reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-25 - Language simplification and reading ease standards; applicability of Code section

(a)
All homeowner's insurance policies, including tenant homeowner's insurance policies, personal automobile insurance policies, individual life or accident and sickness insurance policies, all certificates of group life or accident and sickness insurance coverage, and all coverage booklets provided by insurers to group life or accident and sickness insurance certificate holders which are issued, delivered, or issued for delivery in this state on or after July 1, 1988, shall be written in a simplified form, shall be divided into logically arranged, captioned sections, and shall contain readable language which complies with the standards prescribed in such rules and regulations as may be promulgated by the Commissioner after due notice and hearing.
(b)
In establishing the policy language simplification and reading ease standards for such policies, certificates, and coverage booklets, the Commissioner may utilize a minimum score of 40 on the "Flesch reading ease test" as the basic standard, or such other nationally recognized reading ease standards or tests as would produce comparable policy language simplification and readability results, and may also provide for exceptions thereto by appropriate rules and regulations.
(c)
This Code section shall apply to all insurers issuing the kinds of insurance policies described in subsection (a) of this Code section in this state, including all insurers, nonprofit corporations, or other organizations issuing policies or contracts of life or accident and sickness coverage under Chapter 15, 20, 21, 29, or 30 of this title.
Amended by 2019 Ga. Laws 139,§ 1-21, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-27 - Reports of awards under medical malpractice insurance policies

(a)
For the purposes of this Code section, the term:
(1)
"High/low agreement" means a settlement in which a defendant agrees to pay the plaintiff a minimum recovery in return for the plaintiff's agreement to accept a maximum amount regardless of the outcome of the trial.
(2)
"Low payment" means the defendant pays the plaintiff the minimum recovery under a high/low agreement where the court rules in favor of the defendant.
(3)
"Medical malpractice claim" means any claim for damages resulting from the death of or injury to any person arising out of health, medical, or surgical service, diagnosis, prescription, treatment, or care rendered by a person authorized by law to practice medicine in this state or by any person acting under such person's supervision and control.
(b)
Every insurer providing medical malpractice insurance coverage in this state shall notify in writing the Georgia Composite Medical Board when it pays a judgment or enters into an agreement to pay an amount to settle a medical malpractice claim, other than a low payment under a high/low agreement, against a person authorized by law to practice medicine in this state. Such judgments or agreements shall be reported to the board regardless of the dollar amount. Such notice shall be sent within 30 days after the judgment has been paid or the agreement has been entered into by the parties involved in the claim.
Amended by 2019 Ga. Laws 269,§ 1, eff. 7/1/2019.
Amended by 2009 Ga. Laws 243,§ 2, eff. 7/1/2009.
Amended by 2005 Ga. Laws 1,§ 8, eff. 2/16/2005.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-28 - Request by claimant for information as to name of insurer, name of each insured, and limits of coverage

(a)
(1)
Every insurer providing liability or casualty insurance coverage in this state and which is or may be liable to pay all or a part of any claim shall provide, within 60 days of receiving a written request from the claimant, a statement, under oath, of a corporate officer or the insurer's claims manager stating with regard to each known policy of insurance issued by it, including excess or umbrella insurance, the name of the insurer, the name of each insured, and the limits of coverage. Such insurer may provide a copy of the declaration page of each such policy in lieu of providing such information. The claimant's request shall set forth under oath the specific nature of the claim asserted and shall be mailed to the insurer by certified mail or statutory overnight delivery.
(2)
The insured, within 30 days of receiving a written request from a claimant or the claimant's attorney, shall disclose to the claimant or his attorney the name of each known insurer which may be liable to the claimant upon such claim.
(b)
If the request provided in subsection (a) of this Code section contains information insufficient to allow compliance, the insurer or insured upon whom the request was made may so state in writing, stating specifically what additional information is needed, and such compliance shall constitute compliance with this Code section.
(c)
The information provided to a claimant or his attorney as required by subsection (a) of this Code section shall not create a waiver of any defenses to coverage available to the insurer and shall not be admissible in evidence unless otherwise admissible under Georgia law.
(d)
The information provided to a claimant or his attorney as required by subsection (a) of this Code section shall be amended upon the discovery of facts inconsistent with or in addition to the information provided.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-29 - Licensing of foreign state insurers as domestic insurers

