident and Sickness, Property, and Casualty Insurers.

• 33-11-50. Legislative purpose; application of article; separate accounts.
• 33-11-51. Definitions.
• 33-11-52. Determining minimum financial security benchmark.
• 33-11-53. Factors to be considered in determining prudence.
• 33-11-54. Written plan and policy; duty of board of directors.
• 33-11-55. Investments eligible for support of outstanding liabilities.
• 33-11-56. Conditions for engaging in derivative transactions.
• 33-11-57. Requirements regarding admitted assets at time of acquisition; nonadmitted assets; relation of investment limitation; qualification of investments; documentation; authority of Commissioner; insurance futures.
• 33-11-58. Percentage of securities from single issuer; assignment of excesses; compliance; investment in government obligations.
• 33-11-59. Obligations in different currencies.
• 33-11-60. Prohibited investments and activities.
• 33-11-61. Using investment assets to satisfy minimum assets requirements; qualification of admitted assets; determining financially hazardous insurer.
• 33-11-62. Retention of personnel to assist Commissioner; confidentiality.
• 33-11-63. Determination by Commissioner of noncompliance; reasonable additional restrictions; consideration of other assets by Commissioner.
• 33-11-64. Conditions under which insurer shall not acquire an investment; special rated credit instruments.
• 33-11-65. Establishment of separate accounts by domestic life insurance companies.
• 33-11-66. Cumulative nature of Code section; variable annuity contract; separate accounts; conduct of business; licensed or organized to do business in state; Commissioner's role.
• 33-11-67. Variable contract insurance policies; separate accounts; power of company; statement of essential features in determining benefits; certificate of authority; Commissioner's role; insurance license required.

Article 3 Investment Pools.

• 33-11-80. Short title.
• 33-11-81. Applicability.
• 33-11-82. Definitions.
• 33-11-83. Authorization and requirements for insurers acquiring investments in investment pools.
• 33-11-84. Qualification in investment pool.
• 33-11-85. Limitations to insurer's investment.
• 33-11-86. Management of investment pool.
• 33-11-87. Notification to Commissioner; ownership; inspection.
• 33-11-88. Business entity requirement.
• 33-11-89. Standards not applicable; reporting.

Chapter 12. Administration of Deposits, 33-12-1 through 33-12-17.

• 33-12-1. Persons with whom required deposit to be made; acceptance and holding in trust of deposits generally.
• 33-12-2. Purposes for which deposits to be held.
• 33-12-3. Assets deemed eligible for deposit.
• 33-12-4. Designation of state depositories; responsibility for safekeeping of deposits; acceptance of book-entry securities as securities.
• 33-12-5. Rights of insurers as to recovery, exchange, and inspection of deposits generally.
• 33-12-6. Deposit of securities in amounts exceeding required or permitted deposit.
• 33-12-7. Procedure upon occurrence of deficiencies in deposits of insurers generally.
• 33-12-8. Release of deposits generally.
• 33-12-9. Requirement of application and order for release of deposits; liability of Commissioner for release.
• 33-12-10. Levy upon deposits by claimants.
• 33-12-11. Retention of amount to pay judgment in event of occurrence of loss by insured; application for appointment of receiver.
• 33-12-12. Proceedings upon appointment of receiver generally.
• 33-12-13. Proceedings upon appointment of receivers for satisfaction of multiple claims.
• 33-12-14. Proceeding by Commissioner upon reduction in amount of deposit resulting from occurrence or loss by insured; effect of failure to deposit additional securities.
• 33-12-15. Limitation period for settlement or renewal of claims against deposits of insurers; procedure upon settlement of claims.
• 33-12-16. Effect of order of general receivership.
• 33-12-17. Withdrawal of deposit.

Chapter 13. Insurance Holding Company Systems, 33-13-1 through 33-13-41.

Article 1 General Provisions.

• 33-13-1. Definitions.
• 33-13-2. Acquisition or organization of subsidiaries by domestic insurers; conduct of business by subsidiaries; investment by insurers in securities of subsidiaries.
• 33-13-3. Acquisition of control of or merger with domestic insurer.
• 33-13-3.1. Acquisition of insurer; effect on competition.
• 33-13-4. Registration of insurers belonging to holding company systems.
• 33-13-5. Standards governing transactions by registered insurers with affiliates generally; extraordinary distributions; adequacy of surplus.
• 33-13-6. Powers of Commissioner to examine insurers; access to books and records; use of experts and consultants; payment of expenses; compelling production.
• 33-13-7. Power of Commissioner to participate in supervisory college; payment of expenses associated with participation in supervisory college.
• 33-13-8. Confidentiality of information and documents obtained during examinations or investigations; sharing certain information; not delegation of regulatory authority or rule making; responsibility for enforcement.
• 33-13-9. Rules and regulations and orders.
• 33-13-10. Injunctions; seizure or sequestration of voting securities.
• 33-13-11. Violations of this article.
• 33-13-12. Receivership.
• 33-13-13. Revocation, suspension, or nonrenewal of license or authority to do business.
• 33-13-14. Recovery by receiver of distributions paid in event of liquidation, rehabilitation, or conservation of insurer.
• 33-13-15. Aggrieved persons; appeal of actions of Commissioner; mandamus.

Article 2 Own Risk and Solvency Assessment Report.

• 33-13-30. Confidential and sensitive information within Own Risk and Solvency Assessment Summary Report; legislative intent.
• 33-13-31. Purpose.
• 33-13-32. Definitions.
• 33-13-33. Maintenance of risk management framework.
• 33-13-34. Required conduct of ORSA.
• 33-13-35. Submission of ORSA Summary Report.
• 33-13-36. Exemption.
• 33-13-37. Preparation of report; review and use.
• 33-13-38. Confidentiality and protection.
• 33-13-39. Penalty for noncompliance.
• 33-13-40. Severability.
• 33-13-41. Effective date for compliance.

• 33-13A-1. Short title.
• 33-13A-2. Definitions.
• 33-13A-3. Reorganization plans.
• 33-13A-4. Procedure for reorganization.
• 33-13A-5. Incorporation of reorganized insurer.
• 33-13A-6. Required compliance; treatment of assets.
• 33-13A-7. Application of other statutory provisions.
• 33-13A-8. Effect of membership interest.
• 33-13A-9. Offerings of voting stock; duties of Commissioner.
• 33-13A-10. Policyholder meetings.
• 33-13A-11. Treatment of stock.
• 33-13A-12. Legislative intent regarding impact on taxation.
• 33-13A-13. Regulatory authority.

Chapter 14. Domestic Stock and Mutual Insurers, 33-14-1 through 33-14-109.

Article 1 General Provisions.

• 33-14-1. Applicability of chapter.
• 33-14-2. Definitions.
• 33-14-3. Applicability of general corporation statutes.
• 33-14-4. Execution and contents of application for charter.
• 33-14-5. Filing of application for charter; fee; certification and publication of application; approval or disapproval of charter.
• 33-14-6. Grant of corporate powers and privileges; issuance of certificate of incorporation; recordation of documents; appointment of attorney for acceptance of service of process.
• 33-14-7. Name of corporation.
• 33-14-8. Procedures for amendment or renewal of charter.
• 33-14-9. Powers of corporations generally.
• 33-14-10. Sale of subscriptions for insurance securities and sale offer of insurance securities.
• 33-14-11. Charitable, scientific, or educational donations.
• 33-14-12. Number, qualifications, election, and terms of directors.
• 33-14-13. Maintenance of principal place of business and records; maintenance of assets within state; removal of records or assets from state without approval.
• 33-14-14. Filing and terms of management and exclusive agency contracts; approval or disapproval of contracts by Commissioner.
• 33-14-15. Borrowing of money.
• 33-14-16. Participating and nonparticipating policies; earned dividend not to be made contingent upon payment of renewal premium.
• 33-14-17. Voting securities.
• 33-14-18. Filing of registration statement by holding company prior to offering of stock for sale to public; contents of statement; approval or disapproval of sale by Commissioner.
• 33-14-19. Regulation of financial interests in and transactions with insurers by officers, directors, committee members, or employees.
• 33-14-20. Limitation on commission received by persons selling stock of insurers; participation by corporate officers in commissions.
• 33-14-21. Limitation on organizational expenses.
• 33-14-22. Proceedings for correction of deficiency in assets or capital of insurer; institution of delinquency proceedings upon failure to correct deficiency.
• 33-14-23. Extinguishment of charters of corporations not actively engaged in business; automatic extinguishment of charter upon merger or consolidation.
• 33-14-24. Procedure for voluntary dissolution generally; effective date of dissolution; conditions precedent to effectuation of dissolution.
• 33-14-25. Procedure for surrender of charter.
• 33-14-26. Powers and duties of directors as trustees upon expiration of period of corporate existence; filling of vacancies and replacement of directors.
• 33-14-27. Continuance of corporate existence subsequent to dissolution or expiration.

Article 2 Domestic Stock Insurers.

• 33-14-40. Reinsurance of risks generally; bulk insurance agreements.
• 33-14-41. Dividends payable only out of realized profits or upon special approval of Commissioner.
• 33-14-42. Illegal dividends.
• 33-14-43. Authorization and procedure for merger or consolidation; receipt of consideration by directors, officers, agents, or employees.
• 33-14-44. Authorization and procedure for conversion of stock insurer to mutual insurer.
• 33-14-45. Classes of common or preferred shares.

Article 3 Domestic Mutual Insurers.

• 33-14-60. Bylaws.
• 33-14-61. Types of insurance in which newly organized insurers authorized to transact business; requirements as to transaction of particular kinds of insurance generally.
• 33-14-62. Authorization of transaction of additional kinds of insurance.
• 33-14-63. Filing of surety bond or deposit by incorporators of proposed insurer; conditions of bond or deposit; release and discharge.
• 33-14-64. Solicitation of applications for policies upon approval of bond or deposit; provisions and execution of applications; requirement of cash premiums.
• 33-14-65. Deposit of premiums and fees collected; issuance and delivery of policies by insurers; effective date of insurance.
• 33-14-66. Return of deposits or premiums upon failure of proposed insurer to complete organization and secure original certificate of authority.
• 33-14-67. Policyholders deemed members of insurers; persons entitled to become members; liability upon insurance contracts of representatives of members; rights of members generally.
• 33-14-68. Contingent liability of members.
• 33-14-69. Levy of assessment by directors; computation of assessment; allowance of offsets against assessments.
• 33-14-70. Notice of assessment; presumption as to correctness of assessment; proceedings upon failure of member to pay assessment.
• 33-14-71. Extinguishment of contingent liability; revocation of authority to issue policies without contingent liability; issuance of nonassessable policies by foreign or alien insurers.
• 33-14-72. Reinsurance of risks.
• 33-14-73. Dividends payable only out of net realized savings and earnings.
• 33-14-74. Liability of directors for declaration or payment of illegal dividend.
• 33-14-75. Procedure for merger or consolidation.
• 33-14-76. Authorization and procedure for conversion of mutual insurer to stock insurer.
• 33-14-77. Distribution of assets to members upon liquidation of insurers generally; calculation of distributive shares of members.

Article 4 Insider Trading of Domestic Stock Insurer Equity Securities.

• 33-14-90. "Equity security" defined.
• 33-14-91. Filing of statements of equity securities ownership.
• 33-14-92. Authorization of actions to recover for insurer profits from purchases and sales, or sale and purchase, within period of less than six months.
• 33-14-93. Unlawful sales of securities.
• 33-14-94. Transactions exempted from article - Sales by dealers in ordinary course of business and incident to establishment or maintenance of primary or secondary market.
• 33-14-95. Transactions exempted from article - Foreign or domestic arbitrage transactions.
• 33-14-96. Transactions exempted from article - Transactions in securities registered under Section 12 of Securities Exchange Act of 1934.
• 33-14-97. Promulgation of rules and regulations by Commissioner; effect of rules and regulations upon liability under Code Sections 33-14-91 through 33-14-93.

Article 5 Limited Purpose Subsidiary

Insurance Companies. Cross references. - Factors giving rise to insolvency of stock or mutual insurer, § 33-37-2.

• 33-14-100. Definitions.
• 33-14-101. Authorization to organize domestic limited purpose subsidiary.
• 33-14-102. Approval of operation plan and certificate of authority requirements; certain disclosure requirements; examination by Commissioner.
• 33-14-103. Powers of limited purpose subsidiary.
• 33-14-104. Investment of funds.
• 33-14-105. Officers and directors.
• 33-14-106. Reinsurance.
• 33-14-107. Assets.
• 33-14-108. Applicability of certain Code provisions.
• 33-14-109. Adoption of rules.

