Georgia House of Representatives - 1995/1996 Sessions

HB 42 - Insurance; unfair and deceptive practices; certain rates

Page Numbers - 1/ 2

1. Williams  114th        2. Towery  30th            3. Harbin  113th


House Comm: Ins        /                Senate Comm: I&L        /                                   
House Vote: Yeas 162   Nays 1           Senate Vote: Yeas     Nays                                  
              ----------------------------------------                                              
               House          Action         Senate                                                 
              ----------------------------------------                                              
              1/9/95   Read 1st Time         1/31/95                                                
              1/10/95  Read 2nd Time                                                                
              1/27/95  Favorably Reported                                                           
              Sub      Committee Amend/Sub                                                          
              1/30/95  Read 3rd Time                                                                
              1/30/95  Passed/Adopted                                                               
              CS       Comm/Floor Amend/Sub                                                         
              ----------------------------------------                                              
Rules Suspended to Introduce                                                                        
                                                                                                    
Code Sections amended: 33-6-5                                                                       


HB 42                                            LC 15 4044S






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 33-6-5 of the Official Code of Georgia
  1- 2  Annotated, relating to unfair and deceptive practices in the
  1- 3  business of insurance, so as to provide that in cases where
  1- 4  classification, premiums, or rates are not required to be
  1- 5  filed with and approved by the Commissioner, the premiums
  1- 6  and charges shall not be in excess of or less than those
  1- 7  specified in the policy and, except for those coverages
  1- 8  written in accordance with Chapter 5 of Title 33, as fixed
  1- 9  by the insurer; to repeal conflicting laws; and for other
  1-10  purposes.

  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-12  Code Section 33-6-5 of the Official Code of Georgia
  1-13  Annotated, relating to unfair and deceptive practices in the
  1-14  business of insurance, is amended by striking subparagraph
  1-15  (B) of paragraph (6) and inserting in lieu thereof a new
  1-16  subparagraph (B) to read as follows:

  1-17        "(B) No person shall knowingly collect as premium or
  1-18        charge for insurance any sum in excess of or less than
  1-19        the premium or charge applicable to such insurance,
  1-20        which sum is specified in the policy in accordance
  1-21        with the applicable classifications and rates as filed
  1-22        with and approved by the Commissioner or, in cases
  1-23        where classifications, premiums, or rates are not
  1-24        required by this title to be filed and approved, such
  1-25        premiums and charges shall not be in excess of or less
  1-26        than those specified in the policy and, except for
  1-27        those coverages written in accordance with Chapter 5
  1-28        of this title, as fixed by the insurer.  This
  1-29        subparagraph shall not be deemed to prohibit the
  1-30        charging and collecting by surplus line brokers
  1-31        licensed under Chapter 5 of this title of the amount
  1-32        of applicable state and federal taxes in addition to
  1-33        the premium required by the insurer; nor shall it be
  1-34        deemed to prohibit the charging and collecting by a


                                 -1- (Index)

                                                 LC 15 4044S

  2- 1        life or accident and sickness insurer of amounts
  2- 2        actually to be expended for medical examination of an
  2- 3        applicant for life or accident and sickness insurance
  2- 4        or for reinstatement of a life or accident and
  2- 5        sickness insurance policy."

                         SECTION 2.

  2- 6  All laws and parts of laws in conflict with this Act are
  2- 7  repealed.







































                                 -2- (Index)