Noncomplying Conditions or Provisions; Cancellation of Contracts Covering Uninsurable Subjects

  1. Law
  2. Georgia Code
  3. Insurance
  4. Insurance Generally
  5. General Provisions
  6. Noncomplying Conditions or Provisions; Cancellation of Contracts Covering Uninsurable Subjects

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  1. Any insurance policy, rider, or endorsement issued and otherwise valid which contains any condition or provision not in compliance with the requirements of this title shall not be rendered invalid due to the noncomplying condition or provision but shall be construed and applied in accordance with such conditions and provisions as would have applied had the policy, rider, or endorsement been in full compliance with this title.
  2. Any insurance contract delivered or issued for delivery in this state covering a subject or subjects of insurance resident, located or to be performed in this state and which, pursuant to this title, the insurer may not lawfully insure under the contract shall be cancelable at any time by the insurer, any provisions of the contract to the contrary notwithstanding; and the insurer shall promptly cancel the contract in accordance with the Commissioner's request for cancellation. No illegality or cancellation shall be deemed to relieve the insurer of any liability incurred by it under the contract while in force or to prohibit the insurer from retaining the pro rata earned premium on the contract. This Code section shall not relieve the insurer from any penalty otherwise incurred by the insurer under this title on account of any violation.

(Code 1933, § 56-2418, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2005, p. 60, § 33/HB 95; Ga. L. 2019, p. 386, § 29/SB 133.)

The 2019 amendment, effective July 1, 2019, deleted "after January 1, 1961," following "endorsement issued" near the beginning of subsection (a).

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, §§ 238 et seq., 259 et seq.

ALR.

- What constitutes "other insurance" within meaning of insurance policy provisions prohibiting insured from obtaining other insurance on same property, 7 A.L.R.4th 494.


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