reglab/housing_qa huggingface dataset:
GA Code § 33-5-21 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 5 - Regulation of Unauthorized Insurers|Article 2 - Surplus Line Insurance|Part 1 - General Provisions|§ 33-5-21. Authorization of Procurement of Surplus Line Insurance; Conditions; Procuring or Placing Nonadmitted Insurance for Exempt Commercial Purchaser

  Surplus line insurance may be procured from unauthorized insurers subject to the following conditions:   The insurance must be procured through a licensed surplus line broker;   The insurance may only be procured from insurers which meet the financial condition requirements of Code Section 33-5-25;   The insured or the insured's agent has made an effort to procure the desired insurance coverage or benefits from authorized insurers, but such effort has been unsuccessful in obtaining insurance coverage or benefits which are satisfactory to the insured except as provided under subsection (b) of this Code section; and   The insurance shall not be procured under this chapter for personal private passenger motor vehicle coverage or residential dwelling property coverage unless such insurance cannot be obtained from an authorized insurer.     The broker shall not be required to make a due diligence search to determine whether the full amount or type of insurance can be obtained from authorized insurers when the surplus line broker is seeking to procure or place nonadmitted insurance for an exempt commercial purchaser, provided:   The broker procuring or placing the surplus line insurance has disclosed to the exempt commercial purchaser that such insurance may be available from the admitted market that may provide greater protection with more regulatory oversight; and   The exempt commercial purchaser has subsequently requested in writing for the broker to procure or place such insurance from a nonadmitted insurer.      (Code 1933, § 56-614, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1992, p. 6, § 33; Ga. L. 1995, p. 1165, § 1; Ga. L. 2011, p. 449, § 2/HB 413; Ga. L. 2019, p. 337, § 1-26/SB 132.)    The 2019 amendment,  effective July 1, 2019, inserted "private" in paragraph (a)(4).
GA Code § 33-5-21.1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 5 - Regulation of Unauthorized Insurers|Article 2 - Surplus Line Insurance|Part 1 - General Provisions|§ 33-5-21.1. Application of Chapter 9 or Code Section 33-24-9

 Insurance placed in accordance with this article shall not be subject to the provisions of Chapter 9 of this title or Code Section 33-24-9.    (Code 1981, §33-5-21.1, enacted by Ga. L. 1997, p. 1581, § 1; Ga. L. 1997, p. 683, § 1.)   Editor's notes.   - Ga. L. 1997, p. 1581, § 1 and Ga. L. 1997, p. 683, § 1 both enacted a Code section designated 33-5-21.1 and containing identical provisions.
GA Code § 33-5-22 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 5 - Regulation of Unauthorized Insurers|Article 2 - Surplus Line Insurance|Part 1 - General Provisions|§ 33-5-22. Licensing of Surplus Line Brokers Generally

 A surplus lines broker shall be licensed in accordance with Code Section 33-23-37.   (Code 1933, § 56-618, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1965, p. 248, § 1; Ga. L. 1973, p. 499, § 1; Ga. L. 1985, p. 1239, § 1; Ga. L. 1988, p. 1519, § 1; Ga. L. 1992, p. 2725, § 9; Ga. L. 1997, p. 683, § 1; Ga. L. 2001, p. 925, § 2.)   Editor's notes.   - Ga. L. 1985, p. 1239, § 3, provided that that Act would apply to insurance policies issued, delivered, issued for delivery, or renewed on and after July 1, 1985.   OPINIONS OF THE ATTORNEY GENERAL    Those seeking renewal of their licenses need not submit to examination;  an individual is considered an applicant only when he makes his initial application for a license, so only those individuals seeking a license for a first time must submit to a personal examination. 1973 Op. Att'y Gen. No. 73-90.   RESEARCH REFERENCES   ALR.   - Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.
GA Code § 33-5-23 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 5 - Regulation of Unauthorized Insurers|Article 2 - Surplus Line Insurance|Part 1 - General Provisions|§ 33-5-23. Revocation or Suspension of Broker's License

