Predicting premiums: Georgia commissioner candidates on tort reform

Ga commissioners

Georgia primary voters will soon decide the next candidate for insurance and fire safety commissioner, leading to consequential decisions on tort reform and other issues.

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In Georgia, five Democratic candidates are vying for the nomination to run against Republican incumbent John King, who is running unopposed in his party's primary. Voting takes place May 19.

Digital Insurance posed a series of questions to all candidates. King and Democratic primary candidate Clarence Blalock did not respond. Democratic primary candidate Thomas Dean responded with his petition to Fulton County Superior Court to disqualify all other candidates (see below).

This is the first in a series of three articles compiling candidates' responses. This article covers three regulatory issues: tort reform, management of the state's home insurance of last resort, and handling of insurers' rate increase requests. The second part will cover insurers' use of AI and the third part will cover regulators' use of resources.

Will Commissioner John King's prediction that tort reform will decrease insurance premiums by 3–5% come true? Why or why not?

A.J. Jain: No. Georgia families should be skeptical of any promise that tort reform will automatically lower insurance premiums.

We have already seen this play out in Florida. Lawmakers there passed major tort reform measures with the promise that reducing litigation costs would stabilize the insurance market and lower costs for consumers. But Florida families still face some of the highest insurance costs in the country, and even where insurers report savings, there is no guarantee those savings are passed directly back to policyholders. In fact, much of the debate in Florida has centered on whether reforms benefited insurance companies more than consumers, especially as homeowners continued to struggle with affordability, coverage availability and claims disputes. 

The problem is simple: if litigation costs go down, that does not automatically result in lower premiums, unless a strong regulator makes insurers justify their pricing and return savings to consumers.

That is why I do not believe Georgia families should accept Commissioner King's 3–5% promise at face value. If insurers claim tort reform saves them money, the Insurance Commissioner should demand the data, scrutinize rate filings and require those savings to show up in lower premiums.

DeAndre Mathis: Absolutely not! The tort reform was not designed to decrease insurance rates. It was designed to continue to marginalize working class Georgians ability to recover and be made whole when institutional powers are exposed to liabilities for damages. 

Keisha Waites: Tort reform can relieve some pressure on premiums. However, any decreases will be based upon whether insurers pass savings through rather than keeping them as margin. In addition to other cost drivers — reinsurance, climate‑driven losses, construction and medical inflation — moving in the opposite direction.

As Commissioner, I would mandate data‑backed filings and use my authority to ensure any measurable litigation savings are reflected in rates, not just in profits.

Will Georgia's FAIR Plan (the Georgia Underwriting Association) be able to move policyholders off its rolls and onto private home insurance? Why or why not? What is required to achieve this?

A.J. Jain: The FAIR Plan should be a backstop, not a permanent solution for homeowners who cannot find affordable coverage. But moving people off the FAIR Plan requires a healthier, more competitive and more accountable private market than we currently have.

To achieve that, Georgia needs stronger oversight of insurers, better transparency around underwriting decisions and a regulator who will push companies to serve communities equitably instead of abandoning areas they consider less profitable. We also need to address the underlying risks driving market instability, including severe weather, aging housing, reinsurance costs and the lack of support for homeowners.

The goal should be to keep coverage available, keep premiums affordable, and make sure families are not pushed into last-resort coverage because insurers are allowed to cherry-pick the most profitable customers.

DeAndre Mathis: Yes. With Georgia's FAIR Plan being operated in a fair and efficient manner, homeowners should easily be able to move back to private insurance after going claim-free for the duration of the relevant lookback period.

Keisha Waites: The FAIR Plan should be a safety net, not a permanent fix for most policyholders. Moving people back to the private market is possible if:

  • More carriers are willing to write in Georgia, especially in higher‑risk areas.
  • Risk is better understood and mitigated through improved catastrophe modeling, building codes, and mitigation incentives.
  • Rates are actuarially sound but not excessive, so private carriers can compete with FAIR without abandoning high‑risk communities.

To achieve this, I would focus on recruiting carriers, rewarding mitigation and using FAIR as a temporary bridge, not a long‑term substitute for a healthy private market.

As a regulator, how would you respond to rate-increase requests?

A.J. Jain: I would start from the basic principle that every rate hike must be justified.

Right now, Georgia families are paying more and getting less. As Commissioner, I would use every tool available to examine rate filings, challenge excessive increases and make the process more transparent for the public.

If insurers say they need higher rates, they should have to prove it. If they are seeing savings from lower costs or reforms, those savings should be passed back to consumers.

DeAndre Mathis: They would have to justify it. Those justifications would have to be based on real data that shows the company would go into a loss without the rate increase. But rate increases will not be allowed for executives to receive million-dollar bonuses.  

Keisha Waites: My approach would be firm, data‑driven, and transparent:

  • Demand actuarial justification: Every increase must be supported by credible loss experience, trend and reinsurance data.
  • Scrutinize profit assumptions: Ensure rates are adequate and not excessive, consistent with Georgia law.
  • Consider affordability and access: Look at geographic and demographic impacts, especially in vulnerable communities.
  • Tie to behavior: If tort reform or mitigation programs reduce losses, I will expect that reflected in filings.

If the numbers don't justify the increase, I will say no — and explain clearly to the public why.

Note on candidate Thomas Dean:

Dean replied that he could not answer the questions and referred to his 28-page petition to the Superior Court of Fulton County, Georgia. The petition seeks a stay of two rulings against Dean's previous motions, which alleged that all opposing candidates are not eligible to be elected and should be disqualified. On April 16, an administrative judge confirmed King's eligibility to run. On April 27, Secretary of State Brad Raffensperger ruled that the other Democratic candidates are eligible to run.

Incumbent commissioner John King served on an appointed basis before being elected to his first full term in 2022; Dean stated this still violates the two-term limit for the post. Dean alleged that all of his Democratic primary opponents are not eligible to run because they currently or previously worked for insurance companies or have served in roles in other branches of Georgia state government.


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