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Subject 120-2-25 EXEMPTION FROM FILING CERTAIN LIFE AND HEALTH POLICY FORMS

Rule 120-2-25-.01 Statutory Authority

This Regulation is made and promulgated by the undersigned Insurance Commissioner pursuant to authority set forth in Section 33-2-9; Chapter 33-6; and Chapter 33-24 of the Georgia Code Annotated.

Rule 120-2-25-.02 Purpose

The purpose of this Regulation is:

1. To provide for the exemption of filing certain Life and Accident and Sickness Policy Forms and Annuity Contract Forms with the Office of the Insurance Commissioner.
2. To maintain a system of filing to best protect the interests of the insurance public by establishing clear and reasonable guidelines to review Life and Accident and Sickness Policy Forms and Annuity Contract Forms for the purpose of reducing misrepresentation, unfair methods of competition and unfair practices.

Rule 120-2-25-.03 Filing Provisions

All basic Life and Accident and Sickness Policy Forms and Annuity Contract Forms, including Application Forms, where written application is required and is to be made a part of the policy or contract, and printed rider or endorsement forms, or form of renewal certificate not specifically exempted by this Regulation, must be filed in compliance with Section 33-24-9 of the Georgia Code Annotated.

Rule 120-2-25-.04 Listing of Forms in Use

1. On or before March 1, 1972, all insurers writing Life and Accident and Sickness Insurance Policies or Annuity Contracts in this State, shall file with this Office a List of all basic insurance policies and annuity contract forms, including applications, where written applications are required and are to be made a part of the policy or contract, and printed rider or endorsement forms, and all other such forms available for use as of December 31, 1971 in connection with such basic policies and contracts and which are exempted from filing under this Regulation.
(a) Forms must be grouped on the List by Type: Group Life, Individual Life, Group Accident and Health, Blanket Accident and Health, Etc. - and Kind: Policy, Rider, Application, Etc.
(b) The List must be accompanied by a statement executed by an authorized officer of the insurer, stating that to the best of his knowledge, the listed forms are in compliance with all statutory requirements and all Rules and Regulations of this Department, contain nothing that has previously been disapproved or objected to by this Department, and that the forms are exempted from filing by this Regulation.
2. ANNUAL FILINGS must be made in accordance with instructions given above. On or before March 1, 1973, and annually thereafter, filings must be submitted listing all forms available for use in Georgia as of December 31st of the preceding year. This listing shall include all additions or deletions made during the calendar year, with date of such addition or deletion.
3. On or before March 1, 1972, all insurers writing Life and Accident and Sickness Insurance Policies and Annuity Contracts in this State shall file with this Office a List of such forms and contracts, including Application Forms where written application is required to be made a part of the Policy or Contract, and Printed Rider or Endorsement Forms, and all other forms used in connection with such policies and contracts available for use as of December 31, 1971, and WHICH ARE NOT EXEMPTED from filing by this Regulation.
(a) Forms must be listed by type and kind, and each must be identified by descriptive title and form number, and date approved for use in Georgia.
4. In addition, an up-to-date List shall be maintained by the insurer of all Exempt and Non-Exempt Forms, which shall be available to the Commissioner upon request at any time.
5. Forms and documents exempted by this Regulation are not to be submitted to this Office unless specifically requested.

Rule 120-2-25-.05 Exemptions

On and after the effective date of this Regulation, and continuing until further Order of the Commissioner, the following policies and contract forms are hereby exempted from filing under the provisions of Section 33-24-9 of the Georgia Code Annotated:

