WHAT HAPPENS WHEN AN INSURANCE COMPANY OR AGENT IS SUSPECTED OF VIOLATING THE INSURANCE UNFAIR TRADE PRACTICE ACT?
If the Insurance Commissioner thinks it is warranted, he can charge the alleged violator giving not less than 15 days notice of a hearing on the issues. The hearing is informal but given under oath with evidence presented with a record made of the proceedings. Failure to appear under subpoena can subject the party failing to appear to be found of contempt by a superior court judge. This procedure is mandated by the legislature and must be followed. Bankers Life & Casualty Co. v. Cravey, 208 Ga. 682, 69 SE2d 87, (1952). O.C.G.A. 33-6-7. If the Commissioner issues an order such as a cease and desist order, the Commissioner shall serve the offending party with his findings and order an further order one or more of the following shall occur: 1. Up to $1,000.00 per violation unless the offender knew he was in violation of the act in which case, $5,000.00 per violation is allowed; 2. Suspension of the license of the offender, if the offender knew or should have known that he was violating th
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