Georgia Code, Title 33, Chapter 9 - Regulation of Rates, Underwriting Rules, and Related Organizations

• § 33-9-1 - Purpose and Construction of Chapter
  (a) The purpose of this chapter is to promote the public welfare by regulating insurance rates as provided in this chapter to the end...
• § 33-9-2 - Definitions
  As used in this chapter, the term: (1) "Advisory organization" means every person other than an admitted insurer, whether located within or outside this...
• § 33-9-3 - Application of Chapter
  (a) This chapter shall apply to all insurance on risks or on operations in this state, except: (1) Reinsurance other than joint reinsurance to...
• § 33-9-4 - Standards Applicable to Making and Use of Rates
  The following standards shall apply to the making and use of rates pertaining to all classes of insurance to which this chapter is applicable:...
• § 33-9-5 - Authorized Joint Actions by Insurers Generally
  Subject to and in compliance with this chapter authorizing insurers to be members or subscribers of rating or advisory organizations or to engage in...
• § 33-9-6 - Authorized Joint Actions by Two or More Admitted Insurers Having Common Ownership or Operating Under Common Management or Control Generally
  With respect to any matters pertaining to the making of rates or rating systems, the preparation or making of insurance policy or bond forms,...
• § 33-9-7 - Authorized Agreements Among Admitted Insurers for Apportionment of Property and Casualty Insurance; Approval by Commissioner; Review of Practices and Activities
  (a) Agreements may be made among admitted insurers with respect to the equitable apportionment among them of property and casualty insurance which may be...
• § 33-9-8 - Agreements to Share High-Risk Applicants; Approval of Rates
  (a) Agreements shall be made among admitted property and casualty insurers with respect to the equitable apportionment among them of property and casualty insurance...
• § 33-9-9 - Use of Rating Systems, Underwriting Rules, or Forms of Rating or Advisory Organizations
  Members and subscribers of rating or advisory organizations may use the rating systems, underwriting rules, or policy or bond form of the organizations and...
• § 33-9-10 - Conduct of Operations by Organizations Engaging in Joint Underwriting or Reinsurance
  Upon compliance with this chapter as applicable thereto, any rating organization, advisory organization, and any group, association, or other organization of admitted insurers which...
• § 33-9-11 - Authorization of Cooperation Among Rating Organizations and Insurers; Review of Cooperative Activities and Practices by Commissioner and Proceedings Thereon
  Cooperation among rating organizations or among rating organizations and insurers in rate making or in other matters within the scope of this chapter is...
• § 33-9-12 - Licensing of Rating Organizations -- Requirement of License; Application for License; Application Fee
  (a) No rating organization shall conduct its operations in this state without first filing with the Commissioner a written application for and securing a...
• § 33-9-13 - Licensing of Rating Organizations -- Evidence to Be Submitted by Applicant for License
  To obtain and retain a license, a rating organization shall provide satisfactory evidence to the Commissioner that it will: (1) Permit any admitted insurer...
• § 33-9-14 - Licensing of Rating Organizations -- Examination of Application; Investigation of Applicant; Issuance of License; Duration of License
  (a) The Commissioner shall examine each application for license to act as a rating organization and the documents filed therewith and may make such...
• § 33-9-15 - Licensing of Rating Organizations -- Annual License Fee
  Notwithstanding Code Section 33-9-14, each rating organization possessing a license of indefinite term pursuant to such Code section shall owe and pay to the...
• § 33-9-16 - Adoption by Rating Organizations of Rules Governing Eligibility for Membership Generally
  Subject to the approval of the Commissioner, licensed rating organizations may make reasonable rules governing eligibility for membership.
• § 33-9-17 - Requirement by Rating Organizations of Membership by All Insurers Having Common Ownership or Operating Under Common Management
  If two or more insurers having a common ownership or operating in this state under common management are admitted for the classes or types...
• § 33-9-18 - Requirements for Conduct of Operations by Advisory Organizations Generally; Engaging in Unfair or Unreasonable Practices
  (a) No advisory organization shall conduct its operations in this state unless and until it has filed with the Commissioner a copy of its...
• § 33-9-19 - Requirements for Conduct of Operations by Organizations Engaging in Joint Underwriting and Joint Reinsurance Generally; Engaging in Unfair or Unreasonable Practices
  (a) Every group, association, or other organization of insurers which engages in joint underwriting or joint reinsurance through the group, association, or organization or...
• § 33-9-20 - Maintenance of Records by Organizations Generally; Maintenance and Reporting of Statistics by Insurers
  (a) Every insurer, rating organization, or advisory organization and every group, association, or other organization of insurers which engages in joint underwriting or joint...
• § 33-9-21 - Maintenance and Filing Rates, Rating Plans, Rating Systems, or Underwriting Rules; Examination of Claim Reserve Practices by Commissioner
  (a) Every insurer shall maintain with the Commissioner copies of the rates, rating plans, rating systems, underwriting rules, and policy or bond forms used...
• § 33-9-21.1 - Filing and Maintenance of Information Relating to Certain Casualty Insurance.
  In order to facilitate the handling of form and rate filings of certain types of miscellaneous casualty insurance which prior to July 1, 1995,...
• § 33-9-21.2 - Petition for Hearing by Aggrieved Insurer
  Any insurer aggrieved by the Commissioner's disapproval of any rate filing may petition the Commissioner for a hearing within ten days of the notification...
• § 33-9-22 - Conduct of Examinations of Organizations by Commissioner Generally; Acceptance of Reports of Insurance Supervisory Officials of Other States
  (a) The Commissioner shall, at least once every five years, and may, as often as may be reasonable and necessary, make or cause to...
