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Georgia Unfair Trade Practices, Claims and the Guaranty Association: Practice Questions

20 free practice questions with explanations. Pick an answer for each, then check your score.

Exam weight: Part of the 19 Georgia questions on rules common to life and health on the Georgia Life, Accident and Sickness agent exam. Updated 2026-11-05.

Quick study guide

O.C.G.A. § 33-6-4(b) lists Georgia's core unfair and deceptive acts and § 33-6-5 adds more; § 33-6-3 bars any person in the business of insurance, including agents, brokers, counselors and adjusters (§ 33-6-2), from committing them, and false representations about the policy sold are also a misdemeanor (§ 33-6-4(c)).

Unfair and deceptive acts (§ 33-6-4(b))

False advertising (1): any untrue, deceptive or misleading statement about insurance, in print, on radio or "in any other way." Misrepresentation and twisting (2): misstating policy terms, benefits or dividends, or making any misrepresentation to a policyholder to induce a lapse, forfeiture or surrender. Defamation (3): statements false or maliciously critical of an insurer's financial condition, calculated to injure. Boycott, coercion and intimidation (4). Unfair discrimination (8)(A): in life insurance, among people of the same class, policy amount and expectation of life; in accident and sickness, among people of the same class and essentially the same hazard; and always on race, color or national or ethnic origin. Victims of family violence or sexual assault are protected by (15). Direct response ads may not imply coverage is "guaranteed issue" when conditions apply (13)(B). Section 33-6-5 also bars refusing life insurance solely because the applicant was a living organ donor (8.1). Controlled business (§ 33-23-1) means property or casualty insurance on an agent's own interests, family, employer or wards.

Rebating and gifts

Sections 33-6-4(b)(8)(B) and 33-9-36 ban rebates and any valuable consideration not specified in the policy, and knowingly accepting one is a violation too. Allowed: commissions, dividends, payroll-deduction discounts, client meals, food at seminars where no applications are taken, and promotional gifts worth up to $100 per customer in a calendar year that do not depend on a sale or renewal. Section 33-24-59.31 allows value-added services related to the coverage.

Claims

The claim acts in § 33-6-34 are unfair when committed flagrantly in conscious disregard of the law, or often enough to show a general business practice (§ 33-6-33).

DutyTime limit
Send claim forms after a request (§ 33-6-34(11))15 calendar days
Health plan pays, or explains and lists what it needs (§ 33-24-59.5)15 working days electronic, 30 calendar days paper; 12% a year interest if late
Interest on individual life proceeds (§ 33-25-10)From death (none if paid within 30 days of death); 12% a year from 30 days after the claim is filed

Fraud and the guaranty association

Insurance fraud (§ 33-1-9), such as a knowingly false material statement in an application or claim or an agent converting premium money, is a felony: 2 to 10 years in prison, a fine, or both. Licensees must report suspected fraud to the Commissioner (§ 33-1-16(f)). Application statements are representations, not warranties (§ 33-24-7). Every licensed life or health insurer, HMO and health care corporation belongs to the Georgia Life and Health Insurance Guaranty Association, which protects residents when a member fails. Per life: $300,000 death benefit ($100,000 cash value), $300,000 annuity present value ($250,000 cash value), $300,000 disability income or long-term care, $500,000 health benefit plans. Fraternal benefit societies are not members, and no one may use the association's existence to sell (§ 33-38-21).

Practice questions

  1. To get a client to surrender her whole life policy and buy a new one from him, a Georgia agent falsely tells her that her policy's death benefit "drops by half at age 65." Under O.C.G.A. § 33-6-4(b)(2), this is:

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    Answer: D. Section 33-6-4(b)(2) makes it an unfair and deceptive act to misrepresent the terms or benefits of any policy, or to make any misrepresentation to a policyholder for the purpose of inducing, or tending to induce, the policyholder to lapse, forfeit or surrender the insurance. The violation lies in making the statement for that purpose, whether or not she switches. Rebating is a different act, (b)(8)(B), involving an inducement not specified in the policy.

