Georgia Code, Title 33, Chapter 24, Article 1 - General Provisions

• § 33-24-1 - Definitions
  As used in this chapter, the term: (1) "Policy" means the written contract of or written agreement for or effecting insurance. The term includes...
• § 33-24-2 - Applicability of Chapter
  This chapter applies to all insurance policies and to annuities and pure endowment contracts as defined in Code Section 33-28-1 except: (1) Reinsurance; (2)...
• § 33-24-3 - Insurable Interest -- Personal Insurance
  (a) An insurable interest, with reference to personal insurance, is an interest based upon a reasonable expectation of pecuniary advantage through the continued life,...
• § 33-24-4 - Insurable Interest -- Property Insurance
  (a) As used in this Code section, "insurable interest" means any actual, lawful, and substantial economic interest in the safety or preservation of the...
• § 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
  (a) Any person of competent legal capacity may contract for insurance.(b) A minor not less than 15 years of age as determined at his...
• § 33-24-6 - Consent of Insured to Insurance Contract; Exceptions; Reliance by Insurer on Statements in Application
  (a) No life or accident and sickness insurance contract upon an individual, except a contract of group life insurance or of group or blanket...
• § 33-24-6.1 - Prerequisites for Replacement Life Insurance Exceeding Insurance Being Surrendered
  Notwithstanding the provisions of subsection (d) of Code Section 33-24-3, subsection (d) of Code Section 33-24-6, or paragraph (11) of Code Section 33-27-3 which...
• § 33-24-7 - Statements and Descriptions in Applications or in Negotiations Deemed Representations and Not Warranties; Effect of Misrepresentations Upon Recovery Under Policies
  (a) All statements and descriptions in any application for an insurance policy or annuity contract or in negotiations for such, by or in behalf...
• § 33-24-8 - Admissibility in Evidence of Applications in Actions Between Insurer and Insured
  As to kinds of insurance other than life insurance, no application for insurance signed by or on behalf of the insured shall be admissible...
• § 33-24-9 - Approval or Disapproval of Forms
  (a) No basic insurance policy or annuity contract form or application form where written application is required and is to be made a part...
• § 33-24-10 - Grounds for Disapproval of Forms
  The Commissioner shall disapprove any form filed under Code Section 33-24-9 or withdraw any previous approval of such form only: (1) If it is...
• § 33-24-10.1 - Standard or Uniform Claim Form
  The Commissioner is authorized to establish by rule or regulation a standard or uniform claim form to be supplied by insurers on and after...
• § 33-24-11 - Waiver by Commissioner of Use of Standard or Uniform Provisions in Policies or Contracts; Approval of Use of Substitute Provisions
  (a) The Commissioner may waive the required use of a particular provision in a particular insurance policy form or annuity or endowment contract form...
• § 33-24-12 - Noncomplying Conditions or Provisions; Cancellation of Contracts Covering Uninsurable Subjects
  (a) Any insurance policy, rider, or endorsement issued after January 1, 1961, and otherwise valid which contains any condition or provision not in compliance...
• § 33-24-13 - Execution of Policies; Use of Facsimile Signatures
  Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney in fact, employee, or...
• § 33-24-14 - Delivery of Policies; Applicability of Uniform Electronic Transactions Act; Additional Mailings
  (a) (1) Subject to the insurer's requirement as to payment of premiums, every policy shall be mailed or delivered to the insured or to...
• § 33-24-15 - When Policies or Contracts Become Effective
  A policy of insurance or an annuity or endowment contract shall run from midday of the date of the policy or contract; and the...
• § 33-24-16 - Construction of Policies
  Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified,...
• § 33-24-16.1 - Clarification of Term "Actual Charge" or "Actual Fee"
  (a) The term "actual charge" or "actual fee," when used in an individual or group specified disease insurance policy, shall mean the amount actually...