(a)
Any insurer which is organized under the laws of any other state and is admitted to do business in this state for the purpose of writing insurance may become a domestic insurer by complying with all of the requirements of this title relative to the organization and licensing of a domestic insurer of the same type and by designating its principal place of business at a location in this state. Upon satisfaction of such requirements, the insurer shall be issued a certificate of authority and license to transact business in this state and shall be subject to the authority and jurisdiction of this state as a domestic insurer. The redomesticated insurer may choose to retain its original date of incorporation in lieu of its date of redomestication, provided that the retention of an earlier incorporation date shall not affect the operation or application of other laws.
(b)
Any domestic insurer may, upon the approval of the Commissioner, transfer its domicile to any other state in which it is admitted to transact the business of insurance and, upon such a transfer, shall cease to be a domestic insurer and shall be admitted to this state if qualified as a foreign insurer. The Commissioner shall approve any such proposed transfer unless the Commissioner determines such transfer is not in the best interest of the policyholders of this state.
(c)
The certificate of authority, agent appointments and licenses, rates, and other items which the Commissioner allows, in his discretion, and which are in existence at the time any insurer licensed to transact the business of insurance in this state transfers its corporate domicile to this or any other state by merger, consolidation, or any other lawful method shall continue in full force and effect upon such transfer if such insurer remains duly authorized to transact the business of insurance in this state. All outstanding policies of any transferring insurer shall remain in full force and effect and need not be endorsed as to the new name of the company or its new location unless so ordered by the Commissioner. Every transferring insurer shall file new policy forms with the Commissioner on or before the effective date of the transfer but may use existing policy forms with appropriate endorsements if allowed by, and under such conditions as approved by, the Commissioner. Every such transferring insurer shall notify the Commissioner of the details of the proposed transfer and shall file promptly any forms, documents, or amendments to forms or documents with the Commissioner. The Commissioner may promulgate rules and regulations necessary to carry out the purposes of this Code section.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 3 - AUTHORIZATION AND GENERAL REQUIREMENTS FOR TRANSACTION OF INSURANCE (§§ 33-3-1 — 33-3-30) › Section 33-3-30 - Principal United States place of business of alien insurer entering through this state

(a)
Each alien insurer which enters through this state to transact insurance in the United States through a United States branch shall establish and maintain in this state such insurer's principal place of business in the United States, and shall keep in such principal place of business complete records of the assets, transactions, and affairs in accordance with the methods and systems which are customary or suitable as to the kind or kinds of insurance transacted in the United States.
(b)
Concealment from the Commissioner or removal from this state of any material part of the records required to be kept in this state under subsection (a) of this Code section, except for any reasonable purposes and periods of time as may be approved by the Commissioner in writing in advance of such removal, is prohibited. The certificate of authority to do business of any alien insurer which removes or attempts to remove any material part of such records from the principal place of business of the insurer in this state with the intent to remove the same from this state or conceals or attempts to conceal the same from the Commissioner in violation of this subsection shall be revoked. Upon any removal or attempted removal of such records or upon retention of such records or material part of such records outside this state beyond the period specified in the Commissioner's consent under which such records were permitted to be removed or upon concealment of or attempts to conceal such records in violation of this subsection, the Commissioner may institute proceedings against the insurer pursuant to Chapter 37 of this title.
(c)
This Code section shall not be deemed to prohibit or prevent an alien insurer from establishing and maintaining branch offices or regional home offices in other states where necessary or convenient to the transaction of its business and keeping therein the detailed records customary and necessary for the servicing of the insurance in force in the jurisdiction served by such an office as long as such records are made readily available at such office for examination by the Commissioner at his request.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 4 - ACTIONS AGAINST INSURANCE COMPANIES (§§ 33-4-1 — 33-4-7) › Section 33-4-1 - Venue of actions

