(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:
(a) Marital status of the applicant, insured or anyone residing in the applicant's or insured's household;
(b) The applicant's or insured's length of time at an address;
(c) Employment status or lawful occupation of the applicant or insured, including the length of time employed with present employer, unless vehicle is used in the course of business;
(d) Credit reports of an applicant or insured or other credit history by whatever manner obtained;
(e) Number of vehicles to be insured;
(f) Status of the applicant or insured as a tenant or homeowner;
(g) Level of education of the applicant or insured;
(h) Lack of, lack of potential for or failure of applicant or insured to agree to a writing of additional business, which includes but is not limited to any additional coverages or increased liability limits on an automobile which are not compulsory according to O.C.G.A. §
40-9-37;
(i) That the applicant or insured has never purchased or been covered by a private passenger automobile policy during any specified period preceding the date of application when the need for coverage did not exist, or that the applicant or insured has previously been covered by a non-standard or residual market issurer; or
(j) The individual's status as a member of the United States Armed Forces, the Reserves of the United States Armed Forces or the National Guard. Nothing herein shall prohibit the use and enforcement of a war exclusion clause if included in the policy at time of issuance.
(3) Any grouping specified in the foregoing subparagraph (2) is fictitious and results in unfair discrimination if:
(a) it is:
1. not actuarially supported;
2. not relevant to risk; and
3. not based on a reasonable consideration allowed under O.C.G.A. §
33-9-4(7); or
(b) it is based in whole or in part, directly or indirectly, upon race, creed or ethnic extraction.
O.C.G.A. Secs. 33-2-9-, 33-6-5, 33-6-12, 33-24-45.