  The Commissioner shall revoke any surplus line broker's license:   If the broker fails to file his quarterly affidavit or to remit the tax as required by law;   If the broker fails to maintain an office in this state, or to keep records, or to allow the Commissioner to examine his records as required by law; or   For any of the causes for which an agent's license may be revoked.     The Commissioner may revoke or suspend any or all such licenses whenever he deems such suspension or revocation to be in the best interests of the people of this state.   The procedures provided in Article 1 of Chapter 23 of this title for the suspension or revocation of agents' licenses shall be applicable to suspension or revocation of a surplus line broker's license.   No broker whose license has been so revoked shall again be so licensed within five years thereafter nor until any penalties or delinquent taxes owing by him or her have been paid.    (Code 1933, § 56-625, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1972, p. 1220, § 5; Ga. L. 1982, p. 3, § 33; Ga. L. 1993, p. 91, § 33; Ga. L. 2019, p. 337, § 1-27/SB 132.)    The 2019 amendment,  effective July 1, 2019, in subsection (d), substituted "within five years" for "within two years" and inserted "or her".
GA Code § 33-5-24 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 5 - Regulation of Unauthorized Insurers|Article 2 - Surplus Line Insurance|Part 1 - General Provisions|§ 33-5-24. Acceptance and Placement of Business by Surplus Line Brokers Generally

 A licensed surplus line broker may accept and place surplus line business for any insurance agent or broker licensed in this state for the kind of insurance involved and may compensate such agent or broker for the surplus line business.   (Code 1933, § 56-619, enacted by Ga. L. 1960, p. 289, § 1.)
GA Code § 33-5-26 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 5 - Regulation of Unauthorized Insurers|Article 2 - Surplus Line Insurance|Part 1 - General Provisions|§ 33-5-26. Endorsement of Insurance Contract by Broker

  Every insurance contract procured and delivered as a surplus line coverage shall be initialed by or bear the name of the surplus line broker who procured it and shall have printed or stamped upon it the following: "This contract is registered and delivered as a surplus line coverage under the Surplus Line Insurance Law, O.C.G.A. Chapter 33-5."   No surplus lines policy or certificate in which the policy premium is $5,000.00 per annum or less shall be delivered in this state unless a standard disclosure form or brochure explaining surplus lines insurance is attached to or made a part of the policy or certificate. The Commissioner shall prescribe by rule or regulation the format and contents of such form or brochure.    (Code 1933, § 56-616, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2002, p. 8, § 2; Ga. L. 2019, p. 337, § 1-28/SB 132.)    The 2019 amendment,  effective July 1, 2019, deleted former subsection (c), which read: "Pursuant to Code Section 33-2-9, the Commissioner may promulgate rules and regulations which are necessary to implement the provisions of this article."
GA Code § 33-5-27 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 5 - Regulation of Unauthorized Insurers|Article 2 - Surplus Line Insurance|Part 1 - General Provisions|§ 33-5-27. Issuance to Insured by Broker of Evidence of Insurance; Issuance of Substitute Certificate or Endorsement; Delivery of Policy to Insured; Penalties