• § 33-24-17 - Assignment of Policies
  A policy may be assignable or not assignable, as provided by its terms. Subject to its terms relating to assignability, any life or accident...
• § 33-24-18 - Contents of Insurance Policies and Annuity Contracts Generally
  (a) The written instrument in which a contract of insurance is set forth is the policy.(b) Every policy shall specify: (1) The names of...
• § 33-24-19 - Incorporation of Constituent Documents in Policies
  No policy shall contain any provisions purporting to make any portion of the charter, bylaws, or other constituent document of the insurer a part...
• § 33-24-19.1 - Certificate of Insurance Forms to Be Approved by Commissioner; Definitions; Required Provisions of Certificate
  (a) As used in this Code section, the term: (1) "Certificate" or "certificate of insurance" means any document or instrument, no matter how titled...
• § 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
  (a) No individual policy of accident and sickness insurance offered for sale in this state, other than a policy of credit accident and sickness...
• § 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
  (a) No group policy of accident and sickness insurance offered for sale in this state, other than a policy of credit accident and sickness...
• § 33-24-21.1 - Group Accident and Sickness Contracts; Conversion Privilege and Continuation Right Provisions; Impact of Federal Legislation
  (a) As used in this Code section, the term: (1) "Assistance eligible individual" shall have the same meaning as provided by Section 3001 of...
• § 33-24-21.2 - Continuation of Coverage Under Group Accident and Sickness Plans for Persons 60 Years of Age or Older
  (a) As used in this Code section, the term: (1) "Group contract or group plan" is synonymous with the term "contract or plan" and...
• § 33-24-22 - Provision in Health Insurance Policies for Coverage of Newly Born or Adopted Children
  (a) All individual and group health insurance policies providing coverage on an expense incurred basis and individual and group service or indemnity type contracts...
• § 33-24-23 - Provision in Group Policies of Accident and Sickness Insurance for Exclusion or Reduction of Benefits
  Notwithstanding any other provisions in this title to the contrary, no group policy of accident and sickness insurance offered for sale in this state...
• § 33-24-24 - Provision in Group or Blanket Accident and Sickness Policies of Coverage for Complications of Pregnancy
  (a) For the purposes of this Code section, the term: (1) "Complications of pregnancy" means the following: (A) Conditions requiring hospital confinement when the...
• § 33-24-25 - Provisions in Group or Blanket Policies Excluding or Reducing Coverage of Persons Eligible for or Receiving Medical Assistance
  (a) No group or blanket accident and sickness policy shall contain any provision purporting to exclude or reduce coverage provided an otherwise insurable person...
• § 33-24-26 - Provisions Limiting or Restricting Payment of Benefits for Preexisting Illnesses or Conditions
  (a) No group accident and sickness insurance policy, other than policies of disability income insurance and credit accident and sickness insurance and other than...
• § 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
  (a) A group policy or contract of disability income insurance shall not contain a definition of the term "preexisting condition" which is more restrictive...
• § 33-24-27 - Provision for Reimbursement for Services Within the Lawful Scope of Practice of Psychologists or Chiropractors
  (a) As used in this Code section, the term "psychologist" means any person who is: (1) Duly licensed as a psychologist under Chapter 39...
• § 33-24-27.1 - Provision for Reimbursement for Services Within the Lawful Scope of Practice of Optometrists
  (a) Notwithstanding any provisions in such policies or contracts which might be construed to the contrary, from and after July 1, 1981, all individual...
• § 33-24-27.2 - Provision for Reimbursement for Services Within the Lawful Scope of Practice of Athletic Trainers
  (a) Notwithstanding any provisions in policies or contracts which might be construed to the contrary, from and after July 1, 1999, all individual, group,...
• § 33-24-28 - Termination of Coverage of Dependent Child Upon Attainment of Specified Age
  (a) An individual hospital or medical expense insurance policy or hospital or medical service plan contract which provides that coverage of a dependent child...
