Georgia Code
Chapter 7 - Kinds of Insurance; Limits of Risks; Reinsurance
§ 33-7-6. Property Insurance; Contract Requirements; Rules and Regulations; Exemptions

and shall include those agreements commonly known as vehicle service agreements or extended warranty agreements, if made by a person other than the motor vehicle manufacturer or a subsidiary or affiliate of the motor vehicle manufacturer in exchange for a separately stated charge or the cost of the contract or contracts is included on a nonidentifiable basis in the cost of a motor vehicle sold in conjunction therewith, except that this paragraph shall not apply to an agreement underwritten by an insurer licensed to transact insurance in this state, either directly or through a reinsurance contract or, without regard to the requirement that the insurance cannot be obtained from an insurer authorized to do business in this state as required by Code Section 33-5-21, to an agreement underwritten by a surplus lines insurer which has not been rejected by the Commissioner for such purpose;
History. Code 1933, § 56-405, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1979, p. 804, § 1; Ga. L. 1980, p. 760, § 1; Ga. L. 1983, p. 864, § 1; Ga. L. 1984, p. 22, § 33; Ga. L. 1986, p. 1237, § 1; Ga. L. 1987, p. 3, § 33; Ga. L. 1988, p. 1467, §§ 1, 2; Ga. L. 1989, p. 680, § 1; Ga. L. 1992, p. 2389, §§ 1.1, 1.2; Ga. L. 1996, p. 912, § 3; Ga. L. 2000, p. 423, § 1; Ga. L. 2000, p. 859, § 1; Ga. L. 2002, p. 1037, § 1; Ga. L. 2005, p. 953, § 1/HB 428; Ga. L. 2006, p. 72, § 33/SB 465; Ga. L. 2008, p. 1021, § 1/SB 518; Ga. L. 2012, p. 1350, § 10/HB 1067; Ga. L. 2013, p. 679, § 1/SB 140; Ga. L. 2019, p. 337, § 1-36/SB 132; Ga. L. 2021, p. 216, § 1/HB 241; Ga. L. 2022, p. 352, § 33/HB 1428; Ga. L. 2022, p. 578, § 1-1/HB 733.
The 2019 amendment, effective July 1, 2019, deleted “have the power and authority to” preceding “promulgate rules” in the first sentence of subsection (d); and substituted “this paragraph” for “this subparagraph” at the end of paragraph (f)(1).
The 2021 amendment, effective July 1, 2021, substituted the present provisions of division (b)(1)(B)(v) for the former provisions, which read: “Cosmetic repair to aluminum or painted wheels when the normal appearance of the wheel is altered with minor curb scuffs, scratches, scrapes, or rash; or”; added divisions (b)(1)(B)(vii) and (b)(1)(B)(viii); inserted “or a subsidiary or affiliate of the motor vehicle manufacturer” in the middle of the ending undesignated language in paragraph (b)(1) and in the middle of paragraph (b)(3); substituted “paragraph” for “provision” in the middle of the ending undesignated language in paragraph (b)(1), in the middle of the first sentence of paragraph (b)(2), and near the end of paragraph (b)(3); added paragraph (c)(3); redesignated former paragraph (c)(3) as present paragraph (c)(4); substituted the present provisions of paragraph (c)(4) for the former provisions, which read: “The regulated contract, agreement, or instrument shall be noncancelable by the issuer except for fraud, material misrepresentation, or failure to pay the consideration due therefor. The cancellation shall be in writing and shall conform to the requirements of Code Section 33-24-44. The holder may cancel at any time upon demand and surrender of the contract, agreement, or instrument whereupon the issuer shall refund the excess of the consideration paid for the contract, agreement, or instrument above the customary short rate for the expired term of the contract, agreement, or instrument.”; and redesignated former paragraph (c)(4) as present paragraph (c)(5).
The 2022 amendments.
The first 2022 amendment, effective May 2, 2022, part of an Act to revise, modernize, and correct the Code, substituted “subparagraph (A) of this paragraph” for “subparagraph (c)(3)(A)” in subparagraph (c)(3)(B), and substituted “purchase price” for “purchase” and “pro rata” for “pro rate” in paragraph (c)(4). The second 2022 amendment, effective July 1, 2022, substituted a semicolon for a period at the end of division (b)(1)(B)(vi), deleted “or” from the end of division (b)(1)(B)(vii), substituted “; or” for a period at the end of division (b)(1)(B)(viii), and added division (b)(1)(B)(ix). See Editor’s notes for applicability.
Cross references.
Insurable interest in relation to property insurance, § 33-24-4 .
Fire and other property insurance generally, T. 33, C. 32.
Fair access to property insurance, T. 33, C. 33.
Motor vehicle accident insurance, T. 33, C. 34.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2000, “$100,000.00” was substituted for “$100,000” at the end of paragraph (2) of subsection (b).
Editor’s notes.
Ga. L. 1992, p. 2389, § 2, effective April 20, 1992, not codified by the General Assembly, provides: “Notwithstanding any provision of this chapter to the contrary, a group policyholder may require an employee contribution or an additional contribution for spousal coverage where the spouse so covered is eligible to receive coverage under another group accident and sickness policy but declines such coverage.” However, the reference to “this chapter” in this uncodified section is unclear since Ga. L. 1992, p. 2389 amended Code sections in both chapter 7 and chapter 11 of Title 33.
Ga. L. 2022, p. 578, § 3-1(b)/HB 733, not codified by the General Assembly, makes subparagraph (b)(1)(B) applicable to all such policies and contracts issued, delivered, issued for delivery, or renewed on or after July 1, 2022.
Administrative rules and regulations.
Vehicle and automobile club service contracts, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General, Commissioner of Insurance, Chapter 120-2-47.
Law reviews.
For article surveying recent legislative and judicial developments regarding Georgia’s insurance laws, see 31 Mercer L. Rev. 117 (1979).
For annual survey of construction law, see 57 Mercer L. Rev. 79 (2005).
For note on 1989 amendment to this Code section, see 6 Ga. St. U.L. Rev. 278 (1989).