Title 33

(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…

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…

(a) Nothing in this chapter shall prevent the placing of surplus lines of insurance when authorized and permitted under this title. (b) Any person, while licensed as a resident agent as to property, casualty, and surety insurance and who is deemed by the Commissioner to be compet…

(a) No agent or limited subagent shall place any insurance or receive any remuneration in regard to any insurance of a classification outside the scope of such agent’s or limited subagent’s license, nor shall the agent or limited subagent share a commission except with an agent li…

No insurer shall issue, make, write, place, or cause to be made, written, placed, or issued any contract of insurance, indemnity, or suretyship covering risks or property located or having a situs in this state or covering any liability created by or arising under the laws of thi…

(a)(1) A person shall not sell, solicit, or negotiate insurance in this state for any class or classes of insurance unless such person is licensed for that line of authority in accordance with this article and applicable regulations. (2) Any individual who sells, solicits, or neg…

Any contract of insurance issued by a person prohibited by this chapter from so issuing it shall not be rendered unenforceable by reason of the violation of this chapter, but all persons knowingly participating in the violation shall be subject to the provisions of Chapter 2 of t…

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…

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 …

(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…

(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…

(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…

(a) The Commissioner may establish rules and regulations with respect to: (1) The classification of applicants according to the kinds of insurance to be effected by them if licensed; (2) The scope, type, and conduct of written examinations to be given pursuant to this chapter and …

(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…

(a) For the protection of the people of this state, the Commissioner shall not issue, continue, or permit to exist any license, except in compliance with this chapter and except as provided in Code Sections 33-23-3, 33-23-4, 33-23-12, 33-23-13, 33-23-14, 33-23-16, 33-23-17, 33-23…

(a) As used in this Code section, the term ‘‘conviction data’’ means a record of a finding or verdict of guilty or plea of guilty or nolo contendere with regard to any crime regardless of whether an appeal of the conviction has been sought. (b) With respect to the requirements of …

In addition to other applicable provisions of this chapter, an applicant for a public adjuster’s license must have previously filed a bond as required by rule or regulation of the Commissioner. History. — Code 1981, § 33-23-6, enacted by Ga. L. 1992, p. 2830, § 1; Ga. L. 2001, p. …

In addition to other applicable provisions of this chapter, an applicant for a counselor’s license must have previously filed a bond as required by rule or regulation by the Commissioner. History. — Code 1981, § 33-23-7, enacted by Ga. L. 1992, p. 2830, § 1; Ga. L. 2001, p. 925, §…

(a) An individual applicant for any license required by this chapter shall file with the Commissioner an application upon forms prescribed by the Commissioner. (b) If the application is for an agent’s or limited subagent’s license, the application shall state the kinds of insuranc…

The rules and regulations of the Commissioner shall designate textbooks, manuals, and other materials to be studied by the applicant in preparation for examinations in each classification designated by the Commissioner. The textbooks, manuals, or other materials may consist of mat…

(a) As used in this article, the term: (1) ‘‘Administrator’’ means any business entity that, directly or indirectly, collects charges, fees, or premiums; adjusts or settles claims, including investigating or examining claims or receiving, disbursing, handling, or otherwise being …

(a) No business entity shall act as or hold itself out to be an administrator in this state, other than an adjuster licensed in this state for the kinds of business for which it is acting as an administrator, unless such business entity holds a license as an administrator issued …

(a) Every applicant for an administrator’s license shall file with the application and shall thereafter maintain in force a bond in favor of the Commissioner executed by a corporate surety insurer authorized to transact insurance in this state. The terms and type of the bond, incl…

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.

Requirements and procedures for written agreements, payments to administrators, maintenance of information, approval of advertising, underwriting provisions, premium collection, payment of claims, claim adjustment or settlement, notifications, and other matters involving administr…

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…

The General Assembly finds that the provisions of the federal Patient Protection and Affordable Care Act may cause the formation of health insurance exchanges operating in Georgia under federal law and employing navigators or navigator entities whose role will be to direct individ…

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…

(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…

(a) Violation of any provision of this title or the federal act, including any act or omission that would be a ground for denial, suspension, or revocation of the license of an agent as defined in Article 1 of this chapter, shall be a ground for denial, suspension, or revocation o…

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.

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. CHAPTER 24 INSURANCE GENERALLY Sec.

As used in this chapter, the term: (1) ‘‘Policy’’ means the written contract of or written agreement for or effecting insurance. The term includes all clauses, riders, endorsements, and papers attached or issued and delivered for attachment to the contract or agreement and made a…

The Commissioner shall disapprove any form filed under Code Section 33-24-9 or withdraw any previous approval of such form only: (1) If it is in any respect in violation of or does not comply with this title; (2) If it contains or incorporates by reference any inconsistent, ambigu…

The Commissioner is authorized to establish by rule or regulation a standard or uniform claim form to be supplied by insurers to their insureds for the purpose of filing claims under policies or contracts of accident and sickness insurance. The Commissioner shall file and maintain …

(a) The Commissioner may waive the required use of a particular provision in a particular insurance policy form or annuity or endowment contract form if the Commissioner finds such provision unnecessary for the protection of the insured or inconsistent with the purposes of the pol…

(a) Any insurance policy, rider, or endorsement issued and otherwise valid which contains any condition or provision not in compliance with the requirements of this title shall not be rendered invalid due to the noncomplying condition or provision but shall be construed and appli…

Every insurance policy shall be executed in the name of and on behalf of the insurer by its officer, attorney in fact, employee, or representative duly authorized by the insurer. A facsimile signature of any executing individual may be used in lieu of an original signature. Histo…

A policy of insurance or an annuity or endowment contract shall run from midday of the date of the policy or contract; and the time shall be calculated accordingly if the policy or contract is to be in force for a specified period of time unless the hour and minute of attachment o…

Every insurance contract shall be construed according to the entirety of its terms and conditions as set forth in the policy and as amplified, extended, or modified by any rider, endorsement, or application made a part of the policy. History. — Orig. Code 1863, § 2748; Code 1868, §…

(a) The term ‘‘actual charge’’ or ‘‘actual fee,’’ when used in an individual or group specified disease insurance policy, shall mean the amount actually paid by or on behalf of an insured person and accepted as full payment by a health care provider or other designated person for …

A policy may be assignable or not assignable, as provided by its terms. Subject to its terms relating to assignability, any life or accident and sickness policy issued under the terms of which the beneficiary may be changed upon the sole request of the policy owner may be assigned…

(a) The written instrument in which a contract of insurance is set forth is the policy. (b) Every policy shall specify: (1) The names of the parties to the contract; (2) The subject of the insurance; (3) The risks insured against; (4) The time when the insurance under the policy …

No policy shall contain any provisions purporting to make any portion of the charter, bylaws, or other constituent document of the insurer a part of the contract unless the portion is set forth in full in the policy. Any policy provision in violation of this Code section shall be…

(a) As used in this Code section, the term: (1) ‘‘Certificate’’ or ‘‘certificate of insurance’’ means any document or instrument, no matter how titled or described, which is prepared or issued by an insurer or insurance producer as evidence of property or casualty insurance coverag…

This chapter applies to all insurance policies and to annuities and pure endowment contracts as defined in Code Section 33-28-1 except: (1) Reinsurance; (2) Policies or contracts not issued for delivery in this state or delivered in this state, except as provided in subsection (e)…