• § 33-24-28.1 - Coverage of Treatment of Mental Disorders
  (a) As used in this Code section, the term: (1) "Accident and sickness insurance benefit plan, policy, or contract" means: (A) An individual accident...
• § 33-24-28.2 - Coverage of Outpatient Surgery
  (a) As used in this Code section, the term: (1) "Anesthetic" means an agent that produces insensibility to pain or touch. According to their...
• § 33-24-28.3 - Policies Not to Exclude Payment to Hospitals Specializing in Treatment of Alcoholics or Drug Addicts
  No policy of accident and sickness insurance, other than a policy of accident and sickness insurance issued in connection with an extension of credit,...
• § 33-24-28.4 - Coverage of General Anesthesia and Hospital or Ambulatory Surgical Facility Charges for Certain Dental Care
  (a) As used in this Code section, the term "general anesthesia" means the use of an anesthetic that is complete and affects the entire...
• § 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
  (a) As used in this Code section, the term: (1) "Accident and sickness insurance benefit plan, policy, or contract" means: (A) A group or...
• § 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
  (a) As used in this Code section, the term: (1) "Accident and sickness insurance benefit plan, policy, or contract" means: (A) A group or...
• § 33-24-30 - Excluding or Denying Coverage on Basis of Violation of Civil Air Regulations
  (a) No policy of insurance issued or delivered in this state covering any loss, expense, or liability arising out of the ownership, maintenance, or...
• § 33-24-30.1 - Excluding or Denying Coverage on Basis of Lawful Firearms Possession
  No policy of insurance issued or delivered in this state covering any loss, damage, expense, or liability shall exclude or deny coverage because the...
• § 33-24-31 - Provision in Group Disability Income Policies for Offsetting of Increased Social Security Benefits
  (a) No group disability income policy which integrates benefits shall provide that the amount of any disability benefit actually being paid to the disabled...
• § 33-24-32 - Underwriters' and Combination Policies
  (a) Two or more authorized insurers may jointly issue and shall be jointly and severally liable on an underwriters' policy bearing their names. Any...
• § 33-24-33 - Binders and Other Contracts for Temporary Insurance
  (a) Binders or other contracts for temporary insurance may be made orally or in writing and shall be deemed to include all the usual...
• § 33-24-34 - Group Insurance for Government Employees -- Authorization Generally; Deduction of Premiums From Wages or Salaries
  Each and every county, county board of public instruction, city, town, governmental unit, department, board, or bureau of this state or of the cities...
• § 33-24-35 - Group Insurance for Government Employees -- Participation by Employees Generally; Withdrawal or Retirement From Group Plan
  Participation in group insurance by employees shall be entirely voluntary on the part of each employee at all times. Any employee, upon any payday,...
• § 33-24-36 - Group Insurance for Government Employees -- Effect Upon Rights Under Workers' Compensation Act
  The insurance permitted under Code Sections 33-24-34 and 33-24-35 shall be in addition to and in no manner in lieu of Chapter 9 of...
• § 33-24-37 - Group Insurance for Government Employees -- Effect Upon Local and Special Laws
  Nothing in Code Sections 33-24-34 and 33-24-35 is intended to restrict or repeal the operation of any special or local law enacted prior to...
• § 33-24-38 - Renewal or Extension of Policies by Certificate or Endorsement
  Any insurance policy terminating by its terms at a specified expiration date and not otherwise renewable may be renewed or extended at the option...
• § 33-24-39 - Insurers to Furnish Forms for Proof of Loss; Effect of Furnishing or Failure to Furnish Forms
  An insurer shall furnish, upon written request of any person claiming to have a loss under an insurance contract issued by the insurer, forms...
• § 33-24-40 - Acts of Claims Administration Not to Be Deemed Waiver of Policies or Defenses Under Policies
  Without limitation of any right or defense of an insurer otherwise, none of the following acts by or on behalf of an insurer shall...
