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Georgia Statutes, Title 33

Georgia/Statutes

← All Georgia coverage

Title 33

73 chapters · 1,492 sections in this title.

All chapters in Title 331,492 Ch 24, INSURANCE GENERALLY134 Ch 14, DOMESTIC STOCK AND MUTUAL INSURERS78 Ch 11, INVESTMENTS72 Ch 23, LICENSING62 Ch 37, INSURERS REHABILITATION AND LIQUIDATION59 Ch 9, REGULATION OF RATES, UNDERWRITING RU…49 Ch 15, FRATERNAL BENEFIT SOCIETIES38 Ch 5, REGULATION OF UNAUTHORIZED INSURERS37 Ch 41, CAPTIVE INSURANCE COMPANIES34 Ch 20, HEALTH CARE PLANS33 Ch 3, AUTHORIZATION AND GENERAL REQUIREMEN…32 Ch 2, DEPARTMENT AND COMMISSIONER31 Ch 17, RECIPROCAL INSURERS31 Ch 21, HEALTH MAINTENANCE ORGANIZATIONS31

1,492 sections·Filtered byTitle 33✕

O.C.G.A. § 33-5-20.1 Deﬁnitions
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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 …
O.C.G.A. § 33-5-20.2 Criteria for domestic surplus lines insurer; construction with federal provisions; eligibility to write insurance; taxes; protection; ﬁnancial and solvency requirements; exemption from statutory requi
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(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…
O.C.G.A. § 33-5-21 Authorization of procurement of surplus line insurance; conditions; procuring or placing nonadmitted insurance for exempt commercial purchaser
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(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…
Application of Chapter 9 or Code Section 33-24-9

Showing 101–150 of 1,492

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O.C.G.A. § 33-5-21.1

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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.

O.C.G.A. § 33-5-22 Licensing of surplus line brokers generally

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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, …

O.C.G.A. § 33-5-23 Revocation or suspension of broker’s license

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(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…

O.C.G.A. § 33-5-24 Acceptance and placement of business by surplus line brokers generally

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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 …

O.C.G.A. § 33-5-25 Broker to ascertain ﬁnancial condition of unauthorized insurer prior to placement of insurance therewith; placement of insurance with foreign or alien insurers

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(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…

O.C.G.A. § 33-5-26 Endorsement of insurance contract by broker

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(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 …

O.C.G.A. § 33-5-27 Issuance to insured by broker of evidence of insurance; issuance of substitute certiﬁcate or endorsement; delivery of policy to insured; penalties

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(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…

O.C.G.A. § 33-5-28 Maintenance by broker of records of policies written or renewed

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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…

O.C.G.A. § 33-5-29 Filing of quarterly affidavits by surplus line brokers; ﬁling of reports of affairs and operations by brokers

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(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…

O.C.G.A. § 33-5-31 Payment by broker of tax for privilege of doing business; computation and allocation of tax

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(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…

O.C.G.A. § 33-5-32 Penalty for failure to ﬁle quarterly affidavit or remit tax within time prescribed by law; collection and disposition of penalty

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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 …

O.C.G.A. § 33-5-33 Filing of report by persons procuring insurance with unauthorized insurers; levy, collection, and disposition of tax by persons procuring such insurance

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(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…

O.C.G.A. § 33-5-34 Venue of actions against unauthorized insurers issuing surplus line policies; service of process; ﬁling of pleading by insurer

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(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…

O.C.G.A. § 33-5-35 Applicability of article

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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…

O.C.G.A. § 33-5-40 Legislative ﬁndings

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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…

O.C.G.A. § 33-5-41 Governor authorized to enter into cooperative agreement, compact, or reciprocal agreement for collection of insurance premium taxes

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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…

O.C.G.A. § 33-5-42 Agreement to substantially follow form of model Surplus Lines Insurance Multi-State Compliance Compact

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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…

O.C.G.A. § 33-5-43 Governor to select agreement providing best ﬁnancial advantage

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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…

O.C.G.A. § 33-5-44 Notice; report

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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…

O.C.G.A. § 33-5-50 Short title; construction

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(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…

O.C.G.A. § 33-5-51 Purpose of article

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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…

O.C.G.A. § 33-5-52 Acts by insurer which constitute appointment of Commissioner as agent for service

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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 …

O.C.G.A. § 33-5-53 Service of action and process upon Commissioner; sending of notice of service to defendant; applicability

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(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 …

O.C.G.A. § 33-5-54 Service of process upon solicitor, collector, or other agent of insurer

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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…

O.C.G.A. § 33-5-55 Mode of service prescribed by article cumulative

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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.

