HB733: HB733 Georgia Insurance Consumer and Policyholder Advocacy Act; enact

Georgia currently has no dedicated office representing everyday insurance buyers when the Commissioner of Insurance reviews rate increases or handles complaints. This bill, known as the Insurance Consumer Protection Act, creates a new position called the insurance consumer advocate, appointed by the Governor, who must be a practicing attorney and who represents consumers and policyholders in hearings, appeals, and rate reviews. The bill also changes how insurance rates are approved. It says rates cannot be unjustifiably increased, requires extra scrutiny and an actuarial report from insurers whenever a rate hike would raise costs, and triggers a mandatory examination for any increase of 10 percent or more within a 12 month period. It ends the automatic 'file-and-use' approval for personal auto insurance filings covering coverage above the state minimum, extends the department's review window, and requires rate filings and approved increases to be posted publicly on the department's website. The changes take effect July 1, 2026, and apply to policies issued or renewed on or after that date.

• Creates the position of insurance consumer advocate within the Department of Insurance, appointed and paid at the Governor's discretion, who must be an attorney representing consumers.
• Gives the advocate power to appear as a party in Commissioner hearings, appeals, and rate proceedings, investigate complaints, and demand hearings.
• Bans rates from being 'unjustifiably increased' and requires an automatic examination for any rate increase of 10 percent or more in a 12 month period.
• Removes the file-and-use system for personal private passenger auto insurance filings above the mandatory minimum coverage limits, replacing it with a Commissioner review and approval process.
• Requires insurers proposing a rate increase to submit a detailed actuarial report and cost breakdown to the Commissioner and the advocate.
• Requires public posting of rate filings within ten days and clear posting of approved rate increases on the department's home page in at least 12 point font.

Georgia insurance consumers and policyholders across health, life, auto, property, and flood coverage; insurance companies and rating organizations that must file more documentation and face longer review periods; the Department of Insurance and the new advocate's office; and the Office of State Administrative Hearings, which gains a new role in disputes.

Georgians buying or renewing insurance policies would gain a dedicated advocate fighting for them in rate disputes and complaints, and would see more public disclosure when companies seek rate hikes. Insurers would face longer approval timelines, added paperwork, and automatic scrutiny for larger rate increases.

• Section 4 establishes the advocate position (O.C.G.A. § 33-2-4), appointed by the Governor, tasked with reviewing cancellations, participating in rate approvals, running consumer education campaigns, and publishing an annual report starting January 31, 2027.
• Section 6 lets the advocate appear as a party in all Commissioner hearings, inspect evidence, examine witnesses, and request subpoenas (O.C.G.A. § 33-2-21).
• Section 9 adds a rule that no rate can be 'unjustifiably increased' and requires review of any filing that raises rates 10 percent or more within 12 months (O.C.G.A. § 33-9-4).
• Section 10 ends automatic file-and-use approval for certain personal auto insurance rates, extends the department's review period from 45 to 60 days, and requires insurers to submit detailed actuarial justification for increases (O.C.G.A. § 33-9-21).
• Section 11 requires the Commissioner to only approve rate increases backed by 'clear and compelling data' and mandates public posting of approved increases (O.C.G.A. § 33-9-21.2).
• Section 12 lets the advocate investigate consumer complaints about rates and request hearings when violations are found (O.C.G.A. § 33-9-26).
• Section 15 sets the effective date as July 1, 2026, applying to policies issued or renewed on or after that date.

1. 2026-02-25House Committee Favorably Reported By Substitute (House)
2. 2025-03-11House Second Readers (House)
3. 2025-03-10House First Readers (House)
4. 2025-03-06House Hopper (House)

• Tanya Miller (D, HD-062)Primary sponsor
• Long Tran (D, HD-080)
• Scott Holcomb (D, HD-101)
• Tyler Smith (R, HD-018)
• Trey Kelley (R, HD-016)
• Saira Draper (D, HD-090)

• insurance rates
• consumer protection
• insurance regulation
• auto insurance
• Department of Insurance