reglab/housing_qa huggingface dataset:
GA Code § 33-23-43.1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 23 - Licensing|Article 1 - Agents, Agencies, Subagents, Counselors, and Adjusters|§ 33-23-43.1. Representing Oneself as Public Adjuster; When License Not Required

  No person may act or hold himself or herself out to be a public adjuster in this state unless such person holds a public adjuster license issued by the Commissioner.   A public adjuster license is not, however, required for:   An attorney licensed to practice law in this state while acting for an insured concerning a loss under a policy; or   A person licensed as a general property and casualty agent or personal lines property and casualty agent while acting for an insurer concerning a loss under a policy issued by that agent.       (Code 1981, §33-23-43.1, enacted by Ga. L. 2021, p. 365, § 2/HB 254.)   Editor's notes.   - Ga. L. 2021, p. 365, § 1/HB 254, effective January 1, 2022, redesignated former Code Section 33-23-43.1, relating to requirements for public adjuster contracts, as present Code Section 33-23-43.2.
GA Code § 33-23-43.3 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 23 - Licensing|Article 1 - Agents, Agencies, Subagents, Counselors, and Adjusters|§ 33-23-43.3. Compensation of Adjusters; Criteria for Written Endorsement of Payment

  Except as provided by subsection (b) of this Code section, an adjuster may receive a commission for service provided under this article consisting of an hourly fee, a flat rate, a percentage of the total amount paid by an insurer to resolve a claim, or another method of compensation. A public adjuster may not charge the insured an unreasonable fee, and the total commission received shall not exceed 33.3 percent of the amount of the insurance settlement of the claim.   An adjuster shall not receive a commission consisting of a percentage of the total amount paid by an insurer to resolve a claim on a claim on which the insurer, not later than 72 hours after the date on which the loss is reported to the insurer, either pays or commits in writing to pay to the insured the policy limit of the insurance policy. A public adjuster is entitled to reasonable compensation from the insured for services provided by such adjuster on behalf of the insured, based on the time spent on a claim that is subject to this Code section and expenses incurred by such adjuster, until the claim is paid or the insured receives a written commitment to pay from the insurer.   Except for the payment of a commission by the insured, all persons paying proceeds of a policy of insurance or making any payment affecting an insured's rights under a policy of insurance shall:   Include the insured as a payee on the payment draft or check; and   Require the written signature and endorsement of the insured on the payment draft or check.     An adjuster shall not accept any payment that violates the provisions of this Code section.   A public adjuster may sign or endorse a payment, draft, or check issued on behalf of an insured if authorized in writing by each insured payee, and only if such written endorsement meets the following criteria:   The authorization limits the public adjuster to endorse the check or payment for deposit only into the public adjuster's escrow or trust account and such authorization states that the check or payment will be distributed in the percentages or amounts agreed upon in the public adjuster contract;   The authorization requires that the insured be notified of the deposit of funds, and states that any distribution of such funds to the insured or the public adjuster will be accompanied by a detailed breakdown of the funds distributed; and   The authorization form states that such authorization may be revoked at any time by the insured upon written notice of such revocation to the public adjuster.       (Code 1981, §33-23-43.3, enacted by Ga. L. 2021, p. 365, § 4/HB 254.)
GA Code § 33-23-43.4 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 23 - Licensing|Article 1 - Agents, Agencies, Subagents, Counselors, and Adjusters|§ 33-23-43.4. Proof of Financial Responsibility

  As a continuing condition of licensure, a public adjuster may, at the Commissioner's discretion, file proof of financial responsibility with respect to transactions with insureds under this chapter in an amount determined by the Commissioner by rule. The financial responsibility shall include the ability to pay sums that the public adjuster is obligated to pay under any judgment against such adjuster by an insured, based on an error, omission, fraud, negligent act, or unfair practice of such adjuster or any person for whose acts such adjuster is legally liable in the transaction of such adjuster's business under this Code section.   In determining the amount of the financial responsibility requirement, the Commissioner shall consider the nature of the obligation, other financial security requirements under this Code section, and financial security requirements adopted for public adjusters in other states. In determining the types of financial responsibility required, the Commissioner may consider a surety bond or a professional liability policy or similar policy or contract of professional liability coverage acceptable to the Commissioner.   The requirements of this Code section are in addition to the bond requirements of Code Section 33-23-6 and relevant rules and regulations promulgated by the Commissioner.     (Code 1981, §33-23-43.4, enacted by Ga. L. 2021, p. 365, § 4/HB 254.)
GA Code § 33-23-43.5 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 23 - Licensing|Article 1 - Agents, Agencies, Subagents, Counselors, and Adjusters|§ 33-23-43.5. Complete Record of Transactions; Retention and Examination

