Rule 120-2-103-.07 - Prohibited Practices(1) No person, wherever located, shall demand or request the issuance of a certificate of insurance from an insurer, insurance producer, or policyholder that contains any false or misleading information, or which purports to affirmatively or negatively amend, extend, modify or alter in any way the coverage or any other term or condition concerning the policy of insurance to which the certificate makes reference. A certificate of insurance shall not confer to a certificate holder new or additional rights beyond what the referenced policy expressly provides.(2) No certificate of insurance shall contain references to or language from a construction or service contract, other than that referenced in the contract of insurance. The certificate may contain a reference or contract number from the construction or service contract for identification purposes only. This may include but not be limited to project number, project name, project description or a general description of work to be performed. Nothing in the certificate can refer to any language or contents in the construction or service contracts.(3) Neither an insurer nor a producer shall be required to issue an opinion letter or other document in addition to or in lieu of a certificate of insurance. If any opinion letter or other such document is issued, however, it must meet the provisions of this regulation and Code Section 33-24-19.1. Insurers and producers may provide the certificate holder with the certificate and an actual copy of the policy, insurance binder or relevant policy provision to demonstrate contractual compliance.Ga. Comp. R. & Regs. R. 120-2-103-.07
O.C.G.A. § 33-2-9 and 33-24-19.1(b).
Original Rule entitled "Prohibited Practices" adopted. F. May 6, 2013; eff. May 26, 2013.Note: Correction of typographical error in paragraph (1) as submitted by the Agency on August 14, 2017, partial sentence ("No person, wherever located, shall demand or request the issuance of a certificate of") deleted and paragraph (1) in its entirety added as originally filed. Effective August 14, 2017.