  Upon placing a surplus line coverage, the broker shall promptly issue and deliver to the insured evidence of the insurance consisting either of the policy as issued by the insurer or, if the policy is not then available, the surplus line broker's certificate. The certificate shall be executed by the broker and shall show the description and location of the subject of the insurance, a general statement of the kind and type of insurance purchased, and the term of the insurance, the premium and date charged, taxes collected from the insured, and the name and address of the insured and the insurer. If the direct risk is assumed by more than one insurer, the certificate or the policy, when delivered, shall state the name and address and proportion of the entire direct risk assumed by each insurer.   No broker shall issue any certificate or any cover note or purport to insure or represent that insurance will be or has been granted by any unauthorized insurer unless he has prior written authority from the insurer for the insurance or has received information from the insurer in the regular course of business that the insurance has been granted or an insurance policy providing the insurance actually has been issued by the insurer and delivered to the insured.   If, after the issuance and delivery of any certificate, there is any change as to the identity of the insurers or the proportion of the direct risk assumed by the insurer as stated in the broker's original certificate or in any other material respect as to the insurance coverage evidenced by the certificate, the broker shall promptly issue and deliver to the insured a substitute certificate or endorsement accurately showing the current status of the coverage and the insurers responsible thereunder.   If a policy issued by the insurer is not available upon placement of the insurance and the broker has issued and delivered his certificate as provided in subsection (a) of this Code section, upon request therefor by the insured, the broker shall as soon as reasonably possible procure from the insurer its policy evidencing the insurance and deliver the policy to the insured in replacement of the broker's certificate theretofore issued.   Any surplus line broker who knowingly or negligently issues a false certificate of insurance or who fails promptly to notify the insured of any material change with respect to such insurance by delivery to the insured of a substitute certificate or endorsement as provided in subsection (c) of this Code section shall be subject to the penalties provided by Code Section 33-5-32 or to any greater applicable penalty provided by law.    (Code 1933, § 56-621, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1995, p. 1165, § 3.)
GA Code § 33-5-28 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 5 - Regulation of Unauthorized Insurers|Article 2 - Surplus Line Insurance|Part 1 - General Provisions|§ 33-5-28. Maintenance by Broker of Records of Policies Written or Renewed

 Each licensed surplus line broker shall keep in his office a separate account of each policy written or renewed showing the exact amount of insurance placed, the name and post office address of the insured, the name and home address of the insurer, the location of the insured property, the gross premium charged therefor, the amount of premium tax paid thereon, the nature of the risk, the number, date, and term of the policy, and any other information as the Commissioner may require. The record shall at all times be open to examination by the Commissioner.   (Code 1933, § 56-622, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1972, p. 1220, § 2.)
GA Code § 33-5-30 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 5 - Regulation of Unauthorized Insurers|Article 2 - Surplus Line Insurance|Part 1 - General Provisions|§ 33-5-30. Validity and Enforceability of Contracts Procured as Surplus Line Insurance

 Insurance contracts procured as surplus line coverage from unauthorized insurers in accordance with this chapter shall be fully valid and enforceable as to all parties and shall be given recognition in all matters and respects to the same effect as like contracts issued by authorized insurers.   (Code 1933, § 56-617, enacted by Ga. L. 1960, p. 289, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Surplus line insurance unacceptable as used car dealer licensure.    - Although O.C.G.A. § 33-5-30 gives validity to surplus line insurance, it does not transform an unauthorized insurer into an authorized insurer by rendering surplus line insurance acceptable for licensure as a used car dealer. 1994 Op. Att'y Gen. No. 94-5.
GA Code § 33-5-31 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 5 - Regulation of Unauthorized Insurers|Article 2 - Surplus Line Insurance|Part 1 - General Provisions|§ 33-5-31. Payment by Broker of Tax for Privilege of Doing Business; Computation and Allocation of Tax