  A public adjuster shall keep a complete record in this state of each of such adjuster's transactions as a public adjuster. The records shall include each of the following:   The name of the insured;   The date, location, and amount of the loss;   A copy of the contract between the public adjuster and the insured;   The name of the insurer and the amount, expiration date, and number of each policy under which the loss is covered;   An itemized statement of the recoveries by the insured from the sources known to the public adjuster;   The total compensation received for the adjustment; and   An itemized statement of disbursements made by the license holder from recoveries received on behalf of the insured.     Records required to be kept under this Code section shall be:   Maintained in this state for at least five years after the termination of a transaction with the insured; and   Open to examination by the Commissioner.       (Code 1981, §33-23-43.5, enacted by Ga. L. 2021, p. 365, § 4/HB 254.)
GA Code § 33-23-43.6 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 23 - Licensing|Article 1 - Agents, Agencies, Subagents, Counselors, and Adjusters|§ 33-23-43.6. Funds Held in Fiduciary Capacity; Authorization for Disclosure

  All funds received as claim proceeds by an adjuster acting as a public adjuster are received and held by such adjuster in a fiduciary capacity. Such adjuster shall not divert or misappropriate fiduciary funds received or held.   An applicant for a license to act as a public adjuster shall, as part of the application, endorse an authorization for disclosure to the Commissioner of all financial records of any funds such adjuster holds and will hold as a fiduciary. The authorization continues in force and effect for as long as such adjuster continues to be licensed under this article.     (Code 1981, §33-23-43.6, enacted by Ga. L. 2021, p. 365, § 4/HB 254.)
GA Code § 33-23-43.7 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 23 - Licensing|Article 1 - Agents, Agencies, Subagents, Counselors, and Adjusters|§ 33-23-43.7. Advertisements; Deceptive or Misleading Ads; Required Disclaimer

  Each advertisement by an adjuster soliciting or advertising business shall display the adjuster's name and license number as they appear in the records of the Commissioner.   No advertisement soliciting or advertising business may be used by an adjuster unless such solicitation or advertisement has been approved by the Commissioner.   The following statements, made in any public adjuster's advertisement or solicitation, are considered deceptive or misleading:   A statement or representation that invites an insured to submit a claim when such insured does not have covered damage to such insured's property;   A statement or representation that invites an insured to submit a claim by offering monetary or other valuable inducement;   A statement or representation that invites an insured to submit a claim by stating that there is "no risk” to the insured by submitting such claim; and   A statement or representation, or use of a logo or shield, that implies or could mistakenly be construed to imply that the solicitation was issued or distributed by a governmental agency or is sanctioned or endorsed by a governmental agency.     For purposes of this subsection, the term "written advertisement" includes only newspapers, magazines, flyers, and bulk mailers. The following disclaimer, which is not required to be printed on standard size business cards, shall be added in bold print and capital letters in typeface no smaller than the typeface of the body of the text to all written advertisements of a public adjuster:  "THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD A CLAIM FOR AN INSURED PROPERTY LOSS OR DAMAGE AND YOU ARE SATISFIED WITH THE PAYMENT BY YOUR INSURER, YOU MAY DISREGARD THIS ADVERTISEMENT".      (Code 1981, §33-23-43.7, enacted by Ga. L. 2021, p. 365, § 4/HB 254.)
GA Code § 33-23-43.9 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 23 - Licensing|Article 1 - Agents, Agencies, Subagents, Counselors, and Adjusters|§ 33-23-43.9. Standard of Conduct for Public Adjusters

  A public adjuster is obligated, under his or her license, to serve with objectivity and complete loyalty to the interest of his or her client alone and to render to the insured such information, counsel, and service within the public adjuster's knowledge, understanding, and opinion that will best serve the insured's insurance claim needs and interest.   A public adjuster shall faithfully observe all of the terms and provisions of the public adjuster contract as prescribed in Code Section 33-23-43.2.     (Code 1981, §33-23-43.2, enacted by Ga. L. 2014, p. 181, § 5/HB 610; Code 1981, §33-23-43.9, as redesignated by Ga. L. 2021, p. 365, § 5/HB 254.)    The 2021 amendment,  effective July 1, 2021, redesignated former Code Section 33-23-43.2 as this Code section and substituted "Code Section 33-23-43.2" for "Code Section 33-23-43.1" at the end of subsection (b).
GA Code § 33-23-43.10 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 23 - Licensing|Article 1 - Agents, Agencies, Subagents, Counselors, and Adjusters|§ 33-23-43.10. Denial, Suspension, or Revocation of License; Notice and Hearing

