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Subject 120-2-28 GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT

Rule 120-2-28-.01 Authority

This Regulation is made and promulgated by the Commissioner of Insurance pursuant to the authority set forth in O.C.G.A. § 33-2-9 and 33-34-1et seq.)

Rule 120-2-28-.02 Purpose

The purpose of this Regulation Chapter is to implement the insurance laws of this State with respect to the Georgia Motor Vehicle Accident Reparations Act (O.C.G.A. §§ 33-34-1et seq.) by:

(a) developing minimum requirements and suggested forms for the coverages required by the Act;
(b) establishing procedures and forms for the filing and approval of rates, rating plans, forms, and amnuals;
(c) developing minimum standards and forms for the handling of motor vehicle liability insurance claims; and
(d) establishing minimum requirements for cooperation by insurers with the Department of Public Safety.

Rule 120-2-28-.03 Applicability

This Regulation Chapter shall apply to all insurers transacting motor vehicle liability insurance in this State.

Rule 120-2-28-.04 Definitions

The following terms shall have the meaning set forth in this Regulation Chapter and in the Georgia Motor Vehicle Accident Reparations Act (O.C.G.A. §§ 33-34-1et seq.) Unless a different meaning or construction is clearly required by the context:

(a) "Act" shall mean the Georgia Motor Vehicle Accident Reparations Act.
(b) "Commissioner" shall mean the Commissioner of Insurance.
(c) "Medical Payments Coverage" shall be defined as set forth in O.C.G.A. § 33-34-2(1).
(d) "Motor vehicle" shall be defined as provided for in O.C.G.A. §§ 33-34-1et seq., provided however that the term "motor vehicle" shall not include:
1. vehicles owned by the federal government which are not required to be registered in this State:
2. farm vehicles, mobile equipment and other vehicles not designed primarily for use on the public roads and which are not required to be registered in this State.
(e) "Mobile equipment" shall mean land vehicles such as power cranes, shovels, loaders, diggers and drills; concrete mixers (other than the mix-in-transit type); graders, scrapers, rollers and other road construction or repair equipment; air compressors, pumps and generators, including spraying, welding and building equipment; and geophysical exploration and well servicing equipment, and machinery, or apparatuses attached thereto, regardless of whether such vehicles are self-propelled.
(f) The phrases "personal automobile policy," "personal or familytype policy of motor vehicle insurance," and "private passenger" as used in O.C.G.A. §§ 33-34-1et seq., shall mean policy or policies insuring a natural person as named insured or one or more related individuals resident of the same household which provides bodily injury and property damage liability coverage, medical payments coverage, comprehensive and/or collision coverage, and loss of use coverage, or any combination of coverages and under which the insured vehicles designated in the policy are of the following types only:
1. any motor vehicle of the private passenger, station wagon, or jeep type that is not used as a public or livery conveyance for passengers nor rented to others; or
2. any other four-wheel motor vehicle with a load capacity of 1,500 pounds or less which is not in the occupation or professional business of the insured, provided, however, these phrases shall not apply to any policy covering garage, automobile sales agency, repair shop, service station, or public parking place operation hazards.
(g) "Insurer" shall mean an insurance company transacting motor vehicle liability insurance in this State.
(h) "Motorcycle" means any motor vehicle traveling on public streets or highways having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor or moped.
(i) "Loss or Use" as used in Rules 120-2-28-.05 and 120-2-28-.07 shall mean reasonable and necessary rental expenses or other reasonable transportation expenses incurred as a result of the loss of use of a motor vehicle by an injured third party as the result of an auto accident. These payments shall be available until such time as the insurer has determined the amount of the loss and offered to pay or the limit of liability has been exhausted.

Rule 120-2-28-.05 Minimum Insurance Coverage Required: Filing of Rates and Forms

(1) No insurer transacting motor vehicle liability insurance in this State shall offer, or cause to be offered, or sold, any new or renewal policy of motor vehicle liability insurance with a policy term of less than six (6) months and any policy of motor vehicle liability insurance coverage in an amount less than that required by the Motor Vehicle Safety Responsibility Act (O.C.G.A. §§ 40-9-1et seq.), in the amounts as follows:
(a) Damage for liability on account of accidents of not less than $15,000 because of bodily injury or death of one person in any one accident; and subject to such limit for one person, to a limit of not less than $30,000 because of bodily injury or death to two (2) or more persons in any one accident; and $10,000 because of injury to or destruction of property of others in any one accident, including its loss of use.
(2) Each policy of motor vehicle liability insurance shall be deemed to contain a provision to provide that the requirement for giving notice of a claim may be satisfied by an injured third party if all the following conditions are satisfied:
(a) the insured has not given notice to the insurer within thirty (30) days of the accident.
(b) the injured third party has a claim against the insured as a result of the accident; and
(c) the injured third party notifies the insurer by registered mail.
(3) Each insurer transacting motor vehicle liability insurance in this State shall file proposed policy forms, endorsements, manuals, rates and rating plans with the Commissioner for his or her approval as is required by law.