Except for actions arising against unauthorized insurers or under surplus line contracts which are provided for in Chapter 5 of this title, whenever any person shall have a claim or demand on any insurer, such person may bring an action in any of the following places:
(1)
In the county where the principal office of the company is located;
(2)
In any county where the company shall have an agent or place of doing business;
(3)
In any county where such agent or place of doing business was located at the time the cause of action accrued or the contract was made out of which such cause of action arose; or
(4)
In any county where the property covered by an insurance contract upon which an action is brought is located or where the person entitled to the proceeds of an insurance contract upon which action is brought maintains his legal residence. For the purpose of this paragraph, personal property shall be deemed to be located in the county of the legal residence of the owner of such personal property, and, for the purpose of bringing an action under this paragraph, a company which has written a contract of insurance upon persons or property located in a particular county or which has become surety for the performance of an obligation in a particular county shall be deemed to be transacting business in such county and shall be deemed to be a legal resident of such county; provided, further, that any action on the bond of a sheriff or other arresting or law enforcement officer or superior court clerk or deputy clerk or clerk or deputy of any court of record, upon which any guaranty or surety company or fidelity insurance company is bound and obligated as surety, shall be instituted in the county of the residence of the officer and not in any other county; and the county of the residence of the officer is hereby fixed as the venue of any action on such bond; and the officer may be made a party defendant or may by intervention become a party defendant.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 4 - ACTIONS AGAINST INSURANCE COMPANIES (§§ 33-4-1 — 33-4-7) › Section 33-4-2 - Domestic insurers, service of process

Service of process against a domestic insurer may be made upon the insurer corporation in the manner provided by laws applying to corporations generally or upon the insurer's attorney in fact if a reciprocal insurer or a Lloyd's association.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 4 - ACTIONS AGAINST INSURANCE COMPANIES (§§ 33-4-1 — 33-4-7) › Section 33-4-3 - Alien or foreign insurers, service of process generally

Each authorized alien or foreign insurer shall make the following appointments for service of process:
(1)
Each insurer shall file with the Commissioner a power of attorney appointing a person who is a resident of this state to receive service of legal process issued against it in this state upon any cause of action arising from its transactions of business in this state. The power of attorney shall be irrevocable and may only be terminated by the filing of a new appointment by the insurer; and
(2)
Each insurer shall appoint the Commissioner as its attorney to receive service of legal process issued against it in this state upon any cause of action arising from its transactions of business in this state. The appointment shall be irrevocable, shall bind any successor, and shall remain in effect as long as there is in force in this state any contract made by the insurer or obligations arising therefrom. Each insurer at time of application for a certificate of authority shall file with the Commissioner the designation of the name and address of the person to whom process against it served upon the Commissioner is to be forwarded. The insurer may change such designation by a new filing. Service of process upon the Commissioner, however, shall only be made when service cannot be effected in this state by serving the attorney in fact appointed by the insurer as provided under paragraph (1) of this Code section.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 4 - ACTIONS AGAINST INSURANCE COMPANIES (§§ 33-4-1 — 33-4-7) › Section 33-4-4 - Alien or foreign insurers, duplicate copies of process upon designated agent or Commissioner

