(1) The Consumer Services Section is the consumer assistance and investigative arm of the Office of Commissioner of Insurance and attempts to assure fair and honest dealings between insurers, agents, and policyholders in all insurance matters.
(2) The Consumer Services Section and the assistant director in charge have been vested with the authority and duties set forth in paragraph (3) of this Rule.
(3) This section shall:
(a) Receive requests for assistance from agents, insurers, and policyholders.
(b) Act upon either a written or telephone request or a personal visit to the office by a citizen.
(c) Record the request for assistance. Such record shall contain the name of the citizen requesting assistance, the person or party against whom assistance is needed, and a statement of the nature of the request.
(d) Assign the request for assistance to the consumer services personnel best qualified to make the particular type investigation involved.
(e) Obtain through investigation all available data necessary to properly evaluate the claim.
(f) Review the estimates of loss in all claims involving fire and casualty to determine if an offer is based on a legitimate estimate.
(g) Have an informal conference between policyholders and company adjusters where needed, so that the conference will bring about a meeting of minds. Often these conferences are successful and bring about an amicable settlement.
(h) Keep constantly alert for violations of the Unfair Trade Practices Act and investigation any apparent violations of such act; if an investigation discloses misrepresentation or any other unfair trade practice, the facts are submitted to the Commissioner for his determination as to the course to be followed to halt the practice.
(i) Promptly investigate all complaints of every kind and nature and take such action within the law as the facts and the relationship of the parties dictate. Investigation is made regardless of the amount involved and the policyholder is informed as to the section's view. If the claim is deemed uncollectible, the file is closed.
(j) Obtain and act upon an investigation from the appropriate personnel of the Office of Commissioner of Insurance if such investigation does not originate from the Consumer Services Section.
(k) Participate in valid automobile claims when it appears that the company is acting in bad faith; that the adjuster assigned to the loss has made no honest effort to conclude it; that the company will not accept estimates of reputable garages or dealerships but insists that estimates of disreputable garages or dealerships be the basis of settlement and when an informal discussion of all aspects of loss between adjuster and aggrieved party will accomplish the desired result.
(4) The section is under the supervision and direction of an assistant director, and such section has been delegated responsibility for administering paragraph (3) of this Rule. All inquiries, requests, and submissions respecting the matters therein set forth should be directed to:
Consumer Services Section
Office of Commissioner of Insurance
716 West Tower, Floyd Building
Two Martin Luther King, Jr., Drive
Atlanta, Georgia 30334
Ga. Laws 1960, pp. 289 and 306, as amended; O.C.G.A. Sec. 33-2-9.
