(b.1) (1) In lieu of requiring individual employees to obtain a limited credit insurance license pursuant to the provisions of subsection (b) of this Code section, any business entity that sells, solicits, or negotiates the lines or sublines of credit insurance pursuant to paragraph (5) of subsection (b) of this Code section may make application to the Commissioner for a limited credit insurance agency license so long as:
wherein, with regard to any particular travel or type of travel or travelers, all members or customers of the group share a common exposure to risk attendant to such travel;
Travel insurance shall not include major medical plans which provide comprehensive medical protection for travelers with trips lasting six months or longer, including, but not limited to, those working or residing overseas as an expatriate, or any other product that requires a specific insurance producer license.
For the purposes of this division, the term “delivery” means handing fulfillment materials to the policyholder or primary certificate holder or sending fulfillment materials by postal mail or electronically to the policyholder or primary certificate holder.
(A) The entity examines the character and fitness of each of its employees that sell, solicit, or negotiate credit insurance on its behalf to the satisfaction of the Commissioner, including but not limited to performing criminal background checks;
(B) The entity provides at least five hours of training in minimum basic insurance concepts and credit insurance subjects to its employees who sell, solicit, or negotiate credit insurance on its behalf prior to allowing these employees to sell, solicit, or negotiate such insurance. The Commissioner shall approve materials for this training course in a manner provided for by rules and regulations. The entity shall maintain records of compliance with this subparagraph and shall submit such records upon the Commissioner’s request;
(C) The entity provides at least two hours of annual continuing education courses taught by such entity or an insurer to its employees who sell, solicit, or negotiate credit insurance on its behalf. The Commissioner shall approve materials for this training course by rules and regulations. Such entity shall maintain records of compliance with this subparagraph and shall submit such records upon the request of the Commissioner;
(D) The entity submits to the Commissioner along with its application for licensure a list of employees who sell, solicit, or negotiate credit insurance on behalf of the entity in a manner prescribed by the Commissioner. Such entity shall update such employee list in a manner prescribed by the Commissioner; and
(E) The entity submits to the Commissioner with its application for licensure a list of all physical locations where its employees sell, solicit, or negotiate credit insurance on its behalf. The entity shall update such list in a manner prescribed by the Commissioner.
(2) The entity shall make application to the Commissioner for a limited credit insurance agency license in such form or forms and providing such information as the Commissioner may prescribe and shall pay an initial license fee pursuant to Code Section 33-8-1 or as provided for by rules and regulations.
(3) The lines or sublines of insurance included in the scope of authority of limited credit insurance agency licenses issued under this subsection shall include such licenses as provided for in paragraph (5) of subsection (b) of this Code section.
(4) Any limited credit insurance agency license issued under this subsection shall also authorize any employee of such limited licensee to act individually on behalf and under the supervision of such limited licensee with respect to selling, soliciting, and negotiating the kinds of coverage specified in this subsection only and any such employee shall be authorized to receive related compensation, notwithstanding any other provision of law.
(5) In the event that any provision of this title is violated by a limited licensee or any employee selling, soliciting, or negotiating credit insurance on behalf of such limited licensee, the Commissioner may:
(A) Revoke, suspend, or place on probation the entity’s limited credit insurance agency license issued under this subsection in accordance with the provisions of Code Sections 33-23-21 and 33-23-22, and the procedures for notice and the conduct of hearings pursuant to Chapter 2 of this title; or
(B) Impose such other penalties, including but not limited to suspending the transaction of insurance at specific locations where violations of this subsection have occurred as the Commissioner determines to be necessary or convenient to carry out the purposes of this subsection in accordance with the procedures for notice and the conduct of hearings set forth in Chapter 2 of this title.