• § 33-9-23 - Examination of Admitted Insurers; Examination of Insurers Transacting Workers' Compensation Insurance
  (a) The Commissioner may, at any reasonable time, make or cause to be made an examination of every admitted insurer transacting any class of...
• § 33-9-24 - Examination of Officers, Managers, Agents, and Employees of Organizations and Insurers
  The officers, managers, agents, and employees of any such organization, group, association, or insurer may be examined at any time under oath and shall...
• § 33-9-25 - Payment of Costs of Examinations
  The reasonable cost of any examination authorized by this chapter shall be paid by the organization, group, association, or insurer to be examined.
• § 33-9-26 - Review of Rate, Rating Plan, Rating System, or Underwriting Rule by Insurer or Rating Organization
  Any person aggrieved by any rate charged, rating plan, rating system, or underwriting rule followed or adopted by an insurer or rating organization may...
• § 33-9-27 - Issuance of Notice by Commissioner Upon Determination of Noncompliance With Requirements of Chapter
  If after examination of an insurer, rating organization, advisory organization, or group, association, or other organization of insurers which engages in joint underwriting or...
• § 33-9-28 - Conduct of Hearing by Commissioner Upon Failure to Correct Noncompliance; Notice of Hearing; Matters Considered At Hearing
  If the Commissioner has good cause to believe the noncompliance to be willful, or if within the period prescribed by the Commissioner in the...
• § 33-9-28.1 - Assessment of Investigation Costs Against Parties
  The costs incurred by the Commissioner in conducting any hearing under this chapter may be assessed against the parties to the hearing in such...
• § 33-9-29 - Issuance of Remedial Orders by Commissioner Generally; Suspension or Revocation of Certificate of Authority or License
  If after a hearing pursuant to Code Section 33-9-28 the Commissioner finds: (1) That any rate, rating plan, or rating system violates the applicable...
• § 33-9-30 - Suspension or Revocation of License or Certificate of Authority for Failure to Comply With Order of Commissioner
  In addition to other penalties provided in this title, the Commissioner may suspend or revoke, in whole or in part, the license of any...
• § 33-9-31 - Manner of Conduct of Proceedings in Connection With Denial, Suspension, or Revocation of License or Certificate of Authority
  Except as otherwise provided in this chapter, all proceedings in connection with the denial, suspension, or revocation of a license or certificate of authority...
• § 33-9-32 - Validity of Contracts to Use Rates in Excess Of, or Lower Than, Generally Applicable Rates
  Nothing contained in this chapter shall be deemed to prohibit an insurer and its insured from contracting to use a rate on a specific...
• § 33-9-33 - Payment of Dividends, Savings, or Unabsorbed Premium Deposits by Insurers
  Nothing in this chapter shall be construed to prohibit or regulate the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by...
• § 33-9-34 - Acts Done, Actions Taken, or Agreements Made Pursuant to Chapter Not to Constitute Violation Under Other Laws
  No act done, action taken, or agreement made pursuant to the authority conferred by this chapter shall constitute a violation of or grounds for...
• § 33-9-35 - Withholding of Information; False or Misleading Information
  No person, insurer, or organization shall willfully withhold information from, or knowingly give false or misleading information to, the Commissioner or to any rating...
• § 33-9-36 - Unauthorized Premiums; Unlawful Inducements
  (a) No broker or agent shall knowingly charge, demand, or receive a premium for any policy of insurance except in accordance with this chapter.(b)...
• § 33-9-37 - Liability of Insurer Conspiring to Fix Insurance Rates Unauthorized by Chapter
  In the event any insurer shall in collusion with any other insurer conspire to fix, set, or adhere to insurance rates, except as expressly...
• § 33-9-38 - Penalty for Failure to Comply With Final Order of Commissioner; Penalty for Willful Violation of Provision of Chapter
  (a) Any person, insurer, organization, group, or association who fails to comply with a final order of the Commissioner under this chapter shall be...
• § 33-9-39 - Restrictions on Motor Vehicle Insurance Surcharges Relating to Accidents Involving Law Enforcement Officers, Firefighters, or Emergency Medical Technicians
  No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance that provides coverage for the personal motor vehicles...
• § 33-9-40 - Prohibition of Motor Vehicle Insurance Surcharges Relating to Accidents in Which Insured Not At Fault
  No insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance or cancel such policy as a result of...
• § 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
  (a) An insurer shall not assign an adverse experience modification factor which is applicable to the rate of a workers' compensation insurance policy issued...
• § 33-9-40.2 - Workers' Compensation Insurance Premium Discount for Insured With Drug-Free Workplace Program
  (a) For each policy of workers' compensation insurance issued or renewed in the state on and after July 1, 1993, there shall be granted...
• § 33-9-41 - Study of Effect of 1987 Legislation on Loss Experience; Cooperation of Insurers; Report to General Assembly
  Reserved. Repealed by Ga. L. 2001, p. 4, § 33, effective February 12, 2001.
• § 33-9-42 - Reduction in Premiums for Motor Vehicle Liability, First-Party Medical, and Collision Coverages for Certain Named Drivers
  (a) For each personal or family-type policy of private passenger motor vehicle insurance issued or issued for delivery in this state, there shall be...
• § 33-9-43 - Reduction in Premiums for Motor Vehicle Liability, First-Party Medical, and Collision Coverage for Named Drivers Under 25 Years of Age
  (a) For each personal or family-type policy of private passenger motor vehicle insurance issued, delivered, issued for delivery, or renewed on or after October...
• § 33-9-44 - Legislative Intent
  It is specifically intended that the discounts provided in Code Sections 33-9-42 and 33-9-43 shall be provided by the insurer to any person who...

Last modified: October 14, 2016