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2008 SUMMARY OF NEW STATE LAWS - GEORGIA

Georgia State Legislative Website

BILL #

CHAPTER #

ISSUE

BILL DESCRIPTION

HB 130

568

Identity Theft

Relates to protection from identity theft; provides for security freezes; provides for definitions; provides for procedures for placing, removing, and temporarily lifting a security freeze; provides for related matters; provides for an effective date; repeals conflicting laws; provides for notice to consumers. Effective date: August 1, 2008.

HB 673

721

Towing Issues

Relates to the commencement of liability of an automobile insurer to pay benefits to a third party on behalf of the insured for towing and storage costs; provides for a third party's lienholder to be included on any settlement draft or payment. Effective date: July 1, 2008.

HB 1235

437

Commercial Auto

Relates to motor vehicles and traffic, so as to change notice of insurance issuance requirements for fleet policies; provides for the reporting of fleet vehicles to the Department of Revenue minimum liability insurance data base; relates to recognition of an insurance card as valid proof of insurance. Effective date: July 1, 2008.

SB 113

767

Producer Licensing

Relates to agents, agencies, subagents, counselors, and adjusters, so as to provide for background checks; to require appointment of an agent by an authorized insurer before licensing; provides for forms for license applications; provides for appointment of limited subagents; prohibits agents whose licenses are inactive from selling, soliciting, or negotiating insurance; provides for rules and regulations for certain adjusters; provides for related matters. Effective date: July 1, 2008.

SB 213

537

State Regulation

Relates to authorization and general requirements for transaction of insurance; provides that the Commissioner of Insurance is authorized to waive retaliatory obligations, prohibitions, or restrictions under certain circumstances; provide for exceptions. Effective date: July 1, 2008.

SB 276

801

UM/UIM

Relates to kinds of insurance, provides that an uninsured motor vehicle includes a motor vehicle for which the available coverages are inadequate to cover a person's bodily injury and property damage losses and that such motor vehicle shall be considered uninsured to the full extent of the limits of the uninsured motorist coverage provided under the insured's motor vehicle insurance policy; provides for related matters; repeals conflicting laws. Effective date: January 1, 2009.

SB 347

535

Financial Regulation

Relates to assets and liabilities of insurance companies; provides that electronic and mechanical machines and software constituting a data processing, record-keeping, or accounting system may be considered an admitted asset when determining the financial condition of insurance companies. Effective date: May 12, 2008.

SB 348

541

Accident Response Fees

Relates to fees and taxes regarding insurance, so as to provide that the imposition of any fees or taxes for services provided by counties or municipal corporations upon insurance companies is in contravention of public policy; to provide for related matters; repeals conflicting laws Effective date: May 12, 2008.

SB 425

450

State Regulation

Relates to liability insurance or self-insurance programs and additional coverages; authorizes the Department of Administrative Services to establish incentive programs including differential premium rates and deductibles based on loss histories of state agencies, institutions, and authorities, and such entities' participation in loss control programs; provides for the deposit of funds collected from state entities. Effective date: July 1, 2008.

SB 470

771

Financial Regulation

Relates to insurance, so as to provide a short title; provides for the submission of an annual statement of actuarial opinion by an appointed actuary by each property and casualty insurance company licensed to do business in this state; provides for exceptions; provides for the submission of supporting documentation; provides for the confidentiality of certain documents, materials, and other information. Effective date: July 1, 2008.

SB 471

769

Financial Regulation

Relates to the Department and Commissioner of Insurance generally, so as to provide for regulator financial examinations of domestic insurers every five years; provides for the confidentiality of examination work papers; provides for the immunity from liability for a contracted examiner to be the same as that of an employee of the state conducting the same state functions. Effective date: July 1, 2008.

SB 518

760

Auto Repairs

Relates to kinds of insurance so as to include contracts agreements, and instruments for the removal of dents dings or creases in a motor vehicle without affecting the existing paint finish using paintless dent repair techniques within the definition of property insurance in a manner similar to vehicle service agreements or extended warranty agreements; provides for related matters; repeals conflicting laws. Effective date: July 1, 2008.

The information contained in this summary is not intended as a portrayal of every property/casualty-related law enacted in each state. Rather, it represents recently enacted legislation specifically identified by NAMIC State and Regulatory Affairs Staff as bearing direct relevance to those issues that represent NAMIC's National State Legislative Agenda or otherwise deemed pertinent to the interests of the majority of NAMIC members.

This summary is for use as a convenient tool for our members, and is not intended, and should not be considered to be, legal advice. Please consult your legal representatives.