Compilation of Rules and Regulations of the State of Georgia
Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER
Chapter 120-2 - RULES OF COMMISSIONER OF INSURANCE
Subject 120-2-66 - PROHIBITED CRITERIA FOR RESIDENTIAL PROPERTY UNDERWRITING GUIDELINES
Rule 120-2-66-.03 - Prohibited Practices

Universal Citation: GA Rules and Regs r 120-2-66-.03

Current through Rules and Regulations filed through March 20, 2024

(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;

(d) Level of education of the applicant or insured;

(e) Failure of applicant or insured to agree to purchase an additional policy which is not requested by the insured or applicant;

(f) Age of dwelling without proper consideration of updated mechanical and structural systems;

(g) 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, 33-6-4, 33-6-5, 33-24-46.

Disclaimer: These regulations may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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