(a)
In addition to other methods of service provided by law, a foreign or alien insurer may be served with legal process by service of duplicate copies of the legal process on the agent for service designated under Code Section
33-4-3
or upon the Commissioner. At the time of service the plaintiff shall pay a fee in an amount as provided in Code Section
33-8-1
, taxable as cost in the action. Upon receiving such service the Commissioner shall promptly forward a copy of such service by registered or certified mail or statutory overnight delivery to the person last so designated by the insurer to receive the same.
(b)
Process served upon the Commissioner and a copy of such process forwarded as provided in this Code section shall constitute service of such legal process upon the insurer so long as the insurer shall have any obligations or liabilities outstanding, although the company may have withdrawn, have been excluded from, or have ceased to do business in this state.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 4 - ACTIONS AGAINST INSURANCE COMPANIES (§§ 33-4-1 — 33-4-7) › Section 33-4-5 - Service of process upon chief executive officer by alien or foreign insurers

In actions upon any certificate or policy issued by a nonresident religious or mutual aid society, cooperative, or assessment life insurance company or society, service upon the chief executive officer, or the person acting officially for or as the chief executive officer of a local lodge, shall be sufficient service upon the society or company. In carrying out the purpose of this Code section, officers of local lodges are deemed to be agents of the nonresident societies or companies and the local lodges are deemed to be agencies of said companies or societies.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 4 - ACTIONS AGAINST INSURANCE COMPANIES (§§ 33-4-1 — 33-4-7) › Section 33-4-6 - Liability of insurer for damages and attorney's fees; notice to Commissioner and consumers' insurance advocate

(a)
In the event of a loss which is covered by a policy of insurance and the refusal of the insurer to pay the same within 60 days after a demand has been made by the holder of the policy and a finding has been made that such refusal was in bad faith, the insurer shall be liable to pay such holder, in addition to the loss, not more than 50 percent of the liability of the insurer for the loss or $5,000.00, whichever is greater, and all reasonable attorney's fees for the prosecution of the action against the insurer. The action for bad faith shall not be abated by payment after the 60 day period nor shall the testimony or opinion of an expert witness be the sole basis for a summary judgment or directed verdict on the issue of bad faith. The amount of any reasonable attorney's fees shall be determined by the trial jury and shall be included in any judgment which is rendered in the action; provided, however, that the attorney's fees shall be fixed on the basis of competent expert evidence as to the reasonable value of the services based on the time spent and legal and factual issues involved in accordance with prevailing fees in the locality where the action is pending; provided, further, that the trial court shall have the discretion, if it finds the jury verdict fixing attorney's fees to be greatly excessive or inadequate, to review and amend the portion of the verdict fixing attorney's fees without the necessity of disapproving the entire verdict. The limitations contained in this Code section in reference to the amount of attorney's fees are not controlling as to the fees which may be agreed upon by the plaintiff and the plaintiff's attorney for the services of the attorney in the action against the insurer.
(b)
In any action brought pursuant to subsection (a) of this Code section, and within 20 days of bringing such action, the plaintiff shall, in addition to service of process in accordance with Code Section
9-11-4
, mail to the Commissioner of Insurance a copy of the demand and complaint by first-class mail. Failure to comply with this subsection may be cured by delivering same.
Amended by 2016 Ga. Laws 625,§ 33, eff. 5/3/2016.
Amended by 2015 Ga. Laws 187,§ 21, eff. 7/1/2015.
Amended by 2001 Ga. Laws 229, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 1 - GENERAL PROVISIONS (§§ 33-5-1 — 33-5-3) › Section 33-5-1 - Representation of unauthorized insurers prohibited

(a)
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.
(b)
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 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.
Amended by 2019 Ga. Laws 139,§ 1-23, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 1 - GENERAL PROVISIONS (§§ 33-5-1 — 33-5-3) › Section 33-5-2 - Validity of contracts effectuated by unauthorized insurers; dissemination of advertising for or on behalf of unauthorized insurers

