Unlawful Contracts, Understandings, and Combinations; Powers of Commissioner as to Enforcement of Code Section

  1. Law
  2. Georgia Code
  3. Insurance
  4. Unfair Trade Practices
  5. General Provisions
  6. Unlawful Contracts, Understandings, and Combinations; Powers of Commissioner as to Enforcement of Code Section

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  1. No person shall either within or outside of this state enter into any contract, understanding, or combination with any other person to do jointly or severally any act or engage in any practice for the purpose of or that has a tendency to or the effect of:
    1. Controlling the rates to be charged for insuring any risk or any class of risks in this state;
    2. Unfairly discriminating against any person in this state by reason of his plan or method of transacting insurance or by reason of his affiliation or nonaffiliation with any insurance organization; or
    3. Establishing or perpetuating any condition in this state detrimental to free competition in the business of insurance or injurious to the insuring public.
  2. This Code section shall not apply to ocean marine and foreign trade insurance.
  3. This Code section shall not be deemed to prohibit the doings of things permitted to be done in accordance with Chapter 9 of this title.
  4. Whenever the Commissioner has knowledge of any violation of this Code section, he shall immediately order the offending person to discontinue such practice immediately or to show cause to the satisfaction of the Commissioner why the order should not be complied with. If the offender is an insurer or a licensee under this title and fails to comply with such order within 30 days after receipt of such order, the Commissioner may immediately revoke the offender's certificate of authority or licenses.

(Code 1933, § 56-712, enacted by Ga. L. 1960, p. 289, § 1; Code 1933, § 56-711, as redesignated by Ga. L. 1972, p. 1261, § 7.)

Cross references.

- Provision that contracts in general restraint of trade contravene public policy, § 13-8-2.

OPINIONS OF THE ATTORNEY GENERAL

Practice of title insurance companies paying up to 70 percent of premiums collected to agents in order to obtain business controlled by those agents does not violate paragraph (a)(3) of O.C.G.A. § 33-6-13. 1983 Op. Att'y Gen. No. 83-31.

RESEARCH REFERENCES

ALR.

- Illegality as basis for denying remedy of specific performance for breach of contract, 58 A.L.R.5th 387.


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