Title 33 — Title 33
0 chapters · 1,218 sections in this title.
O.C.G.A. § 33-23-1 Definitions
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(a) As used in this article, the term: (1) ‘‘Adjuster’’ means any individual who for a fee, commission, salary, or other compensation investigates, settles, or adjusts and reports to his or her employer or principal with respect to claims arising under insurance contracts on beha…
O.C.G.A. § 33-23-1.1 Addresses of licensees
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Duty of licensees to provide current information, §33-23-33. Authority of adjusters, §33-23-43. Authority of agent to act as adjuster, §33-23-29. Canadian residents, licensure as adjusters. Examination and other requirements, §33-23-5. Licensing of nonresidents generally, §33-23-…
O.C.G.A. § 33-23-10 Examination of applicants
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(a) Each individual applicant for a license as agent, limited subagent, counselor, adjuster, or surplus line broker shall submit to a personal examination in writing as to his or her competence to act in such capacity. The examination shall be prepared and given by the Commission…
O.C.G.A. § 33-23-100 Investment pools, §33-11-82
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Pharmacy benefits managers, §33-64-1. Business of life settlements, §33-59-2.
O.C.G.A. § 33-23-101 Life insurance group policyholders
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Premium increases, §33-27-9. Payment of claim in third party settlements, §33-24-41.2. Rehabilitation and liquidation. Assessments against members of insurer. Show cause orders, §33-37-30. Claims. Denial, §33-37-38. Resident claimants in proceeding in another state against nondom…
O.C.G.A. § 33-23-102 Applicants for adjuster’s license
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Requirement, §33-23-6. Applicants for counselor’s license. Requirements, §33-23-7. Delinquency proceedings. Injunctions, §33-37-5. Incorporators of domestic mutual insurers, §33-14-63. Managing general agents, §33-47-3. Reciprocal insurers, §§33-17-8, 33-17-10. Rehabilitation and…
O.C.G.A. § 33-23-103 Examination of administrators by Commissioner
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Administrators shall be subject to market conduct and financial examinations by the Commissioner. Any cost involved with the examinations shall be borne by the administrator. History. — Code 1981, § 33-23-103, enacted by Ga. L. 1991, p. 1403, § 1; Ga. L. 2005, p. 563, § 10/HB 407.…
O.C.G.A. § 33-23-105 Rules and regulations for implementation of article
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The Commissioner may promulgate rules and regulations which are necessary to implement the provisions of this article and to ensure the safe and proper operation of administrators of this state. History. — Code 1981, § 33-23-105, enacted by Ga. L. 1991, p. 1403, § 1. ARTICLE 3 IN…
O.C.G.A. § 33-23-12 Limited licenses
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(a) Except as provided in subsection (b) of this Code section for credit insurance licenses, subsection (b.1) of this Code section, subsection (c) of this Code section for rental companies, subsection (d) of this Code section for portable electronics, and subsection (f ) of this …
O.C.G.A. § 33-23-13 Temporary licenses
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(a) In the event of the death of an agent or limited subagent, including a temporary agent or limited subagent, or the inability to act as an agent or limited subagent by reason of service in the armed services of the United States, illness or other disability, or termination of …
O.C.G.A. § 33-23-14 Probationary licenses
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(a) The Commissioner shall have the authority to issue a probationary license to any applicant under this chapter. (b) A probationary license may be issued for a period of not less than three months and not longer than 12 months and shall be subject to immediate revocation for ca…
O.C.G.A. § 33-23-15 Additional licenses
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The Commissioner may issue two or more licenses to one individual provided the individual meets all qualifications and conditions for each such license. History. — Code 1981, § 33-23-15, enacted by Ga. L. 1992, p. 2830, § 1; Ga. L. 2001, p. 925, § 1. 33-23-16. Licensing of nonresi…
O.C.G.A. § 33-23-16 Licensing of nonresidents
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(a) Unless denied licensure pursuant to Code Section 33-23-21, a nonresident person shall receive a nonresident agent’s license if: (1) The person is currently licensed as a resident and in good standing in such person’s home state; (2) The person has submitted the proper request…
O.C.G.A. § 33-23-17 Limitation of actions
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Insider trading of domestic stock insurer equity securities. Actions to recover for insurer profits from purchases and sales, etc., §33-14-92. Liquidation orders.