Chapter 15. Fraternal Benefit Societies, 33-15-1 through 33-15-123.

Article 1 Organization and Governance; Definitions.

• 33-15-1. Description of fraternal benefit society.
• 33-15-2. Lodge system; lodges for children.
• 33-15-3. Representative form of government; supreme governing body; officers.
• 33-15-4. Definitions.
• 33-15-5. Purposes of society; adoption of laws and rules.

Article 2 Provisions of Laws and Rules;

Membership Classes; Principal Office; Indemnification.

• 33-15-20. Membership classes; eligibility standards; rights and privileges.
• 33-15-21. Principal office of society; meetings; official publications; annual statement; provision for grievance or complaint procedures.
• 33-15-22. Limited liability of officers and members; indemnification; insurance.
• 33-15-23. Limitation on power of subordinate body.

Article 3 Formation and Petitions for Charter; Amendments of Laws; Reinsurance; Consolidations and Mergers; Conversions.

• 33-15-40. Formation of society; petition for charter; preliminary certificate of authority; advance premiums; certificate of authority.
• 33-15-41. Amendment of laws; referendum; approval of Commissioner.
• 33-15-42. Operation of not for profit institutions.
• 33-15-43. Reinsurance.
• 33-15-44. Consolidations or mergers.
• 33-15-45. Conversion to mutual life insurance company.

Article 4 Benefit Contracts.

• 33-15-60. Contractual benefits allowed; persons covered.
• 33-15-61. Beneficiary designations; funeral benefits; payment upon death of person without lawful beneficiary.
• 33-15-62. Exemption of benefits from process.
• 33-15-63. Certificate of benefits; effect of changes or additions; benefit contract binding upon children; assessment; evidentiary value; filing requirements; transfer of control of ownership; assignment.
• 33-15-64. Provisions on control of exercise of rights incident to certificate; printing; notice and consent requirements.
• 33-15-65. Value of paid-up nonforfeiture benefits and amounts of cash surrender values, loans, or other options.

Article 5 Assets and Investments.

• 33-15-80. Investments of funds.
• 33-15-81. Disposition of assets; funds; accounts.
• 33-15-82. Exemption from other insurance laws.
• 33-15-83. Exemption from taxation.

Article 6 Valuation Standards; Licenses and Renewals; Examinations; Violations; Agents or Representatives.

• 33-15-100. Standards of valuation.
• 33-15-101. Annual statements.
• 33-15-102. Renewal of licenses.
• 33-15-103. Examinations.
• 33-15-104. Licensing of foreign or alien societies.
• 33-15-105. Deficiencies of domestic society; notice; surrender of charter.
• 33-15-106. Deficiencies of foreign or alien society; notice; enforcement procedures.
• 33-15-107. Licensing of agents or representatives; exemptions.
• 33-15-108. Applicability of unfair trade practices laws.

Article 7 Miscellaneous Provisions.

• 33-15-120. Appointment of Commissioner as agent for service of process.
• 33-15-121. Review of decisions and findings of Commissioner.
• 33-15-122. Violation; penalties.
• 33-15-123. Exempt societies, orders, or associations.

Chapter 16. Farmers' Mutual Fire Insurance Companies, 33-16-1 through 33-16-22.

• 33-16-1. Scope of chapter.
• 33-16-2. "Domestic farmers' mutual fire insurance companies" defined; risks against which companies may write insurance.
• 33-16-3. Procedure for incorporation of companies generally; filing and contents of application for charter; granting of charter by Secretary of State.
• 33-16-4. Issuance of certificate of authority; qualifications; proposed changes to plan of operation.
• 33-16-5. Annual license fee.
• 33-16-6. Board of directors generally.
• 33-16-7. Power of board to borrow money and pledge assets of company.
• 33-16-8. Contents of bylaws generally; amendment of bylaws; provision for exclusion of members.
• 33-16-9. Inclusion of bylaws in insurance policy; inclusion in policy of statement of contingent liability of members.
• 33-16-10. Inclusion in policy of provision against waiver of bylaws.
• 33-16-11. Holding of annual and special meetings of members; notice of meetings.
• 33-16-12. Voting by policyholders at meetings.
• 33-16-13. Amount of minimum surplus required.
• 33-16-14. Limitations on amounts of risks.
• 33-16-15. Reinsurance.
• 33-16-16. Liability of members for losses and expenses of companies.
• 33-16-17. Actions by or against companies.
• 33-16-18. Filing of annual statement with Commissioner.
• 33-16-19. Examination of companies by Commissioner; payment of costs of examinations.
• 33-16-20. Exemption from taxes, costs, and fees.
• 33-16-21. Applicability of other provisions of title to companies.
• 33-16-22. Conversion of companies into mutual insurance companies.

Chapter 17. Reciprocal Insurers, 33-17-1 through 33-17-31.

• 33-17-1. Definitions.
• 33-17-2. Applicability of chapter.
• 33-17-3. Authorization of transaction of insurance by reciprocal insurers generally.
• 33-17-4. Types of insurance in which reciprocal insurers authorized to transact business; reinsurance.
• 33-17-5. Requirements as to name; actions by and against insurers.
• 33-17-6. Procedure for incorporation of domestic reciprocal insurer generally; application for certificate of authority; execution and filing by attorney of declaration; contents of declaration.
• 33-17-7. Issuance of certificate of authority; refusal, suspension, or revocation of certificate of authority; renewal of certificate; payment of fees and taxes.
• 33-17-8. Filing of bond by attorney for insurer; amount of bond; cancellation of bond.
• 33-17-9. Maintenance by attorney of deposit in lieu of bond.
• 33-17-10. Actions on attorney's bond or deposit.
• 33-17-11. Rights and powers of attorney for insurer generally; contents and terms of power of attorney; furnishing of copy of power of attorney to subscribers.
• 33-17-12. Effect of discharge of duties by attorney of foreign or alien insurer; office of attorney.
• 33-17-13. Designation by insurer of person to acknowledge or accept service of process; manner of service of process; effect of judgment based upon process served in manner prescribed.
• 33-17-14. Subscribers' advisory committee.
• 33-17-15. Modifications of terms of subscribers' agreement or of power of attorney.
• 33-17-16. General requirements for transaction of insurance by domestic reciprocal insurers.
• 33-17-17. Advancement of sums to insurer by attorney or other parties; withdrawal or repayment of advances.
• 33-17-18. Persons and organizations authorized to become subscribers; exchange of insurance contracts; personal liability upon contracts.
• 33-17-19. Liability of subscribers for obligations of insurer generally; contingent liability assessment.
• 33-17-20. Enforcement against subscriber of judgment against insurer.
• 33-17-21. Standards for determination by Commissioner of financial condition of insurer.
• 33-17-22. Manner of levy of assessments against subscribers generally; computation of assessments.
• 33-17-23. Limitation period for assessments.
• 33-17-24. Maximum assessable aggregate contingent liability.
• 33-17-25. Insufficient assets to discharge liabilities and to maintain required surplus.
• 33-17-26. Authorization and procedure for issuance by Commissioner of certificate authorizing insurer to extinguish contingent liability of subscribers; revocation of certificate.
• 33-17-27. Distribution of unused premiums, savings, credits, or profits to subscribers.
• 33-17-28. Distribution of assets to subscribers upon liquidation of insurer.
• 33-17-29. Filing of annual statement with Commissioner.
• 33-17-30. Merger of reciprocal insurers; conversion of reciprocal insurers to stock or mutual insurers.
• 33-17-31. Exchange of contracts or indemnities by attorneys.

Chapter 20. Health Care Plans, 33-20-1 through 33-20-34.

• 33-20-1. Short title.
• 33-20-2. Purpose and construction of chapter.
• 33-20-3. Definitions.
• 33-20-4. Authorization of formation of health care corporations generally.
• 33-20-5. Procedure for formation of health care corporations; regulation and supervision of corporations by Commissioner generally.
• 33-20-6. Board of directors; merger or consolidation of medical service corporations and hospital service corporations; powers of health care corporations generally [Repealed].
• 33-20-7. Bond of treasurer; deposit of funds collected from subscribers.
• 33-20-8. Certificate of authority - Requirement; application.
• 33-20-9. Certificate of authority - Issuance.
• 33-20-10. Certificate of authority - Expiration, renewal, and amendment.
• 33-20-11. Certificate of authority - Refusal, revocation, or suspension generally.
• 33-20-12. Certificate of authority - Mandatory refusal, revocation, or suspension.
• 33-20-13. Management of corporations; general powers; requirements as to reserves, minimum subscriber's surpluses, and charges.
• 33-20-14. Acceptance of applications.
• 33-20-15. Issuance and contents of membership certificates.
• 33-20-16. Right to become participating physician or approved health care provider.
• 33-20-17. Powers of corporations to contract for provision of health care services; receipt of payments.
• 33-20-18. Sale of contracts providing for payment of specified charges made by participating physicians; right of subscribers to select physicians; liability of corporations for negligence of physicians.
• 33-20-19. Regulation and supervision of corporations by Commissioner generally; payment of fees and taxes by corporations generally.
• 33-20-20. Submission to Commissioner of operating plan, schedule of rates, and amount of service; approval by Commissioner.
• 33-20-21. Approval of Commissioner of rates to be paid to providers of services.
• 33-20-22. Investment of funds of corporations.
• 33-20-23. Maintenance of books and records showing funds collected and disbursed; examination of books and records by Commissioner.
• 33-20-24. Filing of reports with Commissioner.
• 33-20-25. Liability for expenses of Commissioner's supervisory and other activities.
• 33-20-26. Powers of Commissioner as to protection of subscribers and public health and welfare.
• 33-20-27. Imposition by Commissioner of administrative fine for certain acts of officers, employees, agents, or representatives of corporations.
• 33-20-28. Termination of organizers, solicitors, or agents engaging in unfair or deceptive practices.
• 33-20-29. Unlawful actions by unauthorized persons.
• 33-20-30. Resolution of disputes.
• 33-20-31. Applicability and construction of chapter.
• 33-20-32. Application of other provisions of Code to health care corporations.
• 33-20-33. Payment of distribution of reserved funds or surplus; requirements for initial public offering; fees, taxes, and assessments; applicability of other provisions of Title 33; regulation.
• 33-20-34. Conversion of nonprofit health care corporation; requirements and procedures; rules and regulations.

Article 1 Patient Protection.

• 33-20A-1. Short title.
• 33-20A-2. Legislative findings.
• 33-20A-3. Definitions.
• 33-20A-4. Certification requirements; review and recertification; sanctions for failure to meet requirements; alternative methods for certification.
• 33-20A-5. Standards for certification.
• 33-20A-6. Financial incentive programs prohibited; capitated payment arrangement allowed.
• 33-20A-7. Penalizing provider for discussing necessary or appropriate care with patient prohibited; penalty for providing records and assistance prohibited; penalty for violations.
• 33-20A-7.1. Application; managed care plan's liability following precertification; availability of personnel for precertification procedure.
• 33-20A-8. Confidentiality and accuracy of patient records.
• 33-20A-9. Emergency services requirements; restrictive formulary requirements.
• 33-20A-9.1. Legislative intent; consumer choice option; provisions; increased expenses; covered benefits; forms.
• 33-20A-10. Chapter inapplicable to workers' compensation provisions.

Article 2 Patient's Right to Independent Review.

• 33-20A-30. Short title.
• 33-20A-31. Definitions.
• 33-20A-32. Right to appeal.
• 33-20A-33. Minimum expense of treatment prior to review.
• 33-20A-34. Representatives for enrollee; cost of review; cooperation.
• 33-20A-35. Request for independent review.
• 33-20A-36. Additional information required for independent review.
• 33-20A-37. Effect of favorable determinations.
• 33-20A-38. Organizational and employee liability.
• 33-20A-39. Certification of independent review organizations; conflict of interest; quality assurance mechanism; copies of nonproprietary information.
• 33-20A-40. Determining medical necessity or whether a treatment is experimental.
• 33-20A-41. Rules and regulations.
• 33-20A-42. Grievance procedures and hearings for Medicaid care management members.

Article 3 Managed Health Care Plans.

• 33-20A-60. Definitions.
• 33-20A-61. Physician contracts.
• 33-20A-62. Payment.

Article 4 Joint Committee to Study Prescription Costs in State Funded Health Care Plans [Repealed].