(a)
A contract of insurance effectuated by an unauthorized insurer in violation of this title shall be voidable except at the instance of the insurer unless during the life of such contract the insurer is authorized to transact the class or classes of insurance involved.
(b)
No publication published in this state or radio or television broadcast or any other agency or means for the dissemination of information operated or located in this state shall publish, broadcast, or otherwise disseminate within this state advertising for or on behalf of any insurer not then authorized to transact insurance in this state; provided, however, that this subsection shall not apply as to publications published in this state principally for circulation in other states, wherein advertising by or on behalf of such unauthorized insurers is not expressly directed toward residents or subjects of insurance in this state.
Amended by 2019 Ga. Laws 139,§ 1-24, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 1 - GENERAL PROVISIONS (§§ 33-5-1 — 33-5-3) › Section 33-5-3 - Penalty for violations of chapter

Any person, firm, or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 2 - SURPLUS LINE INSURANCE (§§ 33-5-20 — 33-5-44) › Part 1 - GENERALLY (§§ 33-5-20 — 33-5-35) › Section 33-5-20 - Short title

This article shall be known and may be cited as "The Surplus Line Insurance Law."
Amended by 2020 Ga. Laws 521,§ 33, eff. 7/29/2020.
Amended by 2011 Ga. Laws 112,§ 8, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 2 - SURPLUS LINE INSURANCE (§§ 33-5-20 — 33-5-44) › Part 1 - GENERALLY (§§ 33-5-20 — 33-5-35) › Section 33-5-20.2 - Criteria for domestic surplus lines insurer; construction with federal provisions; eligibility to write insurance; taxes; protection; financial and solvency requirements; exemption from statutory requirements

(a)
A nonadmitted insurer that is domiciled in this state shall be deemed a domestic surplus lines insurer if all of the following criteria are satisfied:
(1)
The insurer shall possess a policyholder surplus of at least $15 million;
(2)
The insurer is an eligible surplus lines insurer in at least one jurisdiction other than this state;
(3)
The board of directors of the insurer has passed a resolution seeking to be a domestic surplus lines insurer in this state; and
(4)
The Commissioner has issued a certificate of authority or otherwise provided written approval for the insurer to be a domestic surplus lines insurer.
(b)
For the purposes of the federal Nonadmitted and Reinsurance Reform Act of 2010,
15 U.S.C Section 8201
, et seq, a domestic surplus lines insurer shall be considered a nonadmitted insurer with respect to risks insured in this state.
(c)
A domestic surplus lines insurer shall be deemed an eligible surplus lines insurer and authorized to write any kind of insurance that a nonadmitted insurer not domiciled in this state is eligible to write.
(d)
Notwithstanding any other statute, the policies issued in this state by a domestic surplus lines insurer shall be subject to taxes assessed upon surplus lines policies issued by nonadmitted insurers, including the surplus lines premium tax, but will not be subject to other taxes levied upon admitted insurers, whether domestic or foreign.
(e)
Policies issued by a domestic surplus lines insurer are not subject to the protections or other provisions of the Georgia Insurers Insolvency Pool created by Chapter 36 of this title or the Georgia Life and Health Insurance Guaranty Association created by Chapter 38 of this title.
(f)
All financial and solvency requirements imposed by this state's laws upon domestic admitted insurers shall apply to domestic surplus lines insurers unless domestic surplus lines insurers are otherwise specifically exempted.
(g)
Policies issued by a domestic surplus lines insurer shall be exempt from all statutory requirements relating to insurance rating plans, policy forms, premiums charged to insureds, and other statutory requirements in the same manner and to the same extent as a nonadmitted insurer domiciled in another state.
Added by 2018 Ga. Laws 448,§ 2, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 2 - SURPLUS LINE INSURANCE (§§ 33-5-20 — 33-5-44) › Part 1 - GENERALLY (§§ 33-5-20 — 33-5-35) › Section 33-5-21 - Authorization of procurement of surplus line insurance; conditions; procuring or placing nonadmitted insurance for exempt commercial purchaser