Rule 120-2-28-.06 Optional Coverage

(1) Insurers may offer other optional coverage as set forth in O.C.G.A. § 33-34-3.1(b)provided that the optional coverage provided for in this paragraph shall not be referenced in a way that is ambiguous, misleading, or could be easily confused with other optional coverages. Medical payments coverage should be offered at a limit of at least $2,000. Insurers shall not be prohibited from offering medical payment limits in addition to, or less than, those specified herein. Insurers shall be required to file rates and rating plans on such additional optional coverages with the Commissioner for such approval as required by law.
(2) As of January 15, 2008 for new business and April 1, 2008 for any policy of insurance renewal, and that policy includes uninsured motorist coverage as defined in O.C.G.A. § 33-7-11, a Notice must be given to the insured that contains the following language:

"If you have chosen to accept Uninsured Motorists coverage from your automobile insurance company, and have any questions after reading this statement regarding Uninsured Motorists coverage or the amount of coverage you have selected, your agent or company representative will be able to assist you. You should have chosen the amount of Uninsured Motorists coverage you want based on this question: If I get hit by someone with little or no liability insurance, how much protection do I need to cover the cost associated with car repair, medical bills, other expenses, and lost wages? If the person who hits your automobile has no liability coverage or liability coverage equal to or less than the Uninsured Motorists amount you chose, your total automobile insurance recovery (from all companies involved) may not exceed the amount of Uninsured Motorists coverage you chose.

The purpose of this notice is informational. This notice does not change or replace the wording in your policy."

(3) Notice shall be provided to all applicants as provided below:
(a) If at the time of application, the applicant is physically present, written and signed confirmation that notice was provided shall be maintained by the insurer;
(b) If the application is taken over the phone or by other electronic means, this notice shall be mailed to the insured and/or made available by other electronic means for the applicant's physical or electronic signature. Such confirmation shall be maintained by the insurer; or
(c) At or prior to renewal. Signatures are not required on renewals.

Rule 120-2-28-.07 Motorcycle Liability Insurance

No insurer shall issue a policy providing coverage for liability arising from the operation or use of a motorcycle on public streets or highways unless the policy provides liability coverage on account of accidents of not less than $15,000 because of bodily injury or death of one person in any one accident and subject to such limit for one person, to a limit of not less than $30,000 because of bodily injury or death of two (2) or more persons in any one accident; and $10,000 because of injury or destruction of property of others in any one accident, including its loss of use.

Rule 120-2-28-.08 Good Student Premium Reduction

(1) For each personal or family-type policy of private passenger motor vehicle insurance there shall be offered by the insurer a reduction in the premium for motor vehicle liability, first-party medical, and collision coverage for each named driver under 25 years of age, as listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy, if that driver:
(a) is unmarried:
(b) is enrolled as a full-time student in:
1. high school;
2. academic courses in a college or university; or
3. vocational technical school;
(c) is an honor student because the scholastic records for the immediately preceding quarter, semester, or comparable segment show that such person:
1. ranks scholastically in the upper 20 percent of the class;
2. has a "B" average or better;
3. has a 3.0 average or better; or
4. is on the "Dean's List" or "Honor Roll"; and
(d) is a driver whose use of the automobile is considered by the insurer in determining the applicable classification.
(2) Proof of meeting the requirements for the discount provided by this section shall be provided annually to the insurer by the insured student or policyholder upon such forms as the Commissioner shall prescribe. The premium reduction required by this section shall be approved by the Commissioner and reflected in the insurer's automobile rating plan.
(3) An insusrer shall not be required to offer the premium reduction provided in this Regulation to a driver who, at any time within a period of three (3) years prior to the beginning of the policy year during which that reduction is otherwise required, has;
(a) been involved in any motor vehicle accident in which that person has been determined to have been at fault;
(b) been finally convicted of, pleaded nolo contendere to, or been found to have committed a delinquent act constituting any of the following offenses:
(1) any serious traffic offense described in the Official Code of Georgia Annotated, Title 40, Chapter 6, Article 15;
(2) any traffic offense for which three (3) or more points may be assessed pursuant to O.C.G.A. § 40-5-57; or
(3) any felony or any offense prohibited pursuant to the Official Code of Georgia Annotated, Title 16, Chapter 13, relating to dangerous drugs, marijuana, and controlled substances; or
(c) had that person's driver's license suspended for refusal to submit to chemical tests pursuant to O.C.G.A. § 40-5-67.1 and that suspension has not been reversed, if appealed from.
(4) Insurers shall use the form the same as or substantially similar to the one contained in Exhibit A of this Regulation. Insurers shall provide this form annually to insured students or policyholders for proof of meeting the requirements of this Rule. In lieu of the form contained in Exhibit A, insurers may accept, or insureds may provide, a transcript or other proof of academic performance from the university, college, technical or vocational school or high school.

Rule 120-2-28-.09 Applicability of the Good Student Premium Reduction and Other Statutory Premium Reduction(s)

(1) The good student premium reduction as contained in this Regulation Chapter shall apply to each driver who qualifies. The good student premium reduction shall conform with the following:
(a) The good student premium reduction shall apply to any qualifying driver whose use of the automobile was considered in determining the applicable classification; and
(b) An insured eligible for the good student premium reduction or any other statutory premium reduction(s) shall receive all such reductions.

Rule 120-2-28-.10 Insurers Obligations to Cooperate With the Department of Public Safety

Insurers shall be required to:

(a) cooperate fully with the Department of Public Safety;
(b) furnish their insureds with a satisfactory proof of insurance in accordance with the Rules and Regulations of the Commissioner of Public Safety; and
(c) notify the Department of Public Safety, in a form acceptable to the Department of Public Safety, of cancellation of the minimum insurance coverage required by the Act in accordance with the Rules and Regulations of the Commissioner of Public Safety.

Rule 120-2-28-.11 Penalties

Any insurer, agent, representative, officer or employee of such insurer, failing to comply with the requirements of this Regulation Chapter shall be subject to such penalties as may be appropriate under the insurance laws of this State.

Rule 120-2-28-.12 Severability

If any provision of this Regulation Chapter, or the application thereof to any person or circumstance, is held 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.

Rule 120-2-28-.13 Repealed

Rule 120-2-28-.14 Repealed

Exhibit (120-2-28) A


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