(1) Insurers may offer other optional
coverage as set forth in O.C.G.A. §
33-34-3.1(b)
provided that the optional coverage provided
for in this paragraph shall not be referenced in a way that is ambiguous,
misleading, or could be easily confused with other optional coverages. Medical
payments coverage should be offered at a limit of at least $2,000. Insurers
shall not be prohibited from offering medical payment limits in addition to, or
less than, those specified herein. Insurers shall be required to file rates and
rating plans on such additional optional coverages with the Commissioner for
such approval as required by law.
(2) As of January 15, 2008 for new business
and April 1, 2008 for any policy of insurance renewal, and that policy includes
uninsured motorist coverage as defined in O.C.G.A. §
33-7-11, a Notice must be given to
the insured that contains the following language:
"If you have chosen to accept Uninsured Motorists coverage
from your automobile insurance company, and have any questions after reading
this statement regarding Uninsured Motorists coverage or the amount of coverage
you have selected, your agent or company representative will be able to assist
you. You should have chosen the amount of Uninsured Motorists coverage you want
based on this question: If I get hit by someone with little or no liability
insurance, how much protection do I need to cover the cost associated with car
repair, medical bills, other expenses, and lost wages? If the person who hits
your automobile has no liability coverage or liability coverage equal to or
less than the Uninsured Motorists amount you chose, your total automobile
insurance recovery (from all companies involved) may not exceed the amount of
Uninsured Motorists coverage you chose.
The purpose of this notice is informational. This notice does
not change or replace the wording in your policy."
(3) Notice shall be provided to all
applicants as provided below:
(a) If at the
time of application, the applicant is physically present, written and signed
confirmation that notice was provided shall be maintained by the
insurer;
(b) If the application is
taken over the phone or by other electronic means, this notice shall be mailed
to the insured and/or made available by other electronic means for the
applicant's physical or electronic signature. Such confirmation shall be
maintained by the insurer; or
(c)
At or prior to renewal. Signatures are not required on renewals.
Notes
Ga. Comp. R.
& Regs. R.
120-2-28-.06
O.C.G.A. Secs.
33-2-9,
33-6-4,
33-7-11,
33-34-1et seq.,
33-34-11.
Original Rule entitled
"Minimum Optional Coverage Required to Be Offered" adopted as ER.
120-2-28-0.2-.06. F. and eff. December 20,
1974.
Amended: Permanent Rule of same title adopted. F.
Jan. 16, 1975; eff.
Feb. 5, 1975.
Repealed: New Rule entitled "Optional Coverages
Required to Be Made Available" adopted. F. Oct. 28,
1983; eff. Dec. 1,
1983, as specified by the Agency.
Repealed: New Rule of same title adopted. F.
Sept. 4, 1990; eff.
Oct. 1, 1990, as specified by
the Agency.
Repealed: New Rule entitled "Optional Coverage"
adopted. F. Nov. 25, 1996; eff.
Dec. 15, 1996.
Repealed: New Rule of same title adopted. F.
Apr. 14, 1998; eff.
May 4, 1998.
Repealed: New Rule of same title adopted. F.
Dec. 7, 2007; eff.
Dec. 27,
2007.