Title 33

As used in this article, the term: (1) ‘‘Domestic surplus lines insurer’’ means a nonadmitted insurer that is domiciled in this state with which a surplus lines broker may place surplus lines insurance; (1.1) ‘‘Exempt commercial purchaser’’ means any person purchasing commercial …

(a) A nonadmitted insurer that is domiciled in this state shall be deemed a domestic surplus lines insurer if all of the following criteria are satisfied: (1) The insurer shall possess a policyholder surplus of at least $15 million; (2) The insurer is an eligible surplus lines ins…

(a) Surplus line insurance may be procured from unauthorized insurers subject to the following conditions: (1) The insurance must be procured through a licensed surplus line broker; (2) The insurance may only be procured from insurers which meet the financial condition requirement…

Insurance placed in accordance with this article shall not be subject to the provisions of Chapter 9 of this title or Code Section 33-24-9. History. — Code 1981, § 33-5-21.1, enacted by Ga. L. 1997, p. 1581, § 1; Ga. L. 1997, p. 683, § 1.

A surplus lines broker shall be licensed in accordance with Code Section 33-23-37. History. — Code 1933, § 56-618, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1965, p. 248, § 1; Ga. L. 1973, p. 499, § 1; Ga. L. 1985, p. 1239, § 1; Ga. L. 1988, p. 1519, § 1; Ga. L. 1992, p. 2725, …

(a) The Commissioner shall revoke any surplus line broker’s license: (1) If the broker fails to file his quarterly affidavit or to remit the tax as required by law; (2) If the broker fails to maintain an office in this state, or to keep records, or to allow the Commissioner to exa…

A licensed surplus line broker may accept and place surplus line business for any insurance agent or broker licensed in this state for the kind of insurance involved and may compensate such agent or broker for the surplus line business. History. — Code 1933, § 56-619, enacted by …

(a) The broker shall ascertain the financial condition of the unauthorized insurer before placing insurance with the unauthorized insurer and shall not place surplus line insurance with any insurer who does not meet, according to current available reliable financial information, th…

(a) Every insurance contract procured and delivered as a surplus line coverage shall be initialed by or bear the name of the surplus line broker who procured it and shall have printed or stamped upon it the following: ‘‘This contract is registered and delivered as a surplus line …

(a) Upon placing a surplus line coverage, the broker shall promptly issue and deliver to the insured evidence of the insurance consisting either of the policy as issued by the insurer or, if the policy is not then available, the surplus line broker’s certificate. The certificate sh…

Each licensed surplus line broker shall keep in his office a separate account of each policy written or renewed showing the exact amount of insurance placed, the name and post office address of the insured, the name and home address of the insurer, the location of the insured pro…

(a) Each surplus line broker shall file with the Commissioner, on a quarterly basis, an affidavit executed by the surplus line broker setting forth the facts referred to in Code Section 33-5-21. Such affidavit shall furnish certificate or cover note number, name of insured, the amo…

(a) The surplus line broker shall remit to the Commissioner, on or before the fifteenth day of April, July, October, and January, at the time his or her quarterly affidavit is submitted, as a tax imposed for the privilege of doing business as a surplus line broker in this state, a…

If any surplus line broker fails to file his or her quarterly affidavit or fails to remit the tax as provided by law within 30 days after the tax is due, he or she shall be liable for a penalty of either $25.00 for each day of delinquency commencing after the expiration of the 30 …

(a) Every insured who in this state procures or causes to be procured or continues or renews insurance with an unauthorized insurer upon a subject of insurance resident, located, or to be performed both within and outside this state, other than insurance procured through a surplu…

(a) An action shall be brought against any unauthorized insurer under any contract issued by it as a surplus line contract pursuant to this chapter in the superior court of the county in which the cause of action arose. (b) Every unauthorized insurer issuing or delivering a surpl…

This article controlling the placing of insurance with unauthorized insurers shall not apply to reinsurance or to the following insurance when so placed by licensed agents or brokers of this state: (1) Insurance on property or operation of railroads engaged in interstate commerce…

The General Assembly finds the federal Nonadmitted and Reinsurance Reform Act of 2010, which was incorporated into the federal Dodd-Frank Wall Street Reform and Consumer Protection Act, P.L. 111-203, provides that only an insured’s home state may require premium tax payment for no…

The Governor, on behalf of the state, advised by and in consultation with the Commissioner, is authorized to enter into a cooperative agreement, compact, or reciprocal agreement with another state or states for the purpose of the collection of insurance premium taxes imposed by C…

The cooperative agreement, compact, or reciprocal agreement for the purpose of the collection of insurance premiums imposed by Code Section 33-5-31 shall substantially follow the form of the model Surplus Lines Insurance Multi-State Compliance Compact, also known as SLIMPACT-lite…

The Governor with the consultation and advice of the Commissioner shall select the agreement, if any, that provides the best financial advantage to the state. In determining which agreement, if any, provides the best financial advantage to the state, the Governor with the consultat…

In the event the Governor enters into a cooperative agreement, compact, or reciprocal agreement with another state or states as authorized under this part, notice of such action shall be communicated to the chairperson of the House Committee on Insurance and the chairperson of th…

(a) This article constitutes and may be cited as the ‘‘Unauthorized Insurers Process Act.’’ (b) This article shall be so interpreted as to effectuate its general purpose to make uniform the law of those states which enact it. History. — Code 1933, § 56-603, enacted by Ga. L. 1960…

The purpose of this article is to subject certain insurers to the jurisdiction of the courts of this state in actions by or on behalf of insureds or beneficiaries under insurance contracts. The General Assembly declares that it is a subject of concern that many residents of this s…

Any of the following acts in this state effected, by mail or otherwise, by an unauthorized foreign or alien insurer: (1) The issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business in this state; (2) The solicitation …

(a) Service shall be made by delivery to and leaving with the Commissioner or some person in apparent charge of his office two copies of the action and process. (b) At the time of such service, the plaintiff shall pay the Commissioner the sum of $15.00, which shall be taxable as …

Service of process in any action or proceeding shall be valid if served upon any person within this state who, in this state on behalf of the insurer, is: (1) Soliciting insurance; (2) Making, issuing, or delivering any contract of insurance; or (3) Collecting or receiving any pr…

Nothing in this article shall limit or abridge the right to serve any process, notice, or demand upon any insurer in any other manner now or hereafter permitted by law. History. — Code 1933, § 56-609, enacted by Ga. L. 1960, p. 289, § 1.

No plaintiff or complainant shall be entitled to a judgment by default or to a judgment with leave to prove damages under this Code section until the expiration of 30 days from date of the filing of the affidavit of compliance. History. — Code 1933, § 56-608, enacted by Ga. L. 196…

(a) Before any unauthorized insurer shall file or cause to be filed any pleadings in any action or proceeding instituted against it, such unauthorized insurer shall either: (1) Deposit with the clerk of the court in which such action or proceeding is pending cash or securities or fi…

In any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this state or to a resident of this state or to a corporation authorized to do business in this state, if the insurer has failed for 30 days after demand prior to th…

This article shall not apply to any action or proceeding against any unauthorized insurer arising out of any contract of: (1) Reinsurance effectuated in accordance with the laws of Georgia; (2) Surplus line insurance authorized by this chapter; (3) Insurance on property or operat…

Maintenance by broker, §33-5-28. Report by persons procuring, etc., insurance with unauthorized insurers, §33-5-33. Surplus line insurance law. Short title, §33-5-20. Taxes. Broker’s tax for privilege of doing business, §§33-5-31, 33-5-32. Persons procuring, etc., insurance with …