• 33-20A-70. Creation; members; meetings; duties; cooperation by the Department of Community Health; members' expenses; repealer [Repealed].

• 33-20B-1. Short title.
• 33-20B-2. Definitions.
• 33-20B-3. Qualifications for participating providers; reasonable consideration.
• 33-20B-3.1. Health maintenance organizations' expansion into rural areas.
• 33-20B-4. Termination as a participating provider.
• 33-20B-5. Hearing and appeal rights of denied providers.
• 33-20B-6. Administration.

• 33-20C-1. Definitions.
• 33-20C-2. Online provider directories; printed directories by request; required content; accessibility.
• 33-20C-3. Required and accurate information in directories; reporting; reimbursement for reliance.
• 33-20C-4. Information and searchable format for directories; exclusion for dental plans.
• 33-20C-5. Printed directories; accuracy; application to standalone dental plans.
• 33-20C-6. Exclusion for services provided through Department of Community Health.

• 33-20D-1. Definitions.
• 33-20D-2. Registration with Commissioner; requirements; fee; approved list.
• 33-20D-3. Prohibited activities; confidentiality agreements.
• 33-20D-4. Rights and responsibilities imposed on third parties.
• 33-20D-5. Exclusions.
• 33-20D-6. Penalties.

Chapter 21. Health Maintenance Organizations, 33-21-1 through 33-21-29.

• 33-21-1. Definitions.
• 33-21-2. Procedure for establishment of health maintenance organizations generally; notice of modification; exemption of item from filing requirements.
• 33-21-3. Grounds and procedure for issuance or denial of certificate of authority; endorsement of change of address upon certificate of authority.
• 33-21-4. Annual license fee.
• 33-21-5. Suspension or revocation of certificate of authority.
• 33-21-6. Composition of governing body; duty to establish mechanism for participation by enrollees in matters of policy and operation.
• 33-21-7. Fiduciary responsibilities of directors, officers, or partners.
• 33-21-8. Powers of organizations generally; filing of notice of exercise of powers.
• 33-21-9. Establishment and maintenance of complaint system; maintenance of records of complaints; summary reports; examination of system.
• 33-21-10. Responsibility of organizations for financial risks of providing services generally; reinsurance of risks; deposit of cash or securities with Commissioner.
• 33-21-11. Investment of funds of organizations.
• 33-21-12. Participation in organizations by members of associations.
• 33-21-13. Evidence of coverage; filing and approval of basic rates and method of computation of coverage.
• 33-21-14. Annual information to enrollees.
• 33-21-15. Filing of annual reports; contents.
• 33-21-16. Fees and taxes.
• 33-21-17. Examinations of organizations and providers; reports of examinations; payment of expenses of examinations.
• 33-21-18. Adoption of rules and regulations generally.
• 33-21-18.1. Emergency services requirements; restrictive formulary requirements.
• 33-21-19. Promulgation of rules and regulations for licensing of agents.
• 33-21-20. Conduct of hearings generally; participation in hearings by commissioner of community health; judicial review.
• 33-21-20.1. Regulation of HMOs by commissioner of community health.
• 33-21-21. Authority of commissioner of community health to contract for making of recommendations required by chapter; acceptance of recommendations.
• 33-21-22. Applications, filings, and reports to be treated as public documents.
• 33-21-23. Confidentiality of medical information; claim of privileges by organizations.
• 33-21-24. Rehabilitation, liquidation, or conservation of organizations.
• 33-21-25. Organization and operation of health maintenance organizations by insurers or health care corporations.
• 33-21-26. Untrue or misleading statements; deceptive evidence of coverage; cancellation or nonrenewal of enrollees.
• 33-21-27. Enforcement of chapter; penalties for violations of chapter.
• 33-21-28. Applicability of provisions of title and of other laws to health maintenance organizations and representatives.
• 33-21-29. Point-of-service option for persons offered health care coverage through health maintenance organization.

• 33-21A-1. Short title.
• 33-21A-2. Definitions.
• 33-21A-3. Certificate of authority required; setting of rates; authority of commissioners.
• 33-21A-4. Reimbursement for emergency health care services.
• 33-21A-5. Requirements relating to critical access hospitals.
• 33-21A-6. Coverage for newborn infants until discharged from inpatient care.
• 33-21A-7. Bundling of provider complaints and appeals.
• 33-21A-8. Participation by dentists.
• 33-21A-9. Submission and payment of claims.
• 33-21A-10. New and renewal agreements with care management organizations and health care providers.
• 33-21A-11. Hospital statistical and reimbursement reports from care management organizations; penalty.
• 33-21A-12. Federal law, rule and regulations control.

Chapter 22. Insurance Premium Finance Companies, 33-22-1 through 33-22-16.

• 33-22-1. Short title.
• 33-22-2. Definitions.
• 33-22-3. Requirement of license for transaction of business; fees; change of address; examination of applicants.
• 33-22-4. Investigation of applicants for licenses; issuance or denial of license generally; hearing; grounds for issuance or denial.
• 33-22-5. Minimum capital requirements; deposit of securities or filing of bond.
• 33-22-6. Grounds and procedure for revocation, suspension, or nonrenewal of license or imposition of probation or fine.
• 33-22-7. Maintenance of records of transactions by licensees; examination of records by Commissioner.
• 33-22-8. Form, contents, execution, and delivery of premium finance agreement; financing of additional premiums.
• 33-22-9. Service charges.
• 33-22-10. Delinquency charges; returned check fees.
• 33-22-11. Necessity of filing of premium finance agreement.
• 33-22-12. Notification of insurer by finance company of existence of premium finance agreement.
• 33-22-12.1. Notice to insured by premium finance company; copy of premium finance agreement; notice of existence of power of attorney.
• 33-22-13. Procedure for cancellation of insurance contract upon default.
• 33-22-14. Disposition of unearned premiums upon cancellation of insurance policy.
• 33-22-14.1. Transmissions of electronic records subject to provisions of Uniform Electronic Transactions Act.
• 33-22-15. Promulgation of rules and regulations by Commissioner.
• 33-22-16. Applicability of chapter.
• 33-22-999.

Chapter 23. Licensing, 33-23-1 through 33-23-205.

Index to Title 33 ________

An index to Title 33 is located at the end of Volume 25. Article 1

Agents, Agencies, Subagents, Counselors, and Adjusters. Article 2

• 33-23-1. Definitions.
• 33-23-1.1. Counselor's additional ancillary services considered a separate transaction.
• 33-23-2. Licenses to be issued only to individuals [Repealed].
• 33-23-3. Agency licensing and biennual renewals; ownership restrictions.
• 33-23-4. License required; restrictions on payment or receipt of commissions; positions indirectly related to sale, solicitation, or negotiation of insurance excluded from licensing requirements.
• 33-23-5. Qualifications and requirements for license.
• 33-23-5.1. Conviction data.
• 33-23-6. Bond requirements for applicants for adjuster's license.
• 33-23-7. Bond requirement for applicants for counselor's license.
• 33-23-8. Form and contents of license application; fees.
• 33-23-9. Study materials for applicants.
• 33-23-10. Examination of applicants.
• 33-23-11. Issuance and contents of license; display certificate of licensure.
• 33-23-12. Limited licenses.
• 33-23-13. Temporary licenses.
• 33-23-14. Probationary licenses.
• 33-23-15. Additional licenses.
• 33-23-16. Licensing of nonresidents.
• 33-23-17. Registration of nonresident representatives to represent life insurers in military installations in foreign countries.
• 33-23-18. Issuance of license on biennial basis; filing for renewal; continuing education requirements; transition from annual renewal to biennial renewal.
• 33-23-19. Placing of license on inactive status; subsequent revocation.
• 33-23-20. Effect of license suspension or placement of license on inactive status.
• 33-23-21. Grounds for refusal, suspension, or revocation of license.
• 33-23-22. Notice of suspension or revocation of license; hearing; appeals.
• 33-23-23. Limitation on application after refusal or revocation of license; effect of surrender of license under written consent order.
• 33-23-24. Permits and licenses not transferable.
• 33-23-25. Place of business.
• 33-23-26. Agent's certificate of authority.
• 33-23-27. Subagent's certificate of authority.
• 33-23-28. Scope of subagent's authority; record of transactions.
• 33-23-29. Authority of agent to act as adjuster; nonresident adjusters; reciprocal agreements.
• 33-23-29.1. Licensing of nonresident counselors.
• 33-23-30. Restrictions on signing by agents.
• 33-23-31. Risk situs; service on nonresidents; venue of action.
• 33-23-32. Countersigning by resident agents not required generally; exceptions; commissions.
• 33-23-33. Duty of licensees to provide current information of names and addresses.
• 33-23-34. Records of transactions.
• 33-23-35. Reporting and disposition of premiums.
• 33-23-36. Inquiry into illegal or improper conduct.
• 33-23-37. Licensing of surplus lines broker; application; bond; written examination.
• 33-23-38. Placing insurance beyond scope of license or with nonlicensed insurers prohibited; restrictions on sharing commissions; penalty for violation.
• 33-23-39. Placing of insurance through unlicensed agent prohibited; exception relating to construction project bid bonds.
• 33-23-40. Contracts issued by unauthorized persons not rendered unenforceable; participants guilty of misdemeanor.
• 33-23-41. Liability and penalties for unauthorized acts.
• 33-23-42. Performing acts for unauthorized insurer.
• 33-23-43. Authority of adjusters; penalty for violation.
• 33-23-43.1. Requirements for public adjuster contracts.
• 33-23-43.2. Standard of conduct for public adjusters.
• 33-23-44. Rules and regulations.
• 33-23-45. Limitation on applicability of article.
• 33-23-46. Compensation of licensed counselors; disclosure; exceptions.

Licensing of Administrators. Article 3

• 33-23-100. Definitions; exemptions; applicability of Code Sections 33-24-59.5 and 33-24-59.14
• 33-23-101. Licensing of administrators; filing fee; refusal, suspension, or revocation of license; notice and hearing; reissuance of revoked license; appeal; probationary licenses; additional qualifications for license; restrictions on licensees; penalties.
• 33-23-102. Bond and surety of applicant; liability insurance; remained licenses.
• 33-23-103. Examination of administrators by Commissioner.
• 33-23-104. Establishing requirements and procedures affecting administrators.
• 33-23-105. Rules and regulations for implementation of article.

Insurance Navigators. Administrative Rules and Regulations. - Regulations regarding agents, subagents, counselors, adjusters, surplus lines brokers, and agencies, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General, Insurance Department, Chapter 120-2-3.

• 33-23-200. Legislative findings; licensing of health insurance navigators.
• 33-23-201. Definitions.
• 33-23-202. Licensing and requirements therefor.
• 33-23-203. Violations; limitation on solicitations; navigator compensation, responsibilities, and limitations.
• 33-23-204. Adoption of rules and regulations.
• 33-23-205. Applicability.

Chapter 24. Insurance Generally, 33-24-1 through 33-24-98.

Article 1 General Provisions.

