2020 Georgia Code
Title 33 - Insurance
Chapter 24 - Insurance Generally
Article 1 - General Provisions
§ 33-24-1. Definitions

As used in this chapter, the term:

1. "Policy" means the written contract of or written agreement for or effecting insurance. The term includes all clauses, riders, endorsements, and papers attached or issued and delivered for attachment to the contract or agreement and made a part of the contract or agreement.
2. "Premium" means the consideration for insurance, by whatever name called. Any assessment or any membership, policy, survey, inspection, service, or similar fee or charge in consideration for an insurance contract is deemed part of the premium. The term "premium" shall not include any amount deposited and held for the account of the insured which is returnable upon cancellation of the insurance contract and upon which no commission has been paid.
3. "Uniform Electronic Transactions Act" means Chapter 12 of Title 10.

(Code 1933, §§ 56-2402, 56-2403, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1995, p. 1011, § 3; Ga. L. 2014, p. 829, § 3/HB 645.)

- "Direct response insurance business" defined, § 33-24-52.

- Pursuant to Code Section 28-9-5, in 1995, the comma was deleted after the word "assessment" in the second sentence in paragraph (2).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Civil Code 1873, § 2794; former Civil Code 1895, § 2089; former Civil Code 1910, §§ 2404, 2470; and former Code 1933, §§ 56-213, 56-801, repealed by Ga. L. 1960, p. 289, enacting this title, are included in the annotations for this Code section.

- Issuance of an endorsement which designates an additional automobile to be covered by automobile liability insurance under the provisions of a policy previously issued effects insurance with respect to the additional automobile and therefore constitutes the issuance of a policy within the meaning of the terms of former Code 1933, § 56-407A (see O.C.G.A. § 33-7-11). Gulf Am. Fire & Cas. Co. v. McNeal, 115 Ga. App. 286, 154 S.E.2d 411 (1967).

Contract of insurance, to be binding, must be in writing. Hartford Fire Ins. Co. v. Garrett, 60 Ga. App. 816, 5 S.E.2d 276 (1939) (decided under former Code 1933, § 56-213).

Contracts of insurance must be in writing. Underwriters' Agency v. Seabrook, 49 Ga. 563 (1873) (decided under former Civil Code 1973, § 2794).

Law of this state expressly requires a contract of fire insurance to be in writing, and such contract is not valid unless the contract is in writing. Athens Mut. Ins. Co. v. Evans, 132 Ga. 703, 64 S.E. 993 (1909), later appeal, 136 Ga. 584, 71 S.E. 892 (1911); Sparks v. National Union Fire Ins. Co., 23 Ga. App. 38, 97 S.E. 462 (1918) (decided under former Civil Code 1910, §§ 2404, 2470).

If a fidelity insurance business is carried on by a domestic company, its policies must be in writing. Nowell v. Mayor of Monroe, 177 Ga. 648, 171 S.E. 136, answer conformed to, 47 Ga. App. 665, 171 S.E. 143 (1933) (decided under former Civil Code 1910, § 2470).

When the insurer is a resident or nonresident corporation, a contract of fidelity insurance must be in writing, under the laws of this state. Nowell v. Mayor of Monroe, 177 Ga. 648, 171 S.E. 136, answer conformed to, 47 Ga. App. 665, 171 S.E. 143 (1933) (decided under former Civil Code 1910, § 2470).

- Rule that a policy of insurance shall be in writing and signed by the insurer applies to contracts issued upon a cash basis as well as to those issued upon a credit basis, if such there may be. Nowell v. Mayor of Monroe, 177 Ga. 648, 171 S.E. 136, answer conformed to, 47 Ga. App. 665, 171 S.E. 143 (1933) (decided under former Civil Code 1910, § 2470).

- As the law of this state requires that a contract for fire insurance shall be in writing, such a contract cannot be made partly in writing and partly in parol. Athens Mut. Ins. Co. v. Evans, 132 Ga. 703, 64 S.E. 993 (1909), later appeal, 136 Ga. 584, 71 S.E. 892 (1911); Sparks v. National Union Fire Ins. Co., 23 Ga. App. 38, 97 S.E. 462 (1918) (decided under former Civil Code 1910, §§ 2404, 2470).

Contract of insurance cannot be partly in writing and partly in parol. Hartford Fire Ins. Co. v. Garrett, 60 Ga. App. 816, 5 S.E.2d 276 (1939) (decided under former Code 1933, § 56-213).

