Georgia Code
Chapter 9 - Regulation of Rates, Underwriting Rules, and Related Organizations
§ 33-9-21. Maintenance and Filing Rates, Rating Plans, Rating Systems, or Underwriting Rules; Examination of Claim Reserve Practices by Commissioner

History. Code 1933, § 56-522.1, enacted by Ga. L. 1967, p. 684, § 1; Ga. L. 1978, p. 2073, § 2; Ga. L. 1980, p. 1063, § 1; Ga. L. 1982, p. 644, § 3; Ga. L. 1983, p. 629, §§ 2, 3; Ga. L. 1984, p. 22, § 33; Ga. L. 1985, p. 149, § 33; Ga. L. 1987, p. 870, § 2; Ga. L. 1990, p. 1409, § 16; Ga. L. 1991, p. 1608, § 1.6; Ga. L. 1992, p. 2725, § 17; Ga. L. 1994, p. 647, § 1; Ga. L. 1996, p. 705, § 4; Ga. L. 2008, p. 1192, § 4/SB 276; Ga. L. 2009, p. 42, § 2/SB 76; Ga. L. 2019, p. 337, § 1-48/SB 132; Ga. L. 2020, p. 493, § 33/SB 429.
The 2019 amendment, effective July 1, 2019, in paragraph (a)(2), deleted “, not later than July 30, 1990,” following “Shall require” at the beginning of the first sentence, deleted “premium” preceding “rates” in the first, second and third sentences, inserted “admitted” following “examination of” in the fifth sentence, and deleted “, the initial two-year period to be calculated from July 30, 1990” following “two years” at the end; and, in paragraph (b)(2), inserted “personal” preceding “private passenger” in four places and substituted “this subsection” for “paragraph (1) of subsection (b) of Code Section 33-9-21” in the first sentence.
The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “provided, however, that the Commissioner” for “provided, however, the Commissioner” in the proviso in the second sentence of subsection (a); and substituted “provided, however, that if the Commissioner” for “provided, however, if the Commissioner” in the next-to-last sentence of subsection (e).
Cross references.
Management and public inspection of state documents, T. 50, C. 18.
Editor’s notes.
Ga. L. 1982, p. 644, § 3, which amended this Code section and which was to have taken effect January 1, 1984, was repealed by Ga. L. 1983, p. 629, § 3, effective March 16, 1983. However, since the 1983 Act amended this Code section “as amended by said 1982 Act,” the restated language of this Code section in the 1983 Act reflected many of the changes effected by the 1982 Act.
Ga. L. 1991, p. 1608, § 3.2, not codified by the General Assembly, effective April 17, 1991, provides: “(a) Each insurer shall file its proposed forms, manuals, underwriting rules, rates, and rating plans for coverages under motor vehicle insurance policies to be issued, issued for delivery, delivered, or renewed on and after October 1, 1991, with the Commissioner of Insurance for such examination and approval as is required by law. The Commissioner shall not approve such filings unless such filings contain optional medical payments coverage. Rates and rating plans for motor vehicle insurance coverages filed pursuant to this subsection shall reflect a reduction of the rates or rating plans for such coverages on file with the Commissioner as of January 28, 1991, of not less than 15 percent, as compared to rates in effect for coverages required to be offered by the former ‘Georgia Motor Vehicle Accident Reparations Act,’ with the exception of physical damage coverages, as specified in paragraph (3) of subsection (a) of former Code Section 33-34-5 and third-party property damage coverages. On October 1, 1991, the Commissioner shall reduce by 15 percent or such higher amount as he determines appropriate, after notice and hearing as required by law, any rate or rating plan for such coverages under motor vehicle insurance policies for which no filing has been received.
“(b) Any insurer aggrieved by the rate filing required pursuant to subsection (a) of this section may petition the Commissioner for a hearing to grant relief from the rate filing as the result of extraordinary circumstances. The insurer shall have the burden of proof to establish the extraordinary circumstances which justify relief. A hearing conducted pursuant to this subsection shall be conducted in accordance with the provisions of Chapter 2 of Title 33. Upon conclusion of any hearing conducted pursuant to this subsection, the Commissioner shall enter an order specifying the rates to be used by the insurer and shall indicate in his order all factors entering into a decision to relieve the insurer from full compliance with the provisions of subsection (a) of this section.”
Administrative rules and regulations.
Workers’ compensation insurance statistical agent - Forms and rating plans, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General, Commissioner of Insurance, Chapter 120-2-36.
Georgia workers’ compensation insurance rate filings, Official Compilation of the Rules and Regulations of the State of Florida, Rules of Comptroller General, Commissioner of Insurance, Chapter 120-2-37.
Law reviews.
For survey article on insurance law, see 60 Mercer L. Rev. 191 (2008).

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