O.C.G.A. § 33-23-18 Inactive status, §33-23-19
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1214 INDEX INSURANCE COMPANIES —Cont’d Agents, subagents, counselors and adjusters —Cont’d Contracts for services of public adjuster, §33-23-43.1. Counselor’s additional ancillary services. Separate transactions, §33-23-1.1. Countersigning by agents. Commissions for countersignin…
O.C.G.A. § 33-23-19 Placing of license on inactive status; subsequent revocation
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(a) An agent’s license shall be placed on inactive status when the agent no longer has on file with the Commissioner a certificate of 52 33-23-20 authority to represent at least one insurer licensed to do business in this state. (b) When a license is placed on inactive status under…
O.C.G.A. § 33-23-2 Licenses to be issued only to individuals
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Reserved. Repealed by Ga. L. 2001, p. 925, § 1, effective July 1, 2002. Editor’s notes. — This Code section was based on Ga. L. 1992, p. 2830, § 1; Ga. L. 1999, p. 878, § 3. 17 33-23-4 33-23-3. Agency licensing and biennial renewals; ownership restrictions. (a) Each principal off…
O.C.G.A. § 33-23-20 Issuance, §33-23-11
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Issuance on continuous basis, §33-23-18. Limited licenses, §33-23-12.
O.C.G.A. § 33-23-201 Definitions
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As used in this article, the term: (1) ‘‘Exchange’’ means a state, federal, or partnership exchange or marketplace operating in Georgia pursuant to Section 1311 of the federal act. (2) ‘‘Federal act’’ means the federal Patient Protection and Affordable Care Act (Public Law 111-14…
O.C.G.A. § 33-23-202 Licensing and requirements therefor
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(a) No navigator shall provide advice, guidance, or other assistance with regard to health benefit plans as a navigator under the provisions of the federal act unless licensed in accordance with this article. (b) The Commissioner shall not issue a license to any applicant who does…
O.C.G.A. § 33-23-203 Denial of license, §33-23-203
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Discipline of licensees, §33-23-203. Effect, §33-23-203. Legislative findings and intent, §33-23-200. Qualifications for licensing, §33-23-202. Requirement of licensing, §33-23-202.
O.C.G.A. § 33-23-204 Adoption of rules and regulations
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The Commissioner shall be authorized to adopt rules and regulations to effect the implementation of this article. History. — Code 1981, § 33-23-204, enacted by Ga. L. 2013, p. 780, § 1/HB 198. 33-23-205. Applicability.
O.C.G.A. § 33-23-205 Applicability
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The provisions of this article shall not apply to patient navigators as defined in paragraph (4) of Code Section 33-23-201. History. — Code 1981, § 33-23-205, enacted by Ga. L. 2013, p. 780, § 1/HB 198. 91 T.33, C.24 T.33, C.24 INSURANCE CHAPTER 24 INSURANCE GENERALLY Sec. 33-24-1…
O.C.G.A. § 33-23-21 Grounds for refusal, suspension, or revocation of license
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A license, other than a probationary license, may be refused or a license duly issued may be suspended or revoked by the Commissioner if the Commissioner finds that the applicant for or holder of the license: (1) Has violated any provision of this title, of any other law or regula…
O.C.G.A. § 33-23-21.1 Licensing for educational borrowers in default
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The Commissioner shall not refuse to issue nor suspend or revoke a license of an applicant for or holder of a license because he or she is a borrower in default under the Georgia Higher Education Loan Program as determined by the Georgia Higher Education Assistance Corporation or…
O.C.G.A. § 33-23-22 Notice of suspension or revocation of license; hearing; appeals
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33-23-23. Limitation on application after refusal or revocation of license; effect of surrender of license under written consent order. 33-23-24. Permits and licenses not transferable. 33-23-25. Place of business.