  The surplus line broker shall remit to the Commissioner, on or before the fifteenth day of April, July, October, and January, at the time his or her quarterly affidavit is submitted, as a tax imposed for the privilege of doing business as a surplus line broker in this state, a tax of 4 percent on all premiums paid to the surplus line broker during the preceding quarter, less return premiums and exclusive of sums collected to cover state or federal taxes, on surplus line insurance subject to tax transacted by him or her during the preceding quarter as shown by his or her affidavit filed with the Commissioner.   If this state participates in a cooperative agreement, compact, or reciprocal agreement with other states pursuant to Code Sections 33-5-40 through 33-5-44 and a surplus line policy covers risks or exposures located or to be performed both in and out of this state, the sum payable shall be computed based on an amount equal to 4 percent of that portion of the gross premiums allocated to this state plus an amount equal to the portion of premiums allocated to other states or territories on the basis of the tax rates and fees applicable to properties, risks, or exposures located or to be performed outside this state.    (Code 1933, § 56-623, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1972, p. 1220, § 3; Ga. L. 1974, p. 465, § 3; Ga. L. 1995, p. 1165, § 5; Ga. L. 2011, p. 449, § 4/HB 413; Ga. L. 2012, p. 1117, § 2/SB 385.)   OPINIONS OF THE ATTORNEY GENERAL   No exemption of coverage for Metropolitan Atlanta Rapid Transit Authority.   - Insurance companies and surplus line brokers who provide insurance coverage for the Metropolitan Atlanta Rapid Transit Authority are not exempt from paying tax on the premiums collected for such coverage. 1975 Op. Att'y Gen. No. 75-54.   Credit, not refund, may be granted when policy is cancelled "flat."   - The Insurance Commissioner may not make a lump-sum refund of taxes paid, but he may grant a credit against future taxes due in the event that a surplus line broker has paid the required tax during a preceding quarter and the underlying policy, for which the taxes are due, is subsequently cancelled "flat" as of the date of its inception by mutual agreement of the parties. 1975 Op. Att'y Gen. No. 75-116.
GA Code § 33-5-32 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 5 - Regulation of Unauthorized Insurers|Article 2 - Surplus Line Insurance|Part 1 - General Provisions|§ 33-5-32. Penalty for Failure to File Quarterly Affidavit or Remit Tax Within Time Prescribed by Law; Collection and Disposition of Penalty

 If any surplus line broker fails to file his or her quarterly affidavit or fails to remit the tax as provided by law within 30 days after the tax is due, he or she shall be liable for a penalty of either $25.00 for each day of delinquency commencing after the expiration of the 30 day period or an amount equal to 100 percent of the tax, whichever is less, except that for good cause shown, the Commissioner may grant a reasonable extension of time within which the affidavit may be filed and the tax may be paid. The tax may be recovered by distraint and the penalty and tax may be recovered by an action instituted by the Commissioner in any court of competent jurisdiction. The Commissioner shall pay to the Office of the State Treasurer any penalty so collected.   (Code 1933, § 56-624, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1972, p. 1220, § 4; Ga. L. 1982, p. 3, § 33; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 2/SB 296; Ga. L. 2011, p. 449, § 5/HB 413.)   Law reviews.   - For article, "Why Captives, Lord, What Have They Ever Done?: The Georgia Captive Insurance Company Act," see 26 Ga. St. B.J. 119 (1990).
GA Code § 33-5-35 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 5 - Regulation of Unauthorized Insurers|Article 2 - Surplus Line Insurance|Part 1 - General Provisions|§ 33-5-35. Applicability of Article

 This article controlling the placing of insurance with unauthorized insurers shall not apply to reinsurance or to the following insurance when so placed by licensed agents or brokers of this state:    Insurance on property or operation of railroads engaged in interstate commerce; or   Insurance of aircraft owned or operated by manufacturers of aircraft or operated in scheduled interstate flight, or cargo of the aircraft, or against liability, other than workers' compensation and employer's liability, arising out of the ownership, maintenance, or use of the aircraft.    (Code 1933, § 56-627, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1977, p. 1281, § 2; Ga. L. 2011, p. 449, § 7/HB 413; Ga. L. 2019, p. 337, § 1-31/SB 132.)    The 2019 amendment,  effective July 1, 2019, substituted "following insurance" for "following insurances" in the introductory language of this Code section.
GA Code § 33-5-40 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 5 - Regulation of Unauthorized Insurers|Article 2 - Surplus Line Insurance|Part 2 - Interstate Cooperation for Collection and Disbursement of Premium Taxes|§ 33-5-40. Legislative Findings

