Georgia HB 221: Insurance; filing review process for private passenger motor vehicle liability coverage providing the minimum limits offered by the carrier; revise

Bill Text

23 LC 52 0207
H. B. 221
- 1 -
House Bill 221
By: Representatives Lumsden of the 12
th, Tarvin of the 2
nd, Hawkins of the 27
th, Jasperse of
the 11
th, and Taylor of the 173
rd
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to1
maintenance and filing rates, rating plans, rating systems, or underwriting rules and2
examination of claim reserve practices by the Commissioner, so as to revise the filing review3
process for private passenger motor vehicle liability coverage providing the minimum limits4
offered by the carrier; to clarify the filing review process for other private passenger motor5
vehicle coverage; to provide for related matters; to provide for an effective date and6
applicability; to repeal conflicting laws; and for other purposes.7
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
SECTION 1.9
Code Section 33-9-21 of the Official Code of Georgia Annotated, relating to maintenance10
and filing rates, rating plans, rating systems, or underwriting rules and examination of claim11
reserve practices by the Commissioner, is amended by revising subsection (b) as follows:12
"(b) Any domestic, foreign, or alien insurer that is authorized to write insurance in this13
state must file with the Commissioner any rate, rating plan, rating system, or underwriting14
rule for all personal private passenger motor vehicle insurance: 15

23 LC 52 0207
H. B. 221
- 2 -
(1) For private passenger motor vehicle insurance providing only the mandatory16
minimum limits required by Code Section 33-34-4 and subsection (a) of Code Section17
40-9-37 liability coverage providing the minimum limits offered by the carrier, no such18
rate, rating plan, rating system, or underwriting rule shall become effective, nor may any19
premium be collected by any insurer thereunder, unless the filing has been received by20
the Commissioner in his or her office and such filing has been approved by the21
Commissioner or a period of 45 days has elapsed from the date such filing was received22
by the Commissioner during which time such filing has not been disapproved by the23
Commissioner. The Commissioner shall be authorized to extend such 45 day period by24
no more than 55 days at his or her discretion. If a filing is disapproved, notice of such25
disapproval order shall be given within 100 days of receipt of filing by the26
Commissioner, specifying in what respects such filing fails to meet the requirements of27
this chapter. The filer shall be given a hearing upon written request made within 30 days28
after the issuance of the disapproval order, and such hearing shall commence within 3029
days after such request unless postponed by mutual consent. Such hearing, once30
commenced, may be postponed or recessed by the Commissioner only for weekends,31
holidays, or after normal working hours or at any time by mutual consent of all parties32
to the hearing. The Commissioner may also, at his or her discretion, recess any hearing33
for not more than two recess periods of up to 15 consecutive days each. In connection34
with any hearing or judicial review with respect to the approval or disapproval of such35
rates, the burden of persuasion shall fall upon the affected insurer or insurers to establish36
that the challenged rates are adequate, not excessive, and not unfairly discriminatory.37
After such a hearing, the Commissioner must affirm, modify, or reverse his or her38
previous action within the time period provided in subsection (a) of Code Section 33-2-2339
relative to orders of the Commissioner. The requirement of approval or disapproval of40
a rate filing by the Commissioner under this subsection shall not prohibit actions by the41

23 LC 52 0207
H. B. 221
- 3 -
Commissioner regarding compliance of such rate filing with the requirements of Code42
Section 33-9-4 brought after such approval or disapproval.43
(2) For personal private passenger motor vehicle insurance other than that described in44
paragraph (1) of this subsection, such rate, rating plan, rating system, or underwriting rule45
for all such personal private passenger motor vehicle insurance shall be effective upon46
filing and shall be implemented without approval of the Commissioner. This subsection47
shall apply to the entire personal private passenger motor vehicle insurance policy with48
limits above the mandatory minimum required by Code Section 33-34-4 and49
subsection (a) of Code Section 40-9-37 and shall apply to the entire personal private50
passenger motor vehicle policy with minimum limits if such policy has any additional51
nonmandatory coverage or coverages."52
SECTION 2.53
This Act shall become effective on July 1, 2023, and shall apply to all policies issued,54
delivered, issued for delivery, or renewed in this state on or after such date.55
SECTION 3.56
All laws and parts of laws in conflict with this Act are repealed.57