O.C.G.A. § 33-22-16 (2019)
Applicability of chapter
This chapter shall not apply with respect to:
(1) Any insurance company authorized to do business in this state;
(2) Any bank, trust company, savings and loan association, credit union, or other lending institution authorized to transact business in this state that does not possess or acquire any right, title, or interest with respect to the insurance policy for which the premiums are financed other than in the proceeds of the insurance policy in the event of loss;
(3) The inclusion of a charge for insurance in connection with an installment sale in accordance with Article 1 of Chapter 1 of Title 10;
(4) The financing of insurance premiums in this state in accordance with Article 1 of Chapter 4 of Title 7 relating to rates of interest;
(5) Insurance premiums in connection with the kinds of business defined in Code Sections 33-7-4 (life insurance) and 33-7-2 (accident and sickness insurance) and for those persons licensed under Chapter 3 of Title 7 to write the insurance authorized in Chapter 3 of Title 7;
(6) Any insurance agent or agency as defined in Code Section 33-23-1 who only finances premiums on policies written by or through such agent or agency, unless such agent or agency wishes to charge, contract for, receive, or collect the service charges, delinquency charges, and other fees or charges permitted under this chapter; in which event such agent or agency shall be required to comply with all of the provisions of this chapter except for the provisions of paragraph (4) of subsection (b) of Code Section 33-22-4, relating to the necessity of showing convenience or advantage to the community in order to obtain a license; or
(7) A holder in due course of the receivables generated by a premium finance company but who is not otherwise acting as a premium finance company under the provisions of this chapter.
History
Ga. L. 1969, p. 561, § 2; Ga. L. 1982, p. 1054, § 1; Ga. L. 1985, p. 1087,
§ 3; Ga. L. 2000, p. 136, § 33; Ga. L. 2002, p. 1192, § 10.
Index to Title 33 An index to Title 33 is located at the end of Volume 25.
Annotations
Administrative Rules and Regulations. - Regulations regarding agents, subagents, counselors, adjusters, surplus lines brokers, and agencies, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General, Insurance Department, Chapter 120-2-3.
RESEARCH REFERENCES
ALR. - Duty of insurer to give notice of termination of agency, 14 A.L.R. 846.
Substitution by common agent of two or more insurance companies of policy of one company for policy of another, 83 A.L.R. 298.
Person to whom payment of insurance premium may be made (or tendered) so as to charge insurer, 85 A.L.R. 749.
Income tax: deduction, in return on accrual basis, in respect of agents' or salesmen's commissions, 143 A.L.R. 1171.
Decision of United States Supreme Court that insurance is interstate commerce as affecting state statutes relating to foreign insurance companies, 164 A.L.R. 500.
Public regulation or control of insurance agents or brokers, 10 A.L.R.2d 950.
Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.
Person to whom renewal premium may be paid or tendered so as to bind insurer, 42 A.L.R.3d 751.
Libel and slander: privileged nature of communications between insurer and insured, 85 A.L.R.3d 1161.
Revocation or suspension of insurance agent's license for withholding or misappropriation of premiums, 17 A.L.R.4th 1106.
Activities of insurance adjusters as unauthorized practice of law, 29 A.L.R.4th 1156.
Provisions of insurance company's contract with independent insurance agent restricting competitive placements by agent as illegal restraint of trade under state law, 42 A.L.R.4th 1072.
Liability of independent or public insurance adjuster to insured for conduct in adjusting claim, 50 A.L.R.4th 900.
Necessity of expert testimony to show standard of care in negligence action against insurance agent or broker, 52 A.L.R.4th 1232.
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ARTICLE 1 AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS
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 A.L.R. 846.
Insurance by agent on his own property, 83 A.L.R. 1509.
Person to whom payment of insurance premium may be made (or tendered) so as to charge insurer, 85 A.L.R. 749.
Income tax: deduction, in return on accrual basis, in respect of agents' or salesmen's commissions, 143 A.L.R. 1171.
Decision of United States Supreme Court that insurance is interstate commerce as affecting state statutes relating to foreign insurance companies, 164 A.L.R. 500.
Person to whom renewal premium may be paid or tendered so as to bind insurer, 42 A.L.R.3d 751.
Liability of tortfeasor's insurance agent or broker to injured party for failure to procure or maintain liability insurance, 72 A.L.R.4th 1095.
Liability of insurance agent or broker for placing insurance with insolvent carrier, 42 A.L.R.5th 199.