    Source: Georgia outline X.D.4: Misrepresentation; X.D.5: Twisting and churning (Ref: 33-6-4 & 5; 33-6-30 through 35; 33-9-36; 33-23-1; 33-24-7); O.C.G.A. § 33-6-4

  2. An agent tells prospects at a seminar that a competing life insurer "is about to go under and won't be able to pay claims," knowing the statement is false. Which part of O.C.G.A. § 33-6-4(b) most directly prohibits this?

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    Answer: D. Section 33-6-4(b)(3) bans making or circulating, or aiding or encouraging, any oral or written statement or literature that is false or maliciously critical of, or substantially misrepresents, the financial condition of an insurer and is calculated to injure any person in the insurance business. This is defamation, and it covers oral statements at a seminar. Paragraph (8)(B) covers rebating, (11) covers tie-in sales tied to property financing, and (13) covers direct response ads.

    Source: Georgia outline X.D.2: Defamation (Ref: 33-6-4 & 5; 33-6-30 through 35; 33-9-36; 33-23-1; 33-24-7); O.C.G.A. § 33-6-4

  3. Several insurance agencies in a Georgia town agree among themselves to stop placing any business with an insurer unless it terminates the appointment of a new agent who is undercutting them. Under O.C.G.A. § 33-6-4(b)(4), this agreement is:

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    Answer: B. Section 33-6-4(b)(4) lists entering into any agreement to commit, or by concerted action committing, any act of boycott, coercion or intimidation resulting in or tending to result in unreasonable restraint of, or monopoly in, the business of insurance. A single agency choosing its insurers is not the problem; the concerted pressure is. The rule reaches conduct that merely tends to restrain trade, so it does not depend on whether the insurer gives in.

    Source: Georgia outline X.D.7: Coercion (Ref: 33-6-4 & 5; 33-6-30 through 35; 33-9-36; 33-23-1; 33-24-7); O.C.G.A. § 33-6-4

  4. Under O.C.G.A. § 33-6-4(b)(8)(A)(i), an insurer unfairly discriminates in life insurance if it charges different rates or gives different benefits to individuals of the same:

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    Answer: C. For life insurance and annuities, § 33-6-4(b)(8)(A)(i) bans unfair discrimination between individuals of the same class, same policy amount and equal expectation of life in rates, dividends or other benefits, or in any other contract terms. For accident and sickness insurance, (A)(ii) uses a different test: individuals of the same class and essentially the same hazard. Separately, (A)(iv) bans discrimination based on race, color or national or ethnic origin in any kind of insurance.

    Source: Georgia outline X.D.3: Unfair Discrimination (Ref: 33-6-4 & 5; 33-6-30 through 35; 33-9-36; 33-23-1; 33-24-7); O.C.G.A. § 33-6-4

  5. A healthy Georgia applicant donated a kidney to her brother two years ago. A life insurer declines her application solely because she was a living organ donor. Under O.C.G.A. § 33-6-5, this is:

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    Answer: D. Section 33-6-5(8.1) makes it an unfair practice to cancel, modify coverage, refuse to issue or refuse to renew a life insurance policy solely because the applicant or insured, as a living organ donor, donated all or part of a liver, pancreas, kidney, intestine, lung or bone marrow. The protection is written specifically for life insurance. The word "solely" matters: the insurer may still underwrite on other grounds.

    Source: Georgia outline X.D.3: Unfair Discrimination (Ref: 33-6-4 & 5; 33-6-30 through 35; 33-9-36; 33-23-1; 33-24-7); O.C.G.A. § 33-6-5

  6. Under O.C.G.A. § 33-6-4(b)(15), what must be attached to every policy or renewal certificate issued, delivered or renewed in Georgia?

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    Answer: B. Section 33-6-4(b)(15)(I) requires anyone issuing, delivering or renewing a policy in Georgia to attach a notice stating that Georgia law prohibits insurers from unfairly discriminating against any person based upon his or her status as a victim of family violence. Paragraph (15)(B) bars denying, cancelling, refusing to renew or charging more because an applicant or insured is, or has been, a victim of family violence or sexual assault. The other notices listed are not what paragraph (15) requires.

    Source: Georgia outline X.D.3: Unfair Discrimination (Ref: 33-6-4 & 5; 33-6-30 through 35; 33-9-36; 33-23-1; 33-24-7); O.C.G.A. § 33-6-4

  7. A Georgia agent tells a client, "Buy this health policy today and I'll pay your first month's premium out of my commission." The client knowingly accepts. Under O.C.G.A. § 33-6-4(b)(8)(B), who has committed an unfair practice?

