Rule 120-2-28-.08. Good Student Premium Reduction

1. (1) For each personal or family-type policy of private passenger motor vehicle insurance there shall be offered by the insurer a reduction in the premium for motor vehicle liability, first-party medical, and collision coverage for each named driver under 25 years of age, as listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy, if that driver:

   1. (a) is unmarried:

   2. (b) is enrolled as a full-time student in:

      1. 1. high school;
      2. 2. academic courses in a college or university; or
      3. 3. vocational technical school;

   3. (c) is an honor student because the scholastic records for the immediately preceding quarter, semester, or comparable segment show that such person:

      1. 1. ranks scholastically in the upper 20 percent of the class;
      2. 2. has a "B" average or better;
      3. 3. has a 3.0 average or better; or
      4. 4. is on the "Dean's List" or "Honor Roll"; and
   4. (d) is a driver whose use of the automobile is considered by the insurer in determining the applicable classification.
2. (2) Proof of meeting the requirements for the discount provided by this section shall be provided annually to the insurer by the insured student or policyholder upon such forms as the Commissioner shall prescribe. The premium reduction required by this section shall be approved by the Commissioner and reflected in the insurer's automobile rating plan.

3. (3) An insusrer shall not be required to offer the premium reduction provided in this Regulation to a driver who, at any time within a period of three (3) years prior to the beginning of the policy year during which that reduction is otherwise required, has;

   1. (a) been involved in any motor vehicle accident in which that person has been determined to have been at fault;

   2. (b) been finally convicted of, pleaded nolo contendere to, or been found to have committed a delinquent act constituting any of the following offenses:

      1. (1) any serious traffic offense described in the Official Code of Georgia Annotated, Title 40, Chapter 6, Article 15;
      2. (2) any traffic offense for which three (3) or more points may be assessed pursuant to O.C.G.A. § 40-5-57; or
      3. (3) any felony or any offense prohibited pursuant to the Official Code of Georgia Annotated, Title 16, Chapter 13, relating to dangerous drugs, marijuana, and controlled substances; or
   3. (c) had that person's driver's license suspended for refusal to submit to chemical tests pursuant to O.C.G.A. § 40-5-67.1 and that suspension has not been reversed, if appealed from.
4. (4) Insurers shall use the form the same as or substantially similar to the one contained in Exhibit A of this Regulation. Insurers shall provide this form annually to insured students or policyholders for proof of meeting the requirements of this Rule. In lieu of the form contained in Exhibit A, insurers may accept, or insureds may provide, a transcript or other proof of academic performance from the university, college, technical or vocational school or high school.

Authority: O.C.G.A. Secs. 33-2-9, 33-9-43, 33-34-1et seq., 33-34-11.

History. Original Rule entitled "Claims Handling Procedures; Model Claims Forms" adopted as ER. 120-2-28-0.2-.08. F. and eff. December 20, 1974.

Amended: Permanent Rule of same title adopted. F. Jan. 16, 1975; eff. Feb. 5, 1975.

Repealed: New Rule entitled "Insurer's Obligation to Cooperate With the Department of Public Safety" adopted. F. Oct. 28, 1983; eff. Dec. 1, 1983, as specified by the Agency.

Repealed: New Rule entitled "Good Student Premium Reduction Plans" adopted. F. Sept. 4, 1990; eff. Oct. 1, 1990, as specified by the Agency.

Repealed: New Rule entitled "Good Student Premium Reduction" adopted. F. Nov. 25, 1996; eff. Dec. 15, 1996.

Repealed: New Rule of same title adopted. F. Apr. 14, 1998; eff. May 4, 1998.