Contracts for insurance must be in writing and may not be partially parol. Atlanta Metro Taxicab Group, Inc. v. Bekele, 154 Ga. App. 831, 269 S.E.2d 902 (1980).

- Statement of the agent and an alleged contract, which is oral in nature, cannot and does not operate to affect, modify, or change a written certificate of insurance and enrollment-record card as to the effective date of the coverage. Federated Mut. Implement & Hdwe. Ins. Co. v. Barker, 123 Ga. App. 259, 180 S.E.2d 559 (1971).

- As an assignment of an insurance policy with the assent of the company is a new contract of insurance between the company and the assignee, the contract must be in writing. St. Paul Fire & Marine Ins. Co. v. Brunswick Grocery Co., 113 Ga. 786, 39 S.E. 483 (1901) (decided under former Civil Code 1895, § 2089).

To vest the legal title to a policy of life insurance in an assignee, it is essential that the assignment should be in writing. Steele v. Gatlin, 115 Ga. 929, 42 S.E. 253 (1902); Sprouse v. Skinner, 155 Ga. 119, 116 S.E. 606 (1923) (decided under former Civil Code 1910, § 2470).

Action cannot be maintained upon a parol renewal of an insurance policy. Nowell v. Mayor of Monroe, 117 Ga. 648, 171 S.E. 136, answer conformed to, 47 Ga. App. 665, 171 S.E. 143 (1933) (decided under former Civil Code 1910, § 2470).

- Action on a parol renewal of an insurance policy is demurrable (now subject to motion to dismiss). Roberts v. Germania Fire Ins. Co., 71 Ga. 478 (1883) (decided under former Civil Code 1873, § 2794).

- Agreement to alter a contract of fire insurance must be in writing. Simonton, Jones & Hatcher v. Liverpool, London & Globe Ins. Co., 51 Ga. 76 (1874) (decided under former Civil Code 1873, § 2794); Mitchell v. Universal Life Ins. Co., 54 Ga. 289 (1875); Augusta S.R.R. v. Smith & Kilby Co., 106 Ga. 864, 33 S.E. 28 (1899) (decided under former Civil Code 1873, § 2794); Lippman v. Aetna Ins. Co., 108 Ga. 391, 33 S.E. 897, 75 Am. St. R. 62 (1899); Roberts v. Germania Fire Ins. Co., 71 Ga. 478 (1883) (decided under former Civil Code 1873, § 2794);(decided under former Civil Code 1873, § 2794);(decided under former Civil Code 1895, § 2089).

- Because the insurance coverage for the vehicle the claimant was driving at the time of the accident was intended to be part of the original policy, did not constitute a new policy, and was simply added to the existing automobile coverage, the insurer was not required to notify the insured of the change in the law or to secure a separate uninsured motorist election at the time the vehicle was added to the policy. Soufi v. Haygood, 282 Ga. App. 593, 639 S.E.2d 395 (2006).

- Contract for life insurance, as expressed in the policy issued by a company to an individual, may be supplemented by a subsequent contract between the parties, expressed in a promissory note given by the insured to the insurer for a premium on the policy and providing for a termination of all rights under the policy for nonpayment of the note, although the policy contains no such provision. State Life Ins. Co. v. Tyler, 147 Ga. 287, 93 S.E. 415, answers conformed to, 21 Ga. App. 80, 94 S.E. 59 (1917) (decided under former Civil Code 1910, § 2470).

- Complete absence or insufficiency of reference in the policy proper to the attached paper, or vice versa, so that there can be no certainty that the parties intended the attached paper to become a part of the whole contract of insurance, precludes the attachments' inclusion or construction in connection with the policy. Georgia Int'l Life Ins. Co. v. King, 120 Ga. App. 682, 172 S.E.2d 167 (1969).

- Standard form homeowners insurance policies covered diminished value when loss was not otherwise defined and an endorsement providing that loss did not include diminution in value was ineffective as to renewal policies absent a notice informing policyholders that coverage for diminished value was not renewed. Consistent with O.C.G.A. § 33-24-1, the endorsement was a part of the policy. Thompson v. State Farm Fire & Cas. Co., 264 F. Supp. 3d 1302 (M.D. Ga. 2017).

Condition and stipulations printed on the back of a fire insurance policy and not mentioned or referred to on the face of the policy are not part of the policy or binding on the assured. Smyly v. Globe & Rutgers Fire Ins. Co., 28 Ga. App. 776, 113 S.E. 220 (1922), rev'd on other grounds, 155 Ga. 547, 117 S.E. 819, former judgment vacated, 30 Ga. App. 620, 118 S.E. 766 (1923) (decided under former Civil Code 1910, § 2470).