O.C.G.A. § 33-5-56 Right of plaintiff or complainant to default judgment or judgment with leave to prove damages

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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…

O.C.G.A. § 33-5-57 Conditions precedent to ﬁling of pleadings by insurer generally; granting of postponements; ﬁling by insurer of motion to quash writ or set aside service

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(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…

O.C.G.A. § 33-5-58 Recovery of penalty and attorney’s fees by plaintiff; effect of failure of insurer to defend action

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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…

O.C.G.A. § 33-5-59 Applicability of article

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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…

O.C.G.A. § 33-5-30 INDEX INSURANCE —Cont’d Surplus line insurance —Cont’d Records of policies written or renewed

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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 …

O.C.G.A. § 33-6-1 Purpose of article

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The purpose of this article is to regulate trade practices in the business of insurance in accordance with the intent of Congress as expressed in the act of Congress of March 9, 1945 (Public Law 15, 79th Congress), by deﬁning or providing for the determination of all practices in…

O.C.G.A. § 33-6-10 Orders of Commissioner and judicial review

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(a) Any order, decision, or the imposition of any penalty by the Commissioner shall be subject to review by petition for review as provided in Chapter 2 of this title. The Commissioner’s ﬁnding upon questions of fact shall be ﬁnal if sustained by substantial evidence. (b) To the …

O.C.G.A. § 33-6-11 Intervenor appeal for judicial review

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If the report of the Commissioner does not charge a violation of this article, any intervenor in the proceedings may cause a review of such decision by appeal to the Superior Court of Fulton County as provided for in Chapter 2 of this title. Upon that review, the court shall have…

O.C.G.A. § 33-6-12 Promulgation of rules and regulations by Commissioner

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The Commissioner after notice and hearing may promulgate reasonable rules and regulations as are necessary or proper to identify speciﬁc methods of competition or acts or practice which are prohibited by Code Sections 33-6-4 and 33-6-5; but the rules and regulations shall not enl…

O.C.G.A. § 33-6-13 Unlawful contracts, understandings, and combinations; powers of Commissioner as to enforcement of Code section

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(a) No person shall either within or outside of this state enter into any contract, understanding, or combination with any other person to do jointly or severally any act or engage in any practice for the purpose of or that has a tendency to or the effect of: (1) Controlling the …

O.C.G.A. § 33-6-14 Construction of article

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(a) The powers vested in the Commissioner by this article shall be in addition to any other powers to enforce any penalties, ﬁnes, or forfeitures authorized by law with respect to the methods, acts, and practices declared to be unfair or deceptive by this article. (b) Nothing con…

O.C.G.A. § 33-6-2 ‘‘Person’’ deﬁned

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As used in this article, the term ‘‘person’’ means an individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd’s insurer, fraternal beneﬁt society, and any other legal entity engaged in the business of insurance, including but not limited to age…

O.C.G.A. § 33-6-3 Unfair methods of competition or unfair and deceptive acts or practices prohibited

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No person shall engage in this state in any trade practice which is deﬁned in this article as or determined pursuant to this article to be an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. History. — Code 1933, § 56-703, enact…

O.C.G.A. § 33-6-4 Enumeration of unfair methods of competition and unfair or deceptive acts or practices; penalty

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(a) As used in this Code section, the term: (1) ‘‘Gift certiﬁcate’’ shall have the same meaning as provided in Code Section 10-1-393. (2) ‘‘Policy’’ means any insuring bond issued by an insurer. (3) ‘‘Store gift card’’ shall have the same meaning as provided in Code Section 10-1-…

O.C.G.A. § 33-6-5 Other unfair methods of competition and unfair and deceptive acts or practices

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In addition to Code Section 33-6-4, violations of the following provisions also are deﬁned as unfair methods of competition and unfair and deceptive acts or practices in the business of insurance: (1) No insurance company shall issue or cause to be issued any policy of insurance …

O.C.G.A. § 33-6-6 Power of Commissioner as to investigation of unfair or deceptive acts or practices generally

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(a) The Commissioner shall have the power to examine and investigate into the affairs of every person engaged in the business of insurance in this state in order to determine whether the person has been or is engaged in any unfair method of competition or in any unfair or decepti…

O.C.G.A. § 33-6-7 Conduct of hearings by Commissioner; rights of person being investigated; powers of Commissioner; service of process

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(a) Whenever the Commissioner shall have reason to believe that any person has been engaged or is engaging in this state in any unfair method of competition or any unfair or deceptive act or practice, whether or not deﬁned in Code Sections 33-6-4 and 33-6-5, and have reason to be…

O.C.G.A. § 33-6-8 Issuance of cease and desist orders; issuance of orders providing for other relief; change in orders; date on which orders appealable

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(a) If, after the hearing provided for in Code Section 33-6-7, the Commissioner shall determine that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice, he shall reduce his ﬁndings to writing and shall issue and cause to be…

O.C.G.A. § 33-6-9 Penalties for violations of cease and desist orders

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After notice and hearing and upon order of the Commissioner, any person who violates a cease and desist order under Code Section 33-6-8, while the order is in effect may, at the discretion of the Commissioner, be subject to any one or more of the following: (1) A monetary penalty…

O.C.G.A. § 33-6-30 Short title

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This article shall be known and may be cited as the ‘‘Unfair Claims Settlement Practices Act.’’ History. — Code 1981, § 33-6-30, enacted by Ga. L. 1992, p. 3048, § 9.

O.C.G.A. § 33-6-31 Purpose

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The purpose of this article is to set forth standards for the investigation and disposition of claims arising under policies or certiﬁcates of insurance issued to residents of Georgia. It is not intended to cover claims involving workers’ compensation, ﬁdelity, or surety insuranc…

O.C.G.A. § 33-6-32 Deﬁnitions

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As used in this article, the term: (1) ‘‘Insured’’ means the party named on a policy or certiﬁcate or as deﬁned in the contract as the person with legal rights to the beneﬁts provided by such policy or certiﬁcate. (2) ‘‘Person’’ means an individual, corporation, association, part…