(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.