• § 33-24-41 - Payment of Claims Under Policies -- Discharge of Insurer by Payment Generally
  Whenever the proceeds of or payments under a life or accident and sickness insurance policy or annuity contract become payable in accordance with the...
• § 33-24-41.1 - Motor Vehicle Accident Claim Covered by Two or More Insurance Carriers; Limited Release
  (a) In any instance where a claim arising out of a motor vehicle accident is covered by two or more insurance carriers, one such...
• § 33-24-41.2 - Written Notice by Insurer to Claimant of Payment of Claim in Third-Party Settlement
  (a) Upon the payment of $5,000.00 or more in settlement of any third-party liability claim, where the claimant is a natural person, the insurer...
• § 33-24-42 - Payment of Claims Under Policies -- Payment of Claims in Event of Simultaneous Deaths
  Where the individual insured or the annuitant and the beneficiary designated in a life insurance policy or policy insuring against accidental death or in...
• § 33-24-43 - Payment of Claims Under Policies -- Medium of Payment
  It shall be unlawful for any insurer to provide in a policy or contract of insurance that the face amount thereof or any loss...
• § 33-24-44 - Cancellation of Policies Generally
  (a) Except as otherwise provided in this chapter, cancellation of a policy which by its terms and conditions may be canceled by the insurer...
• § 33-24-44.1 - Procedure for Cancellation by Insured and Notice
  (a) An insured may request cancellation of an existing insurance policy by returning the original policy to the insurer or by making a written...
• § 33-24-45 - Cancellation or Nonrenewal of Automobile or Motorcycle Policies; Procedure for Review by Commissioner
  (a) This Code section shall apply only to those portions of an automobile policy or a motorcycle policy which relate to bodily injury and...
• § 33-24-46 - Cancellation or Nonrenewal of Certain Property Insurance Policies
  (a) This Code section shall apply only to policies of insurance against direct loss to residential real property and the contents thereof, as defined...
• § 33-24-47 - Notice Required of Termination or Nonrenewal, Increase in Premium Rates, or Change Restricting Coverage; Failure of Insurer to Comply
  (a) Each insurer licensed to transact business in this state which issues or issues for delivery in this state policies or contracts of insurance...
• § 33-24-47.1 - Notice Prior to Cancellation or Nonrenewal of Individual or Group Accident and Sickness Policy
  (a) This Code section shall apply only to policies, contracts, or certificates of insurance insuring against loss resulting from sickness or from bodily injury...
• § 33-24-48 - Acceptance of Surety Insurance Companies As Sureties Upon Bonds of Persons or Corporations; Rights and Liabilities of Corporate Sureties
  Any surety insurance company or any other corporation or company that may do a surety insurance business, incorporated and organized under the laws of...
• § 33-24-49 - Deposit of Funds Covered by Bonds
  It shall be lawful for any party of whom a bond, undertaking, or other obligation is required to agree with his surety or sureties...
• § 33-24-50 - Action As Sureties Upon Guaranteed Arrest Bond Certificates; Acceptance of Certificates
  (a) Any domestic or foreign insurance company, fidelity insurance company, or surety company which has qualified to transact business within this state may contract...
• § 33-24-51 - Purchase of Insurance Covering Injuries Resulting From Governmental Ownership and Use of Motor Vehicles; Waiver of Governmental Immunity; Limitation of Liabilities
  (a) A municipal corporation, a county, or any other political subdivision of this state is authorized in its discretion to secure and provide insurance...
• § 33-24-52 - Direct Response Insurance Business
  (a) For the purposes of this Code section, "direct response insurance business" means the solicitation, delivery, and servicing of group or individual life or...
• § 33-24-53 - Solicitation, Release, or Sale of Automobile Accident Information Prohibited; Definitions; Exceptions; Penalties
  (a) As used in this Code section, the term: (1) "Capper," "runner," or "steerer" means a person who receives a pecuniary benefit from a...
