O.C.G.A.
O.C.G.A.

O.C.G.A. § 33-23-42 (2019)

Performing acts for unauthorized insurer

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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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 shall also pay a sum equal to the state, county, and municipal taxes and license fees required to be paid by insurance companies legally doing business in this state. It shall be the duty of the Commissioner to report any violation of this Code section to the district attorney or prosecuting attorney of the circuit or county which has jurisdiction.

History

Code 1981, § 33-23-42, enacted by Ga. L. 1992, p. 2830, § 1; Ga. L. 2001, p. 925, § 1.

Annotations

OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, §§ 56-501, 56-502, and Ga. L. 1953, Jan.-Feb. Sess., p. 497, § 2 are included in the annotations for this Code section. Advertising prohibited for unlicensed insurer soliciting business by mail. - Radio stations and other advertising media domiciled in Georgia are pro-

hibited from advertising for an insurance company not licensed by the Georgia Insurance Department to do business in this state, but doing a direct by mail solicitation from its home office through leads procured by such advertising. 1958-59 Op. Att’y Gen. p. 196 (decided under former Code 1933, §§ 56-501, 56-502, and Ga. L. 1953, Jan.-Feb. Sess., p. 497, § 2).

Notes of Decisions
Cited in 1 case, 1992–1992 · leading case: Berger & Washburne Ins. v. Com. Ins., 418 S.E.2d 640 (Ga. Ct. App. 1992).
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Berger & Washburne Ins. v. Com. Ins., 418 S.E.2d 640 (Ga. Ct. App. 1992). · cites it 6× “OCGA § 33-23-42 (c) specifies that “[n]o insurer or agent doing business in this state shall pay, directly or indirectly, any commissions or any other valuable consideration to any person for services as an agent, broker, solicitor, or adjuster within this state, unless such…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.