Title 33 — Title 33
0 chapters · 1,218 sections in this title.
O.C.G.A. § 33-3-12 Requirements as to name of insurer
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(a) No insurer shall be authorized to transact insurance in Georgia which has or uses a name so similar to that of any insurer already so authorized as to cause uncertainty or confusion, except that, in case of conflict of names between two insurers, the Commissioner may permit or…
O.C.G.A. § 33-3-14 Application fee
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33-3-15. Issuance or refusal of certificate of authority generally; determining whether insurer meets definition of reinsurer; designation on certificate. 33-3-16. Expiration of certificate; procedure for renewal; amendment of certificate by Commissioner. 33-3-17. Discretionary refusa…
O.C.G.A. § 33-3-16 Fair access to insurance requirements
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Judicial review of commissioner, §33-33-7. Powers of commissioner, §33-33-4.
O.C.G.A. § 33-3-17 Discretionary refusal, revocation, or suspension of certificate generally
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In addition to any other grounds set forth in this title, the Commissioner may refuse to issue a certificate of authority or after a hearing refuse to renew or may revoke or suspend an insurer’s certificate of authority or place an insurer under administrative supervision if the in…
O.C.G.A. § 33-3-18 Rehabilitation and liquidation
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Conservator of alien or foreign insurer’s property. Commissioner appointed as, §33-37-49. CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA). Assumption reinsurance agreements. Right to keep policy in force not to include right to elect individual coverage under, §33-52-2. CO…
O.C.G.A. § 33-3-19 Mandatory refusal, revocation, or suspension of certificate
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The Commissioner shall refuse to issue or to renew or shall revoke or suspend an insurer’s certificate of authority: (1) If such action is required by any provision of this title; or (2) If the insurer no longer meets the requirements for the authority originally granted on accoun…
O.C.G.A. § 33-3-2 Definitions
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Certificate of authority required for transaction of insurance within state; exceptions. 33-3-3. Qualifications for transaction of insurance generally; transaction of insurance by insurers owned by states, foreign governments. 33-3-4. Kinds of insurance in which insurers may transa…
O.C.G.A. § 33-3-20 Improper claims settlement, §33-6-33
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Payment of claims generally, §§33-24-41 to 33-24-43. Settlement of claims generally, §§33-6-30 to 33-6-37, 33-24-41.1. Unfair claims settlement practices, §33-6-34. Bank holding companies.
O.C.G.A. § 33-3-23 Insurance company deposits
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Designation of trust companies as depositories, §33-12-4. Insurance premium finance companies. Applicability of chapter to, §33-22-16. Inter-American development bank. Insurer’s investments in obligations, §33-11-18. International bank for reconstruction and development. Insurer’s…
O.C.G.A. § 33-3-24 FINES
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Fraternal benefit societies. False or fraudulent statements in application for membership, §33-15-122. False or fraudulent statements in verified report or declaration, §33-15-122. Misrepresentations, false or misleading statements, etc., concerning contracts, §33-15-122. Solicitin…
O.C.G.A. § 33-3-25 Generally, §33-3-25
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Requirements, §33-3-25. Liability insurance, §33-24-41.1. Life insurance. Applications. Requirements, §33-24-6. INSURANCE —Cont’d Policies —Cont’d Life insurance —Cont’d Combination or part of other policies of insurance. Issuance or delivery of policies, §33-25-9. Contesting of …
O.C.G.A. § 33-3-26 Retaliation
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(a) When by or pursuant to the laws of any other state or foreign country any taxes, licenses, and other fees in the aggregate and any fines, penalties, deposit requirements, or other material obligations, prohibitions, or restrictions are or would be imposed upon Georgia insurers…
O.C.G.A. § 33-3-27 Reports of awards under medical malpractice insurance policies
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(a) For the purposes of this Code section, the term: (1) ‘‘High/low agreement’’ means a settlement in which a defendant agrees to pay the plaintiff a minimum recovery in return for the plaintiff’s agreement to accept a maximum amount regardless of the outcome of the trial. (2) ‘‘…
O.C.G.A. § 33-3-28 Political subdivisions
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Injuries resulting from governmental ownership and use of motor vehicles, §33-24-51. Premium finance companies, §§33-22-1 to 33-22-16. Premiums. Discount. Workers’ compensation insurance. Drug-free workplace program, §33-9-40.2. Work based learning employers, certification as, §33-…
O.C.G.A. § 33-3-29 Licensing of foreign state insurers as domestic insurers
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(a) Any insurer which is organized under the laws of any other state and is admitted to do business in this state for the purpose of writing insurance may become a domestic insurer by complying with all of the requirements of this title relative to the organization and licensing …
O.C.G.A. § 33-3-3 Stays
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Rehabilitation and liquidation. Stay of proceeding during pendency of liquidation proceeding, §33-37-56. Stock and stockholders.