1. Group Life Exemptions (Not including Credit Life)
(a) All Group Life Insurance Policies and Group Annuity Contracts, except as provided in Sections 33-11-19 and 33-11-34 of the Georgia Code Annotated.
(b) Applications, riders, endorsements and Amendments applicable to Group Life Insurance Policies and Group Annuity Contracts, except as provided in Sections 33-11-19 and 33-11-34 of the Georgia Code Annotated.
(c) Group Life Rate and Classification Manuals.
2. Individual Policy Exemptions - Ordinary and Industrial
(a) Level Amount Whole Life Policies
(i) Straight Life
(ii) Modified Life with not more than one premium increase at the end of three or five years
(iii) Level Premium Limited Payment Life
(iv) Single Premium Life
(v) Level Premium Joint Life
(vi) Family Plan, including Dependent Riders
(b) Level Amount Endowment Policies
(i) Level Premium Endowments for a specific number of years including limited payment endowments
(ii) Single Premium Endowments
(iii) Level Premium Retirement Income
(c) Level Premium Term Policies and Riders
(i) Level Term
(ii) Uniformly Decreasing or Increasing Term
(iii) Mortgage Cancellation Term for a duration of ten years or more
(iv) Family Income
(v) Single Premium Term
(vi) Family Plan Riders including Children's Insurance Riders
(d) Annuities - Except Variable and Separate Accounts (Section 33-11-35)
(i) Single Premium Immediate and Deferred Annuities
(ii) Annual Premium, including Limited Payment, Retirement Annuities
(e) Applications, additional benefit riders, endorsements, and amendments applicable to policies listed in this section.
3. Group Accident and Health Exemptions
(a) All group Accident and Health Policies except as provided in Section 33-30-1(5)at the discretion of the Commissioner.
(b) Applications, riders, endorsements and amendments applicable to policies listed in this Section.
(c) Group Accident and Health Rate and Classification Manuals.
4. Blanket Accident and Health Exemptions
(a) Policies
(i) Issued to any common carrier or to any operator, owner or lessee of a means of transportation, who or which shall be deemed the policyholder covering a group defined as all persons or all persons of a class who may become passengers on such common carrier or such means of transportation. (Section 33-13-4(1))
(ii) Issued to an employer, who shall be deemed the policyholder, covering all employees, dependents or guests defined by reference to specified hazards incident to the activities or operations of the employer or any class of employees, dependents or guests similarly defined. (Section 33-30-3(2))
(iii) Issued to a school, or other institution of learning, camp, or sponsor thereof; or to the head or principal thereof, who or which shall be deemed the policyholder, covering students or campers. Supervisors and employees may be included. (Section 33-30-3(3))
(iv) Issued in the name of any religious, charitable, recreational, educational, or civic organization, which shall be deemed the policyholder, covering participants in activities sponsored by the organization. (Section 33-30-3(4))
(v) Issued to a sports team or sponsors thereof which shall be deemed the policyholder, covering members, officials and supervisors. (Section 33-30-3(5))
(b) Applications, riders, endorsements and amendments applicable to policies and/or riders listed in this Section.

Rule 120-2-25-.06 General Information-Unfair Practices

1. Regulation
(a) This Order is not intended to relieve any insurer from complying with the terms of Chapter 33-6 of the Georgia Code Annotated, and the use of any policy or contract form, or the inclusion in any policy or contract forms of any language which violates the provisions of (b) through (g) of this Rule is hereby deemed and determined to be an unfair method of competition and an unfair and deceptive act or practice described by said Code Chapter, and the same is hereby prohibited.
(b) The insurer shall see that all forms comply with all required provisions in the Statutes, and Regulations of this Department.
(c) The insurer shall be held responsible for, and shall see that no forms contain any ambiguous, deceptive or misleading terms.
(d) The insurer shall be responsible for, and shall see that no forms contain any exception, exclusion, limitation or reduction that is unfair or inequitable or that would deceptively affect the risk purported to be assumed in the general coverage of the contract, or would, because of such provisions being unclear or deceptively worded, encourage misrepresentation.
(e) The insurer shall be responsible for, and shall see that no form is printed or otherwise reproduced in such a manner as to render any provision of the form substantially illegible or not easily legible to persons of normal vision.

{Footnote 1}

(f) No life insurance policy issued in this State shall have incorporated therein an interest rate on policy loans in excess of eight (8%) percent.
(g) Any form which contains provisions, conditions, or concepts which depart from those used by the industry in general in the State of Georgia, or which may be construed as uncommon or unusual, must be submitted whether or not it falls within one of the exempt filings as set forth herein.
(h) The Commissioner reserves the right to require insurers newly licensed in Georgia to submit all forms proposed for use in Georgia for so long as deemed necessary.
(i) The Commissioner shall have the authority at any time to examine and to require the filing of any or all forms used in this State by any insurer at the expense of said insurer.

{Footnote 1}Amended by order of Hon. Johnnie L. Caldwell, Insurance Commissioner, dated October 2, 1975; effective January 1, 1976.

Rule 120-2-25-.07 Penalties for Failure to Comply

Any insurer, or any officer, agent or employee of any insurer failing to comply with the requirements of this Regulation shall be subject to such penalties as authorized by Title 33 of the Georgia Code Annotated, and the Rules and Regulations promulgated thereunder.

Rule 120-2-25-.08 Effective Date

This Regulation shall become effective January 1, 1972.