Subject 120-2-15 REPORTING OF POLICY CANCELLATIONS AND NONRENEWALS
For the purpose of this Regulation Chapter, the following definitions shall apply:
|(a)||For the purposes of this Regulation Chapter and for the purpose of implementing and interpreting O.C.G.A. § 33-24-46, the term "residential real property" shall mean any property on which the policy is issued to a natural person or persons insuring a specifically described owner occupied one (1) or two (2) family dwelling, including condominium, manufactured housing, standard fire, homeowners, farmowners, and contents policies.|
|(b)||For purposes of this Regulation Chapter, the terms "cancellation" and "nonrenewal" shall be defined as in O.C.G.A. §§ 33-24-44 and 33-24-46.|
On or before the first day of February, May, August and November, unless notified by the Commissioner of Insurance to cease prior thereto, and continuing until notified by the Commissioner to cease, all insurance companies doing business in the State of Georgia and issuing policies of property and/or casualty insurance shall file with the Office of Commissioner of Insurance the following information:
|(a)||The total number of residential property policies cancelled or nonrenewed by the insurer during the preceding quarter together with the reasons for such cancellations and nonrenewals. Provided however, this Regulation Chapter shall not apply to any policy which has been cancelled or nonrenewed due to a failure of the named insured to discharge when due any of his or her obligations in connection with the payment of premium for a policy or any installment thereof.|
|(b)|| The information required in subsection
(a) shall be submitted in such form as will show the total number of
cancellations and nonrenewals together with the reasons for such cancellations
and nonrenewals for each type of policy issued. The reasons for cancellations
and nonrenewals shall be shown as follows:
Any insurer doing business in the State of Georgia and issuing policies of property and/or casualty insurance shall file with the Office of Commissioner of Insurance the information required in § 120-2-15-.02 and such other specifically related information for such periods of time as the Commissioner may require from time to time by written notice to any such insurer. The information shall be submitted within ten (10) days from receipt of notice unless, upon showing of good cause, an extension of time is granted by the Commissioner. This regulation is not intended to limit or diminish any other reporting or notice requirements found elsewhere in the Georgia Insurance Code or the Rules and Regulations of the Georgia Insurance Department.
On or before the first day of February, May, August, and November, unless notified by the Commissioner to cease prior thereto, and continuing until notified by the Commissioner to cease, all insurance companies transacting business in the State of Georgia and issuing policies of insurance on residential property shall file with the Office of Commissioner of Insurance, Property and Casualty Division, the following information, as a minimum, on Form GID-RP-1:
|(a)||The total number of residential real property insurance policies which have been cancelled or nonrenewed by the insurer during the preceding calendar quarter.|
|(b)||The information required in subsection (a) shall be submitted by completing Form GID-RP-1 attached hereto and incorporated as a part of this Rule. In addition, the Commissioner or his or her designee may require that the same information be submitted on IBM-formatted diskette, Double Density (DD) or High Density (HD) capacity. Every policy which has been cancelled or nonrenewed shall be listed indicating the city street address, ZIP code, county, and the policy number. In addition, the submission should indicate the reasons for the cancellation or nonrenewal. This Rule does not apply to those policies cancelled or nonrenewed by the insurer for nonpayment of premium or to those policies cancelled and reissued by the same insurer when there is no gap in insurance coverage on the property which is insured.|
|(c)||The insurer shall provide notice to the insured of cancellation or nonrenewal of policies of insurance against direct loss to residential real property and the contents thereof, as required by O.C.G.A. §§ 33-24-44 and 33-24-46. Such notice of cancellation or nonrenewal from the insurer shall be accompanied by the specific reason or reasons for such cancellation or nonrenewal, which reason or reasons shall be in language sufficiently clear and specific so that a person of average intelligence can identify the basis for the insurer's decision without further inquiry. Such notice must be accompanied by a tender of any unearned premium paid by the insured calculated on a pro rata basis, but if not accompanied by such notice, such tender shall be made on or before the cancellation date or no later than thirty (30) days after such notice is delivered in person or mailed, whichever is later, unless an audit or rate investigation is required, in which case such tender shall be made as soon as practicable.|
|(d)||The notice required under subsection (c) above shall be delivered in person or by depositing such notice in the United States mail to be dispatched by at least first class mail to the last address of record of the insured and receiving therefore the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service.|
|(e)||When a policy is cancelled, other than for nonpayment of premium, or in the event of a failure to renew or continue a policy, the insurer shall notify the named insured of his or her possible eligibility for insurance through the Georgia Fair Access to Insurance Requirements Plan. Such notice shall accompany or be included in the notice of cancellation or the notice of intent not to renew, or not to continue the policy, and is given pursuant to this section. Included in such notice shall be the address by which the Georgia Fair Access to Insurance Requirements Plan might be contacted in order to determine eligibility.|
Any insurer, representative, officer, or employee or such insurer, failing to comply with the requirements of this Regulation Chapter shall be subject to such penalties and other enforcement action as may be appropriate under the insurance laws of this State.
If any provisions of this Regulation Chapter or the application thereof to any person or circumstance is for any reason held to be invalid by a court of competent jurisdiction, the remainder of the Regulation Chapter or the applicability of such provision to other persons or circumstances shall not be affected.