History. Code 1981, § 33-23-12 , enacted by Ga. L. 1992, p. 2830, § 1; Ga. L. 1995, p. 437, § 3; Ga. L. 1999, p. 878, § 4; Ga. L. 2001, p. 4, § 33; Ga. L. 2001, p. 925, § 1; Ga. L. 2002, p. 1047, § 1; Ga. L. 2008, p. 1076, § 7/SB 113; Ga. L. 2012, p. 757, § 1/HB 463; Ga. L. 2012, p. 1040, §§ 2, 3/SB 203; Ga. L. 2012, p. 1350, §§ 1, 2/HB 1067; Ga. L. 2013, p. 141, § 33/HB 79; Ga. L. 2013, p. 742, §§ 1, 2/SB 234; Ga. L. 2014, p. 866, § 33/SB 340; Ga. L. 2017, p. 774, § 33/HB 323; Ga. L. 2018, p. 1081, § 1/HB 938; Ga. L. 2019, p. 337, § 1-93/SB 132; Ga. L. 2019, p. 386, § 7/SB 133; Ga. L. 2019, p. 1056, § 33/SB 52; Ga. L. 2020, p. 493, § 33/SB 429; Ga. L. 2021, p. 349, § 2/HB 205.
The 2018 amendment, effective July 1, 2018, inserted “subsection (b.1) of this Code section,” near the middle of subsection (a) and added subsection (b.1).
The 2019 amendments. —
The first 2019 amendment, effective July 1, 2019, substituted “Department of Insurance” for “Insurance Department” in the third sentence of division (f)(2)(C)(ii). The second 2019 amendment, effective July 1, 2019, substituted “Commissioner” for “commissioner” near the beginning of paragraph (d)(2), in two places in paragraph (d)(4), in the middle of introductory paragraph (d)(14), and in subparagraph (d)(14)(B); added “and” at the end of division (c)(6)(B)(iv); substituted “an instructor licensed under this article” for “a licensed instructor” in the first and second sentences of paragraph (c)(8); substituted “this state” for “the State of Georgia” in two places in subparagraph (d)(1)(C); deleted “causes of loss” following “more of the following” in the middle of the first sentence of subparagraph (d)(1)(E); inserted “a” following “authorized by” in the middle of subparagraph (d)(1)(G); substituted “ten days’ ” for “ten days” in the middle of the second sentence of paragraph (d)(4); substituted “by an instructor licensed under this article” for “by a licensed instructor” at the end of paragraph (d)(12); in subparagraph (d)(15)(B), substituted “then such insurer” for “then the insurer” near the middle, and substituted “such changes” for “material changes” near the end; substituted “subparagraph (A) of this paragraph” for “paragraph (15) of subsection (a) of this Code section” near the beginning of subparagraphs (d)(15)(C) and (d)(15)(D); and substituted “When” for “Where” at the beginning of subparagraph (d)(15)(E); substituted “paragraph” for “subparagraph” at the end of the second sentence of paragraph (d)(16); deleted “the provisions of” following “facilities pursuant to” near the end of subparagraph (e)(1)(A); and substituted “an instructor licensed pursuant to this article” for “a licensed instructor” in paragraph (e)(7). The third 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, revised punctuation near the end of the first sentence of subparagraph (b.1)(1)(B).
The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “email” for “e-mail” in three places in paragraph (d)(16); and substituted “laws and rules and regulations” for “laws, rules and regulations” near the end of division (f)(2)(C)(iii).
The 2021 amendment, effective May 4, 2021, rewrote subsection (f).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1999, subparagraphs (c)(1)(D), (c)(1)(E), and (c)(1)(F) were redesignated as subparagraphs (c)(1)(E), (c)(1)(F), and (c)(1)(D), respectively, and “two hours of continuing” was substituted for “2 hours continuing” in the second sentence of paragraph (c)(8).
Structure Georgia Code
Article 1 - Agents, Agencies, Subagents, Counselors, and Adjusters
§ 33-23-1.1. Counselor’s Additional Ancillary Services Considered a Separate Transaction
§ 33-23-3. Agency Licensing and Biennial Renewals; Ownership Restrictions
§ 33-23-5. Qualifications and Requirements for License
§ 33-23-6. Bond Requirements for Applicants for Adjuster’s License
§ 33-23-7. Bond Requirement for Applicants for Counselor’s License
§ 33-23-8. Form and Contents of License Application; Fees
§ 33-23-9. Study Materials for Applicants
§ 33-23-10. Examination of Applicants
§ 33-23-11. Issuance and Contents of License; Display Certificate of Licensure
§ 33-23-13. Temporary Licenses
§ 33-23-14. Probationary Licenses
§ 33-23-15. Additional Licenses
§ 33-23-16. Licensing of Nonresidents
§ 33-23-19. Placing of License on Inactive Status; