2020 Georgia Code
Title 33 - Insurance
Chapter 2 - Department and Commissioner
§ 33-2-26. Persons Entitled to Appeal; Procedure Generally

An appeal from the Commissioner shall be taken only from an order on hearing or with respect to a matter as to which the Commissioner has refused or failed to grant or hold a hearing after demand therefor under Code Section 33-2-17 or as to a matter as to which the Commissioner has refused or failed to make his order on hearing as required by Code Section 33-2-23. Any person who was a party to the hearing or whose pecuniary interests are directly and immediately affected by the refusal or failure to grant a hearing and who is aggrieved by the order, refusal, or failure may appeal from the order on hearing or as to any such matter within 30 days after:

1. The order on hearing has been mailed or delivered to the persons entitled to receive the same;
2. The Commissioner's order denying rehearing or reargument has been so mailed or delivered;
3. The Commissioner has refused or failed to make his order on hearing as required under Code Section 33-2-23; or
4. The Commissioner has refused or failed to grant or hold a hearing as required under Code Section 33-2-17.

(Code 1933, § 56-225, enacted by Ga. L. 1960, p. 289, § 1.)

- Judicial review of contested cases before administrative agencies generally, § 50-13-19.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, Chs. 56-20 and 56-21, repealed by Ga. L. 1960, p. 289, which, as amended, enacted this title, are included in the annotations for this Code section.

Authorized rating organizations have the right to seek equitable relief in their own right as well as in their representative capacities for the insurers which are members of the various associations. Cravey v. Southeastern Underwriter's Ass'n, 214 Ga. 450, 105 S.E.2d 497 (1958).

While the statutes do not expressly confer under rating bureaus the power to sue and be sued generally, since they do empower them to appeal from orders and decisions of the Commissioner after the proper administrative procedures have been taken, under a proper construction of these statutes authorized rating organizations are legal entities and have the necessary standing to seek to enjoin an alleged invalid order or decision of the Commissioner, provided, of course, that all prerequisites for such relief are established. Cravey v. Southeastern Underwriter's Ass'n, 214 Ga. 450, 105 S.E.2d 497 (1958).

- Authorized rating organizations, having made substantial allegations showing that an invalid order issued by the Insurance Commissioner would work great hardship on them, causing irreparable injury to their business and property rights, and being without an adequate remedy at law, were entitled to equitable relief. Cravey v. Southeastern Underwriter's Ass'n, 214 Ga. 450, 105 S.E.2d 497 (1958). See also Cravey v. General Accident Fire & Life Ins. Co., 214 Ga. 460, 105 S.E.2d 504 (1958).

- Authorized rating organizations are not required to seek administrative review of a rate suspension order, alleged to be void for want of authority in the Commissioner to issue it, before resorting to the courts. Cravey v. Southeastern Underwriter's Ass'n, 214 Ga. 450, 105 S.E.2d 497 (1958). See also Cravey v. General Accident Fire & Life Ins. Co., 214 Ga. 460, 105 S.E.2d 504 (1958).

- The orders encompassed by O.C.G.A. § 33-2-26 include hearings to determine the propriety of plans of conversion set forth in O.C.G.A. § 33-20-34. Blue Cross & Blue Shield of Ga., Inc. v. Deal, 244 Ga. App. 700, 536 S.E.2d 590 (2000).

Cited in First Union Nat'l Bank v. Independent Ins. Agents of Ga., Inc., 197 Ga. App. 227, 398 S.E.2d 254 (1990).

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, § 32.

- 44 C.J.S., Insurance, § 70 et seq.