HBill.html

To amend Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, so as to prohibit additional discriminatory practices based on race, color, or national or ethnic origin; to provide for remedies for violations; to amend Code Section 33-7-11.1 of the Official Code of Georgia Annotated, relating to commencement of liability of insurer to pay benefits to third party on behalf of insured, so as to include towing and storage costs; to provide for related matters; to repeal conflicting laws; and for other purposes.

Code Section 33-6-4 of the Official Code of Georgia Annotated, relating to unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, is amended by inserting a new division (b)(8)(A)(iv) and a new subsection (d) to read as follows:
"(iv) Unfair discrimination prohibited by the provisions of this subparagraph includes discrimination based on race, color, and national or ethnic origin. In addition, in connection with any kind of insurance, it shall be an unfair and deceptive act or practice to refuse to insure or to refuse to continue to insure an individual; to limit the amount, extent, or kind of coverage available to an individual; or to charge an individual a different rate for the same coverage because of the race, color, or national or ethnic origin of that individual or to base such refusal, limitation, or rates on criteria which have the effect of discriminating on the basis of race, color, or national or ethnic origin. The prohibitions of this division are in addition to and supplement any and all other provisions of Georgia law prohibiting such discrimination which were previously enacted and currently exist, or which may be enacted subsequently, and shall not be a limitation on such other provisions of law."
"(d) A violation of this Code section shall give rise to a civil cause of action for damages resulting from such violation including, but not limited to, all damages recoverable for breach of insuring agreements under Georgia law including damages for bad faith and attorney´s fees and costs of litigation. A violation of this Code section shall also give rise to the awarding of punitive or exemplary damages in an amount as may be determined by the trier of fact if such violation is found to be intentional. The remedies provided herein are in addition to and cumulative of all other remedies that may now or hereafter be provided by law."

Code Section 33-7-11.1 of the Official Code of Georgia Annotated, relating to commencement of liability of insurer to pay benefits to third party on behalf of insured, is amended by striking subsections (b) and (c) and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) ~~Whenever any insurer undertakes~~ Any insurer, pursuant to any automobile liability or motor vehicle liability insurance policy, to shall pay reasonable benefits for losses to a third party on behalf of an insured for loss of use and towing and storage costs of such a motor vehicle, and the liability of the insurer for payment of ~~the~~ benefits for losses to the third party shall commence as of the time of the incident or occurrence which results in ~~the loss of use of the motor vehicle~~ such losses; provided, however, in no event shall this Code section be construed so as to require the payment of loss of use and towing and storage costs benefits in an amount which is greater than the actual ~~loss of use~~ losses suffered.
(c) The provisions of this Code section shall be applicable to all automobile liability or motor vehicle liability insurance policies pursuant to which an insurer undertakes to pay benefits to a third party on behalf of an insured for the loss of use of such motor vehicle issued, delivered, or renewed in this state on or after ~~November 1, 1982~~ July 1, 2002."