O.C.G.A. § 33-3-30 Automobile clubs
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Not subject to insurance laws. Performing defined services, §§33-61-1, 33-61-2. Bad faith refusal to pay claims, §§33-3-20, 33-4-6. Diligence in processing claims, §33-3-20. Improper claims settlement, §33-6-33.
O.C.G.A. § 33-3-4 Kinds of insurance in which insurers may transact
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An insurer which otherwise qualifies to transact insurance in Georgia may be authorized to transact any one kind or combination of kinds of insurance as defined in Chapter 7 of this title except: (1) A reciprocal insurer shall not transact life insurance; (2) A Lloyd’s insurer shal…
O.C.G.A. § 33-3-5 Classification of kinds of insurance
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For the purpose of this chapter, the kinds of insurance defined in Chapter 7 of this title shall be arranged in the following six classes: (1) Life, accident, and sickness; (2) Property, marine, and transportation; (3) Casualty; (4) Surety; (5) Title; and (6) Health maintenance or…
O.C.G.A. § 33-3-6 Requirements as to capital stock or surplus generally
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(a) On or after July 1, 2000, to qualify for an original certificate of authority to transact one or more classes of insurance, an insurer shall possess and thereafter maintain a minimum of $1.5 million in capital stock or in surplus. (b) As to surplus required for initial qualific…
O.C.G.A. § 33-3-7 Requirement of surplus for new insurers
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In addition to the minimum paid-in capital or minimum surplus of insurers required by this title, an insurer shall possess when first authorized in this state and thereafter maintain surplus or additional surplus equal to the larger of $1.5 million if a stock, mutual, or reciproca…
O.C.G.A. § 33-3-8 Requirements as to deposit of securities generally
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(a) The Commissioner shall not issue a certificate of authority to transact insurance to any insurer unless the insurer has deposited in trust with this state securities eligible for the investment of capital funds of domestic insurers under this title in an amount not less than t…
O.C.G.A. § 33-4-1 Venue of actions
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Except for actions arising against unauthorized insurers or under surplus line contracts which are provided for in Chapter 5 of this title, whenever any person shall have a claim or demand on any insurer, such person may bring an action in any of the following places: (1) In the …
O.C.G.A. § 33-4-2 Domestic insurers, service of process
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Service of process against a domestic insurer may be made upon the insurer corporation in the manner provided by laws applying to corporations generally or upon the insurer’s attorney in fact if a reciprocal insurer or a Lloyd’s association. History. — Code 1933, § 56-1202, enact…
O.C.G.A. § 33-4-3 Alien or foreign insurers, service of process generally
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Each authorized alien or foreign insurer shall make the following appointments for service of process: (1) Each insurer shall file with the Commissioner a power of attorney appointing a person who is a resident of this state to receive service of legal process issued against it in…
O.C.G.A. § 33-4-5 Agents, brokers, solicitors, etc
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Fees and taxes, §33-8-2. 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 foreign, §33-3-1. Deposit of securities, §33-3-9. Additional special depos…
O.C.G.A. § 33-4-6 Progressive Ins
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Co. v. Horde, 259 Ga. App. 769, 577 S.E.2d 835 (2003). District court did not err when the court found that an insurance company was entitled to summary judgment on an insured’s claims that the company committed breach of contract and was liable for bad faith penalties under O.C.…
O.C.G.A. § 33-5-1 Representation of unauthorized insurers prohibited
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(a) No person in this state shall: (1) Represent an insurer who is not at the time duly authorized to transact insurance in this state in the solicitation, negotiation, or effectuation of insurance, inspection of risks, fixing of rates, investigation or adjustment of losses, colle…
O.C.G.A. § 33-5-2 Unclaimed property
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Rehabilitation and liquidation. Claims. Disposition of unclaimed funds subject to distribution, §33-37-44. Unfair trade practices, §§33-6-1 to 33-6-14. Advisory organizations, §33-9-18.