• 33-24-1. Definitions.
• 33-24-2. Applicability of chapter.
• 33-24-3. Insurable interest - Personal insurance.
• 33-24-4. Insurable interest - Property insurance.
• 33-24-5. Persons having capacity to contract for insurance; purchase of insurance by or for minors; rescission, avoidance, or repudiation of contracts by minors.
• 33-24-6. Consent of insured to insurance contract; exceptions; reliance by insurer on statements in application.
• 33-24-6.1. Prerequisites for replacement life insurance exceeding insurance being surrendered.
• 33-24-7. Statements and descriptions in applications or in negotiations deemed representations and not warranties; effect of misrepresentations upon recovery under policies.
• 33-24-8. Admissibility in evidence of applications in actions between insurer and insured.
• 33-24-9. Approval or disapproval of forms.
• 33-24-10. Grounds for disapproval of forms.
• 33-24-10.1. Standard or uniform claim form.
• 33-24-11. Waiver by Commissioner of use of standard or uniform provisions in policies or contracts; approval of use of substitute provisions.
• 33-24-12. Noncomplying conditions or provisions; cancellation of contracts covering uninsurable subjects.
• 33-24-13. Execution of policies; use of facsimile signatures.
• 33-24-14. Delivery of policies; applicability of Uniform Electronic Transactions Act; additional mailings.
• 33-24-15. When policies or contracts become effective.
• 33-24-16. Construction of policies.
• 33-24-16.1. Clarification of term "actual charge" or "actual fee".
• 33-24-17. Assignment of policies.
• 33-24-18. Contents of insurance policies and annuity contracts generally.
• 33-24-19. Incorporation of constituent documents in policies.
• 33-24-19.1. Certificate of insurance forms to be approved by Commissioner; definitions; required provisions of certificate.
• 33-24-20. Provision in accident and sickness policies for termination of coverage of surviving spouse or as result of break in marital relationship; issuance of policy to spouse.
• 33-24-21. Provision in accident and sickness policies for termination of group coverage of surviving spouse or as result of break in marital relationship; issuance of policy to spouse.
• 33-24-21.1. Group accident and sickness contracts; conversion privilege and continuation right provisions; impact of federal legislation.
• 33-24-21.2. Continuation of coverage under group accident and sickness plans for persons 60 years of age or older.
• 33-24-22. Provision in health insurance policies for coverage of newly born or adopted children.
• 33-24-23. Provision in group policies of accident and sickness insurance for exclusion or reduction of benefits.
• 33-24-24. Provision in group or blanket accident and sickness policies of coverage for complications of pregnancy.
• 33-24-25. Provisions in group or blanket policies excluding or reducing coverage of persons eligible for or receiving medical assistance.
• 33-24-26. Provisions limiting or restricting payment of benefits for preexisting illnesses or conditions.
• 33-24-26.1. Provisions required in group policies or contracts of disability income insurance covering preexisting conditions; restrictions on preexisting condition limitations or exclusions.
• 33-24-27. Provision for reimbursement for services within the lawful scope of practice of psychologists or chiropractors.
• 33-24-27.1. Provision for reimbursement for services within the lawful scope of practice of optometrists.
• 33-24-27.2. Provision for reimbursement for services within the lawful scope of practice of athletic trainers.
• 33-24-28. Termination of coverage of dependent child upon attainment of specified age.
• 33-24-28.1. Coverage of treatment of mental disorders.
• 33-24-28.2. Coverage of outpatient surgery.
• 33-24-28.3. Policies not to exclude payment to hospitals specializing in treatment of alcoholics or drug addicts.
• 33-24-28.4. Coverage of general anesthesia and hospital or ambulatory surgical facility charges for certain dental care.
• 33-24-29. Coverage for treatment of mental disorders under accident and sickness insurance benefit plans providing major medical benefits covering small groups; federal law.
• 33-24-29.1. Coverage for mental disorders under accident and sickness insurance benefit plans providing major medical benefits covering all groups except small groups.
• 33-24-30. Excluding or denying coverage on basis of violation of civil air regulations.
• 33-24-30.1. Excluding or denying coverage on basis of lawful firearms possession.
• 33-24-31. Provision in group disability income policies for offsetting of increased social security benefits.
• 33-24-32. Underwriters' and combination policies.
• 33-24-33. Binders and other contracts for temporary insurance.
• 33-24-34. Group insurance for government employees - Authorization generally; deduction of premiums from wages or salaries.
• 33-24-35. Group insurance for government employees - Participation by employees generally; withdrawal or retirement from group plan.
• 33-24-36. Group insurance for government employees - Effect upon rights under Workers' Compensation Act.
• 33-24-37. Group insurance for government employees - Effect upon local and special laws.
• 33-24-38. Renewal or extension of policies by certificate or endorsement.
• 33-24-39. Insurers to furnish forms for proof of loss; effect of furnishing or failure to furnish forms.
• 33-24-40. Acts of claims administration not to be deemed waiver of policies or defenses under policies.
• 33-24-41. Payment of claims under policies - Discharge of insurer by payment generally.
• 33-24-41.1. Motor vehicle accident claim covered by two or more insurance carriers; limited release.
• 33-24-41.2. Written notice by insurer to claimant of payment of claim in third-party settlement.
• 33-24-42. Payment of claims under policies - Payment of claims in event of simultaneous deaths.
• 33-24-43. Payment of claims under policies - Medium of payment.
• 33-24-44. Cancellation of policies generally.
• 33-24-44.1. Procedure for cancellation by insured and notice.
• 33-24-45. Cancellation or nonrenewal of automobile or motorcycle policies; procedure for review by Commissioner.
• 33-24-46. Cancellation or nonrenewal of certain property insurance policies.
• 33-24-47. Notice required of termination or nonrenewal, increase in premium rates, or change restricting or reducing coverage; failure of insurer to comply.
• 33-24-47.1. Notice prior to cancellation or nonrenewal of individual or group accident and sickness policy.
• 33-24-48. Acceptance of surety insurance companies as sureties upon bonds of persons or corporations; rights and liabilities of corporate sureties.
• 33-24-49. Deposit of funds covered by bonds.
• 33-24-50. Action as sureties upon guaranteed arrest bond certificates; acceptance of certificates.
• 33-24-51. Purchase of insurance covering injuries resulting from governmental ownership and use of motor vehicles; waiver of governmental immunity; limitation of liabilities.
• 33-24-52. Direct response insurance business.
• 33-24-53. Solicitation, release, or sale of automobile accident information prohibited; definitions; exceptions; penalties.
• 33-24-54. Payments to nonparticipating or nonpreferred providers of health care services.
• 33-24-55. Health insurance; recovery rights of state for payments made under Medicaid; rights of children to coverage; requirements for insurers under orders to provide coverage.
• 33-24-56. Prohibition against requiring referral from primary care physician to dermatologist.
• 33-24-56.1. Reimbursement of medical expense or disability benefit providers in personal injury cases; subrogation prohibited; notice.
• 33-24-56.2. Surveillance tests for ovarian cancer.
• 33-24-56.3. Colorectal cancer screening and testing.
• 33-24-56.4. Payment for telemedicine services.
• 33-24-56.5. Health benefit policy to provide coverage for orally administered chemotherapy for the treatment of cancer; definitions.
• 33-24-57. Health insurance; provision that coverage cannot be terminated due to individual claims experience required.
• 33-24-57.1. Health insurance identification card; issue required; contents; updating; social security numbers not to be displayed.
• 33-24-58. Newborn Baby and Mother Protection Act - Short title.
• 33-24-58.1. Newborn Baby and Mother Protection Act - Legislative findings and declaration.
• 33-24-58.2. Newborn Baby and Mother Protection Act - Minimum health benefit policy coverage; prohibited actions by insurance providers; required notice to mother.
• 33-24-59. Women's access to health care; health insurance; provision disclosing insured's right to direct access to obstetricians and gynecologists required.
• 33-24-59.1. Coverage for treatment of dependent children with cancer.
• 33-24-59.2. Coverage for equipment and self-management training for individuals with diabetes; enforcement.
• 33-24-59.3. Payments sent directly to health care provider by insurer.
• 33-24-59.4. Confidentiality of medical information obtained from pharmacies; restrictions on release of information; penalty for violation.
• 33-24-59.5. Definitions; timely payment of health benefits; notification of failure to pay; penalties; applicability.
• 33-24-59.6. Prescribed female contraceptive drugs or devices; insurance coverage.
• 33-24-59.7. Coverage for the treatment of morbidly obese patients; short title; legislative findings; adoption of rules and regulations by Commissioner.
• 33-24-59.8. Coverage for prescription inhalers; no restriction on the number of days before obtaining a refill as prescribed.
• 33-24-59.9. Registered nurse first assistants.
• 33-24-59.10. (For effective date, see note.) Coverage for autism.
• 33-24-59.11. Insurance coverage for prescription drugs used in manner different than use authorized by FDA.
• 33-24-59.12. Patient access to eye care.
• 33-24-59.13. Exemptions from certain unfair trade practices for certain wellness and health improvement programs; incentives.
• 33-24-59.14. Definitions; prompt pay requirements; penalties.
• 33-24-59.15. Definitions; dental insurance.
• 33-24-59.16. Equal access to child's health insurance information; exceptions.
• 33-24-59.17. Coverage of certain abortions through certain qualified health plans prohibited; definitions.
• 33-24-59.18. Coverage for treatment of a terminal condition.
• 33-24-59.19. Coverage for treatment of burns with skin substitutes utilizing cryopreserved cadaver derived skin tissue.
• 33-24-59.20. Access to stage four advanced, metastatic cancer treatments in health benefit plans.
• 33-24-59.21. Health plans to provide coverage for hearing aids for certain individuals; frequency of replacement; coverage of services and supplies; options for higher priced devices.
• 33-24-59.22. Prescription drug program defined; cost sharing; denial of coverage; dispensing fees.
• 33-24-59.23. Carrier issuing health benefit plans to pay insurance agent's commissions; regulation.
• 33-24-59.24. (Effective January 1, 2019) Restrictions on payment methods prohibited; waiver of provisions prohibited; enforcement.

Article 2 Assessment of Proposed Accident and Sickness Insurance Coverage.

• 33-24-60. Short title.
• 33-24-61. Legislative findings and intent.
• 33-24-62. "Health insurance benefit bill" defined.
• 33-24-63. Review of health insurance benefit bill by General Assembly; Commissioner of Insurance to issue report on bill.
• 33-24-64. Contents of report by Commissioner on health insurance benefit bills.
• 33-24-65. Public hearing.
• 33-24-66. Evidence, testimony, and information necessary to prepare report under Code Section 33-24-63; time period for issuing of reports on bill.
• 33-24-67. Rules and regulations.

Article 3 Breast Cancer Patient Care.

• 33-24-70. Short title.
• 33-24-71. Legislative findings.
• 33-24-72. Mastectomy; lymph node dissection; coverage for inpatient care and follow-up visits required by health insurers; notice to policyholders.

Article 4 Underwriting and Rate Risking.

• 33-24-90. Definitions.
• 33-24-91. Use of credit information to underwrite or rate risks.
• 33-24-92. Disputed items in credit report.
• 33-24-93. Disclosure by insurer of use of credit information.
• 33-24-94. Adverse action based on credit information; notice to consumer.
• 33-24-95. Filing scoring models with Commissioner of Insurance; confidential nature of filing.
• 33-24-96. Insurer obligation to indemnify and defend agents.
• 33-24-97. Consumer reporting agency disclosure of insurance information; applicability to motor vehicle reports.
• 33-24-98. Use of insurance scores permitted.

"NOTICE Code Section 33-24-45 of the Official Code of Georgia Annotated provides that this insurer must, upon request, furnish you with the reasons for the failure to renew this policy. If you wish to assert that the nonrenewal is unlawful, you must file a written notice with this insurer before the time at which the nonrenewal becomes effective. The notice must specify the manner in which the failure to renew is alleged to be unlawful.

"NOTICE Your policy has not been renewed because your present agent no longer represents this insurer. You have the option of procuring coverage through your present agent or retaining this policy by applying through another agent of this insurer. Code Section 33-24-45 of the Official Code of Georgia Annotated provides that if you will locate another agent of this insurer and apply for this policy before the time at which the nonrenewal becomes effective, this insurer will treat the application as a renewal and not as an application for a new policy."

"NOTICE Code Section 33-24-46 of the Official Code of Georgia Annotated provides that this insurer must, upon request, furnish you with the reasons for the failure to renew this policy. If you wish to assert that the nonrenewal is unlawful, you must file a written notice with this insurer before the time at which the nonrenewal becomes effective. The notice must specify the manner in which the failure to renew is alleged to be unlawful.

"NOTICE Your policy has not been renewed because your present agent no longer represents this insurer. You have the option of procuring coverage through your present agent or retaining this policy by applying through another agent of this insurer. Code Section 33-24-46 of the Official Code of Georgia Annotated provides that if you will locate another agent of the insurer and apply for this policy before the time at which the nonrenewal becomes effective, this insurer will treat the application as a renewal and not as an application for a new policy."

"NOTICE The Newborn Baby and Mother Protection Act (Code Section 33-24-58.2 of the O.C.G.A.) requires that health benefit policies which provide maternity benefits must provide coverage for a minimum of 48 hours of inpatient care following a normal vaginal delivery and a minimum of 96 hours of inpatient care following a cesarean section for a mother and her newborn child. The care must be provided in a licensed health care facility. A decision to shorten the length of stay may be made only by the attending health care provider after conferring with the mother. If the stay is shortened, coverage must be provided for up to two follow-up visits with specified health care providers with the first visit being within 48 hours after discharge. After conferring with the mother, the health care provider must determine whether the initial visit will be conducted at home or at the office and whether a second visit is appropriate. Specified services are required to be provided at such visits."

Chapter 25. Life Insurance, 33-25-1 through 33-25-15.