(a)
Surplus line insurance may be procured from unauthorized insurers subject to the following conditions:
(1)
The insurance must be procured through a licensed surplus line broker;
(2)
The insurance may only be procured from insurers which meet the financial condition requirements of Code Section
33-5-25
;
(3)
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
(4)
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.
(b)
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:
(1)
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
(2)
The exempt commercial purchaser has subsequently requested in writing for the broker to procure or place such insurance from a nonadmitted insurer.
Amended by 2019 Ga. Laws 139,§ 1-26, eff. 7/1/2019.
Amended by 2011 Ga. Laws 112,§ 2, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 2 - SURPLUS LINE INSURANCE (§§ 33-5-20 — 33-5-44) › Part 1 - GENERALLY (§§ 33-5-20 — 33-5-35) › Section 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
.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 2 - SURPLUS LINE INSURANCE (§§ 33-5-20 — 33-5-44) › Part 1 - GENERALLY (§§ 33-5-20 — 33-5-35) › Section 33-5-22 - Licensing of surplus line brokers generally

A surplus lines broker shall be licensed in accordance with Code Section
33-23-37
.
Amended by 2001 Ga. Laws 293, § 2, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 2 - SURPLUS LINE INSURANCE (§§ 33-5-20 — 33-5-44) › Part 1 - GENERALLY (§§ 33-5-20 — 33-5-35) › Section 33-5-23 - Revocation or suspension of broker's license

(a)
The Commissioner shall revoke any surplus line broker's license:
(1)
If the broker fails to file his quarterly affidavit or to remit the tax as required by law;
(2)
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
(3)
For any of the causes for which an agent's license may be revoked.
(b)
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.
(c)
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.
(d)
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.
Amended by 2019 Ga. Laws 139,§ 1-27, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 2 - SURPLUS LINE INSURANCE (§§ 33-5-20 — 33-5-44) › Part 1 - GENERALLY (§§ 33-5-20 — 33-5-35) › Section 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.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 2 - SURPLUS LINE INSURANCE (§§ 33-5-20 — 33-5-44) › Part 1 - GENERALLY (§§ 33-5-20 — 33-5-35) › Section 33-5-26 - Endorsement of insurance contract by broker

(a)
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."
(b)
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.
Amended by 2019 Ga. Laws 139,§ 1-28, eff. 7/1/2019.
Amended by 2002 Ga. Laws 407, § 2, eff. 3/11/2002.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 2 - SURPLUS LINE INSURANCE (§§ 33-5-20 — 33-5-44) › Part 1 - GENERALLY (§§ 33-5-20 — 33-5-35) › Section 33-5-27 - Issuance to insured by broker of evidence of insurance; issuance of substitute certificate or endorsement; delivery of policy to insured; penalties

(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 2 - SURPLUS LINE INSURANCE (§§ 33-5-20 — 33-5-44) › Part 1 - GENERALLY (§§ 33-5-20 — 33-5-35) › Section 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.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 2 - SURPLUS LINE INSURANCE (§§ 33-5-20 — 33-5-44) › Part 1 - GENERALLY (§§ 33-5-20 — 33-5-35) › Section 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.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 2 - SURPLUS LINE INSURANCE (§§ 33-5-20 — 33-5-44) › Part 1 - GENERALLY (§§ 33-5-20 — 33-5-35) › Section 33-5-31 - Payment by broker of tax for privilege of doing business; computation and allocation of tax

(a)
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.
(b)
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.
Amended by 2012 Ga. Laws 746,§ 2, eff. 7/1/2012.
Amended by 2011 Ga. Laws 112,§ 4, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 2 - SURPLUS LINE INSURANCE (§§ 33-5-20 — 33-5-44) › Part 1 - GENERALLY (§§ 33-5-20 — 33-5-35) › Section 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.
Amended by 2011 Ga. Laws 112,§ 5, eff. 7/1/2011.
Amended by 2010 Ga. Laws 621,§ 2, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 2 - SURPLUS LINE INSURANCE (§§ 33-5-20 — 33-5-44) › Part 1 - GENERALLY (§§ 33-5-20 — 33-5-35) › Section 33-5-34 - Venue of actions against unauthorized insurers issuing surplus line policies; service of process; filing of pleading by insurer

