2020 Georgia Code
Title 33 - Insurance
Chapter 32 - Property Insurance
§ 33-32-1. Standard Fire Policy

1. No policy of fire insurance covering property located in this state shall be made, issued, or delivered unless it conforms as to all provisions and the sequence of the standard or uniform form prescribed by the Commissioner, except that, with regard to multiple line coverage providing other kinds of insurance combined with fire insurance, this Code section shall not apply if the policy contains, with respect to the fire portion of the policy, language at least as favorable to the insured as the applicable portions of the standard fire policy and such multiple line policy has been approved by the Commissioner.
2. The Commissioner shall file and maintain on file in his office a true copy of the standard fire policy designated as such and bearing the Commissioner's authenticating certificate and signature and the date of filing. The standard fire insurance policy shall not be required for casualty insurance, marine and transportation insurance, or insurance on growing crops. Insurers issuing the standard fire insurance policy are authorized to affix to or include in such policy a written statement that the policy does not cover loss or damage caused by nuclear reaction or nuclear radiation or radioactive contamination, whether directly or indirectly resulting from an insured peril under the policy; provided, however, that nothing contained in this Code section shall be construed to prohibit the attachment to any such policy of an endorsement or endorsements specifically assuming loss or damage caused by nuclear reaction or nuclear radiation or radioactive contamination.

(Code 1933, § 56-3201, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1982, p. 3, § 33.)

- For annual survey on insurance, see 65 Mercer L. Rev. 135 (2013).

JUDICIAL DECISIONS

Obligations on coinsured.

- Clear mandate of subsection (a) of O.C.G.A. § 33-32-1 requires that the language of Fireman's Fund's insurance policy be as favorable to the insured as the language in the standard fire policy; the use of "the insured" in the fraud provision standard fire policy must be construed to provide several obligations as to each coinsured, therefore, the minimum coverage allowed in Georgia creates several obligations as to each coinsured and Fireman's Fund's insurance contract must be reformed to conform with the minimum coverage provided in the standard fire policy. Fireman's Fund Ins. Co. v. Dean, 212 Ga. App. 262, 441 S.E.2d 436 (1994).

- In an insurer's declaratory judgment action involving the insurer's obligations under a parent's property insurance policy, the insurer was properly granted summary judgment as to a child's claim since that claim was filed past the one year time limit set forth in the policy, which was a policy renewed in 2004. The child's counterclaim was filed 18 months after the declaratory judgment suit was filed and no waiver of the one year time limit was established. Morrill v. Cotton States Mut. Ins. Co., 293 Ga. App. 259, 666 S.E.2d 582 (2008).

- Parties' intent was that the policy's statute of limitations provision be amended to conform to the Standard Fire Policy two-year statute of limitations provision and the conformed policy language clearly complied with O.C.G.A. § 33-32-1(a)'s requirement that the policy be at least as favorable to the insured as the standard fire policy. Jenkins v. Allstate Prop. & Cas. Ins. Co., F.3d (11th Cir. Dec. 13, 2011)(Unpublished).

- Multiple-line insurance policy providing first-party insurance coverage for theft-related property damage had to be reformed to conform with the two-year limitation period provided for in Georgia's Standard Fire Policy, Ga. Comp. R. & Regs. 120-2-19-.01, because the Georgia Insurance Commissioner exceeded the commissioner's legal authority under O.C.G.A. § 33-32-1(a) when the commissioner promulgated Ga. Comp. R. & Regs. 120-2-20-.02. White v. State Farm Fire & Casualty Co., 291 Ga. 306, 728 S.E.2d 685 (2012).

- Trial court properly found no irregularity, palpable mistake of law, or fraud with regard to the appraisal awards in the homeowners' favor giving the homeowners less than the maximum amount of coverage set forth in the homeowners' policy following a fire at the residence because there existed no support for the contention that the umpire was required to itemize the homeowners' damaged personal property as the language of O.C.G.A. § 33-32-1, with regard to the standard fire policy, concerning what the umpire must do simply did not explicitly place such a duty on the umpire as the statute did on the insureds. Bell v. Liberty Mut. Fire Ins. Co., 319 Ga. App. 302, 734 S.E.2d 894 (2012).