• § 33-24-54 - Payments to Nonparticipating or Nonpreferred Providers of Health Care Services
  (a) Notwithstanding any provisions of Code Sections 33-1-3, 33-1-5, and 33-24-17 and Chapter 20 of this title or any other provisions of this title...
• § 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
  (a) Any health insurer under this title, including a group health plan, as defined in Section 607(1) of the federal Employee Retirement Income Security...
• § 33-24-56 - Prohibition Against Requiring Referral From Primary Care Physician to Dermatologist
  (a) It is the intent of the General Assembly to encourage health care cost containment while preserving the quality of care offered to citizens...
• § 33-24-56.1 - Reimbursement of Medical Expense or Disability Benefit Providers in Personal Injury Cases; Subrogation Prohibited; Notice
  (a) As used in this Code section, the term: (1) "Benefit provider" means any insurer, health maintenance organization, health benefit plan, preferred provider organization,...
• § 33-24-56.2 - Surveillance Tests for Ovarian Cancer
  (a) As used in this Code section, the term: (1) "At risk for ovarian cancer" means: (A) Having a family history: (i) With one...
• § 33-24-56.3 - Colorectal Cancer Screening and Testing
  (a) As used in this Code section, the term: (1) "Health benefit policy" means any individual or group plan, policy, or contract for health...
• § 33-24-56.4 - Payment for Telemedicine Services
  (a) This Code section shall be known and may be cited as the "Georgia Telemedicine Act."(b) As used in this Code section, the term:...
• § 33-24-56.5 - Health Benefit Policy to Provide Coverage for Orally Administered Chemotherapy for the Treatment of Cancer; Definitions
  (a) As used in this Code section, the term: (1) "Cost sharing requirements" includes co-payments, coinsurance, deductibles, and any other amounts paid by the...
• § 33-24-57 - Health Insurance; Provision that Coverage Cannot Be Terminated Due to Individual Claims Experience Required
  (a) As used in this Code section, the term: (1) "Insurer" means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation,...
• § 33-24-57.1 - Health Insurance Identification Card; Issue Required; Contents; Updating; Social Security Numbers Not to Be Displayed
  (a) As used in this Code section, the term: (1) "Health policy" means any health care plan, dental plan, subscriber contract, or other policy...
• § 33-24-58 - Newborn Baby and Mother Protection Act -- Short Title
  This Code section and Code Sections 33-24-58.1 and 33-24-58.2 shall be known and may be cited as the "Newborn Baby and Mother Protection Act."
• § 33-24-58.1 - Newborn Baby and Mother Protection Act -- Legislative Findings and Declaration
  The General Assembly finds and declares that: (1) Whereas, until recently health care insurers covered costs of hospital stays of a mother and a...
• § 33-24-58.2 - Newborn Baby and Mother Protection Act -- Minimum Health Benefit Policy Coverage; Prohibited Actions by Insurance Providers; Required Notice to Mother
  (a) As used in this Code section, the term: (1) "Attending provider" means: (A) Pediatricians and other physicians attending the newborn; and (B) Obstetricians,...
• § 33-24-59 - Women's Access to Health Care; Health Insurance; Provision Disclosing Insured's Right to Direct Access to Obstetricians and Gynecologists Required
  (a) The General Assembly finds and declares that the specialty of obstetrics and gynecology is devoted to health care of women throughout their lifetimes....
• § 33-24-59.1 - Coverage for Treatment of Dependent Children With Cancer
  (a) As used in this Code section, the term: (1) "Accident and sickness insurance benefit plan, policy, or contract" means: (A) An individual accident...
• § 33-24-59.2 - Coverage for Equipment and Self-Management Training for Individuals With Diabetes; Enforcement
  (a) On or after July 1, 2002, every individual major medical and group health insurance policy, group health insurance plan or policy, and any...
