Imposition of Administrative Fine Upon Insurer for Certain Acts of Officers, Employees, Agents, or Representatives

  1. Law
  2. Georgia Code
  3. Insurance
  4. Authorization and General Requirements for Transaction of Insurance
  5. Imposition of Administrative Fine Upon Insurer for Certain Acts of Officers, Employees, Agents, or Representatives

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  1. The Commissioner may, after a hearing, impose upon an insurer an administrative fine if he finds that such insurer through the acts of its officers, employees, agents, or representatives has with such frequency as to indicate its general business practice in this state:
    1. Failed to use due diligence in processing all claims, failed to pay claims in a timely manner, failed to provide proper notice when required with respect to the reasons for the insurer's failure to make claims payments when due, or refused without just cause to pay proper claims arising under coverage provided by its policies, whether the claim is in favor of an insured or in favor of a third person with respect to the liability of an insured to a third person or in favor of any other person entitled to the proceeds of a policy;
    2. Compelled, without just cause, insureds, claimants, or other persons entitled to the proceeds of its policies in this state to accept less than the amount due them or to bring an action against the insurer or an insured to secure full payment or settlement thereof; or
    3. Accepted money, trade stamps, gifts, or other remuneration of any kind in return for referring automobile and other property repair business including glass breakage to a particular automobile repairer, glass company, construction company, or other repair company of any kind.
  2. The administrative fine imposed for violations set forth in paragraph (1), (2), or (3) of subsection (a) of this Code section shall not exceed $1,000.00 for each act of misconduct constituting a violation; provided, however, a fine of not more than $5,000.00 for each act of willful misconduct constituting a violation may be imposed.
  3. For the purposes of this Code section, the term "insurer" shall include any insurer, nonprofit organization, or any other person authorized to sell accident and sickness insurance policies, subscriber contracts, certificates, or agreements of any form under Chapter 15, 20, 21, 29, or 30 of this title.

(Code 1933, § 56-317.1, enacted by Ga. L. 1969, p. 585, § 1; Ga. L. 1973, p. 668, § 1; Ga. L. 1982, p. 3, § 33; Ga. L. 1982, p. 1678, §§ 1, 4; Ga. L. 1984, p. 22, § 33; Ga. L. 2019, p. 337, § 1-18/SB 132.)

The 2019 amendment, effective July 1, 2019, deleted "18, 19," following "Chapter 15," near the end of subsection (c).

Cross references.

- Liability of insurer refusing in bad faith to pay claim, § 33-4-6.

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, § 20.

C.J.S.

- 44 C.J.S., Insurance, § 67 et seq.

ALR.

- Necessity and sufficiency, or waiver, of demand as a condition of statutory liability of insurer for failure to pay delay in paying loss, 145 A.L.R. 343.


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