O.C.G.A. § 33-23-23 Grounds, §33-23-21
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Student loan borrowers in default, §33-23-21.1. Renewal, §§33-23-3, 33-23-18.
O.C.G.A. § 33-23-24 Permits and licenses not transferable
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The permits of service representatives and licenses of licensees under this article shall not be transferable. History. — Code 1981, § 33-23-24, enacted by Ga. L. 1992, p. 2830, § 1; Ga. L. 2001, p. 925, § 1. 33-23-25. Place of business.
O.C.G.A. § 33-23-25 Place of business
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Every licensed agent, limited subagent, counselor, and adjuster shall have and maintain in this state or, if a nonresident licensee, in the state of domicile, a place of business accessible to the public. The place of business shall be that wherein the licensee principally conduc…
O.C.G.A. § 33-23-26 Agent’s certificate of authority
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(a) Each insurer authorized to transact insurance in this state shall obtain an agent’s certificate of authority for each agent representing such insurer in the selling, soliciting, or negotiating of contracts of 59 33-23-26 insurance in this state. For the purposes of this subsec…
O.C.G.A. § 33-23-27 Subagent’s certificate of authority
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(a) Each agent licensed in this state shall obtain a certificate of authority for each subagent representing such agent in this state. (b) Each subagent’s certificate of authority shall be renewed by the agent not more than once every three years in such form and manner as specified…
O.C.G.A. § 33-23-28 Scope of subagent’s authority; record of transactions
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(a) A subagent’s certificate of authority shall not cover any kind of insurance for which the sponsoring agent and subagent are not licensed. (b) A subagent or limited subagent shall not have power to bind an insurer. 61 33-23-29 (c) All business transacted by a subagent under suc…
O.C.G.A. § 33-23-29.1 Licensing of nonresident counselors
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(a) An individual residing in another state may be licensed by the Commissioner as a nonresident counselor under the following circumstances and in the following manner: (1) Upon written application and payment of the required license fee and without requiring a written examinati…
O.C.G.A. § 33-23-30 Restrictions on signing by agents
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An agent shall not sign in blank any policy to be issued outside of such agent’s office. An agent shall not give power of attorney to or otherwise authorize anyone to sign the agent’s name to policies unless the person so authorized is directly employed by the agent and no other …
O.C.G.A. § 33-23-31 Risk situs; service on nonresidents; venue of action
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(a) A risk shall be deemed to have a situs in this state if the insurance is upon or in regard to property having a permanent situs in this state or movable property which is actually in this state or is principally used or kept in this state or on persons resident in this state.…
O.C.G.A. § 33-23-32 Domestic stock and mutual insurers
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Domestic stock insurers participating in mergers or consolidations, §33-14-43. Persons selling stock of insurers, §§33-14-20, 33-14-21. Health insurance plan issued through agent. Carrier to pay commission to agent, §33-24-59.23. Restrictions on payment or receipt, §33-23-4. Shar…
O.C.G.A. § 33-23-34 Records of transactions
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(a) Every agent, limited subagent, counselor, and adjuster under this chapter shall keep at the address as shown on his or her license or at the insurer’s regional or home office situated in this state a record of all transactions consummated under such license. The record shall …
O.C.G.A. § 33-23-35 Reporting and disposition of premiums
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(a) An agent, limited subagent, or any other representative of an insurer or of any other person in the effectuation of an insurance contract shall report to the insurer or its agent the premium for the contract and the amount shall be shown in the contract. Each willful violatio…
O.C.G.A. § 33-23-36 Inquiry into illegal or improper conduct
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The Commissioner may upon his or her own motion and shall upon a written complaint signed by a citizen of this state and filed with the Commissioner inquire into any alleged illegal or improper conduct of any licensee or inquire into the question of whether a licensee is untrustwo…
O.C.G.A. § 33-23-39 Venue of actions, §33-23-31
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Alien companies. Actions against. Service of process, §§33-4-3 to 33-4-5. Annual filings with National Association of Insurance Commissioners, §33-3-21.3. Certificates of authority. Information required in or attached to application, §33-3-13. Definition of alien, §33-3-1. Deposit o…
O.C.G.A. § 33-23-4 Sharing, §33-23-38
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Compensation of licensed counselors. Fee or charge received from customer, §33-23-46. Conduct of adjuster, standards, §33-23-43.2. Construction project bid bonds.
