Exemption of Certain Insurance Companies From Taxes

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  5. Exemption of Certain Insurance Companies From Taxes

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Any other provision of this chapter to the contrary notwithstanding, an insurance company exempt from federal income tax pursuant to the provisions of 26 U.S.C. Section 501(c)(3) or (4) and which only insures the risks of places of worship shall be exempt from the taxes levied upon insurance companies pursuant to Code Sections 33-8-4, 33-8-8, 33-8-8.1, and 33-8-8.2. Any insurance company desiring the exemption provided by this Code section shall present to the Commissioner the certificate issued by the federal Internal Revenue Service demonstrating the company's tax exempt status and such evidence of the scope of the company's business as the Commissioner shall deem necessary.

(Code 1981, §33-8-13, enacted by Ga. L. 1996, p. 1264, § 1.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1996, "Commissioner" was substituted for "commissioner" in two places in the second sentence.

CHAPTER 9 REGULATION OF RATES, UNDERWRITING RULES, AND RELATED ORGANIZATIONS

Sec.

  • 33-9-1. Purpose and construction of chapter.
  • 33-9-2. Definitions.
  • 33-9-3. Application of chapter.
  • 33-9-4. Standards applicable to making and use of rates.
  • 33-9-5. Authorized joint actions by insurers generally.
  • 33-9-6. Authorized joint actions by two or more admitted insurers having common ownership or operating under common management or control generally.
  • 33-9-7. Authorized agreements among admitted insurers for apportionment of property and casualty insurance; approval by Commissioner; review of practices and activities.
  • 33-9-8. Agreements to share high-risk applicants; approval of rates.
  • 33-9-9. Use of rating systems, underwriting rules, or forms of rating or advisory organizations.
  • 33-9-10. Conduct of operations by organizations engaging in joint underwriting or reinsurance.
  • 33-9-11. Authorization of cooperation among rating organizations and insurers; review of cooperative activities and practices by Commissioner and proceedings thereon.
  • 33-9-12. Requirement of license for rating organization; application; fee.
  • 33-9-13. Evidence to be submitted by rating organization for license.
  • 33-9-14. Examination of rating organization application; investigation of applicant; issuance of license; duration of license.
  • 33-9-15. Annual license fee for rating organizations.
  • 33-9-16. Adoption by rating organizations of rules governing eligibility for membership generally.
  • 33-9-17. Requirement by rating organizations of membership by all insurers having common ownership or operating under common management.
  • 33-9-18. Requirements for conduct of operations by advisory organizations generally; engaging in unfair or unreasonable practices.
  • 33-9-19. Requirements for conduct of operations by organizations engaging in joint underwriting and joint reinsurance generally; engaging in unfair or unreasonable practices.
  • 33-9-20. Maintenance of records by organizations generally; maintenance and reporting of statistics by insurers.
  • 33-9-21. Maintenance and filing rates, rating plans, rating systems, or underwriting rules; examination of claim reserve practices by Commissioner.
  • 33-9-21.1. Filing and maintenance of information relating to certain casualty insurance.
  • 33-9-21.2. Petition for hearing by aggrieved insurer.
  • 33-9-22. Conduct of examinations of organizations by Commissioner generally; acceptance of reports of insurance supervisory officials of other states.
  • 33-9-23. Examination of admitted insurers; examination of insurers transacting workers' compensation insurance.
  • 33-9-24. Examination of officers, managers, agents, and employees of organizations and insurers.
  • 33-9-25. Payment of costs of examinations.
  • 33-9-26. Review of rate, rating plan, rating system, or underwriting rule by insurer or rating organization.
  • 33-9-27. Issuance of notice by Commissioner upon determination of noncompliance with requirements of chapter.
  • 33-9-28. Conduct of hearing by Commissioner upon failure to correct noncompliance; notice of hearing; matters considered at hearing.
  • 33-9-28.1. Assessment of investigation costs against parties.
  • 33-9-29. Issuance of remedial orders by Commissioner generally; suspension or revocation of certificate of authority or license.
  • 33-9-30. Suspension or revocation of license or certificate of authority for failure to comply with order of Commissioner.
  • 33-9-31. Manner of conduct of proceedings in connection with denial, suspension, or revocation of license or certificate of authority.
  • 33-9-32. Validity of contracts to use rates in excess of, or lower than, generally applicable rates.
  • 33-9-33. Payment of dividends, savings, or unabsorbed premium deposits by insurers.
  • 33-9-34. Acts done, actions taken, or agreements made pursuant to chapter not to constitute violation under other laws.
  • 33-9-35. Withholding of information; false or misleading information.
  • 33-9-36. Unauthorized premiums; unlawful inducements.
  • 33-9-37. Liability of insurer conspiring to fix insurance rates unauthorized by chapter.
  • 33-9-38. Penalty for failure to comply with final order of Commissioner; penalty for willful violation of provision of chapter.
  • 33-9-39. Restrictions on motor vehicle insurance surcharges relating to accidents involving law enforcement officers, firefighters, or emergency medical technicians.
  • 33-9-40. Prohibition of motor vehicle insurance surcharges relating to accidents in which insured not at fault.
  • 33-9-40.1. Rates of workers' compensation policies issued to business entities with majority interest held by the same person; limitation on maintenance of reserves; investigations of complaints.
  • 33-9-40.2. Workers' compensation insurance premium discount for insured with drug-free workplace program.
  • 33-9-40.3. Employers to provide work based learning opportunities for students age 16 and older.
  • 33-9-41. Study of effect of 1987 legislation on loss experience; cooperation of insurers; report to General Assembly [Repealed].
  • 33-9-42. Reduction in premiums for motor vehicle liability, first-party medical, and collision coverages for certain named drivers.
  • 33-9-43. Reduction in premiums for motor vehicle liability, first-party medical, and collision coverage for named drivers under 25 years of age.
  • 33-9-44. Legislative intent.
Cross references.