 The General Assembly finds the federal Nonadmitted and Reinsurance Reform Act of 2010, which was incorporated into the federal Dodd-Frank Wall Street Reform and Consumer Protection Act, P.L. 111-203, provides that only an insured's home state may require premium tax payment for nonadmitted insurance and authorizes states to enter into a compact or otherwise establish procedures to allocate among the states the nonadmitted insurance premium taxes. The General Assembly further finds that as the states are still in flux as to which proposed plan is best for them to enter, or if any agreement should be entered into by the state, the Commissioner is in a unique position to weigh these options and to determine what is in the best interest of the state financially. Therefore, the General Assembly acknowledges that some flexibility is necessary to determine that the best financial interests of the state are met.    (Code 1981, §33-5-40, enacted by Ga. L. 2011, p. 449, § 8/HB 413; Ga. L. 2019, p. 337, § 1-32/SB 132.)    The 2019 amendment,  effective July 1, 2019, deleted "of Insurance" following "Commissioner" in the second sentence of this Code section.
GA Code § 33-5-41 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 5 - Regulation of Unauthorized Insurers|Article 2 - Surplus Line Insurance|Part 2 - Interstate Cooperation for Collection and Disbursement of Premium Taxes|§ 33-5-41. Governor Authorized to Enter Into Cooperative Agreement, Compact, or Reciprocal Agreement for Collection of Insurance Premium Taxes

 The Governor, on behalf of the state, advised by and in consultation with the Commissioner, is authorized to enter into a cooperative agreement, compact, or reciprocal agreement with another state or states for the purpose of the collection of insurance premium taxes imposed by Code Sections 33-5-31 and 33-5-33.    (Code 1981, §33-5-41, enacted by Ga. L. 2011, p. 449, § 8/HB 413; Ga. L. 2012, p. 1117, § 4/SB 385; Ga. L. 2019, p. 337, § 1-33/SB 132.)    The 2019 amendment,  effective July 1, 2019, deleted "of Insurance" following "Commissioner" near the beginning of this Code section.
GA Code § 33-5-42 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 5 - Regulation of Unauthorized Insurers|Article 2 - Surplus Line Insurance|Part 2 - Interstate Cooperation for Collection and Disbursement of Premium Taxes|§ 33-5-42. Agreement to Substantially Follow Form of Model Surplus Lines Insurance Multi-State Compliance Compact

 The cooperative agreement, compact, or reciprocal agreement for the purpose of the collection of insurance premiums imposed by Code Section 33-5-31 shall substantially follow the form of the model Surplus Lines Insurance Multi-State Compliance Compact, also known as SLIMPACT-lite, created by the National Conference of Insurance Legislators or the model Nonadmitted Insurance Multi-State Agreement, also known as NIMA, created by the National Association of Insurance Commissioners, as such documents exist on July 1, 2011.    (Code 1981, §33-5-42, enacted by Ga. L. 2011, p. 449, § 8/HB 413.)
GA Code § 33-5-43 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 5 - Regulation of Unauthorized Insurers|Article 2 - Surplus Line Insurance|Part 2 - Interstate Cooperation for Collection and Disbursement of Premium Taxes|§ 33-5-43. Governor to Select Agreement Providing Best Financial Advantage

 The Governor with the consultation and advice of the Commissioner shall select the agreement, if any, that provides the best financial advantage to the state. In determining which agreement, if any, provides the best financial advantage to the state, the Governor with the consultation and advice of the Commissioner shall consider the impact on the state's gross receipt of premium tax, the potential additional administrative burden to the state and surplus line brokers procuring or placing surplus line insurance under this chapter, and such other criteria as determined by the Governor with the consultation and advice of the Commissioner.    (Code 1981, §33-5-43, enacted by Ga. L. 2011, p. 449, § 8/HB 413.)
GA Code § 33-5-44 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 5 - Regulation of Unauthorized Insurers|Article 2 - Surplus Line Insurance|Part 2 - Interstate Cooperation for Collection and Disbursement of Premium Taxes|§ 33-5-44. Notice; Report

 In the event the Governor enters into a cooperative agreement, compact, or reciprocal agreement with another state or states as authorized under this part, notice of such action shall be communicated to the chairperson of the House Committee on Insurance and the chairperson of the Senate Insurance and Labor Committee. The Commissioner shall thereafter annually issue a report to such committees that assesses whether, in his or her opinion, the agreement continues to be in the best financial interest of the state.    (Code 1981, §33-5-44, enacted by Ga. L. 2011, p. 449, § 8/HB 413.)