Definitions

As used in this chapter, the term: (1) ‘‘Actuary’’ means a person who is a member in good standing of the American Academy of Actuaries. (2) ‘‘Insurer’’ means an insurer as defined in Code Section 33-1-2. 927 33-47-3 (3)(A) ‘‘Managing general agent’’ means any person, firm, association, or corporation who negotiates and binds ceding reinsurance contracts on behalf of an insurer or manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office and acts as an agent for such insurer whether known as a managing general agent, general agent, manager, or other similar term, who, with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written premium equal to or more than 5 percent of the policyholder surplus as reported in the last annual statement of the insurer in any one quarter or year together with one or more of the following: (i) Adjusts or pays claims in excess of an amount determined by the Commissioner; or (ii) Negotiates reinsurance on behalf of the insurer. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the following persons shall not be considered as managing general agents for the purposes of this chapter: (i) An employee of the insurer; (ii) A United States manager of the United States branch of an alien insurer; or (iii) An underwriting manager which provides underwriting services only, pursuant to contract, manages any of the insurance underwriting operations of the insurer, is under common control with the insurer, subject to Chapter 13 of this title, and whose compensation is not based on the volume of premiums written. (4) ‘‘Producer’’ means an agent or subagent as defined in Chapter 23 of this title. (5) ‘‘Underwrite’’ means the authority to accept or reject risk on behalf of the insurer. History. — Code 1981, § 33-47-2, enacted by Ga. L. 1991, p. 1424, § 8; Ga. L. 1992, p. 2877, § 10. 33-47-3. License required; surety bond; errors and omissions policy. (a) No person, firm, association, or corporation shall act in the capacity of a managing general agent with respect to risks located in this state for an insurer licensed in this state unless such person is a licensed producer in this state. 928 33-47-4 (b) No person, firm, association, or corporation shall act in the capacity of a managing general agent representing an insurer domiciled in this state with respect to risks located outside this state unless such person is licensed as a producer in this state pursuant to the provisions of this chapter. (c) The Commissioner may require the managing general agent to maintain a surety bond in an amount acceptable to him for the protection of the insurer. The Commissioner may require the managing general agent to maintain an errors and omissions policy. History. — Code 1981, § 33-47-3, enacted by Ga. L. 1991, p. 1424, § 8. 33-47-4. Written contract with insurer required; contents.