Rule 120-2-66-.03 - Prohibited Practices(1) No insurer, broker or agent shall use underwriting criteria or guidelines to determine an applicant's or insured's acceptability for policy issuance or continuation of coverage which result in the fictitious grouping of risks and result in unfair discrimination.(2) An insurer, broker or agent engages in the grouping of risks when a determination is made concerning an applicant's or insured's acceptability for policy issuance or continuation thereof based upon, but not limited to, any of the following: (a) Marital status of the applicant, insured or anyone residing in the applicant's or insured's household;(b) The applicant's or insured's length of time at an address;(c) Employment status or lawful occupation of the applicant or insured, including the length of time employed with present employer;(d) Level of education of the applicant or insured;(e) Failure of applicant or insured to agree to purchase an additional policy which is not requested by the insured or applicant;(f) Age of dwelling without proper consideration of updated mechanical and structural systems;(g) The individual's status as a member of the United States Armed Forces, the Reserves of the United States Armed Forces or the National Guard. Nothing herein shall prohibit the use and enforcement of a war exclusion clause if included in the policy at time of issuance.(3) Any grouping specified in the foregoing subparagraph (2) is fictitious and results in unfair discrimination if:(a) it is: 1. not actuarially supported;2. not relevant to risk; and3. not based on a reasonable consideration allowed under O.C.G.A. § 33-9-4(7); or(b) it is based in whole or in part, directly or indirectly, upon race, creed or ethnic extraction.Ga. Comp. R. & Regs. R. 120-2-66-.03
O.C.G.A. Secs. 33-2-9, 33-6-4, 33-6-5, 33-24-46.
Original Rule entitled "Prohibited Practices" adopted. F. Oct. 7, 1994; eff. Oct. 27, 1994.Repealed New Rule of same title adopted. F. Aug. 8, 1996; eff. Aug. 28, 1996