Georgia Code
Article 1 - General Provisions
§ 33-6-5. Other Unfair Methods of Competition and Unfair and Deceptive Acts or Practices

In addition to Code Section 33-6-4, violations of the following provisions also are defined as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance:
This subparagraph shall not be deemed to prohibit surplus lines brokers licensed under Chapter 5 of this title from charging and collecting the amount of applicable state and federal taxes in addition to the premium required by the insurer; nor shall it be deemed to prohibit a life or accident and sickness insurer from charging and collecting amounts actually to be expended for medical examination of an applicant for life or accident and sickness insurance or for reinstatement of a life or accident and sickness insurance policy.
(8.1) No insurance company shall cancel, modify coverage, refuse to issue, or refuse to renew any life insurance policy solely because the applicant or insured, acting as a living organ donor, donated all or part of a liver, pancreas, kidney, intestine, lung, or bone marrow, provided that this paragraph shall not be interpreted to modify any other provision of this title relating to the cancellation, modification, issuance, or renewal of any insurance policy or contract;
(12.1) No insurer or managed care entity subject to licensing by the Commissioner shall violate any provision of Chapter 20A of this title;
“THIS ESTIMATE HAS BEEN PREPARED BASED ON THE USE OF AFTERMARKET CRASH PARTS SUPPLIED BY A SOURCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE. THE AFTERMARKET CRASH PARTS USED IN THE PREPARATION OF THIS ESTIMATE ARE WARRANTED BY THE MANUFACTURER OR DISTRIBUTOR OF SUCH PARTS RATHER THAN THE MANUFACTURER OF YOUR VEHICLE.”; and
History. Code 1933, § 56-713, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1971, p. 887, § 1; Code 1933, § 56-712, as redesignated by Ga. L. 1972, p. 1261, § 7; Ga. L. 1980, p. 1011, § 1; Ga. L. 1982, p. 3, § 33; Ga. L. 1983, p. 699, § 1; Ga. L. 1984, p. 22, § 33; Ga. L. 1985, p. 464, § 1; Ga. L. 1985, p. 1227, § 3; Ga. L. 1986, p. 695, § 3; Ga. L. 1989, p. 1396, § 1; Ga. L. 1992, p. 996, § 4; Ga. L. 1995, p. 1165, § 6; Ga. L. 1996, p. 6, § 33; Ga. L. 2000, p. 136, § 33; Ga. L. 2002, p. 441, § 3; Ga. L. 2002, p. 786, § 1; Ga. L. 2005, p. 481, § 1/HB 291; Ga. L. 2019, p. 337, § 1-35/SB 132; Ga. L. 2022, p. 188, § 2/HB 275.
The 2019 amendment, effective July 1, 2019, deleted “immediately preceding March 8, 1960” following “five years” at the end of subparagraph (4)(C); and deleted “paragraph (4) of” preceding “Code Section 33-1-2” near the beginning of the first sentence of paragraph (14).
The 2022 amendment, effective July 1, 2022, added paragraph (8.1). See Editor’s notes for applicability.
Cross references.
Provision that contracts in general restraint of trade contravene public policy, § 13-8-2 .
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1985, the paragraph (10) added by Ga. L. 1985, p. 1227, § 3 was redesignated as paragraph (11).
Pursuant to Code Section 28-9-5, in 2002, in paragraph (12), “canceling” was substituted for “cancelling” in division (A)(i) and subparagraph (B) and “Chapter 20A of this title” was substituted for “Chapter 20A of Title 33” in paragraph (12.1).
Editor’s notes.
Ga. L. 2002, p. 441, § 1, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Consumers’ Health Insurance Protection Act.’ ”
Ga. L. 2002, p. 441, § 11, not codified by the General Assembly, provides that: “This Act shall apply only to health benefit plan contracts issued, delivered, issued for delivery, or renewed in this state on or after October 1, 2002; provided, however, that Section 8 of this Act shall apply to all claims relating to health care services provided on or after July 1, 2002. Any carrier, plan, network, panel, or agent thereof conducting a post-payment audit or imposing a retroactive denial on any claim initially submitted prior to July 1, 2002, shall, no later than June 30, 2003, provide written notice to the claimant of the intent to conduct such an audit or impose such a retroactive denial of any such claim or part thereof, including the specific reason for the audit or denial and shall complete the audit or retroactive denial and provide notice to the claimant of any payment or refund due prior to January 1, 2004.” The reference to Section 8 of the Act apparently should be to Section 9 of the Act, which enacted Article 3 of Chapter 20A of this title.
Ga. L. 2022, p. 188, § 1/HB 275, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Giving the Gift of Life Act.’”
Ga. L. 2022, p. 188, § 4/HB 275, not codified by the General Assembly, makes paragraph (8.1) of this Code section applicable to taxable years beginning on or after July 1, 2022.
Law reviews.
For note on the 2002 amendment of this Code section, see 19 Ga. St. U.L. Rev. 220 (2002).