HB 725 - Insurance; enforcement of provisions; flagrant violations

Georgia House of Representatives - 1995/1996 Sessions

HB 725 - Insurance; enforcement of provisions; flagrant violations

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House Comm: Ins / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 2/14/95 Read 1st Time 2/15/95 Read 2nd Time ---------------------------------------- Code Sections amended:
HB 725 LC 15 4021 A BILL TO BE ENTITLED AN ACT 1- 1 To amend Code Section 33-2-24 of the Official Code of 1- 2 Georgia Annotated, relating to the enforcement powers of the 1- 3 Commissioner of Insurance, the issuance of orders, civil 1- 4 actions, and criminal penalties, so as to provide for 1- 5 certain fines to be assessed if a violation is committed 1- 6 flagrantly or in conscious disregard of the provisions of 1- 7 Title 33 or if a violation has been committed with such 1- 8 frequency so as to indicate a general business practice; to 1- 9 provide for related matters; to repeal conflicting laws; and 1-10 for other purposes. 1-11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-12 Code Section 33-2-24 of the Official Code of Georgia 1-13 Annotated, relating to the enforcement powers of the 1-14 Commissioner of Insurance, the issuance of orders, civil 1-15 actions, and criminal penalties, is amended by striking 1-16 subsection (g) and inserting in lieu thereof a new 1-17 subsection (g) to read as follows: 1-18 "(g) In addition to all other penalties provided for under 1-19 this title, the Commissioner shall have the authority to 1-20 place any insurer, agent, broker, counselor, solicitor, or 1-21 adjuster on probation for a period of time not to exceed 1-22 one year for each and every act or in violation of this 1-23 title or of the rules and regulations or orders of the 1-24 Commissioner and may subject such insurer, agent, broker, 1-25 counselor, solicitor, or adjuster to a monetary penalty of 1-26 up to $1,000.00 for each and every act in violation of 1-27 this title or of the rules, regulations, or orders of the 1-28 Commissioner, unless if such act or violation is committed 1-29 flagrantly and is in conscious disregard of this title or 1-30 any rule or regulation promulgated pursuant to this title; 1-31 or if such act has been committed with such frequency so 1-32 as to indicate a general business practice to engage in 1-33 such conduct. If the insurer, agent, broker, counselor, 1-34 solicitor, or adjuster knew or reasonably should have -1- (Index) LC 15 4021 2- 1 known he or she was in violation of this title or of the 2- 2 rules and regulations or orders of the Commissioner, the 2- 3 monetary penalty provided for in this subsection may be 2- 4 increased to an amount up to $5,000.00 for each and every 2- 5 act or violation." SECTION 2. 2- 6 All laws and parts of laws in conflict with this Act are 2- 7 repealed. -2- (Index)

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