  The Commissioner may deny an application for a license or suspend or revoke a license issued to any public adjuster on the basis of:   A violation of this article or of any rule adopted by the Commissioner under this article;   A cause that constitutes grounds for denial of an original license;   Misrepresentation or fraud in obtaining a license;   The failure to pass a required license examination;   The misappropriation or conversion of money required to be held in a fiduciary capacity;   Material misrepresentation, with intent to deceive, of the terms of an insurance contract;   Engaging in a fraudulent transaction;   Demonstrating incompetence or untrustworthiness in the conduct of the license holder's affairs under the license, as determined by the Commissioner;   Conviction of a felony by a final judgment in a court of competent jurisdiction; or   Material misrepresentation, with intent to deceive, of the person's status as a public adjuster.     If the department proposes to refuse to issue an original license under this article or to suspend, revoke, or refuse to renew a license under this article, the rejected applicant or affected licensee is entitled to a notice and hearing in accordance with Chapter 2 of this title.     (Code 1981, §33-23-43.10, enacted by Ga. L. 2021, p. 365, § 6/HB 254.)
GA Code § 33-23-44 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 23 - Licensing|Article 1 - Agents, Agencies, Subagents, Counselors, and Adjusters|§ 33-23-44. Rules and Regulations

  The Commissioner may establish rules and regulations with respect to:   The classification of applicants according to the kinds of insurance to be effected by them if licensed;   The scope, type, and conduct of written examinations to be given pursuant to this chapter and the times and places within this state for holding the examinations;   Classification and scope of authority of any license authorized under this chapter; and   Any other purpose required or necessary for the implementation or enforcement of this chapter.     The Commissioner shall establish by rule or regulation a license for persons exempted under Code Section 33-23-18 that is distinct from other agent licenses.     (Code 1981, §33-23-44, enacted by Ga. L. 1992, p. 2830, § 1; Ga. L. 1996, p. 705, § 14; Ga. L. 2001, p. 925, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 43 Am. Jur. 2d, Insurance, § 19 et seq.   C.J.S.   - 44 C.J.S., Insurance, §§ 42, 53 et seq., 67 et seq., 105 et seq.
GA Code § 33-23-45 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 23 - Licensing|Article 1 - Agents, Agencies, Subagents, Counselors, and Adjusters|§ 33-23-45. Limitation on Applicability of Article

 Reserved. Repealed by Ga. L. 2019, p. 386, § 21/SB 133, effective July 1, 2019.   Editor's notes.   - This Code section was based on Code 1981, § 33-23-45, enacted by Ga. L. 1992, p. 2830, § 1; Ga. L. 1997, p. 1296, § 12; Ga. L. 2001, p. 925, § 1.
GA Code § 33-23-102 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 23 - Licensing|Article 2 - Licensing of Administrators|§ 33-23-102. Bond and Surety of Applicant; Liability Insurance; Remained Licenses

  Every applicant for an administrator's license shall file with the application and shall thereafter maintain in force a bond in favor of the Commissioner executed by a corporate surety insurer authorized to transact insurance in this state. The terms and type of the bond, including, but not limited to, total aggregate liability on the bond, shall be established by the rule or regulation of the Commissioner.   The bond shall remain in force until the surety is released from liability by the Commissioner or until the bond is canceled by the surety. Without prejudice to any liability accrued prior to cancellation, the surety may cancel the bond upon 30 days' advance notice, in writing, filed with the Commissioner.   Every applicant for an administrator's license shall obtain and shall thereafter maintain in force errors and omissions coverage or other appropriate liability insurance, written by an insurer authorized to transact insurance in this state, in an amount of at least $100,000.00.   The coverage required in subsection (c) of this Code section shall remain in force for a term of at least one year and shall contain language that includes that the insurer may cancel the insurance upon 60 days' advance notice filed with the Commissioner. Other terms and conditions relating to the errors and omissions policy may be imposed on the applicant as the Commissioner deems appropriate by rule or regulation.   In the event a licensed administrator fails to renew, surrenders, or otherwise terminates its license, it must retain both the bond and the errors and omissions coverage for a period of not less than one year after the licensee has failed to renew, surrendered, or otherwise terminated its license.     (Code 1981, §33-23-102, enacted by Ga. L. 1991, p. 1403, § 1; Ga. L. 1996, p. 919, § 8; Ga. L. 2005, p. 563, § 9/HB 407; Ga. L. 2013, p. 141, § 33/HB 79.)
GA Code § 33-23-103 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 23 - Licensing|Article 2 - Licensing of Administrators|§ 33-23-103. Examination of Administrators by Commissioner