(a)
An action shall be brought against any unauthorized insurer under any contract issued by it as a surplus line contract pursuant to this chapter in the superior court of the county in which the cause of action arose.
(b)
Every unauthorized insurer issuing or delivering a surplus line policy through a surplus line broker in this state shall be deemed thereby to have appointed the Commissioner as its attorney for acceptance of service of all legal process issued in this state in any action or proceeding arising out of the policy, and service of process upon the Commissioner shall be lawful personal service upon the insurer.
(c)
Each surplus line policy shall contain a provision stating the substance of subsection (b) of this Code section and designating the person to whom the Commissioner shall mail process as provided in subsection (d) of this Code section.
(d)
Duplicate copies of legal process against the insurers shall be served upon the Commissioner and at time of service the plaintiff shall pay a fee in an amount as provided in Code Section
33-8-1
, taxable as costs in the action. The Commissioner shall immediately mail one copy of the process so served to the person designated by the insurer in the policy for the purpose, by registered or certified mail or statutory overnight delivery with return receipt requested.
(e)
The insurer shall have 30 days after the date of mailing within which to plead, answer, or otherwise defend the action.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 2 - SURPLUS LINE INSURANCE (§§ 33-5-20 — 33-5-44) › Part 1 - GENERALLY (§§ 33-5-20 — 33-5-35) › Section 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:
(1)
Insurance on property or operation of railroads engaged in interstate commerce; or
(2)
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.
Amended by 2019 Ga. Laws 139,§ 1-31, eff. 7/1/2019.
Amended by 2011 Ga. Laws 112,§ 7, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 2 - SURPLUS LINE INSURANCE (§§ 33-5-20 — 33-5-44) › Part 2 - INTERSTATE COOPERATION FOR COLLECTION AND DISBURSEMENT OF PREMIUM TAXES (§§ 33-5-40 — 33-5-44) › Section 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.
Amended by 2019 Ga. Laws 139,§ 1-32, eff. 7/1/2019.
Added by 2011 Ga. Laws 112,§ 8, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 2 - SURPLUS LINE INSURANCE (§§ 33-5-20 — 33-5-44) › Part 2 - INTERSTATE COOPERATION FOR COLLECTION AND DISBURSEMENT OF PREMIUM TAXES (§§ 33-5-40 — 33-5-44) › Section 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
.
Amended by 2019 Ga. Laws 139,§ 1-33, eff. 7/1/2019.
Amended by 2012 Ga. Laws 746,§ 4, eff. 7/1/2012.
Added by 2011 Ga. Laws 112,§ 8, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 2 - SURPLUS LINE INSURANCE (§§ 33-5-20 — 33-5-44) › Part 2 - INTERSTATE COOPERATION FOR COLLECTION AND DISBURSEMENT OF PREMIUM TAXES (§§ 33-5-40 — 33-5-44) › Section 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.
Added by 2011 Ga. Laws 112,§ 8, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 2 - SURPLUS LINE INSURANCE (§§ 33-5-20 — 33-5-44) › Part 2 - INTERSTATE COOPERATION FOR COLLECTION AND DISBURSEMENT OF PREMIUM TAXES (§§ 33-5-40 — 33-5-44) › Section 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.
Added by 2011 Ga. Laws 112,§ 8, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 5 - REGULATION OF UNAUTHORIZED INSURERS (§§ 33-5-1 — 33-5-59) › Article 2 - SURPLUS LINE INSURANCE (§§ 33-5-20 — 33-5-44) › Part 2 - INTERSTATE COOPERATION FOR COLLECTION AND DISBURSEMENT OF PREMIUM TAXES (§§ 33-5-40 — 33-5-44) › Section 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.
Added by 2011 Ga. Laws 112,§ 8, eff. 7/1/2011.