Georgia Senate - 1995/1996 Sessions

SB 679 - Cert. Insurance Policies - prohi- bit nonrenewal for family violence

Page Numbers - 1/ 2

1. Stokes  43rd           2. Ray  19th               3. Henson  55th


Senate Comm: I&L        /         House Comm: Ins        /                                          
Senate Vote: Yeas 46    Nays 7                                                                      
           ---------------------------------------------                                            
              Senate          Action          House                                                 
           ---------------------------------------------                                            
             2/5/96    Read 1st time          3/6/96                                                
             2/29/96   Favorably Reported                                                           
             3/5/96    Read 2nd Time          3/7/96                                                
             3/6/96    Read 3rd Time                                                                
             3/6/96    Passed/Adopted                                                               
             FA        Comm/Floor Amend/Sub                                                         
           ---------------------------------------------                                            
                                                                                                    
Code Sections amended: 33-24-46, 33-24-47.1                                                         


SB 679 96                                          SB679/FA/3

      SENATE BILL 679

      By:  Senators Stokes of the 43rd, Ray of the 19th and
           Henson of the 55th

                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 1 of Chapter 24 of Title 33 of the Official
  1- 2  Code of Georgia Annotated, relating to general provisions
  1- 3  relative to insurance, so as to provide that an insurer may
  1- 4  not refuse to renew a policy of casualty insurance covering
  1- 5  residential property or an individual or group accident and
  1- 6  sickness policy because of certain reports identifying the
  1- 7  insured as a victim of family violence; to repeal
  1- 8  conflicting laws; and for other purposes.

  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-10  To amend Article 1 of Chapter 24 of Title 33 of the Official
  1-11  Code of Georgia Annotated, relating to general provisions
  1-12  relative to insurance, is amended by striking in its
  1-13  entirety subsection (j) of Code Section 33-24-46, relating
  1-14  to cancellation or nonrenewal of certain property insurance
  1-15  policies, and inserting in lieu thereof the following:

  1-16    "(j) No notice refusing the renewal of a policy issued for
  1-17    delivery in this state shall be mailed or delivered by an
  1-18    insurer or its agent duly authorized to effect such notice
  1-19    of nonrenewal for the following reasons:

  1-20      (1) Lack of, lack of potential for, or failure to agree
  1-21      to a writing of supporting insurance business;

  1-22      (2) A change in the insurer's eligibility rules or
  1-23      underwriting rules, provided that this paragraph shall
  1-24      not apply to a change in such rules if the change
  1-25      applies uniformly within a specific class or territory
  1-26      and such change has been approved by the Commissioner
  1-27      under subsection (k) of this Code section; and

  1-28      (3) Two or fewer claims against the policy within the
  1-29      preceding 36 month period if such claims are not
  1-30      attributable to the negligent or intentional acts of the
  1-31      insured or of persons residing at the insured premises.;
  1-32      and 


                             S. B. 679
                                 -1- (Index)

                                                  SB679/FA/3

  2- 1      (4) Any medical or police report or court order
  2- 2      identifying the insured as a victim of an incident of
  2- 3      family violence, as such term is defined in Code Section
  2- 4      19-13-1."

                         SECTION 2.

  2- 5  Said article is further amended by adding at the end of Code
  2- 6  Section 33-24-47.1, relating to notice prior to cancellation
  2- 7  or nonrenewal of individual or group accident and sickness
  2- 8  policy, a new subsection (e) to read as follows:

  2- 9    "(e) No notice refusing the renewal of a policy issued for
  2-10    delivery in this state shall be mailed or delivered by an
  2-11    insurer or its agent duly authorized to effect such notice
  2-12    of nonrenewal because of any medical or police report or
  2-13    court order identifying the insured as a victim of an
  2-14    incident of family violence, as such term is defined in
  2-15    Code Section 19-13-1."

                         SECTION 3.

  2-16  All laws and parts of laws in conflict with this Act are
  2-17  repealed.


























                             S. B. 679
                                 -2- (Index)