It is hereby determined that the commission of any of the
following acts or practices by any insurer, agent, counselor, solicitor or
broker transacting property, marine, casualty or surety insurance in Georgia
constitutes an unfair method of competition and an unfair and deceptive act or
practice prohibited by Article 1 of Chapter 6 of Title 33 of the Official Code
of Georgia Annotated and the same are hereby prohibited:
(1) Making, publishing, disseminating,
circulating or placing before the public or any group of persons in written,
printed, or any other form, including radio or televisions broadcasts, any
advertisement, announcement, solicitation, or statement pertaining to any form
of property, marine, casualty or surety insurance which appears to emanate
from, through or under the auspices of any trade, social, fraternal or
professional association or organization, creditor to persons severally
indebted, labor union, employee group, or other similar association,
organization, or group not authorized to transact the business of such form of
insurance in Georgia, where such advertisement, announcement, solicitation or
statement expressly or by implication represents, or can be reasonably
construed to mislead the recipient into believing, that any insurance premium
or policy coverage described therein constitutes a special or preferred
advantage to, or is only available to, such group or any of its members, when
such representation or implication is false or, if true, would constitute use
of a discriminatory rate or an offering to a fictitious group, prohibited by
law.
(2) Knowingly allowing any
other person to make, publish, disseminate, circulate or place before the
public or any group of persons any advertisement, announcement, solicitation or
statement prohibited by the preceding paragraph (1) hereof.
(3) The provisions of this Regulation shall
not extend to life, accident and sickness insurance, nor shall they apply to
any bona fide association group composed of members employed in a common trade,
business or profession, and which has had group insurance of the same type
continuously in existence for at least since January 1, 1956.
Notes
Ga. Comp. R.
& Regs. R.
120-2-20-.01
O.C.G.A. Secs.
33-2-9,
33-6-12.
Original Rule entitled
"Soliciting in General" adopted. F. June 5,
1972; eff. June 25,
1972.
Amended: ER. 120-2-20-0.19-.01 adopted. F. and eff.
February 20, 2006, the date of
adoption.
Amended: ER. 120-2-20-0.21-.01 adopted. F.
June 13, 2006; eff.
June 20, 2006, as specified by
the Agency.
Amended: Permanent Rule adopted. F.
Sept. 22, 2006; eff.
Oct. 12,
2006.
It was determined by the Comptroller General's office that
Chapter 120-2-20 had never been filed, therefore this note is being made to
substantiate the recent filing date.
In accordance with Ga. Laws 1967, p. 618; Ga. Code Ann.,
Section 3A-124, the contents of this Rule is not filed with or published by the
Secretary of State; only names and designations are filed, printed and
distributed. (See Editor's Note, p. 88.03.)