An insurer files a rate increase for minimum-limits private passenger auto coverage in Georgia. The Commissioner finds the proposed rate does not meet the § 33-9-4 standards. Under O.C.G.A. § 33-9-21, what must the Commissioner do?
Why this is the answer
For minimum-limits private passenger auto, O.C.G.A. § 33-9-21(b)(1) is a prior-approval regime: the rate cannot take effect until the Commissioner approves it or 45 days (extendable by up to 55 days) pass without disapproval. If the Commissioner finds the filing does not meet the chapter's standards — rates must not be excessive, inadequate, or unfairly discriminatory under § 33-9-4 — the Commissioner must give notice of a disapproval order within 100 days of receipt, specifying in what respects the filing fails. The insurer may request a hearing within 30 days, where it bears the burden of showing the rates meet the standards. If a filing simply lacks supporting data, § 33-9-21(c) has the Commissioner request the missing information within 20 days, and the 45-day period restarts when it is furnished.
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