Subject 120-2-65 PROHIBITED CRITERIA FOR PRIVATE PASSENGER AUTOMOBILE UNDERWRITING GUIDELINES
|(1)||The intent of this Regulation Chapter is to prohibit insurers from engaging in unfair discrimination due to the fictitious grouping of risks based on criteria which are not actuarially supported and shown to be relevant to risk. As such, it is the purpose of this Regulation Chapter that no insurer shall condition the issuance, renewal or other continuation of a private passenger automobile insurance policy by placing a risk in a fictitious group based on characteristics enumerated herein.|
|(2)||Nothing containing herein is intended to invalidate actuarially sound rating variables not in conflict with any portion of O.C.G.A. Title 33.|
|(3)||Nothing contained herein is intended to limit or diminish the scope of prohibited underwriting practices found elsewhere in the Georgia Insurance Code or the Rules and Regulations of the Georgia Insurance Department.|
For the purpose of this Regulation Chapter, the following definitions shall apply:
|(a)||"Commissioner" shall mean the Commissioner of Insurance of the State of Georgia.|
|(b)||"Policy" or "policies" shall mean any private passenger automobile policy as defined in O.C.G.A. § 33-24-45(b)(1).|
|(c)||"Underwriting guidelines" shall mean the written, oral or electronic statements, guidelines, or criteria of an insurer which describe the standards used by an insurer to determine whether to issue a policy, decline to issue a policy, non-renew a policy, discontinue or cancel a policy, or restrict coverages provided by a policy of automobile insurance to persons within this State.|
|(1)||No insurer, broker or agent shall use underwriting criteria or guidelines to determine an applicant's or insured's acceptability for policy issuance or continuation of coverage which result in the fictitious grouping of risks and result in unfair discrimination.|
|(2)|| An insurer, broker or agent engages in
the grouping of risks when a determination is made concerning an applicant's or
insured's acceptability for policy issuance or continuation thereof based upon,
but not limited to, any of the following:
|(3)|| Any grouping specified in the
foregoing subparagraph (2) is fictitious and results in unfair discrimination
Each insurer shall provide a complete copy of all available underwriting guidelines and any subsequent revisions to its agents and any authorized representatives. Each insurer shall also provide a copy of this Regulation Chapter to its agents and any authorized representatives.
Upon the request by the Commissioner of Insurance or his or her designated representative, each insurer shall provide the Georgia Insurance Department with a true and correct copy of its underwriting guidelines within twenty (20) days of the date requested.
Any insurer, representative, officer or employee of 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 provision 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 this Regulation Chapter or the applicability of such provision to other persons or circumstances shall not be affected.