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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 33. INSURANCE |
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Chapter 23. LICENSING |
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Article 1. AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS |
| § 33-23-1. Definitions |
| § 33-23-1.1. Counselor's additional ancillary services considered a separate transaction |
| § 33-23-2. Licenses to be issued only to individuals |
| § 33-23-3. Agency licensing and biennual renewals; ownership restrictions |
| § 33-23-4. License required; restrictions on payment or receipt of commissions; positions indirectly related to sale, solicitation, or negotiation of insurance excluded from licensing requirements |
| § 33-23-5. Qualifications and requirements for license |
| § 33-23-5.1. Conviction data |
| § 33-23-6. Bond requirements for applicants for adjuster's license |
| § 33-23-7. Bond requirement for applicants for counselor's license |
| § 33-23-8. Form and contents of license application; fees |
| § 33-23-9. Study materials for applicants |
| § 33-23-10. Examination of applicants |
| § 33-23-11. Issuance and contents of license; display certificate of licensure |
| § 33-23-12. Limited licenses |
| § 33-23-13. Temporary licenses |
| § 33-23-14. Probationary licenses |
| § 33-23-15. Additional licenses |
| § 33-23-16. Licensing of nonresidents |
| § 33-23-17. Registration of nonresident representatives to represent life insurers in military installations in foreign countries |
| § 33-23-18. Issuance of license on biennial basis; filing for renewal; continuing education requirements; transition from annual renewal to biennial renewal |
| § 33-23-19. Placing of license on inactive status; subsequent revocation |
| § 33-23-20. Effect of license suspension or placement of license on inactive status |
| § 33-23-21. Grounds for refusal, suspension, or revocation of license |
| § 33-23-22. Notice of suspension or revocation of license; hearing; appeals |
| § 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 |
| § 33-23-26. Agent's certificate of authority |
| § 33-23-27. Subagent's certificate of authority |
| § 33-23-28. Scope of subagent's authority; record of transactions |
| § 33-23-29. Authority of agent to act as adjuster; nonresident adjusters; reciprocal agreements |
| § 33-23-29.1. Licensing of nonresident counselors |
| § 33-23-30. Restrictions on signing by agents |
| § 33-23-31. Risk situs; service on nonresidents; venue of action |
| § 33-23-32. Countersigning by resident agents not required generally; exceptions; commissions |
| § 33-23-33. Duty of licensees to provide current information of names and addresses |
| § 33-23-34. Records of transactions |
| § 33-23-35. Reporting and disposition of premiums |
| § 33-23-36. Inquiry into illegal or improper conduct |
| § 33-23-37. Licensing of surplus lines broker; application; bond; written examination |
| § 33-23-38. Placing insurance beyond scope of license or with nonlicensed insurers prohibited; restrictions on sharing commissions; penalty for violation |
| § 33-23-39. Placing of insurance through unlicensed agent prohibited; exception relating to construction project bid bonds |
| § 33-23-40. Contracts issued by unauthorized persons not rendered unenforceable; participants guilty of misdemeanor |
| § 33-23-41. Liability and penalties for unauthorized acts |
| § 33-23-42. Performing acts for unauthorized insurer |
| § 33-23-43. Authority of adjusters; penalty for violation |
| § 33-23-44. Rules and regulations |
| § 33-23-45. Limitation on applicability of article |
| § 33-23-46. Compensation of licensed counselors; disclosure; exceptions |
REFS & ANNOS
TITLE 33 Chapter 23 Article 1 NOTE
EDITOR'S NOTES. --Ga. L. 1992, p. 2830, § 1, effective July 1, 1992, repealed the Code sections formerly codified as Articles 1 and 2 and enacted the current Article 1 in their place. The same Act also renumbered former Article 3 as Article 2. Former Articles 1 and 2 were based on Ga. L. 1960, p. 289, § 1; Ga. L. 1965, p. 368, § 1; Ga. L. 1968, p. 369, § 1; Ga. L. 1966, p. 283, § 1; Ga. L. 1966, p. 315, § 1; Ga. L. 1967, p. 630, § 1; Ga. L. 1969, p. 489, § 1; Ga. L. 1969, p. 583, §§ 1, 2; Ga. L. 1970, p. 492, § 1; Ga. L. 1972, p. 489, § 1; Ga. L. 1975, p. 1232, § 1; Ga. L. 1976, p. 535, §§ 1,2; Ga. L. 1979, p. 882, §§ 1, 2; Ga. L. 1980, p. 516, §§ 1, 2; Ga. L. 1980, p. 1163, §§ 1-5, 7, 8; Ga. L. 1981, p. 1789, §§ 1-4; Ga. L. 1982, p. 3, § 33; Ga. L. 1985, p. 1087, § 4; Ga. L. 1988, p. 1519, §§ 5-8; Ga. L. 1989, p. 665, §§ 1-5; Ga. L. 1990, p. 8, § 33; Ga. L. 1991, p. 1403; § 1; Ga. L. 1991, p. 1864, § 1; Ga. L. 1992, p. 2725, §§ 22-26; Ga. L. 1992, p. 2830, § 1.