 Administrators shall be subject to market conduct and financial examinations by the Commissioner. Any cost involved with the examinations shall be borne by the administrator.    (Code 1981, §33-23-103, enacted by Ga. L. 1991, p. 1403, § 1; Ga. L. 2005, p. 563, § 10/HB 407.)
GA Code § 33-23-104 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 23 - Licensing|Article 2 - Licensing of Administrators|§ 33-23-104. Establishing Requirements and Procedures Affecting Administrators

 Requirements and procedures for written agreements, payments to administrators, maintenance of information, approval of advertising, underwriting provisions, premium collection, payment of claims, claim adjustment or settlement, notifications, and other matters involving administrators may be established by rule or regulation of the Commissioner.    (Code 1981, §33-23-104, enacted by Ga. L. 1991, p. 1403, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1991, the comma was deleted following "administrators" near the end of this Code section.
GA Code § 33-23-105 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 23 - Licensing|Article 2 - Licensing of Administrators|§ 33-23-105. Rules and Regulations for Implementation of Article

 The Commissioner may promulgate rules and regulations which are necessary to implement the provisions of this article and to ensure the safe and proper operation of administrators of this state.    (Code 1981, §33-23-105, enacted by Ga. L. 1991, p. 1403, § 1.)
GA Code § 33-23-200 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 23 - Licensing|Article 3 - Insurance Navigators|§ 33-23-200. Legislative Findings; Licensing of Health Insurance Navigators

 The General Assembly finds that the provisions of the federal Patient Protection and Affordable Care Act may cause the formation of health insurance exchanges operating in Georgia under federal law and employing navigators or navigator entities whose role will be to direct individuals and companies to health insurance policies. The General Assembly further finds that licensing and regulation of such navigators or navigator entities to ensure that they are trained and knowledgeable in the subject matter of individual and group health insurance plans and insurance coverage is necessary to avoid substantial risk to the health, safety, and welfare of the residents of this state.    (Code 1981, §33-23-200, enacted by Ga. L. 2013, p. 780, § 1/HB 198.)
GA Code § 33-23-201 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 23 - Licensing|Article 3 - Insurance Navigators|§ 33-23-201. Definitions

 As used in this article, the term:    "Exchange" means a state, federal, or partnership exchange or marketplace operating in Georgia pursuant to Section 1311 of the federal act.   "Federal act" means the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), and regulations or guidance issued under those acts.   "Navigator" means an individual, including assistors, application counselors, or other persons, authorized pursuant to the federal act to provide insurance advice and guidance to uninsured individuals and groups seeking health insurance coverage. For the purposes of this article, if an organization or business entity serves as a navigator, an individual performing navigator duties for that organization or business entity shall be considered to be acting in the capacity of a navigator.   "Patient navigator" means an individual who offers assistance to patients, families, and caregivers to help overcome health care system barriers and to facilitate timely access to quality medical and psychosocial care as defined by the health care community he or she serves.     (Code 1981, §33-23-201, enacted by Ga. L. 2013, p. 780, § 1/HB 198.)
GA Code § 33-23-202 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 23 - Licensing|Article 3 - Insurance Navigators|§ 33-23-202. Licensing and Requirements Therefor

  No navigator shall provide advice, guidance, or other assistance with regard to health benefit plans as a navigator under the provisions of the federal act unless licensed in accordance with this article.   The Commissioner shall not issue a license to any applicant who does not meet or conform to the following qualifications or requirements:   The applicant shall establish to the satisfaction of the Commissioner that he or she has the background, experience, knowledge, and competency in the subject matter that will enable him or her to deliver accurate information and advice to individuals and groups in this state seeking to obtain health insurance coverage under the provisions of the federal act;   The applicant shall have successfully completed not less than 35 hours of instruction in health benefit insurance, the exchange provisions of the federal act, the medical assistance program provided for by Article 7 of Chapter 4 of Title 49, and the PeachCare for Kids Program provided for by Article 13 of Chapter 5 of Title 49 satisfactory to the Commissioner through a training program approved by the Commissioner;   The applicant shall pass such examination as shall be required by the Commissioner unless such applicant is exempted by the Commissioner based on the applicant's experience and qualifications and pursuant to regulations adopted by the Commissioner;   An applicant shall be not less than 18 years of age and of good moral character and must submit in a form approved by the Commissioner such information, including without limitation criminal history and regulatory background information, as the Commissioner may require; and   An applicant for a renewal license shall have completed continuing education classes approved by the Commissioner.       (Code 1981, §33-23-202, enacted by Ga. L. 2013, p. 780, § 1/HB 198.)