- Court of Appeals will take judicial notice of uniform mandatory form of fire insurance policies as prescribed by the Commissioner of Insurance. Farm Bureau Mut. Ins. Co. v. Bennett, 114 Ga. App. 623, 152 S.E.2d 609 (1966).

Cited in Andrews v. Georgia Mut. Ins. Co., 110 Ga. App. 92, 137 S.E.2d 746 (1964); Darnell v. Fireman's Fund Ins. Co., 115 Ga. App. 367, 154 S.E.2d 741 (1967); U.S. Fid. & Guar. Co. v. Barnes, 120 Ga. App. 593, 171 S.E.2d 632 (1969); Townley v. Patterson, 139 Ga. App. 249, 228 S.E.2d 164 (1976); Brookins v. State Farm Fire & Cas. Co., 529 F. Supp. 386 (S.D. Ga. 1982).

OPINIONS OF THE ATTORNEY GENERAL

Properly licensed foreign insurer may insure nuclear energy installations.

- Foreign insurance company licensed in this state to write fire and allied lines of insurance (property insurance) and miscellaneous casualty insurance may write insurance "against the perils of radioactive contamination and all other perils causing physical loss to nuclear energy installations and facilities, including consequential loss," provided the company is authorized to write such coverage by the laws of the state of the company's domicile. 1958-59 Op. Att'y Gen. p. 199.

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, § 79 et seq.

Fire Insurer's Bad Faith in Responding to Claim by Insured, 49 POF2d 1.

Arson Defense to Coverage Under Property Insurance, 34 POF3d 291.

- 44 C.J.S., Insurance, § 486 et seq.

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

Insurance: what amounts to gross negligence, or recklessness which will relieve fire insurer from liability, 10 A.L.R. 728.

Liability of property insurer as affected by explosion, 13 A.L.R. 883; 65 A.L.R. 934.

Insurance against damage to automobile by fire, 14 A.L.R. 199; 35 A.L.R. 1471.

Rule precluding recovery for fire due to voluntary or wrongful act of insured as applicable to conduct not intended to cause fire, 37 A.L.R. 437.

Sufficiency of bookkeeping to satisfy conditions of insurance policy, 39 A.L.R. 1443; 62 A.L.R. 630; 125 A.L.R. 350.

Conditions causing damage by sprinkler system as constituting a fire within insurance policy, 49 A.L.R. 406.

Reacquisition or extinguishment of title or interest as affecting provision in fire insurance policy against change of title, interest, or possession, or against encumbrance, 52 A.L.R. 843.

Liability of mortgagee under mortgage clause for insurance premiums, 56 A.L.R. 679; 83 A.L.R. 105.

Insurance: effect of provision declaring loss in case of mortgagee's interest subject to the terms and conditions of the policy, 56 A.L.R. 850.

Provision of fire insurance policy terminating insurance upon fall of building except as result of fire, 56 A.L.R. 1068.

Belated compliance with requirement of insurance policy as to books and inventory, 56 A.L.R. 1086.

Claim under contract of property insurance as assignable after loss, 56 A.L.R. 1391.

Fumigating premises as violation of fire insurance policy, 57 A.L.R. 948.

Right of owner to sue on fire or marine policy taken out by warehouseman, bailee, or carrier, 61 A.L.R. 720.

Procuring of insurance by holder of mortgage or deed of trust as violation of provision in mortgagor's policy against additional insurance, 66 A.L.R. 1173.

Prorating provision as applying to mortgagee, 72 A.L.R. 278.

Union or standard mortgage clause as relieving mortgagee of mortgagor's breach of conditions at inception of policy or before mortgage clause attached, 97 A.L.R. 1165.

