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O.C.G.A. § 33-5-1 — Representation of unauthorized insurers prohibited | Georgia Code
O.C.G.A. § 33-5-1 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 33 INSURANCE

Section 5. Regulation of Unauthorized Insurers, 33-5-1 through 33-5-59.

ARTICLE 1 GENERAL PROVISIONS

33-5-1. Representation of unauthorized insurers prohibited.

  1. No person in this state shall:
    1. Represent an insurer who is not at the time duly authorized to transact insurance in this state in the solicitation, negotiation, or effectuation of insurance, inspection of risks, fixing of rates, investigation or adjustment of losses, collection of premiums, or in any other manner in the transaction of insurance with respect to subjects of insurance, resident, located, or to be performed in this state; or
    2. Represent any person in the procuring of insurance with an unauthorized insurer upon or with relation to any subject of insurance.
  2. This Code section shall not apply to:
    1. Surplus line insurance which is authorized by this chapter and transactions as to which a certificate of authority is not required of an insurer under Code Section 33-3-2;
    2. Reinsurance as authorized by Code Section 33-7-14;
    3. The services of an adjuster with respect to claims under policies lawfully solicited, issued, and delivered outside of Georgia;
    4. Acceptance of service by the Commissioner pursuant to this title;
    5. The professional services of an attorney; or
    6. Any insurance company or underwriter issuing contracts of insurance to nuclear insureds, nor to any contract of insurance issued to any one or more nuclear insureds, provided that such nuclear insured under a contract procured from an unauthorized insurer shall pay to the Commissioner of Insurance before March 1 of the succeeding calendar year following the year in which the insurance was so effectuated, continued, or renewed, a premium receipts tax of 4 percent of the gross premiums charged for such insurance. For the purposes of this paragraph, a "nuclear insured" is an insured purchasing policies of insurance on risks on its own nuclear generating plants and other facilities at such plants in this state.

(Code 1933, § 56-601, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1972, p. 476, § 1; Ga. L. 1982, p. 3, § 33.)

Cross references.

- Liability of persons making, etc., contracts for unauthorized insurers, § 33-23-42.

JUDICIAL DECISIONS

Preservation of right to raise untimely notice objection.

- Surplus insurers were authorized to file a declaratory judgment action to preserve their right to raise untimely notice of an occurrence as a defense to coverage even without a certificate of authority to conduct business in the state of Georgia. Kay-Lex Co. v. Essex Ins. Co., 286 Ga. App. 484, 649 S.E.2d 602 (2007).

Cited in American Sur. Co. v. Smallon, 54 Ga. App. 45, 186 S.E. 892 (1936); National Sur. Corp. v. Boney, 215 Ga. 271, 110 S.E.2d 406 (1959); Service Cas. Co. v. Carr, 101 Ga. App. 70, 113 S.E.2d 175 (1960); Gordy Tire Co. v. Dayton Rubber Co., 216 Ga. 83, 114 S.E.2d 529 (1960); Chatham County Hosp. Auth. v. John Hancock Mut. Life Ins. Co., 325 F. Supp. 614 (S.D. Ga. 1971).

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, § 43.

ALR.

- Personal liability of agents or brokers in respect of policies of foreign insurance companies not authorized to do business in the state, 131 A.L.R. 1079.

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This Georgia Code resource is curated by this site's author, 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.