Interloctory order in insurance case.

Topic: Insurance, Decided by: Judge Schroer 
Docket Number: 1238062 , Decision Date: April 1, 2013 
Attachment: Click here to download the decision. 

The Commissioner of Insurance filed a show cause order against several respondents relating to the sale of limited medical insurance benefits as part of expanded membership in the National Better Living Association (NBLA).  On cross motions for summary determination, Judge Schroer ruled on four issues.  First, she denied NBLA’s motion for summary determination on the issue of whether NBLA was an eligible association permitted to offer group accident and sickness insurance under O.C.G.A. § 33-30-1(a)(2), holding (a) that there were disputed issues of material fact, (b) that the Commissioner was authorized to issue a cease and desist order against an ineligible association offering group insurance in violation of the statute, and (c) that the Commissioner was not equitably estopped from declaring NBLA an ineligible association.  Second, as to the allegation that NBLA’s website constituted solicitation to purchase insurance, Judge Schroer ruled that the website constituted advertising and, thus, NBLA did not need to obtain an insurance license to maintain the website under O.C.G.A. § 33-23-4.  Third, Judge Schroer denied summary determination on whether certain unlicensed respondents violated O.C.G.A. § 33-23-4 by paying and accepting valuable consideration for the sale of NBLA memberships, because it is unclear whether the sales and services occurred in Georgia.  Fourth, Judge Schroer dismissed the claims against individual corporate officers and directors for lack of specific allegations against them.

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