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    Answer: B. Section 33-6-4(b)(8)(B) bans paying, giving or offering, directly or indirectly, any rebate of premium or other valuable consideration not specified in the contract as an inducement to insurance, and it equally bans receiving or accepting such a rebate. Paying part of the premium from the agent's own commission is a rebate whatever the source of the money. Section 33-9-36(c) contains a parallel ban that also covers the insured who knowingly receives a rebate.

    Source: Georgia outline X.D.1: Rebating (Ref: 33-6-4 & 5; 33-6-30 through 35; 33-9-36; 33-23-1; 33-24-7); O.C.G.A. § 33-6-4; O.C.G.A. § 33-9-36

  8. Under O.C.G.A. § 33-6-4(b)(8)(C)(x), a Georgia insurer or producer may run a promotional program giving current or prospective customers gift cards, tickets or merchandise, provided the gifts:

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    Answer: C. Paragraph (b)(8)(C)(x) excludes from rebating promotional programs giving prizes, goods, store gift cards, gift certificates, sporting event tickets or merchandise not exceeding $100 in value per customer in the aggregate in any one calendar year, as long as giving them is not contingent on the sale or renewal of a policy. Section 33-9-36(f) repeats the same $100 rule. Tying a gift to a purchase turns it into an illegal inducement. Business meals, and food at seminars where no applications are offered or accepted, are listed as separate exceptions.

    Source: Georgia outline X.D.1: Rebating (Ref: 33-6-4 & 5; 33-6-30 through 35; 33-9-36; 33-23-1; 33-24-7); O.C.G.A. § 33-6-4; O.C.G.A. § 33-9-36

  9. An insurer's direct response TV ad for a hospital indemnity policy says "guaranteed acceptance, no one is turned down," but applicants must answer several health questions and can be declined. Under O.C.G.A. § 33-6-4(b)(13), this is:

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    Answer: D. Section 33-6-4(b)(13)(B) bans direct response advertising, including radio or television, of any individual or group accident and sickness or life policy that is misleading, in fact or by implication, that coverage is "guaranteed issue" when there are conditions to be met, such as limited medical questions or other underwriting guidelines. A disclosure buried in the policy does not cure a misleading ad. Under (13)(C), a direct response ad must also have been approved for use in Georgia by the Commissioner.

    Source: Georgia outline X.D.6: Advertising (Ref: 33-6-4 & 5; 33-6-30 through 35; 33-9-36; 33-23-1; 33-24-7); O.C.G.A. § 33-6-4

  10. A Georgia insurer, through one employee's oversight, is slow to acknowledge a single claimant's letter. Under O.C.G.A. § 33-6-33, when does an act listed in § 33-6-34 become an improper claims settlement practice?

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    Answer: A. Section 33-6-33 says an act listed in § 33-6-34 is an improper claims settlement practice if it is committed flagrantly and in conscious disregard of the insurance title or its rules, or with such frequency as to indicate a general business practice. A one-time oversight is neither, though a single flagrant act can qualify. The Commissioner enforces the act through charges, a hearing and cease and desist orders (§ 33-6-35).

    Source: Georgia outline X.D.9: Unfair claims practices (Ref: 33-6-4 & 5; 33-6-30 through 35; 33-9-36; 33-23-1; 33-24-7); O.C.G.A. § 33-6-33; O.C.G.A. § 33-6-35

  11. The beneficiary of a Georgia accident policy phones the insurer and asks for the forms she needs to file a claim. Under O.C.G.A. § 33-6-34, the insurer must provide the forms, with reasonable explanations of their use, within:

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    Answer: C. Section 33-6-34(11) lists as an unfair claims settlement practice failing to provide forms necessary to file claims within 15 calendar days of a request, with reasonable explanations regarding their use. The same section requires acknowledging pertinent communications with reasonable promptness (2) and, when the insured asks in writing, giving a reasonable and accurate explanation of a denial or compromise offer, with denials in writing (10). As with every act in § 33-6-34, it is a violation when flagrant or frequent enough to indicate a general business practice (§ 33-6-33).