• 33-25-1. "Contract of life insurance" defined.
• 33-25-2. Inclusion of application for insurance or constitution, bylaws, or other rules of insurer in policies; receipt in evidence.
• 33-25-3. Required policy provisions generally.
• 33-25-3.1. Policy loan interest rates on life insurance policies; definitions; construction and applicability.
• 33-25-4. Required nonforfeiture provisions.
• 33-25-5. Inclusion of provisions excluding or restricting liability for death.
• 33-25-6. When issuance of participating and nonparticipating policies permissible.
• 33-25-7. Effect of incontestable clause.
• 33-25-8. Right of person to whom policy or contract issued to return policy or contract and receive premium refund; effect of return; proof of return.
• 33-25-9. Issuance or delivery of life insurance policies as part of or in combination with other contracts, agreements, or plans.
• 33-25-10. Payment of interest on proceeds or payments under policies.
• 33-25-11. Cash surrender value and proceeds of life insurance policies and annuity contracts not liable to attachment, garnishment, or legal process in favor of creditors; proceeds becoming part of insured's estate.
• 33-25-12. Contesting of policy after reinstatement.
• 33-25-13. Receipt of benefits from insurance policy of deceased by person found guilty of committing murder or voluntary manslaughter.
• 33-25-14. Unclaimed life insurance benefits; purpose; definitions; insurer conduct.
• 33-25-15. Insurer prohibited from penalizing agent for apprising policy owner of alternatives to lapse or surrender of individual life insurance policy.

Chapter 26. Industrial Life Insurance, 33-26-1 through 33-26-7.

• 33-26-1. "Industrial life insurance" defined.
• 33-26-2. Required and prohibited provisions generally.
• 33-26-3. Provision of disability benefits.
• 33-26-4. Notice of right of person to whom policy or contract issued to return policy or contract and receive premium refund; effect of return of policy or contract; proof of return.
• 33-26-5. Right of beneficiaries and assigns of insurance policies to proceeds as against creditors and representatives of insured.
• 33-26-6. Applicability of Code Sections 33-25-4, 33-25-5, 33-25-7, 33-25-9, 33-25-10, and 33-25-12.
• 33-26-6.1. Limits on aggregate face amount of policies insuring the life of one person.
• 33-26-6.2. Premium payment cap on whole life insurance policies.
• 33-26-7. Offering or delivering of policies or contracts in violation of chapter.

Chapter 27. Group Life Insurance, 33-27-1 through 33-27-9.

• 33-27-1. Group requirements generally.
• 33-27-2. Extension of policy coverage to dependents of employees or members.
• 33-27-3. Required policy provisions.
• 33-27-4. Payment of interest on proceeds or payments under policies of group life insurance.
• 33-27-5. Notification of policyholder of right to convert group policy to individual life insurance policy.
• 33-27-6. Assignment of incidents of ownership in group life insurance policies.
• 33-27-7. Right of beneficiaries and assignees of insurance policies to proceeds as against creditors and representatives of insured.
• 33-27-8. Standards and requirements for rating of small groups under group life insurance; exemptions.
• 33-27-9. Notices of premium increases to be mailed or delivered to group policyholder.

Chapter 28. Annuity and Pure Endowment Contracts, 33-28-1 through 33-28-7.

• 33-28-1. Definitions.
• 33-28-2. Standard provisions for annuity contracts.
• 33-28-3. Standard nonforfeiture provisions for individual deferred annuities.
• 33-28-4. Scope of incontestable clause.
• 33-28-5. Contesting of contract after reinstatement.
• 33-28-6. Right of person to whom contract issued to return contract and receive premium refund; effect of return; proof of return.
• 33-28-7. Proceeds of annuity, reversionary annuity, or pure endowment contracts not liable to attachment, garnishment, or legal process in favor of creditors of beneficiary.

Chapter 29. Individual Accident and Sickness Insurance, 33-29-1 through 33-29-22.

• 33-29-1. "Accident and sickness policy" defined; applicability of chapter.
• 33-29-2. Requirements as to policies generally.
• 33-29-3. Required policy provisions.
• 33-29-3.1. Coverage for human heart transplants; optional endorsement; requirements; guidelines.
• 33-29-3.2. Coverage for mammograms, Pap smears, and prostate specific antigen tests.
• 33-29-3.3. Coverage for bone marrow transplants for the treatment of breast cancer and Hodgkin's disease; optional endorsement; requirements; guidelines; applicability.
• 33-29-3.4. Insurance coverage for child wellness services.
• 33-29-4. Optional policy provisions.
• 33-29-5. Order of printing of provisions.
• 33-29-6. Provision in policies for medical or surgical services.
• 33-29-7. Provision in policies for refusal of renewal generally.
• 33-29-8. Provision in policies renewable or cancelable at option of insurer for refund of premiums.
• 33-29-9. Requirements as to references in policies to noncancelable nature or guaranteed renewability nature; exception for certain matters concerning renewability of individual accident and sickness policies; rules and regulations.
• 33-29-10. Operation of provision establishing age for termination of coverage generally; effect of misstatement of age of insured.
• 33-29-11. Right of person to whom policy or contract issued to return policy or contract and receive premium refund; effect of return; proof of return.
• 33-29-12. Policies issued for delivery or delivered within state by foreign or alien insurers; policies of domestic insurers issued for delivery in other states or countries.
• 33-29-13. Furnishing of written outline of coverage to applicants for insurance; approval of outline.
• 33-29-14. Application for, and ownership of, policies by persons other than insured.
• 33-29-15. Exemption of policy proceeds from liability for debts of insured and beneficiary.
• 33-29-16. Compliance with chapter by attachment of rider or endorsement to policy.
• 33-29-17. Validity and construction of policies delivered or issued for delivery in violation of chapter; effect of conflict between provisions subject to chapter and other provisions.
• 33-29-18. Franchise insurance.
• 33-29-19. Rate modification on individual accident and sickness policies providing for optional loss ratio guarantee.
• 33-29-20. Insurance coverage for treatment of temporomandibular joint dysfunction or surgery for deformities of maxilla or mandible.
• 33-29-21. Renewal or continuation at option of insured.
• 33-29-21.1. Availability of accident and sickness policy upon termination of dependent coverage based on age of dependent.
• 33-29-22. Notice of premium increase.

Article 1 Availability and Assignment System.

• 33-29A-1. Intent; federal references.
• 33-29A-2. Definitions.
• 33-29A-3. Condition to licensure.
• 33-29A-4. Georgia Health Insurance Assignment System.
• 33-29A-5. Georgia Health Benefits Assignment System.
• 33-29A-6. Contracting between managed care organizations.
• 33-29A-7. Moratorium on required issuance of coverage.
• 33-29A-8. Rules and regulations; compensation to licensed insurance agents.
• 33-29A-9. Discontinuance of state assignment system benefit plans.

Article 2 Commission on the Georgia Health Insurance Risk Pool.

• 33-29A-20. Definitions.
• 33-29A-21. Creation, membership, duties, and functions.
• 33-29A-22. Recommendations and report; powers.

Article 3 Individual Accident and Sickness Insurance.

• 33-29A-30. Legislative findings and purpose; increasing availability of health insurance for uninsured individuals.
• 33-29A-31. Definitions.
• 33-29A-32. Commissioner to authorize insurers to offer individual accident and sickness insurance policies in Georgia that have been approved for issuance in other states.
• 33-29A-33. Satisfaction of actuarial standards set by National Association of Insurance Commissioners (NAIC); policies must comply with regulations and requirements promulgated by Commissioner; authority of Commissioner.
• 33-29A-34. Certain language required in policies and policy applications.
• 33-29A-35. Adoption of rules and regulations by Commissioner; application of dispute resolution mechanism or provision.

Chapter 30. Group or Blanket Accident and Sickness Insurance, 33-30-1 through 33-30-29.

Article 1 General Provisions.

• 33-30-1. "Group accident and sickness insurance" defined; "true association" defined.
• 33-30-1.1. Applicability.
• 33-30-2. Effect of chapter upon other provisions.
• 33-30-3. "Blanket accident and sickness insurance" defined.
• 33-30-4. Required provisions generally.
• 33-30-4.1. Coverage for human heart transplants; optional endorsement; requirements; guidelines.
• 33-30-4.2. Insurance coverage for mammograms, Pap smears, and prostate specific antigen tests.
• 33-30-4.3. Utilization of mail-order pharmaceutical distributors in policies, plans, contracts, or funds; utilization of other providers of pharmaceutical services under same terms and conditions.
• 33-30-4.4. Coverage for bone marrow transplants for the treatment of breast cancer and Hodgkin's disease; optional endorsement; requirements; guidelines; applicability.
• 33-30-4.5. Coverage for child wellness services.
• 33-30-5. Direct payment for hospital or medical services.
• 33-30-6. Authority to issue blanket accident and sickness policies; filing of form; required provisions; applicability of Code section to similar entities.
• 33-30-7. Provision in group or blanket policies for medical or surgical services generally.
• 33-30-8. Requirement of application for policy and issuance of certificate for blanket accident and sickness insurance.
• 33-30-9. Payment of benefits under blanket accident and sickness policies.
• 33-30-10. Exemption of group and blanket policy proceeds from liability for debts of insured and beneficiary.
• 33-30-11. Applicability of Chapter 29 of title to group or blanket policies.
• 33-30-12. Standards and requirements for rating of small groups under accident and sickness insurance; exemptions.
• 33-30-13. Notices of premium increases to be mailed or delivered to group policyholder; notification of impact of federal Patient Protection and Affordable Care Act.
• 33-30-13.1. Furnishing claims experience to policyholders.
• 33-30-14. Insurance coverage for treatment of temporomandibular joint dysfunction or surgery for deformities of maxilla or mandible.
• 33-30-15. Continuation of similar coverage; preexisting conditions; procedures and guidelines.

Article 2 Preferred Provider Arrangements.

• 33-30-20. Short title.
• 33-30-21. Legislative intent.
• 33-30-22. Definitions.
• 33-30-23. Standards; payments or reimbursement for noncontracting provider of covered services; filing requirements for unlicensed entities; provision for payment solely to provider.
• 33-30-24. Health benefit plans providing incentives to use services of preferred providers; minimum requirements.
• 33-30-25. Reasonable limits on number or classes of preferred providers.
• 33-30-26. Applicability of Title 33 and related rules and regulations to health care insurers.
• 33-30-27. Promulgation of rules and regulations.
• 33-30-28 and 33-30-29. Redesignated.

• 33-30A-1. Definitions.
• 33-30A-2. Certificates of authority authorized and required.
• 33-30A-3. Areas of service.
• 33-30A-4. Membership; cooperative's powers, duties and responsibilities; fees; annual reports.
• 33-30A-5. Responsibilities of department.
• 33-30A-6. Notification to members; marketing materials.
• 33-30A-7. Nonprofit corporation status; certificate of existence.
• 33-30A-8. Surety bond required; guaranty of uninterrupted coverage.
• 33-30A-9. Regulations.
• 33-30A-10. Fees.
• 33-30A-11. Application of Chapter 6.

• 33-30B-1. Short title.
• 33-30B-2. Purpose.
• 33-30B-3. Definitions.
• 33-30B-4. Group or individual participation; administration of plan.
• 33-30B-5. Relationship between spending account and attachment point for insurance reimbursement.
• 33-30B-6. Requirements for insurance contract.
• 33-30B-7. Interpretation; renewal of policy.

Chapter 31. Credit Life Insurance and Credit Accident and Sickness Insurance, 33-31-1 through 33-31-12.

• 33-31-1. Definitions.
• 33-31-2. Applicability of chapter.
• 33-31-3. Issuance of policies generally.
• 33-31-4. Amount of insurance.
• 33-31-5. Date insurance becomes effective; duration and termination of insurance.
• 33-31-6. Requirements as to issuance or delivery of policies generally.
• 33-31-7. Issuance of policy or certificate of insurance; contents; delivery of policy or certificate to debtor; requirements as to provisions of policies.
• 33-31-8. Filing of forms with Commissioner; approval or disapproval.
• 33-31-9. Premiums; refunds and credits.
• 33-31-10. Filing and settlement of claims generally; manner of payment of claims.
• 33-31-11. Right of debtor to furnish insurance.
• 33-31-12. Promulgation of rules and regulations; enforcement of provisions; penalties for violations.

Chapter 32. Property Insurance, 33-32-1 through 33-32-6.

• 33-32-1. Standard fire policy.
• 33-32-2. Coverage of personal property changing in specifics.
• 33-32-3. Privilege of rebuilding or reinstating property sustaining loss or damage.
• 33-32-4. Refund of premium payments where insured sustaining total loss of property receives less than maximum amount payable under policy.
• 33-32-5. Amount of insurance in certain fire policies deemed conclusive as to value of property covered.
• 33-32-6. Tobacco crop insurance coverage.

