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Insurance Dep't of the State of Ga. v. St. Paul Fire & Cas. Ins. Co.

Defendants did not violate the insurance code's prohibitions against cancellation of an entire line or class of business by declining to renew 1,260 stand-alone medical malpractice insurance policies.

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The Georgia Commissioner of Insurance found that the decision of a group of affiliated insurance companies1 not to renew approximately 1,260 medical malpractice policies for physicians and surgeons in Georgia was an unfair trade practice under OCGA § 33-6-5 12, which limits insurers’ ability to “cancel an entire line or class of business.” The insurers collectively, St. Paul sought review in the superior court, which reversed the Commissioner’s decision. The Commissioner and the Insurance Department of the State of Georgia collectively, the State appeal. Because we agree with the superior court that St. Paul’s actions did not fall within the scope of OCGA § 33-6-5 12, we affirm.

The record shows that St. Paul issued medical malpractice insurance policies to various health care providers in Georgia, including “stand-alone” policies to physicians and surgeons who were not insured through a hospital or institution. On May 11, 2001, St. Paul informed its agents that it would not renew approximately 1,260 of these stand-alone policies due to underwriting losses. St. Paul then began sending notices of nonrenewal to the affected insureds as the annual expiration dates of their policies approached.

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