    Source: Georgia outline X.D.9: Unfair claims practices (Ref: 33-6-4 & 5; 33-6-30 through 35; 33-9-36; 33-23-1; 33-24-7); O.C.G.A. § 33-6-34

  12. A Georgia health insurer receives an electronic claim for a covered office visit. Under O.C.G.A. § 33-24-59.5, within how many days must it pay the claim, or send a notice giving its reasons for not paying and listing any information it needs?

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    Answer: C. Section 33-24-59.5(b)(1) gives the insurer 15 working days for electronic claims, or 30 calendar days for paper claims, to pay the benefits or send a letter or electronic notice stating its reasons and itemizing the documents or information it needs; any undisputed portion must be paid. Once everything listed arrives, the same 15-working-day or 30-calendar-day period applies to paying or denying the claim. Late payment carries interest of 12 percent per year (§ 33-24-59.5(c)).

    Source: Georgia outline X.D.9: Unfair claims practices (Ref: 33-6-4 & 5; 33-6-30 through 35; 33-9-36; 33-23-1; 33-24-7); O.C.G.A. § 33-24-59.5

  13. A Georgia agent collects $1,800 in cash from a client for a health policy, never submits the application, and spends the money on himself. Under O.C.G.A. § 33-1-9, this is:

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    Answer: A. Section 33-1-9(a)(2) makes it insurance fraud for a person to knowingly or willfully receive money for the purpose of purchasing insurance and convert it to his or her own benefit, and (a)(1) also covers false or fraudulent material statements in applications and claims. Under subsection (e), a conviction is a felony punishable by 2 to 10 years' imprisonment, a fine, or both. The current fine is up to $10,000; 2026 House Bill 1344 raises it to up to $100,000 for each act from 1 January 2027, leaving the prison range unchanged.

    Source: Georgia outline X.D.10: Fraud (Ref: 33-6-4 & 5; 33-6-30 through 35; 33-9-36; 33-23-1; 33-24-7); O.C.G.A. § 33-1-9; 2026 Ga. HB 1344 (effective 1 Jan 2027)

  14. A Georgia life and health agent comes to believe that a client has filed a disability claim using fabricated doctor's notes. Under O.C.G.A. § 33-1-16, what is the agent's obligation?

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    Answer: B. Section 33-1-16(f) says any person may report a suspected fraudulent insurance act to the Commissioner, but any insurer, agent or other person licensed under the insurance title, or their employee, who knows of or believes a fraudulent insurance act is being or has been committed shall send the Commissioner a report. Under (d)(3), in the absence of fraud or bad faith, a person is not subject to civil liability for libel, slander or similar torts for filing such reports without malice. The statute sets no dollar threshold and no consent requirement.

    Source: Georgia outline X.D.10: Fraud (Ref: 33-6-4 & 5; 33-6-30 through 35; 33-9-36; 33-23-1; 33-24-7); O.C.G.A. § 33-1-16

  15. On a Georgia life application, an applicant innocently understates her weight by four pounds. The insurer would have issued the same policy at the same premium had it known her true weight. After she dies, the insurer tries to deny the claim. Under O.C.G.A. § 33-24-7:

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    Answer: A. Section 33-24-7(a) treats all statements in an application as representations, not warranties. Under (b), a misrepresentation, omission or incorrect statement prevents recovery only if it is fraudulent; material to the acceptance of the risk or the hazard assumed; or the insurer in good faith would not have issued the policy, or not in as large an amount or at the same premium, had it known the true facts. None applies here. Adjusting the benefit to what the premium would have bought is the remedy for a misstated age under the policy's misstatement of age provision, not for this.

    Source: Georgia outline X.D.10: Fraud (Ref: 33-6-4 & 5; 33-6-30 through 35; 33-9-36; 33-23-1; 33-24-7); O.C.G.A. § 33-24-7

  16. Which of the following is NOT a member insurer of the Georgia Life and Health Insurance Guaranty Association?

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    Answer: B. Under O.C.G.A. § 33-38-4(15), member insurers are insurers, HMOs and health care corporations licensed to transact the kinds of business the association covers, including those whose Georgia license has been suspended, revoked, not renewed or voluntarily withdrawn; fraternal benefit societies are expressly excluded, and § 33-38-2(c)(5) also excludes their certificates from coverage. Section 33-38-5 makes membership a condition of authority to do business in Georgia. The association protects covered persons when a member insurer becomes impaired or insolvent.