O.C.G.A. § 33-23-40 Contracts issued by unauthorized persons not rendered unenforceable
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Any contract of insurance issued by a person prohibited by this chapter from so issuing it shall not be rendered unenforceable by reason 71 33-23-41 of the violation of this chapter, but all persons knowingly participating in the violation shall be subject to the provisions of Ch…
O.C.G.A. § 33-23-41 Liability and penalties for unauthorized acts
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Any person who in this state acts, purports to act, or holds himself or herself out as an agent, limited subagent, counselor, or adjuster or as an employee of an agent, limited subagent, counselor, or adjuster of or for an insurer that has not obtained from the Commissioner a cer…
O.C.G.A. § 33-23-42 Performing acts for unauthorized insurer
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Any person who performs any of the acts or things specified in this chapter for any insurance company or agent of said company without such company’s having first received a certificate of authority from the Commissioner as required by law shall be punished as for a misdemeanor and …
O.C.G.A. § 33-23-43 Authority of adjusters; penalty for violation
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(a) An adjuster licensed as both an independent and a public adjuster shall not represent both the insurer and the insured in the same transaction. (b) An adjuster shall have authority under his or her license only to investigate, settle, or adjust and report to his or her princi…
O.C.G.A. § 33-23-43.1 Requirements for public adjuster contracts
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(a) Public adjusters shall ensure that all contracts for their services are in writing, prominently captioned and titled ‘‘Public Adjuster Contract,’’ and contain the following: (1) Legible full name of the public adjuster signing the contract, as specified on the license issued b…
O.C.G.A. § 33-23-43.2 Standard of conduct for public adjusters
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(a) A public adjuster is obligated, under his or her license, to serve with objectivity and complete loyalty to the interest of his or her client alone and to render to the insured such information, counsel, and service within the public adjuster’s knowledge, understanding, and o…
O.C.G.A. § 33-23-44 Rules and regulations
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33-23-45. Limitation on applicability of article [Repealed]. 33-23-46. Compensation of licensed counselors; disclosure; exceptions. 33-23-101. 33-23-102. 33-23-103. 33-23-104. 33-23-105. plicability of Code Sections 33-24-59.5 and 33-24-59.14. Licensing of administrators; filing f…
O.C.G.A. § 33-23-45 Limitation on applicability of article
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Reserved. Repealed by Ga. L. 2019, p. 386, § 21/SB 133, effective July 1, 2019. Editor’s notes. — This Code section was based on Code 1981, § 33-23-45, enacted by Ga. L. 1992, p. 2830, § 1; Ga. L. 1997, p. 1296, § 12; Ga. L. 2001, p. 925, § 1. 33-23-46. Compensation of licensed c…
O.C.G.A. § 33-23-46 Compensation of licensed counselors; disclosure; exceptions
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(a) For purposes of this Code section, the term: (1) ‘‘Affiliate’’ means a person that controls, is controlled by, or is under common control with the producer. (2) ‘‘Compensation from an insurer or other third party’’ means payments, commissions, fees, awards, overrides, bonuses…