and in the life or physical or mental ability of any of its directors, officers, or employees or the directors, officers, or employees of any of its subsidiaries or any other person whose death or physical or mental disability might cause financial loss to the corporation; or, pursuant to any contractual arrangement with any shareholder concerning the reacquisition of shares owned by him or her at the time of his or her death or disability, on the life or physical or mental ability of that shareholder for the purpose of carrying out such contractual arrangement; or, pursuant to any contract obligating the corporation as part of compensation arrangements or pursuant to a contract obligating the corporation as guarantor or surety, on the life of the principal obligor. The trustee of a trust established by a corporation for the sole benefit of the corporation has the same insurable interest in the life or physical or mental ability of any person as does the corporation. The trustee of a trust established by a corporation providing life, health, disability, retirement, or similar benefits to employees of the corporation or its affiliates and acting in a fiduciary capacity with respect to such employees, retired employees, or their dependents or beneficiaries has an insurable interest in the lives of employees for whom such benefits are to be provided. As used in this subsection, the term “employee” shall include any and all directors, officers, employees, or retired employees. The term “employee” shall include any former employee, but only for the purpose of replacing existing life insurance that will be surrendered in exchange for new life insurance in an amount not exceeding the insurance being surrendered.
History. Code 1933, § 56-2404, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1988, p. 317, § 1; Ga. L. 1989, p. 1109, § 1; Ga. L. 1991, p. 1123, §§ 1, 2; Ga. L. 1993, p. 1721, § 3; Ga. L. 1995, p. 776, § 2; Ga. L. 2003, p. 482, § 1; Ga. L. 2006, p. 869, § 1/HB 1484; Ga. L. 2019, p. 386, § 23/SB 133.
The 2019 amendment, effective July 1, 2019, deleted the former second and third sentences of subsection (k), which read: “No part of this Code section specifically recognizing any insurable interest shall create any presumption or implication that such insurable interest did not exist prior to July 1, 2006. To the contrary, an insurable interest shall be presumed with respect to any life insurance policy issued prior to July 1, 2006, to any person whose insurable interest is recognized in this Code section.
Structure Georgia Code
Chapter 24 - Insurance Generally
Article 1 - General Provisions
§ 33-24-2. Applicability of Chapter
§ 33-24-3. Insurable Interest; Personal Insurance
§ 33-24-4. Insurable Interest; Property Insurance
§ 33-24-6.1. Prerequisites for Replacement Life Insurance Exceeding Insurance Being Surrendered
§ 33-24-8. Admissibility in Evidence of Applications in Actions Between Insurer and Insured
§ 33-24-9. Approval or Disapproval of Forms
§ 33-24-10. Grounds for Disapproval of Forms
§ 33-24-10.1. Standard or Uniform Claim Form
§ 33-24-13. Execution of Policies; Use of Facsimile Signatures
§ 33-24-14.1. Electronic Delivery of Plan Documentation
§ 33-24-15. When Policies or Contracts Become Effective
§ 33-24-16. Construction of Policies
§ 33-24-16.1. Clarification of Term “Actual Charge” or “Actual Fee”
§ 33-24-17. Assignment of Policies
§ 33-24-18. Contents of Insurance Policies and Annuity Contracts Generally
§ 33-24-19. Incorporation of Constituent Documents in Policies
§ 33-24-22. Provision in Health Insurance Policies for Coverage of Newly Born or Adopted Children
§ 33-24-28. Termination of Coverage of Dependent Child Upon Attainment of Specified Age
§ 33-24-28.1. Coverage of Treatment of Mental Health or Substance Use Disorders
§ 33-24-28.2. Coverage of Outpatient Surgery
§ 33-24-30. Excluding or Denying Coverage on Basis of Violation of Civil Air Regulations
§ 33-24-30.1. Excluding or Denying Coverage on Basis of Lawful Firearms Possession
§ 33-24-32. Underwriters’ and Combination Policies
§ 33-24-33. Binders and Other Contracts for Temporary Insurance
§ 33-24-35. Withdrawal or Retirement From Group Insurance Plan
§ 33-24-38. Renewal or Extension of Policies by Certificate or Endorsement
§ 33-24-41. Discharge of Insurer by Payment Generally
§ 33-24-41.2. Written Notice by Insurer to Claimant of Payment of Claim in Third-Party Settlement
§ 33-24-42. Payment of Claims in Event of Simultaneous Deaths
§ 33-24-44. Cancellation of Policies Generally
§ 33-24-44.1. Procedure for Cancellation by Insured and Notice
§ 33-24-46. Cancellation or Nonrenewal of Certain Property Insurance Policies
§ 33-24-49. Deposit of Funds Covered by Bonds
§ 33-24-50. Action as Sureties Upon Guaranteed Arrest Bond Certificates; Acceptance of Certificates
§ 33-24-52. Direct Response Insurance Business
§ 33-24-54. Payments to Nonparticipating or Nonpreferred Providers of Health Care Services
§ 33-24-56. Prohibition Against Requiring Referral From Primary Care Physician to Dermatologist
§ 33-24-56.2. Surveillance Tests for Ovarian Cancer
§ 33-24-56.3. Colorectal Cancer Screening and Testing
§ 33-24-56.4. Short Title; Definitions; Payment for Telehealth Services
§ 33-24-58. Newborn Baby and Mother Protection Act; Short Title
§ 33-24-58.1. Newborn Baby and Mother Protection Act; Legislative Findings and Declaration
§ 33-24-59.1. Coverage for Treatment of Dependent Children With Cancer
§ 33-24-59.3. Payments Sent Directly to Health Care Provider by Insurer
§ 33-24-59.6. Prescribed Female Contraceptive Drugs or Devices; Insurance Coverage
§ 33-24-59.9. Registered Nurse First Assistants
§ 33-24-59.10. Coverage for Autism
§ 33-24-59.12. Patient Access to Eye Care
§ 33-24-59.14. Definitions; Prompt Pay Requirements; Penalties
§ 33-24-59.15. Definitions; Dental Insurance
§ 33-24-59.16. Equal Access to Child’s Health Insurance Information; Exceptions
§ 33-24-59.18. Coverage for Treatment of a Terminal Condition
§ 33-24-59.20. Access to Stage Four Advanced, Metastatic Cancer Treatments in Health Benefit Plans
§ 33-24-59.22. Prescription Drug Program Defined; Cost Sharing; Denial of Coverage; Dispensing Fees
§ 33-24-59.23. Carrier Issuing Health Benefit Plans to Pay Insurance Agent’s Commissions; Regulation
§ 33-24-59.26. Limitation on Definition of “Preexisting Condition”
§ 33-24-59.27. Right to Shop for Insurance Coverage; Disclosure of Pricing Information; Notice
§ 33-24-59.28. Insurer Obligations for Early Prescription Refills During Emergencies