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Official Code of Georgia Annotated

Title 33. INSURANCE · Chapter 52. ASSUMPTION REINSURANCE AGREEMENTS

33-52-3. Notice of transfer; contents and form of notice; prior approval of Commissioner.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)
    1. (1)

      The transferring insurer shall provide or cause to be provided to each policyholder by first-class mail, addressed to the policyholder’s last known address or to the address to which premium notices or other policy documents are sent, a notice of transfer; provided, however, that, upon application by the transferring insurer, the Commissioner may approve an alternative method of notification. The notice of transfer shall state or provide the following:#

      1. (A)

        A detailed statement explaining the reason or reasons for the transfer;#

      2. (B)

        The date the transfer and novation of the policyholder’s contract of insurance is proposed to take place;#

      3. (C)

        The names, addresses, and telephone numbers of the assuming and transferring insurers;#

      4. (D)

        That the policyholder may reject the transfer and novation;#

      5. (E)

        The procedure and time limit for rejecting the transfer and novation;#

      6. (F)

        A summary of any effect that rejecting the transfer and novation will have on the policyholder’s rights including, for participating policyholders, dividend payments or payments under the contract of insurance;#

      7. (G)

        The states in which the assuming insurer is licensed;#

      8. (H)

        The name and address of the person at the transferring insurer to whom the policyholder should send its written statement of rejection of the transfer and novation; and#

      9. (I)

        The address of the insurance department where the policyholder resides so that the policyholder may contact its insurance department for further information regarding the financial condition of the assuming insurer.#

    2. (2)

      The Commissioner may prescribe the form of the notice to be delivered to policyholders.#

    3. (3)

      The notice of transfer shall include a pre-addressed postage-paid response card which a policyholder may return as its written statement of rejection of the transfer and novation.#

  2. (b)

    Prior approval by the Commissioner is required for any transaction before an insurer assumes or transfers obligations or risks on contracts of insurance in this state under an assumption reinsurance agreement.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 33-52-3, enacted by Ga. L. 1992, p. 1385, § 1.

Editor's notes

Ga. L. 2019, p. 337, § 1-93/SB 132, purported to substitute ‘‘Department of Insurance’’ for ‘‘Insurance Department’’, but the term ‘‘Insurance Department’’ (as capitalized) does not exist in this Code section.

Code Commission notes

Pursuant to Code Section 28-9-5, in 1992, a comma was inserted following ‘‘addresses’’ in subparagraph (a)(1)(C).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t33-ch23-65-(v25)-2020-pdf.pdf, Volume V25, 2020 edition, pages 983 to 984; merge action: carried; file SHA-256 1cdfeaa4b73e.