    Source: Georgia outline X.F: Georgia Life and Health Insurance Guaranty Association (Ref: 33-24-7, 33-38-1 through 10); O.C.G.A. § 33-38-4; O.C.G.A. § 33-38-2; O.C.G.A. § 33-38-5

  17. A Georgia resident is insured under two individual life policies, for $250,000 and $150,000, issued by the same member insurer, which is ordered liquidated as insolvent. She then dies. What is the most the Georgia Life and Health Insurance Guaranty Association will pay in death benefits for her life?

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    Answer: A. Under O.C.G.A. § 33-38-7(12)(B)(i), the association's obligation with respect to one life, regardless of the number of policies, is capped at $300,000 in life insurance death benefits, and at $100,000 in net cash surrender and withdrawal values. The two policies are added together, so the $400,000 of coverage is limited to $300,000. The $500,000 figure applies only to health benefit plans.

    Source: Georgia outline X.F: Georgia Life and Health Insurance Guaranty Association (Ref: 33-24-7, 33-38-1 through 10); O.C.G.A. § 33-38-7

  18. A Georgia resident's deferred annuity with an insolvent member insurer has a net cash surrender value of $280,000. Under O.C.G.A. § 33-38-7, what is the most the guaranty association will cover if she surrenders it for cash?

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    Answer: B. Section 33-38-7(12)(B)(iii) limits coverage to $300,000 in the present value of annuity benefits, but not more than $250,000 in net cash surrender and net cash withdrawal values for an annuity. Her cash value claim is therefore capped at $250,000. The $100,000 cap applies to cash values of life insurance, and a structured settlement annuity payee is covered for $300,000 in present value (12)(C).

    Source: Georgia outline X.F: Georgia Life and Health Insurance Guaranty Association (Ref: 33-24-7, 33-38-1 through 10); O.C.G.A. § 33-38-7

  19. Under O.C.G.A. § 33-38-7(12), which type of coverage carries a $500,000 guaranty association limit for one individual, instead of $300,000?

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    Answer: A. Section 33-38-7(12)(B)(ii) sets $300,000 each for disability income insurance, long-term care insurance, and other health insurance, but $500,000 for health benefit plans; the overall cap for one life is $300,000 except where health benefit plan benefits are involved, when it is $500,000 (12)(D)(i). Section 33-38-4(11) defines a health benefit plan as a hospital or medical expense policy, HMO subscriber contract or similar contract, and excludes disability income, long-term care, Medicare supplement, dental only and vision only coverage.

    Source: Georgia outline X.F: Georgia Life and Health Insurance Guaranty Association (Ref: 33-24-7, 33-38-1 through 10); O.C.G.A. § 33-38-7; O.C.G.A. § 33-38-4

  20. A Georgia agent's annuity brochure says, "Don't worry about the insurer's financial rating: your money is protected by the Georgia Life and Health Insurance Guaranty Association." Under O.C.G.A. § 33-38-21, this is:

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    Answer: B. Section 33-38-21(a) bars any person, including a member insurer or its agent or affiliate, from making or circulating any advertisement, announcement or statement that uses the existence of the association for the purposes of sales, solicitation or inducement to purchase any coverage the chapter protects; accuracy and added disclosures are no defense. After notice and hearing, a violator may face a monetary penalty or suspension or revocation of the license (b). 2026 House Bill 1344 doubles those penalty caps from 1 January 2027.

    Source: Georgia outline X.F: Georgia Life and Health Insurance Guaranty Association (Ref: 33-24-7, 33-38-1 through 10); O.C.G.A. § 33-38-21; 2026 Ga. HB 1344 (effective 1 Jan 2027)

Where these questions come from: Georgia content outline (Pearson VUE #121102, effective 22 Oct 2024), Life, Accident and Sickness agent, section X.D: Unfair trade practices (rebating, defamation, unfair discrimination, misrepresentation, twisting and churning, advertising, coercion, controlled business, unfair claims practices, fraud) and section X.F: Georgia Life and Health Insurance Guaranty Association. See how we write questions.