Chapter 33. Fair Access to Insurance Requirements, 33-33-1 through 33-33-11.

• 33-33-1. Establishment of Fair Access to Insurance Requirements Plan and underwriting association.
• 33-33-2. Requirements of plan and articles of association.
• 33-33-3. Requirement of participation in plan by property insurers.
• 33-33-4. Powers of Commissioner generally.
• 33-33-5. Modification by insurers of rates.
• 33-33-6. Liability for inspections and statements.
• 33-33-7. Appeals from actions or decisions.
• 33-33-8. Temporary insurance coverage for local public entity filing appeal of adverse underwriting decision.
• 33-33-9 and 33-33-10. Redesignated.
• 33-33-11. Termination date; outstanding obligations unimpaired [Repealed].

Chapter 34. Motor Vehicle Accident Reparations, 33-34-1 through 33-34-9.

• 33-34-1. Short title.
• 33-34-2. Definitions.
• 33-34-3. Requirements for issuance of policies.
• 33-34-3.1. Filing of rates and forms; optional coverage.
• 33-34-4. Owner required to provide coverage.
• 33-34-5. Vehicle not to be licensed until proof of insurance furnished [Repealed].
• 33-34-5.1. Self-insurers.
• 33-34-6. Selection of motor vehicle repair facility.
• 33-34-7. Continuation of coverage upon death of named insured or termination of marital relationship.
• 33-34-8. Rules and regulations.
• 33-34-9. Proceeds of insurance policy; limited access by insurers to records.

• 33-34A-1. Short title.
• 33-34A-2. Definitions.
• 33-34A-3. Compliance with chapter; vehicle manufacturers not required to comply.
• 33-34A-4. Representation as warrantor; filing of registration records; fees; renewal of registration.
• 33-34A-5. Required warranty reimbursement insurance policy.
• 33-34A-6. Conditions for warranty reimbursement insurance policies.
• 33-34A-7. Required statements in warranty; required information to be provided to purchaser.
• 33-34A-8. Cancellation of vehicle protection product; written notice of cancellation.
• 33-34A-9. Prohibited words in product contract; false or misleading statements prohibited; requiring as condition for loan prohibited.
• 33-34A-10. Required records; period of retention; examination by Commissioner.
• 33-34A-11. Examinations by Commissioner; enforcement; opportunity for a hearing; burden on Commissioner to show justification; penalty for violations.
• 33-34A-12. Adoption of rules and regulations.
• 33-34A-13. Applicability.

Chapter 35. Prepaid Legal Services Plans, 33-35-1 through 33-35-23.

• 33-35-1. Purposes of chapter; legislative findings of fact.
• 33-35-2. Definitions.
• 33-35-3. Benefits excluded from chapter application.
• 33-35-4. Licenses required for sponsors of prepaid legal services plans; license fee; endorsement of change of address on license; requirements as to applications for licenses generally.
• 33-35-5. Procedure for issuance or denial of licenses generally; standards for issuance or renewal of licenses generally.
• 33-35-6. Minimum capital, surplus, and bond requirements.
• 33-35-7. Grounds and procedure for revocation, suspension, or refusal to renew licenses; imposition of probation or fine; review.
• 33-35-8. Execution, contents, and filing of subscription contracts generally.
• 33-35-9. Sale of subscription contracts.
• 33-35-10. Powers of sponsors to contract for provision of legal and administrative services.
• 33-35-11. Submission to Commissioner of underwriting rules and rates, premiums, or fees; approval or disapproval.
• 33-35-12. Standards for advertising and solicitation.
• 33-35-13. Investment of funds of plans.
• 33-35-14. Administration of deposits of plans.
• 33-35-15. Maintenance of books and records by sponsors; examination by Commissioner; reports of examinations; payment of expenses of examinations.
• 33-35-16. Annual filing of information by sponsors.
• 33-35-17. Conduct of hearings and proceedings.
• 33-35-18. Issuance of injunctions against transaction of business by plans; appointment of receivers; institution of criminal proceedings.
• 33-35-19. Venue of actions against sponsors.
• 33-35-20. Promulgation of rules and regulations by Commissioner.
• 33-35-21. Applicability of chapter generally.
• 33-35-22. Applicability of chapter to other insurers.
• 33-35-23. Applicability of Chapter 6 of title.

Chapter 36. Georgia Insurers Insolvency Pool, 33-36-1 through 33-36-20.

• 33-36-1. Short title.
• 33-36-2. Creation; accounts; responsibility; supervision and regulation.
• 33-36-3. Definitions.
• 33-36-4. Insurers Solvency Board.
• 33-36-5. Insurers required to become members of pool.
• 33-36-6. Plan to govern members; rules; requirements for plan; assignment of claims or judgments against insolvent insurers; claimants of assets of insolvent insurers; jurisdiction; venue.
• 33-36-7. Levy of assessments against insurers; reimbursement of expenses; refunds of assessments.
• 33-36-7.1. Surcharge on premiums to recoup assessments; disclosure to insureds; excess surcharges, exception where the expense of collection would exceed the amount of the surcharge.
• 33-36-8. Issuance by Commissioner of notice of judicial determination of insolvency of insurer; requirement of notification of insureds by agents of insurer; publication of notice.
• 33-36-9. Coverage afforded by insolvent insurers to become obligation of pool; investigation and settlement of claims by pool.
• 33-36-10. Recovery under chapter of covered claims recoverable under insolvency funds of other states.
• 33-36-11. Limitation for filing claims; claims filed after final date set by court; default judgments.
• 33-36-12. Powers and duties of Commissioner as to collection of assessments; judicial review.
• 33-36-13. Allowance of claims by receivers, liquidators, or statutory successors; appointment of pool as insurer's agent.
• 33-36-14. Exhaustion of rights by claimants against insolvent insurers prior to recovery; recovery of payment to claimants in excess of amounts authorized; reduction of liability of insured; recovery of amounts paid on behalf of certain persons.
• 33-36-14.1. Recommendations and report by the board of trustees.
• 33-36-15. Examination of pool.
• 33-36-16. Exemption from taxation of pool.
• 33-36-16.1. Immunity from liability for performance of powers and duties under this chapter.
• 33-36-17. Termination of operation of pool as to particular kinds of insurance; proceeds upon termination of operation of pool; expiration of pool.
• 33-36-18. Appeal to Commissioner; judicial review.
• 33-36-19. Advertisements, announcements, or statements using insolvency pool for purpose of sales.
• 33-36-20. Liability of pool to claimants and electing insureds in emergency circumstances; definitions; exceptions.

Chapter 37. Insurers Rehabilitation and Liquidation, 33-37-1 through 33-37-58.

Article 1 General Provisions.

• 33-37-1. Construction and purpose of chapter.
• 33-37-2. Applicability.
• 33-37-3. Definitions.
• 33-37-4. Jurisdiction; exclusiveness of remedy; venue; change of venue.
• 33-37-5. Grounds for restraining orders and injunctions; rights regarding collateral pledged by insurer-member; process and timeline; options for renewal or restructuring of loan.
• 33-37-6. Cooperation with Commissioner mandated; penalties for failure to cooperate.
• 33-37-7. Effect of enactment of chapter on pending proceedings.
• 33-37-8. Prohibition against release from proceedings or continuing business.
• 33-37-8.1. Immunity of receivers and employees; indemnification; attorney's fees; approval of settlement; applicability of provisions.

Article 2 Procedure for Delinquency Proceeding.

• 33-37-9. Commencing formal delinquency proceeding; ex parte seizure order; hearing and review of order; notice.
• 33-37-10. Confidentiality of proceedings.

Article 3 Procedure for Rehabilitation.

• 33-37-11. Petition for rehabilitation; grounds.
• 33-37-12. Order to rehabilitate; Commissioner to be appointed as rehabilitator; effect of order.
• 33-37-13. Authority of rehabilitator; additional remedies; rehabilitation plan.
• 33-37-14. Effect of rehabilitation order on pending litigation; standing of guaranty association to participate in rehabilitation.
• 33-37-15. Petition for order of liquidation; defense; payment of costs and expenses; order terminating rehabilitation.
• 33-37-16. Grounds for order of liquidation.
• 33-37-17. Commissioner appointed as liquidator; seizure and administration of assets; effect of filing order; petition for declaration of insolvency; financial reports; plan for continued performance pending appeal.
• 33-37-18. Termination of policy coverage.
• 33-37-19. Petition for dissolution of corporate existence.
• 33-37-20. Powers of liquidator.
• 33-37-21. Notice of liquidation.
• 33-37-22. Responsibility of agent to provide information; penalty for violation.
• 33-37-23. Stay of collateral proceedings against insurer; authority of liquidator to intervene in, and defend, out-of-state action.
• 33-37-24. Time for filing list of assets; reducing assets to liquidity.
• 33-37-25. Fraudulent transfers or obligations incurred; avoidance.
• 33-37-26. Transfer of property in good faith; recording copy of petition as notice of seizure of property.
• 33-37-26.1. Limitations on ability of receiver to void transfer of certain property in connection with federal home loan bank security agreement; transfer avoidance under certain circumstances.
• 33-37-27. Preferential transfers; liens; when transfer perfected; avoidance; transfer for new and contemporaneous consideration; payments to attorneys; personal liability of participants.
• 33-37-28. Disallowing preferred creditor's claims.
• 33-37-29. Mutual debts and credits.
• 33-37-30. Liquidator's report to court; assessment against members of insurer; procedure when assessment not paid.
• 33-37-31. Liability of reinsurers.
• 33-37-32. Premiums due during pendency of liquidation action; penalties for violation; notice; right to appeal.
• 33-37-33. Application for approval of proposal to disburse assets; notice.
• 33-37-34. Proof of claims; late filing.
• 33-37-35. Contents of proof of claim; effect of judgment or order within four months of, or after, filing petition for liquidation.
• 33-37-36. Third-party contingent claim; claims due in future; claims under employment contracts.
• 33-37-37. Third-party claim against insured.
• 33-37-38. Procedure when claim denied.
• 33-37-39. When third person subrogated to rights of creditor.
• 33-37-40. Determining value of security held by secured creditor.
• 33-37-41. Priority of distribution of claims.
• 33-37-42. Authority of liquidator to compound, compromise, or negotiate claims; report to court.
• 33-37-43. Payment of distributions.
• 33-37-44. Disposition of unclaimed funds subject to distribution.
• 33-37-45. Liquidator's application for discharge.
• 33-37-46. Reopening liquidation proceedings.
• 33-37-47. Retention or destruction of records.
• 33-37-48. Receivership audits.

Article 4 Liquidation Proceedings.

• 33-37-49. Commissioner appointed as conservator of alien or foreign insurer's property; grounds.
• 33-37-50. Commissioner appointed as liquidator of foreign or alien insurer's assets; grounds.
• 33-37-51. Title to property of insurer domiciled in another state; rights of resident claimants.
• 33-37-52. Commissioner as ancillary receiver for insurer not domiciled in this state.
• 33-37-53. Commissioner's cooperation with officials of domiciliary state of foreign or alien insurer.
• 33-37-54. Rights of nonresident claimants in proceeding against domiciliary insurer.
• 33-37-55. Rights of resident claimants in proceeding in another state against nondomiciliary insurer.
• 33-37-56. Stay of proceedings during pendency of liquidation proceeding.
• 33-37-57. Superiority of order of distribution issued by domiciliary state; priority of payment and claims; rights of secured creditors.
• 33-37-58. Failure of ancillary receiver to transfer assets.

Chapter 38. Georgia Life and Health Insurance Guaranty Association, 33-38-1 through 33-38-22.