• § 33-24-59.3 - Payments Sent Directly to Health Care Provider by Insurer
  (a) As used in this Code section, the term "health care insurer" means any insurer which issues, delivers, issues for delivery, or renews an...
• § 33-24-59.4 - Confidentiality of Medical Information Obtained From Pharmacies; Restrictions on Release of Information; Penalty for Violation
  (a) As used in this Code section, the term "insurer" means an accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit...
• § 33-24-59.5 - Definitions; Timely Payment of Health Benefits; Notification of Failure to Pay; Penalties; Applicability
  (a) As used in this Code section, the term: (1) "Benefits" means the coverages provided by a health benefit plan for financing or delivery...
• § 33-24-59.6 - Prescribed Female Contraceptive Drugs or Devices; Insurance Coverage
  (a) The General Assembly finds and declares that: (1) Maternal and infant health are greatly improved when women have access to contraceptive supplies to...
• § 33-24-59.7 - Coverage for the Treatment of Morbidly Obese Patients; Short Title; Legislative Findings; Adoption of Rules and Regulations by Commissioner
  (a) This Code section shall be known and may be cited as the "Morbid Obesity Anti-discrimination Act."(b) The General Assembly finds and declares that:...
• § 33-24-59.8 - Coverage for Prescription Inhalers; No Restriction on the Number of Days Before Obtaining a Refill As Prescribed
  No individual major medical or group health insurance policy, group health insurance plan or policy, or any other form of managed or capitated health...
• § 33-24-59.9 - Registered Nurse First Assistants
  (a) This Code section shall be known and may be cited as the "Registered Nurse First Assistant Consumer Act."(b) It is the intent of...
• § 33-24-59.10 - (for Effective Date, See Note.) Coverage for Autism
  (a) As used in this Code section, the term: (1) "Accident and sickness contract, policy, or benefit plan" shall have the same meaning as...
• § 33-24-59.11 - Insurance Coverage for Prescription Drugs Used in Manner Different Than Use Authorized by Fda
  (a) As used in this Code section, the term: (1) "Chronic and seriously debilitating" means diseases or conditions that cause significant long-term morbidity and...
• § 33-24-59.12 - Patient Access to Eye Care
  (a) This Code section shall be known and may be cited as the "Patient Access to Eye Care Act."(b) As used in this Code...
• § 33-24-59.13 - Exemptions From Certain Unfair Trade Practices for Certain Wellness and Health Improvement Programs; Incentives
  (a) An insurer issuing life, comprehensive, major medical group, or individual health insurance benefit plans may, in keeping with federal requirements, offer wellness or...
• § 33-24-59.14 - Definitions; Prompt Pay Requirements; Penalties
  (a) As used in this Code section, the term: (1) "Administrator" shall have the same meaning as provided in Code Section 33-23-100. (2) "Benefits"...
• § 33-24-59.15 - Definitions; Dental Insurance
  (a) As used in this Code section: (1) "Covered dental services" means dental care services for which a reimbursement is available under a covered...
• § 33-24-59.16 - Equal Access to Child's Health Insurance Information; Exceptions
  (a) As used in this Code section, the term: (1) "Health benefit policy" means any individual or group plan, policy, or contract for health...
• § 33-24-59.17 - Coverage of Certain Abortions Through Certain Qualified Health Plans Prohibited; Definitions
  (a) No abortion coverage shall be provided by a qualified health plan offered within the State of Georgia through a state law, a federal...
• § 33-24-59.18 - Coverage for Treatment of a Terminal Condition
  (a) As used in this Code section, the term: (1) "Health benefit plan" means any hospital, health, or medical expense insurance policy, hospital or...
• § 33-24-59.19 - Coverage for Treatment of Burns With Skin Substitutes Utilizing Cryopreserved Cadaver Derived Skin Tissue
  No health benefit policy issued, delivered, or renewed in this state that, as a provision of hospital, medical, or surgical services, directly or indirectly...

Last modified: October 14, 2016