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O.C.G.A. § 33-23-42 — Performing acts for unauthorized insurer | Georgia Code
O.C.G.A. § 33-23-42 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 33 INSURANCE

Section 23. Licensing, 33-23-1 through 33-23-205.

ARTICLE 1 AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS

33-23-42. Performing acts for unauthorized insurer.

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.

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

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the 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 prohibited 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).

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This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 33 in the context of Georgia insurance coverage law and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.