Liability of one on whose property accidental fire originates for damages from spread thereof, 111 A.L.R. 1140; 17 A.L.R.5th 547.

Requirement of "iron safe clause" as regards character or condition of receptacle and as to closing and locking it, 114 A.L.R. 584.

Independent contract theory or creditor-beneficiary theory as regards status of mortgagee under mortgage clause in policy fire insurance, 124 A.L.R. 1034.

Provision in fire insurance policy against other insurance as applied to property owned jointly or by cotenants, 143 A.L.R. 425.

Sale of land with reservation of insured building as violation of provisions of insurance policy, 173 A.L.R. 1207.

What constitute additions to or extension of buildings, within purview of insurance policies upon buildings and such additions, 19 A.L.R.2d 606.

Keeping or placing of gasoline, kerosene, or similar inflammable substances on premises as increase of hazard avoiding fire insurance policy, 26 A.L.R.2d 809.

Casual or temporary repairs, and the like, as constituting increase of hazard so as to avoid fire or other property damage insurance, 28 A.L.R.2d 757.

Coverage of clause of fire policy insuring against explosion, 28 A.L.R.2d 995.

Insurance: waiver of, or estoppel to assert, iron safe clause, 33 A.L.R.2d 615.

Applicability of "increase of hazard" clause in fire insurance policy to conditions occurring accidentally, 34 A.L.R.2d 717.

Insured's discontinued breach of warranty relating to use or keeping of prohibited articles as barring recovery on fire policy, 44 A.L.R.2d 1048.

Vacancy or unoccupancy within fire insurance policy which covers several buildings only some of which are or become vacant or unoccupied, 51 A.L.R.2d 1366.

Applicability of fraud and false swearing clause of fire insurance policy to testimony given at trial, 64 A.L.R.2d 962.

Fire policy on contents or the like as covering property of insured's customers or bailors, 67 A.L.R.2d 1241.

Damage to insured articles by fire-fighting efforts as within courage of fire insurance policy, 76 A.L.R.2d 1137.

Insurer's liability as affected by refusal of public authorities to permit reconstruction or repair after fire, 90 A.L.R.2d 790.

Time period for bringing action on standard form fire insurance policy provided for by statute, as running from time of fire (when loss occurs) or from time loss is payable, 95 A.L.R.2d 1023.

Fire insurance: failure to disclose prior fires affecting insured's property as ground of avoidance, 100 A.L.R.2d 1358.

Insured's failure to inform insurer of pending condemnation proceedings as concealment or fraud within provision of fire policy, 9 A.L.R.3d 1411.

Loss by heat, smoke, or soot without external ignition as within standard fire insurance policy, 17 A.L.R.3d 1155.

Determination of amount payable on loss to growing crop under policy insuring against loss or injury, 20 A.L.R.3d 924.

Fire insurance on corporate property as affected by its intentional destruction by a corporate officer, employee, or stockholder, 37 A.L.R.3d 1385.

Property insurance: construction and effect of provision excluding loss caused by earth movement or earthquake, 44 A.L.R.3d 1316.

What constitutes "vacant or unoccupied" dwelling within exclusionary provision of fire insurance policy, 47 A.L.R.3d 398.

Insured's right to recover from insurer prejudgment interest on amount of fire loss, 5 A.L.R.4th 126.

What constitutes "other insurance" within meaning of insurance policy provisions prohibiting insured from obtaining other insurance on same property, 7 A.L.R.4th 494.

Fire insurance: failure to disclose prior fires affecting insured's property as ground for avoidance of policy, 4 A.L.R.5th 117.

Coverage under all-risk insurance, 30 A.L.R.5th 170.

Property damage insurance: what constitutes "contamination" within policy clause excluding coverage, 90 A.L.R.6th 635.

Handling Fire Claims Out of Court, 57 Am. Jur. Trials 155.

Actions on Fire Insurance Policies, 10 Am. Jur. Trials 301.