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P&CGeorgiaeasy

Under O.C.G.A. § 33-9-21, what rate filing method does Georgia apply to private passenger auto policies that provide only the mandatory minimum limits?

AFile-and-use with no prior review
BUse-and-file within 30 days
COpen competition with no filing required
Approval or 45 days with no disapproval

Why this is the answer

O.C.G.A. § 33-9-21(b) treats personal private passenger auto in two tiers. For a policy that provides only the mandatory minimum limits, no rate or rule may take effect, and no premium may be collected under it, until the Commissioner approves the filing or 45 days pass without disapproval (the Commissioner may extend that period by up to 55 days). That is prior approval with a deemer. For auto policies with limits above the minimums, or minimum-limits policies with any added optional coverage, the rate takes effect 60 days after filing without the Commissioner's approval, unless the Commissioner authorizes an earlier date or the insurer specifies a later one (§ 33-9-21(b)(2), as amended in 2023). All other lines, including homeowners and commercial lines, must be filed at least 45 days before their effective date under § 33-9-21(d).

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