• 33-38-1. Purpose.
• 33-38-2. Scope.
• 33-38-3. Construction.
• 33-38-4. Definitions.
• 33-38-5. Creation; required membership; functions and powers; supervision of association; accounts for administration and assessment.
• 33-38-6. Membership of the board of directors; vacancies; compensation and reimbursement of expenses.
• 33-38-7. Powers and duties of the association generally.
• 33-38-8. Submission of plan of operation; contents; compliance with such plan.
• 33-38-9. Delegation of powers and duties of the association.
• 33-38-10. Duties and powers of the Commissioner.
• 33-38-11. Records of meetings and negotiations of the association.
• 33-38-12. Examination of the association by the Commissioner; annual report.
• 33-38-13. Exemption of the association from taxation.
• 33-38-14. Immunity from liability for actions or omissions in performance of powers and duties pursuant to this chapter.
• 33-38-15. Assessments against member insurers.
• 33-38-16. Reports and recommendations as to solvency of companies; board may report information as to insolvency of member insurer; examinations of member insurers; reports of insurer insolvencies.
• 33-38-17. Assessment liability, association as creditor of insolvent or impaired insurer; distribution of insolvent insurer's ownership rights; reimbursement of association from disbursement of marshaled assets as available; recovery of distributions to affiliates.
• 33-38-18. Stay of court proceedings to which insolvent insurer is a party; setting aside of default judgments.
• 33-38-19. Notification as to effect of chapter.
• 33-38-20. Appeal to the Commissioner; judicial review.
• 33-38-21. References to the association in advertisements for insurance.
• 33-38-22. Premium tax liability offsets; refunds offset against taxes.

Chapter 39. Collection, Use, and Disclosure of Information Gathered by Insurance Institutions, 33-39-1 through 33-39-23.

• 33-39-1. Purpose of chapter.
• 33-39-2. Applicability of obligations imposed by chapter; extension of rights granted by chapter; applicability of chapter to information from public records pertaining to title insurance.
• 33-39-3. Definitions.
• 33-39-4. Pretext interviews.
• 33-39-5. Transactions requiring notice of information practices; form and content of notice; abbreviated notice; satisfaction of obligations by another institution or agent.
• 33-39-6. Specification of questions designed to obtain marketing or research information.
• 33-39-7. Disclosure authorization forms authorizing disclosure of personal or privileged information.
• 33-39-8. Investigative consumer reports.
• 33-39-9. Access to recorded personal information.
• 33-39-10. Requests to correct, amend, or delete recorded personal information.
• 33-39-11. Procedure upon adverse underwriting decision; satisfaction of obligations by another institution or agent; adverse decisions upon oral requests or inquiries.
• 33-39-12. Requests for information regarding previous adverse underwriting decisions or previous coverage obtained through residual market mechanism.
• 33-39-13. Limitation of adverse underwriting decisions.
• 33-39-14. Disclosure of personal or privileged information received in connection with insurance transactions.
• 33-39-15. Investigations by Commissioner into affairs of insurance institutions, agents, or insurance-support organizations.
• 33-39-16. Violations of chapter - Service of statement of charges and notice of hearing; conduct of hearing.
• 33-39-17. Violations of chapter - Commissioner as appointed to accept service on behalf of insurance-support organization transacting business outside state.
• 33-39-18. Violations of chapter - Service of findings and cease and desist orders of Commissioner; modification or setting aside of order or report.
• 33-39-19. Violations of chapter - Monetary penalty for knowing violations of chapter; monetary penalty for violation of cease and desist order.
• 33-39-20. Violations of chapter - Order or report of Commissioner.
• 33-39-21. Violations of chapter - Equitable relief; damages recoverable; costs and attorney's fees; statute of limitations; limitation on remedy or recovery.
• 33-39-22. Availability of remedy for disclosure of personal, privileged, or false information.
• 33-39-23. Obtaining of information under false pretenses as constituting misdemeanor.

Chapter 40. Risk Retention Groups, 33-40-1 through 33-40-21.

• 33-40-1. Purpose.
• 33-40-2. Definitions.
• 33-40-3. Risk retention groups chartered in this state.
• 33-40-4. Risk retention groups not chartered in this state.
• 33-40-5. Tax on premiums.
• 33-40-6. Unfair trade practices.
• 33-40-7. Financial examination.
• 33-40-8. Notice required in policy.
• 33-40-9. Prohibited acts.
• 33-40-10. Insurance companies as members.
• 33-40-11. Financially impaired nonresident groups.
• 33-40-12. Georgia Insurers Insolvency Pool.
• 33-40-13. Countersigning policies [Repealed].
• 33-40-14. Federal purchasing groups.
• 33-40-15. Purchasing group requirements.
• 33-40-16. Purchases by purchasing group.
• 33-40-17. Enforcement.
• 33-40-18. Penalties.
• 33-40-19. License requirement.
• 33-40-20. Enforcement of federal order.
• 33-40-21. Rules.

NOTICE This policy is issued by your risk retention group. Your risk retention group may not be subject to all of the insurance laws and regulations of your state. State insurance insolvency guaranty funds are not available for your risk retention group.

Chapter 41. Captive Insurance Companies, 33-41-1 through 33-41-24.

• 33-41-1. Short title.
• 33-41-2. Definitions.
• 33-41-3. Permissible business; limitations.
• 33-41-4. Prerequisites to transacting insurance.
• 33-41-5. Incorporation.
• 33-41-6. Name.
• 33-41-7. Directors or managers.
• 33-41-8. Amount of capital or surplus.
• 33-41-9. Letters of credit.
• 33-41-10. Application for and issuance of certificate of authority.
• 33-41-11. Refusal, suspension, or nonrenewal of certificate; expiration, renewal, amendment.
• 33-41-12. Assets.
• 33-41-13. Reserves.
• 33-41-14. Reinsurance.
• 33-41-15. Reports.
• 33-41-16. Examination by Commissioner or agent; confidentiality.
• 33-41-17. Fines.
• 33-41-18. Investments.
• 33-41-19. Rates, underwriting rules, and policy forms; notice on policies.
• 33-41-20. Exclusion from insolvency funds; participation in FAIR plan or joint underwriting association; assessment for payments to Subsequent Injury Trust Fund.
• 33-41-20.1. Membership of captive insurance companies in Georgia Insurers Insolvency Pool.
• 33-41-21. Rehabilitation, reorganization, conservation, and liquidation.
• 33-41-22. Taxation.
• 33-41-23. Rules and regulations.
• 33-41-24. Inapplicability of inconsistent provisions.

Chapter 42. Long-Term Care Insurance, 33-42-1 through 33-42-7.

• 33-42-1. Short title.
• 33-42-2. Purpose of chapter.
• 33-42-3. Applicability of chapter.
• 33-42-4. Definitions.
• 33-42-5. Group policy issued in another state.
• 33-42-6. Disclosures; provisions; definition of preexisting condition; loss ratio standards; right to return policy; outline of coverage; certificate.
• 33-42-7. Regulations.

Chapter 43. Medicare Supplement Insurance, 33-43-1 through 33-43-9.

• 33-43-1. Definitions.
• 33-43-2. Applicability of chapter.
• 33-43-3. Duplicate benefits prohibited; establishment of standards.
• 33-43-4. Reasonable return of benefits required; minimum standards for loss ratios.
• 33-43-5. Outline of coverage; informational brochures; captions or notice requirements; disclosure of information regarding replacement of policies, contracts, or certificates.
• 33-43-6. Notice of right to return policy and of right to refund.
• 33-43-7. Review and approval of medicare supplement advertisements.
• 33-43-8. Regulations.
• 33-43-9. Enforcement.

Chapter 44. High Risk Health Insurance Plan, 33-44-1 through 33-44-10.

• 33-44-1. (For effective date, see note.) Short title.
• 33-44-2. (For effective date, see note.) Definitions.
• 33-44-3. (For effective date, see note.) Georgia High Risk Health Insurance Plan created; board of directors; method of operation for plan; powers of plan.
• 33-44-4. (For effective date, see note.) Eligibility for coverage; termination of coverage; application for coverage.
• 33-44-5. (For effective date, see note.) Selection of insurer to administer claims payments; period of service; duties and expenses of administrator.
• 33-44-6. (For effective date, see note.) Net premiums; revision of schedule of benefits and cost containment features.
• 33-44-7. (For effective date, see note.) Major medical expense coverage.
• 33-44-8. (For effective date, see note.) Liability of plan and board of directors.
• 33-44-9. (For effective date, see note.) Exemption from taxes.
• 33-44-10. (For effective date, see note.) Donations and gifts; appropriations.

Chapter 45. Continuing Care Providers and Facilities, 33-45-1 through 33-45-14.

• 33-45-1. Definitions.
• 33-45-2. Use of powers; providers or facilities charging an entrance fee.
• 33-45-3. Certificate of authority required for operation of continuing care facilities.
• 33-45-4. Administration by Insurance Department.
• 33-45-5. Application for approval or renewal of certificate of authority.
• 33-45-6. Annual revised disclosure statement; statement to be made available to all residents of facility; submission of other necessary information as determined by Commissioner.
• 33-45-7. Requirements for continuing care agreements, addenda, and amendments.
• 33-45-7.1. Provider authorized to offer continuing care when resident purchases resident owned living unit.
• 33-45-8. Portion of entrance fee paid by resident to be held in escrow account.
• 33-45-9. Provisions of this chapter not subject to waiver.
• 33-45-10. Information disclosure requirements.
• 33-45-11. Maintaining financial reserves; requirements.
• 33-45-12. Actions for recovery of damages and attorney's fees.
• 33-45-13. Penalties for violation of chapter provisions; department authorized to take remedial action, including suspension and revocation of certificate of authority.
• 33-45-14. Period of applicability of chapter.

Chapter 46. Certification of Private Review Agents, 33-46-1 through 33-46-14.

• 33-46-1. Legislative purposes and intent.
• 33-46-2. Definitions.
• 33-46-3. Certification of private review agents; exemption.
• 33-46-4. Requirements for certification.
• 33-46-5. Certificate application fees; information to be submitted with application.
• 33-46-6. Expiration and renewal of certificate.
• 33-46-7. Jurisdiction of Commissioner over private review agents.
• 33-46-8. Applicability of Chapter 39 of Title 33.
• 33-46-9. Listings of certificate holders.
• 33-46-10. Reporting requirements.
• 33-46-11. Adoption of rules and regulations.
• 33-46-12. Exemptions from certificate requirements.
• 33-46-13. Exemptions from applicability of chapter.
• 33-46-14. Commissioner to issue annual report.

Chapter 47. Managing General Agents, 33-47-1 through 33-47-7.

• 33-47-1. Short title.
• 33-47-2. Definitions.
• 33-47-3. License required; surety bond; errors and omissions policy.
• 33-47-4. Written contract with insurer required; contents.
• 33-47-4.1. Fully earned policy fees.
• 33-47-5. Insurer's oversight responsibilities; notice to Commissioner of relationship with managing general agent; conflict of interest.
• 33-47-6. Principal and agent relationship created.
• 33-47-7. Violation of chapter; penalties.

Chapter 48. Producer Controlled Property and Casualty Insurers, 33-48-1 through 33-48-4.

• 33-48-1. Short title.
• 33-48-2. Definitions.
• 33-48-3. Limitations on producer who has control of licensed property and casualty insurer; limitations on reinsurance intermediary.
• 33-48-4. Proceedings upon violation of chapter; burden of proof; penalties.

Chapter 49. Reinsurance Intermediaries, 33-49-1 through 33-49-11.

• 33-49-1. Short title.
• 33-49-2. Definitions.
• 33-49-3. Brokers and managers required to be licensed producers; surety bond; errors and omissions policy; reinsurance intermediary license; exemption.
• 33-49-4. Written authorization of relationship required; contents.
• 33-49-5. Retention of records.
• 33-49-6. Prohibition against employing unlicensed broker or individual employed by broker; annual statement of broker's financial condition required.
• 33-49-7. Written contract required between manager and reinsurer; contents.
• 33-49-8. Restrictions on manager's operations.
• 33-49-9. Restrictions on reinsurer's operations.
• 33-49-10. Examination of reinsurance intermediaries and managers by Commissioner.
• 33-49-11. Violations; penalties.

Chapter 50. Multiple Employer Self-Insured Health Plans, 33-50-1 through 33-50-14.

• 33-50-1. Definition of multiple employer self-insured health plan.
• 33-50-2. License required to transact business; health plans of municipalities, counties, or other political subdivisions.
• 33-50-3. Application for license; payment of fees; payment of premium taxes.
• 33-50-4. Filing of bylaws, schedules of benefits, and management, administration, and trust agreements.
• 33-50-5. Minimum surplus; capital requirements; security deposit; annual audit; aggregate excess stop-loss coverage; individual excess stop-loss coverage.
• 33-50-6. Requirements for holding of funds collected.
• 33-50-7. Required disclosure statements.
• 33-50-8. Health plans subject to examinations.
• 33-50-9. Dissolution of plan.
• 33-50-10. Rules and regulations promulgated by Commissioner.
• 33-50-11. Power of Commissioner to suspend license.
• 33-50-12. Legislative intent.
• 33-50-13. Date when filings due.
• 33-50-14. Commissioner approval of plans offering coverage in other states.

