HB 733: Georgia Insurance Consumer and Policyholder Advocacy Act; enact

Georgia currently lets insurers file many rate changes, including for private passenger auto insurance, that take effect automatically after a waiting period without the Commissioner of Insurance's approval. This bill would eliminate that automatic 'file-and-use' path for auto insurance and require the Commissioner to actively approve or disapprove nearly all rate filings within a set time. The bill also creates a new insurance consumer advocate, a Governor-appointed attorney housed at the Department of Insurance but acting independently, who would represent consumers and policyholders in rate hearings, investigate complaints, and publish an annual report. Insurers proposing rate increases would have to submit detailed actuarial justification, and any filing that raises rates 10 percent or more within a year would trigger an extra examination and public posting on the department's website. The changes would take effect July 1, 2026, and apply to policies issued or renewed on or after that date.

• Creates the position of insurance consumer advocate, a Governor-appointed attorney who represents consumers and policyholders in rate hearings and administrative proceedings.
• Eliminates the current file-and-use system that lets many private passenger auto insurance rate changes take effect automatically without the Commissioner's approval.
• Requires insurers proposing rate increases to submit detailed actuarial reports, expense breakdowns, and five years of past rate history to the Commissioner and the advocate.
• Adds a rule that no rate can be 'unjustifiably increased' and triggers extra review for any rate hike of 10 percent or more within a 12-month period.
• Requires the department to post approved rate increases prominently on its website in at least 12-point font, along with the company's name and justification.
• Extends the Commissioner's rate-filing review window from 45 to 60 days and lets the advocate request hearings and pursue administrative appeals through the Office of State Administrative Hearings.

Insurance consumers and policyholders across Georgia, insurance companies licensed to sell auto and other coverage in the state, the Department of Insurance and Commissioner of Insurance, the Governor's office (which appoints the advocate), and legislative insurance committees that receive the advocate's annual reports.

Georgians buying auto, home, health, or other insurance would gain a dedicated advocate to challenge rate hikes and investigate complaints, and insurers would face slower, more document-heavy approval for rate increases, particularly for auto insurance, which currently can take effect without state sign-off.

• Section 3 adds definitions for 'insurance consumer,' 'insurance consumer advocate,' and 'policyholder' to Georgia's insurance code (O.C.G.A. § 33-1-2).
• Section 4 establishes the advocate position under new Code Section 33-2-4, describing appointment by the Governor, duties, hearing rights, and a required annual report starting January 31, 2027.
• Section 6 gives the advocate formal party status in Commissioner-led hearings, including the right to subpoena witnesses and evidence.
• Section 9 rewrites rate-making standards (O.C.G.A. § 33-9-4) to bar 'unjustifiably increased' rates and flag any 10 percent or greater annual increase for extra review.
• Section 10 removes the automatic file-and-use approval track for private passenger auto insurance and extends the Commissioner's review period from 45 to 60 days, requiring insurers to submit actuarial justification for increases.
• Section 11 requires the Commissioner to approve rate increases only if backed by 'clear and compelling data' and mandates public posting of approved increases on the department's home page.
• Section 12 lets the advocate independently investigate and review rate practices and request hearings on suspected violations.
• 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 (Cámara de Representantes)
2. 2025-03-11House Second Readers (Cámara de Representantes)
3. 2025-03-10House First Readers (Cámara de Representantes)
4. 2025-03-06House Hopper (Cámara de Representantes)

• Tanya Miller (D, HD-062)Patrocinador principal
• 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
• auto insurance regulation
• Department of Insurance
• policyholder rights