Discretionary Refusal, Revocation, or Suspension of Certificate Generally

  1. Law
  2. Georgia Code
  3. Insurance
  4. Authorization and General Requirements for Transaction of Insurance
  5. Discretionary Refusal, Revocation, or Suspension of Certificate Generally

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In addition to any other grounds set forth in this title, the Commissioner may refuse to issue a certificate of authority or after a hearing refuse to renew or may revoke or suspend an insurer's certificate of authority or place an insurer under administrative supervision if the insurer:

  1. Violates any provision of this title other than those as to which refusal, suspension, or revocation is mandatory;
  2. Knowingly fails to comply with or violates any rule, regulation, or order of the Commissioner;
  3. Is found by the Commissioner to be in unsound condition or in such condition as to render its further transaction of insurance in Georgia hazardous to its policyholders or to the public;
  4. As a general scheme or plot without just cause compels claimants to accept less than the amount due them or to bring an action against it to secure full payment thereof;
  5. Refuses to be examined or to produce its accounts, records, and files for examination by the Commissioner when required; or refuses to furnish such other additional information as the Commissioner may deem necessary to consider the application for renewal of such insurer's certificate of authority;
  6. Fails to pay any final judgment rendered against it in Georgia within 30 days after such judgment becomes final; or
  7. Is affiliated with and under the same general management or interlocking directorate or ownership as another insurer which transacts direct insurance in Georgia without having a certificate of authority therefor, except as permitted to a surplus line insurer under Chapter 5 of this title or an insurance holding company under Chapter 13 of this title.

(Code 1933, § 56-317, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1992, p. 2877, § 5.)

Law reviews.

- For comment on Bankers Life & Cas. Co. v. Cravey, 208 Ga. 682, 69 S.E.2d 87 (1952), see 14 Ga. B.J. 468 (1952).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 56-104 are included in the annotations to this Code section.

Commissioner may not arbitrarily refuse to renew license.

- The law does not confer upon the individual who happens to be Commissioner unlimited power to entertain dissatisfaction or opinions arbitrarily and capriciously as a basis for refusal to renew the license. Bankers Life & Cas. Co. v. Cravey, 208 Ga. 682, 69 S.E.2d 87 (1952), commented on in 14 Ga. B.J. 468 (1952).

Unjustified refusal is basis for mandamus.

- Where the refusal of the Commissioner to renew an insurance company's license is without justification, the failure to perform this official duty will irreparably injure the company, and therefore its petition alleges a cause of action for mandamus. Bankers Life & Cas. Co. v. Cravey, 208 Ga. 682, 69 S.E.2d 87 (1952), commented on in 14 Ga. B.J. 468 (1952).

Commissioner may not refuse renewal for failure to copy records.

- Having the power to investigate an insurance company, to inspect its original records, and to take the sworn testimony of its agents, the Commissioner has a duty to do so and is unauthorized to impose upon the company a duty to copy its records and refuse a renewal of its license upon its failure in that respect. Bankers Life & Cas. Co. v. Cravey, 208 Ga. 682, 69 S.E.2d 87 (1952), commented on in 14 Ga. B.J. 468 (1952).

Cited in Cochran v. Paco, Inc., 409 F. Supp. 219 (N.D. Ga. 1975).

OPINIONS OF THE ATTORNEY GENERAL

State Health Benefit Plan is not subject to the Georgia Insurance Code, and neither the State Personnel Board nor the entity administering self-insured plans for the State Personnel Board would be subject to any administrative fines or sanctions under the insurance code for administration of such plans. 1982 Op. Att'y Gen. No. 82-70.

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, §§ 42, 43.

C.J.S.

- 44 C.J.S., Insurance, §§ 63 et seq, 79, 139 et seq.


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