Chapter 51. Georgia Affordable HSA Eligible High Deductible Health Plan, 33-51-1 through 33-51-7.

• 33-51-1. Short title.
• 33-51-2. Legislative intent.
• 33-51-3. Development of guidelines; promotion by Commissioner; authority of Commissioner.
• 33-51-4. Programs not considered unfair trade practice.
• 33-51-5. Nonpreferred provider reimbursement.
• 33-51-6. Incentives for preferred providers.
• 33-51-7. Health reimbursement arrangement only.

Chapter 52. Assumption Reinsurance Agreements, 33-52-1 through 33-52-6.

• 33-52-1. Applicability of chapter.
• 33-52-2. Definitions.
• 33-52-3. Notice of transfer; contents and form of notice; prior approval of Commissioner.
• 33-52-4. Rejection of transaction by policyholders; receipt of notice; transfers involving companies deemed to be in hazardous condition.
• 33-52-5. Novation of insurance contract.
• 33-52-6. Approval or disapproval by Commissioner.

Chapter 53. Coverage for Certain Types of Anti-Cancer Drug Therapy, 33-53-1 through 33-53-4.

• 33-53-1. Definitions.
• 33-53-2. Conditions of coverage.
• 33-53-3. Enforcement.
• 33-53-4. Exceptions to requirements for coverage.

Chapter 54. Genetic Testing, 33-54-1 through 33-54-8.

• 33-54-1. Legislative findings and determinations; intent of chapter.
• 33-54-2. Definitions.
• 33-54-3. Purpose of testing; consent required; confidential and privileged information.
• 33-54-4. Prohibited use of information.
• 33-54-5. Use of information in criminal investigation or prosecution authorized.
• 33-54-6. Use of information for scientific research purposes authorized.
• 33-54-7. Applicability of chapters.
• 33-54-8. Violations of chapter.

Chapter 55. Reporting of Transactions by Insurers, 33-55-1 through 33-55-3.

• 33-55-1. Insurers to report acquisitions and dispositions of assets and material changes to ceded reinsurance agreements to Commissioner.
• 33-55-2. "Material" acquisition or disposition defined; scope of reporting requirement; information to be included in report.
• 33-55-3. "Material" nonrenewal, cancellation, or revision of ceded reinsurance agreement defined; scope of reporting requirement; information to be included in report.

Chapter 56. Risk-Based Capital Levels, 33-56-1 through 33-56-13.

• 33-56-1. Definitions.
• 33-56-2. Annual risk-based capital level report required; computations.
• 33-56-3. Company action level events; preparation and submission of risk-based capital level plan; hearing; out-of-state filing.
• 33-56-4. Regulatory action level events; preparation and submission of risk-based capital level plan; determination of corrective actions; hearing; expenses.
• 33-56-5. Authorized control level events; actions by Commissioner.
• 33-56-6. Mandatory control level events; actions by Commissioner.
• 33-56-7. Notification to insurer of determination or action by Commissioner; right to hearing.
• 33-56-8. Confidentiality of certain information and corrective orders.
• 33-56-9. Chapter supplemental to other laws; exemption for certain domestic property and casualty insurance.
• 33-56-10. Foreign insurers; responsibility of domestic insurers to other states.
• 33-56-11. Immunity of Commissioner and department.
• 33-56-12. Severability.
• 33-56-13. Effective date of notices by Commissioner.

Chapter 57. Consumers' Insurance Advocate, 33-57-1 through 33-57-8 [Repealed].

• 33-57-1 through 33-57-8 [Repealed].

Chapter 58. Charitable Gift Annuities, 33-58-1 through 33-58-6.

• 33-58-1. Definitions.
• 33-58-2. Qualified charitable gift annuities.
• 33-58-3. Agreement for annuity; notice.
• 33-58-4. Notice of annuity to Commissioner.
• 33-58-5. Failure to comply with notice.
• 33-58-6. Issuance not violation of Title 10.

Chapter 59. Life Settlements, 33-59-1 through 33-59-18.

• 33-59-1. Short title.
• 33-59-2. Definitions.
• 33-59-3. License requirements; representation of producers; exceptions; application and renewal; fees; licenses for legal entities; investigation by Commissioner and issuance of license; nonresident applicants; required information from provider; continued training requirements.
• 33-59-4. Suspension, revocation, or refusal to renew licenses; grounds; hearing required.
• 33-59-5. Filing of contracts and disclosure statements with the Commissioner; approval or disapproval.
• 33-59-6. Filing of annual statement with the Commissioner; confidential information.
• 33-59-7. Examination of licensees and businesses; record retention requirements; examination reports; orders; hearings; confidentiality of examination information; conflict of interest; immunity; investigative authority of the Commissioner.
• 33-59-8. Advertising.
• 33-59-9. Required written disclosures; consequence for failure to provide.
• 33-59-10. Lender-financed premiums using policy as collateral; disclosures and certifications.
• 33-59-11. Required documents and information; confidentiality; seller's right to rescind; escrow proceedings; failure to tender consideration; limitation on contracts with the insured for the purpose of determining the insured's health status.
• 33-59-12. Promulgation of regulations; determining governing law when multiple owners.
• 33-59-13. Unlawful activities deemed fraudulent life settlement act.
• 33-59-14. Violations; required statement; reporting of fraudulent acts to the Commissioner; immunity for providing information concerning fraudulent acts; confidentiality of documents and evidence; mandatory adoption of antifraud initiatives by providers.
• 33-59-15. Remedies and penalties for violations; procedural issues.
• 33-59-16. Fraudulent life settlement acts prohibited; criminal and civil penalties; revocation of license.
• 33-59-17. Unfair trade practice.
• 33-59-18. Transacting business permitted while the provider's license application is pending.

• 33-59A-1. Compact enacted and entered into by the State of Georgia; text of compact.
• 33-59A-2. Membership on Interstate Insurance Product Regulation Commission; Commissioner of Insurance to be state's representative.

INTERSTATE INSURANCE PRODUCT REGULATION COMPACT Article I. Purposes.

Article II. Definitions. For purposes of this Compact:

Article III. Establishment of the Commission and Venue. 1)The Compacting States hereby create and establish a joint public agency known as the "Interstate Insurance Product Regulation Commission." Pursuant to Article IV, the Commission will have the power to develop Uniform Standards for Product lines, receive and provide prompt review of Products filed therewith, and give approval to those Product filings satisfying applicable Uniform Standards; provided, it is not intended for the Commission to be the exclusive entity for receipt and review of insurance product filings. Nothing herein shall prohibit any Insurer from filing its product in any State wherein the Insurer is licensed to conduct the business of insurance; and any such filing shall be subject to the laws of the State where filed.

Article IV. Powers of the Commission. The Commission shall have the following powers:

Article V. Organization of the Commission. 1)Membership, Voting, and Bylaws.

Article VI. Meetings and Acts of the Commission. 1)The Commission shall meet and take such actions as are consistent with the provisions of this Compact and the Bylaws.

RULEMAKING FUNCTIONS OF THE COMMISSION AND OPTING OUT OF UNIFORM STANDARDS

Article VII. Rules and Operating Procedures. 1)RULEMAKING AUTHORITY. The Commission shall promulgate reasonable Rules, including Uniform Standards, and Operating Procedures in order to effectively and efficiently achieve the purposes of this Compact.Notwithstanding the foregoing, in the event the Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of this Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force and effect.

Article VIII. Commission Records and Enforcement. 1)The Commission shall promulgate Rules establishing conditions and procedures for public inspection and copying of its information and official records, except such information and records involving the privacy of individuals and insurers' trade secrets. The Commission may promulgate additional Rules under which it may make available to federal and state agencies, including law enforcement agencies, records and information otherwise exempt from disclosure, and may enter into agreements with such agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

Article IX. Dispute Resolution. The Commission shall attempt, upon the request of a Member, to resolve any disputes or other issues that are subject to this Compact and which may arise between two or more Compacting States, or between Compacting States and Noncompacting States, and the Commission shall promulgate an Operating Procedure providing for resolution of such disputes.

Article X. Product Filing and Approval. 1)Insurers and Third-Party Filers seeking to have a Product approved by the Commission shall file the Product with, and pay applicable filing fees to, the Commission. Nothing in this Act shall be construed to restrict or otherwise prevent an insurer from filing its Product with the insurance department in any State wherein the insurer is licensed to conduct the business of insurance, and such filing shall be subject to the laws of the States where filed.

Article XI. Review of Commission Decisions Regarding Filings. 1)Not later than thirty (30) days after the Commission has given notice of a disapproved Product or Advertisement filed with the Commission, the Insurer or Third Party Filer whose filing was disapproved may appeal the determination to a review panel appointed by the Commission. The Commission shall promulgate Rules to establish procedures for appointing such review panels and provide for notice and hearing. An allegation that the Commission, in disapproving a Product or Advertisement filed with the Commission, acted arbitrarily, capriciously, or in a manner that is an abuse of discretion or otherwise not in accordance with the law, is subject to judicial review in accordance with Article III, Section (4).

Article XII. Finance. 1)The Commission shall pay or provide for the payment of the reasonable expenses of its establishment and organization. To fund the cost of its initial operations, the Commission may accept contributions and other forms of funding from the National Association of Insurance Commissioners, Compacting States, and other sources. Contributions and other forms of funding from other sources shall be of such a nature that the independence of the Commission concerning the performance of its duties shall not be compromised.

Article XIII. Compacting States, Effective Date, and Amendment. 1)Any State is eligible to become a Compacting State.

Article XIV. Withdrawal, Default, and Termination. 1)Withdrawal.

Article XV. Severability and Construction. 1)The provisions of this Compact shall be severable; and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.

Article XVI. Binding Effect of Compact and Other Laws. 1)Other Laws.

Chapter 60. Small Business Employee Choice of Benefits Health Insurance Plan Act, 33-60-1 through 33-60-6.

• 33-60-1. Short title.
• 33-60-2. Legislative intent.
• 33-60-3. Definitions.
• 33-60-4. Requirements for insurers and employers; sale by health maintenance organizations permitted; purchase of additional coverage permitted.
• 33-60-5. Required notice and acknowledgement.
• 33-60-6. Authority of the Commissioner with respect to this chapter.

Chapter 61. Regulation of Automobile Clubs, 33-61-1 through 33-61-2.

• 33-61-1. Definitions.
• 33-61-2. Automobile club performing services.

Chapter 62. Property and Casualty Actuarial Opinion Law, 33-62-1 through 33-62-3.

• 33-62-1. Short title.
• 33-62-2. Submission of annual statement of actuarial opinion of appointed actuary by property and casualty insurance companies licensed to do business in Georgia.
• 33-62-3. Submission of supporting documentation; confidentiality; disclosure.

Chapter 63. Guaranteed Asset Protection Waivers, 33-63-1 through 33-63-9.

• 33-63-1. Legislative findings.
• 33-63-2. Purpose; exemptions from applicability of chapter; guaranteed asset protection waivers exempt from state's insurance laws.
• 33-63-3. Definitions.
• 33-63-4. Offering, selling, or providing to borrowers guaranteed asset protection waivers.
• 33-63-5. Contractual liability or other insurance policies.
• 33-63-6. Required disclosures.
• 33-63-7. Cancellation.
• 33-63-8. Exempted commercial transactions.
• 33-63-9. Commissioner of Insurance to enforce provisions; penalty for violations.

Chapter 64. Regulation and Licensure of Pharmacy Benefits Managers, 33-64-1 through 33-64-11.

• 33-64-1. Definitions.
• 33-64-2. License requirements and filing fees.
• 33-64-3. Requirements and procedures affecting pharmacy benefits managers; surety bond.
• 33-64-4. Pharmacy benefits manager shall not engage in the practice of medicine.
• 33-64-5. Audit requirements applicable to pharmacy benefits managers.
• 33-64-6. Pharmacy benefits manager shall not have to be licensed as an administrator.
• 33-64-7. Commissioner not authorized to extend rules and regulations; Commissioner authorized to enforce specific provisions of chapter and promulgate rules and regulations.
• 33-64-8. Electronic prior authorization drug requests with health care providers.
• 33-64-9. Requirements for use of maximum allowable cost pricing by pharmacy benefits managers; appeals; enforcement authority.
• 33-64-10. Administration of claims by pharmacy benefit manager.
• 33-64-11. Prohibited activities of pharmacy benefits manager.