- Deceptive trade practices generally, § 10-1-370 et seq.

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

Unfair trade practices pertaining to insurance transactions, T. 33, C. 6.

Administrative Rules and Regulations.

- Business requirements, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General, Commissioner of Insurance, Chapter 120-2-18.

Review of health benefit plan increases, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General, Commissioner of Insurance, Chapter 120-2-98.

Law reviews.

- For annual survey of torts law, see 35 Mercer L. Rev. 291 (1983). For note, "Price-Fixing in Georgia," see 3 Mercer L. Rev. 314 (1952). For note on 1991 amendments to this chapter, see 8 Ga. St. U.L. Rev. 99 (1992).

JUDICIAL DECISIONS

Law recognizes an authorized rating organization as a legal entity for the conducting of business pertaining to rating matters on behalf of its members and subscribers both before the Commissioner and in the courts. Cravey v. Southeastern Underwriter's Ass'n, 214 Ga. 450, 105 S.E.2d 497 (1958) (decided under former Code 1933, Chs. 56-20 and 56-21, repealed and replaced by Ga. L. 1960, p. 289).

Cited in Sutker v. Pennsylvania Ins. Co., 115 Ga. App. 648, 155 S.E.2d 694 (1967).

OPINIONS OF THE ATTORNEY GENERAL

Setting rates.

- Law does not allow the Insurance Commissioner to set insurance rates, but there are no state or federal restrictions which would preclude such a statutory enactment. 1985 Op. Att'y Gen. No. U85-40.

RESEARCH REFERENCES

ALR.

- Increase in insurance rates or loss of opportunity to obtain insurance in consequence of another's tort as ground of liability, 92 A.L.R. 1205.

Decision of United States Supreme Court that insurance is interstate commerce as affecting state statutes relating to foreign insurance companies, 164 A.L.R. 500.


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