JUDICIAL DECISIONS
LICENSE IMMATERIAL IN ACTION ON ADEQUACY OF COVERAGE. --In an action regarding the adequacy of insurance coverage, whether the agent is licensed as an "agent" or as a "broker" is immaterial, for the relationship of the parties, not the license held by the defendant, is the controlling issue. Wright Body Works, Inc. v. Columbus Interstate Ins. Agency, 233 Ga. 268, 210 S.E.2d 801 (1974).
CITED in Sutker v. Pennsylvania Ins. Co., 115 Ga. App. 648, 155 S.E.2d 694 (1967); Federated Mut. Ins. Co. v. Whitaker, 232 Ga. 811, 209 S.E.2d 161 (1974).
RESEARCH REFERENCES
ALR. --Duty of insurer to give notice of termination of agency, 14 ALR 846.
Insurance by agent on his own property, 83 ALR 1509.
Person to whom payment of insurance premium may be made (or tendered) so as to charge insurer, 85 ALR 749.
Income tax: deduction, in return on accrual basis, in respect of agents' or salesmen's commissions, 143 ALR 1171.
Decision of United States Supreme Court that insurance is interstate commerce as affecting state statutes relating to foreign insurance companies, 164 ALR 500.
Person to whom renewal premium may be paid or tendered so as to bind insurer, 42 ALR3d 751.
Liability of tortfeasor's insurance agent or broker to injured party for failure to procure or maintain liability insurance, 72 ALR4th 1095.
Liability of insurance agent or broker for placing insurance with insolvent carrier, 42 ALR5th 199.
JUDICIAL DECISIONS
LICENSE IMMATERIAL IN ACTION ON ADEQUACY OF COVERAGE. --In an action regarding the adequacy of insurance coverage, whether the agent is licensed as an "agent" or as a "broker" is immaterial, for the relationship of the parties, not the license held by the defendant, is the controlling issue. Wright Body Works, Inc. v. Columbus Interstate Ins. Agency, 233 Ga. 268, 210 S.E.2d 801 (1974).
CITED in Sutker v. Pennsylvania Ins. Co., 115 Ga. App. 648, 155 S.E.2d 694 (1967); Federated Mut. Ins. Co. v. Whitaker, 232 Ga. 811, 209 S.E.2d 161 (1974).
RESEARCH REFERENCES
ALR. --Duty of insurer to give notice of termination of agency, 14 ALR 846.
Insurance by agent on his own property, 83 ALR 1509.
Person to whom payment of insurance premium may be made (or tendered) so as to charge insurer, 85 ALR 749.
Income tax: deduction, in return on accrual basis, in respect of agents' or salesmen's commissions, 143 ALR 1171.
Decision of United States Supreme Court that insurance is interstate commerce as affecting state statutes relating to foreign insurance companies, 164 ALR 500.
Person to whom renewal premium may be paid or tendered so as to bind insurer, 42 ALR3d 751.
Liability of tortfeasor's insurance agent or broker to injured party for failure to procure or maintain liability insurance, 72 ALR4th 1095.
Liability of insurance agent or broker for placing insurance with insolvent carrier, 42 ALR5th 199.