- It is not essential to the validity of a policy of fire insurance, issued in renewal of one previously taken out by the insured, that the insured should pay in cash the renewal premium, provided the agent of the company, with the company's express or implied assent, pays or undertakes to become responsible to the company for such premium, in order that credit may be extended to the insured. Mechanics & Traders Ins. Co. v. Mutual Real Estate & Bldg. Ass'n, 98 Ga. 262, 25 S.E. 457 (1896) (decided under former Civil Code 1895, § 2089); Fireman's Fund Ins. Co. v. Pekor, 106 Ga. 1, 31 S.E. 779 (1898);(decided under former Civil Code 1895, § 2089).

- Although a person who owned a taxi and claimed that the taxi was insured did not produce a written insurance policy, there was evidence that the owner had an oral agreement with an insurance company and paid premiums to the company, and that evidence supported a jury's findings that the taxi was insured by the company and that the company exercised bad faith when the company refused to settle an injured party's claim against the owner. VFH Captive Ins. Co. v. Cielinski, 260 Ga. App. 807, 581 S.E.2d 335 (2003).

Cited in Andrews v. Georgia Mut. Ins. Co., 110 Ga. App. 92, 137 S.E.2d 746 (1964); Brown v. Five Points Parking Ctr., 121 Ga. App. 819, 175 S.E.2d 901 (1970); Hawkins Iron & Metal Co. v. Continental Ins. Co., 128 Ga. App. 462, 196 S.E.2d 903 (1973); National Indemn. Co. v. Berry, 136 Ga. App. 545, 221 S.E.2d 624 (1975); Dunham v. Grange Mut. Cas. Co., 176 Ga. App. 263, 335 S.E.2d 666 (1985); Stryker v. City of Atlanta, 738 F. Supp. 1423 (N.D. Ga. 1990).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, §§ 56-2402 and 56-2410 are included in the annotations for this Code section.

- Resolution by the board of directors of a life insurance company delivered to the assured along with the policy of insurance constitutes a rider to and basic part of the policy and must be filed with the Commissioner of the Insurance Department and approved by the Commissioner before being issued by an insurance company, as is required by former Code 1933, § 56-2410 (see O.C.G.A. § 33-24-9(a)). 1963-65 Op. Att'y Gen. p. 304(decided under former Civil Code 1933, §§ 56-2402 and 56-2410).

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, § 1 et seq.

- 44 C.J.S., Insurance, § 1 et seq. 45 C.J.S., Insurance, § 650 et seq.

- Insurance: provision against change in interest, title, or possession as affected by a deed or other instrument which was merely colorable or not delivered, 7 A.L.R. 1608.

Insurance: including tax in assessment or premium, 12 A.L.R. 765.

Oral contracts of insurance, 15 A.L.R. 995; 69 A.L.R. 559; 92 A.L.R. 232.

Date from which life insurance premium periods are to be computed, 80 A.L.R. 957; 111 A.L.R. 1420; 169 A.L.R. 290.

When payment of insurance premiums or assessments deemed involuntary so as to permit their recovery back, 86 A.L.R. 388.

Noncompliance with statutory requirement that insurance policy contain entire contract, or that application be attached incorporated in, endorsed upon, or delivered with, the policy as affecting right of insurer to show initial fraud or misrepresentation by insured, 93 A.L.R. 374.

Acceptance by insurance agent of something other than money or insured's money obligation in payment of premium, 93 A.L.R. 654.

Unsigned riders or slips physically attached to policy, or unsigned endorsements on policy, as part of insurance contract, 128 A.L.R. 1034.

Liability of policyholders in mutual insurance companies to assessments, 137 A.L.R. 945.

Necessity of specific allegation of consideration in action upon insurance policy, 153 A.L.R. 1406.

Effect of stamped or printed matter outside of body of insurance policy, 168 A.L.R. 555.

Consideration for rider, endorsement, or other modification of insurance policy to change risks covered, 52 A.L.R.2d 826.

Construction of insurance agency or brokerage contract dealing with computation of commissions on renewal premiums, 78 A.L.R.2d 760.

Insurance: sufficiency of insurer's compliance with statutory requisites as to attaching copy of application to, or making it part of policy, 18 A.L.R.3d 760.