Right of Person to Whom Policy or Contract Issued to Return Policy or Contract and Receive Premium Refund; Effect of Return; Proof of Return

  1. Law
  2. Georgia Code
  3. Insurance
  4. Individual Accident and Sickness Insurance
  5. Right of Person to Whom Policy or Contract Issued to Return Policy or Contract and Receive Premium Refund; Effect of Return; Proof of Return

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  1. Every individual accident and sickness policy or contract, except single premium nonrenewable policies or contracts, issued for delivery in this state by an insurer shall have printed on or attached to the policy or contract a notice stating in substance that the person to whom the policy or contract is issued shall be permitted to return the policy or contract within ten days of its delivery to said purchaser and to have the premium paid refunded if, after examination of the policy or contract, the purchaser is not satisfied with it for any reason.
  2. If the insured or purchaser, pursuant to such notice, returns the policy or contract to the insurer at its home or branch office, or to the agent through whom it was purchased, it shall be void from the beginning and the parties shall be in the same position as if no policy or contract had been issued. Without limiting any other method of returning a policy or contract under this Code section, it shall be prima-facie evidence of the fact and date of return of a policy or contract if the policy or contract is dispatched by certified mail or statutory overnight delivery to the insurer or agent, as provided in this Code section, and a return receipt provided by the United States Postal Service or commercial delivery company is obtained.

(Code 1933, § 56-3007, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2000, p. 1589, § 10; Ga. L. 2019, p. 386, § 94/SB 133.)

The 2019 amendment, effective July 1, 2019, deleted "on or after January 1, 1961," following "delivery in this state" in subsection (a); and, in subsection (b), in the second sentence, twice substituted "a policy" for "an annuity", and substituted "the policy" for "the annuity".

Editor's notes.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to subsection (b) is applicable with respect to notices delivered on or after July 1, 2000.


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