O.C.G.A. § 33-5-20 Short title
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33-5-20.1. Definitions. 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 requirements. 33-5-21. Authorization of procurement…
O.C.G.A. § 33-5-20.1 Definitions
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As used in this article, the term: 187 33-5-20.1 INSURANCE 33-5-20.1 (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…
O.C.G.A. § 33-5-21.1 Application of Chapter 9 or Code Section 33-24-9
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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. Editor’s notes. — Ga. L. 1997, p. 1581, §…
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; 193 33-5-25 (2) If the broker fails to maintain an office in this state, or to keep records, or to allow the Commiss…
O.C.G.A. § 33-5-25 Change in identity of insurer
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Issuance of substitute certificate, etc., §33-5-27. Commissioner of insurance. Service of process on commissioner, §33-5-34. Conditions of procurement, §33-5-21.
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 Representation of unauthorized insurers prohibited
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Validity of contracts effectuated by unauthorized insurers; dissemination of advertising for or on behalf of unauthorized insurers. Penalty for violations of chapter. 33-5-28. 33-5-29. Article 2 33-5-30. Surplus Line Insurance PART 1 33-5-31. GENERAL PROVISIONS 33-5-20. Short tit…
O.C.G.A. § 33-5-3 Penalty for violations of chapter
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Any person, firm, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor. History. — Code 1933, § 56-9915, enacted by Ga. L. 1960, p. 289, § 1. 186 T.33, C.5, A.2 REG. OF UNAUTHORIZED INSURERS 33-5-20.1 ARTICLE 2 SURPLUS LINE INSURANCE
O.C.G.A. § 33-5-30 Exempt commercial purchasers
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Defined, §33-5-20.1. Due diligence by broker, when not required, §33-5-21. False certificates. Issuance by broker, §33-5-27. Financial condition of insurer. Capital and surplus requirements, §33-5-25. Indorsement of contract by broker, §33-5-26. Issuance to insured by broker of evi…
O.C.G.A. § 33-5-32 Recordkeeping duties
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Policies written or renewed, §33-5-28. Reports of affairs and operations, §33-5-29. Tax for privilege of doing business, §33-5-31. Penalty for failure to remit within prescribed time, §33-5-32. Bulk insurance agreements. Domestic stock insurers, §33-14-40. Business corporations. …
O.C.G.A. § 33-5-34 ANTI-CANCER DRUG THERAPY
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Insurance coverage. Conditions of coverage, §33-53-2. Definitions, §33-53-1. Exceptions, §33-53-4. APPEALS. Essential rural health care provider access. Denied providers, §33-20B-5. Fraternal benefit societies. Review of decisions and findings of commissioner, §33-15-121. Health mai…
O.C.G.A. § 33-5-35 Endorsement of insurance contract by broker
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Issuance to insured by broker of evidence of insurance; issuance of substitute certificate or endorsement; delivery of policy to insured; penalties. Maintenance by broker of records of policies written or renewed. Filing of quarterly affidavits by surplus line brokers; filing of re…
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. § 33-5-43 SLIMPACT-lite
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Agreements to substantially follow, §33-5-42. Procurement, §33-5-21. Application of provisions, §33-5-21.1. Contracts procured from unauthorized insurers. Filing of report by persons procuring insurance, §33-5-33. Validity and enforceability, §33-5-30. 1210 INDEX INSURANCE —Cont’…
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 Unfair trade practices
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Chapter governing, §33-6-14. Insurance policies, §33-24-16. Insurance rating and advisory organizations. General chapter governing, §33-9-1. INTERSTATE COMPACTS. Insurance. Interstate insurance product regulation compact, §§33-59A-1, 33-59A-2. INTERSTATE INSURANCE PRODUCT REGULAT…
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. § 33-5-53 Captive insurance companies
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Rulemaking authority, §§33-41-24, 33-41-25. Sponsored captive insurance companies. Protected cells, prior written consent, §33-41-102. Certificates of authority. Amendment by commissioner, §33-3-16. Fair access to insurance requirements.
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. § 33-5-57 Right of service
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Effect of article on, §33-5-55. Solicitors. Service upon, §33-5-54. Surplus line insurance. Generally, §§33-5-20 to 33-5-44. 1258 INDEX INSURANCE COMPANIES —Cont’d Unauthorized insurers —Cont’d Unauthorized insurers process act. Applicability, §33-5-59. Short title, §33-5-50. Val…