---
title: O.C.G.A. § 33-5-1. Representation of unauthorized insurers prohibited.
collection: code
id: 33-5-1
cite_as: O.C.G.A. § 33-5-1 (2025)
canonical_url: https://georgiacommons.org/code/33-5-1
md_url: https://georgiacommons.org/code/33-5-1.md
text_url: https://georgiacommons.org/code/33-5-1/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t33-ch1-22-(v24)-2020-pdf.pdf?sfvrsn=a873240d_0#page=200
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/33-5.md
previous: https://georgiacommons.org/code/33-4-7.md
next: https://georgiacommons.org/code/33-5-2.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: INSURANCE / REGULATION OF UNAUTHORIZED INSURERS / GENERAL PROVISIONS
---

# O.C.G.A. § 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.

## History

Code 1933, § 56-601, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1972, p. 476, § 1; Ga. L. 1982, p. 3, § 33; Ga. L. 2019, p. 337, § 1-23/SB 132.

The 2019 amendment, effective July 1, 2019, deleted ‘‘of Insurance’’ following ‘‘Commissioner’’ in the first sentence of paragraph (b)(6).

## Cross References

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