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| Georgia General Assembly |
HBill.html
02 LC 28 0784S
(SCS)
The Senate Insurance and
Labor Committee offered the following substitute to HB
24:
A BILL TO BE
ENTITLED
AN ACT
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 provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
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."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.