Georgia Commons

Title 33. INSURANCE

Chapter 5. REGULATION OF UNAUTHORIZED INSURERS

37 sections · 33-5-1 to 33-5-59

Article 1. GENERAL PROVISIONS

  1. 33-5-1Representation of unauthorized insurers prohibited.
  2. 33-5-2Validity of contracts effectuated by unauthorized insurers; dissemination of advertising for or on behalf of unauthorized insurers.
  3. 33-5-3Penalty for violations of chapter.

Article 2. SURPLUS LINE INSURANCE · Part 1. GENERAL PROVISIONS

  1. 33-5-20Short title.
  2. 33-5-20.1Definitions.
  3. 33-5-20.2Criteria for domestic surplus lines insurer; construction with federal provisions; eligibility to write insurance; taxes; protection; financial and solvency requirements; exemption from statutory requirements.
  4. 33-5-21Authorization of procurement of surplus line insurance; conditions; procuring or placing nonadmitted insurance for exempt commercial purchaser.
  5. 33-5-21.1Application of Chapter 9 or Code Section 33-24-9.
  6. 33-5-22Licensing of surplus line brokers generally.
  7. 33-5-23Revocation or suspension of broker’s license.
  8. 33-5-24Acceptance and placement of business by surplus line brokers generally.
  9. 33-5-25Broker to ascertain financial condition of unauthorized insurer prior to placement of insurance therewith; placement of insurance with foreign or alien insurers.
  10. 33-5-26Endorsement of insurance contract by broker.
  11. 33-5-27Issuance to insured by broker of evidence of insurance; issuance of substitute certificate or endorsement; delivery of policy to insured; penalties.
  12. 33-5-28Maintenance by broker of records of policies written or renewed.
  13. 33-5-29Filing of quarterly affidavits by surplus line brokers; filing of reports of affairs and operations by brokers.
  14. 33-5-30Validity and enforceability of contracts procured as surplus line insurance.
  15. 33-5-31Payment by broker of tax for privilege of doing business; computation and allocation of tax.
  16. 33-5-32Penalty for failure to file quarterly affidavit or remit tax within time prescribed by law; collection and disposition of penalty.
  17. 33-5-33Filing of report by persons procuring insurance with unauthorized insurers; levy, collection, and disposition of tax by persons procuring such insurance.
  18. 33-5-34Venue of actions against unauthorized insurers issuing surplus line policies; service of process; filing of pleading by insurer.
  19. 33-5-35Applicability of article.

Article 2. SURPLUS LINE INSURANCE · Part 2. INTERSTATE COOPERATION FOR COLLECTION AND DISBURSEMENT OF PREMIUM TAXES

  1. 33-5-40Legislative findings.
  2. 33-5-41Governor authorized to enter into cooperative agreement, compact, or reciprocal agreement for collection of insurance premium taxes.
  3. 33-5-42Agreement to substantially follow form of model Surplus Lines Insurance Multi-State Compliance Compact.
  4. 33-5-43Governor to select agreement providing best financial advantage.
  5. 33-5-44Notice; report.

Article 3. UNAUTHORIZED INSURERS PROCESS ACT

  1. 33-5-50Short title; construction.
  2. 33-5-51Purpose of article.
  3. 33-5-52Acts by insurer which constitute appointment of Commissioner as agent for service.
  4. 33-5-53Service of action and process upon Commissioner; sending of notice of service to defendant; applicability.
  5. 33-5-54Service of process upon solicitor, collector, or other agent of insurer.
  6. 33-5-55Mode of service prescribed by article cumulative.
  7. 33-5-56Right of plaintiff or complainant to default judgment or judgment with leave to prove damages.
  8. 33-5-57Conditions precedent to filing of pleadings by insurer generally; granting of postponements; filing by insurer of motion to quash writ or set aside service.
  9. 33-5-58Recovery of penalty and attorney’s fees by plaintiff; effect of failure of insurer to defend action.
  10. 33-5-59Applicability of article.