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Which rate-filing approach does O.C.G.A. § 33-9-21 apply to commercial property and casualty insurance lines in Georgia?

APrior approval by the Commissioner
BState-made rates
Filed 45 days before use
DNo filing required

Why this is the answer

Under O.C.G.A. § 33-9-21(d), an insurer must file every rate, rating plan, rating system, or underwriting rule for insurance other than personal private passenger auto at least 45 days before its indicated effective date, and the rate cannot take effect or be charged until the filing has been with the Commissioner for 45 days. Commercial property and casualty lines therefore use a 45-day advance filing rather than prior approval or file-and-use. If a filing produces an overall increase of 10 percent or more within 12 months, § 33-9-21(e) requires an examination of the insurer's claim reserves. Workers' compensation insurers must also make their own individual rate filings under § 33-9-21(a)(2). The § 33-9-4 standards apply to every rate.

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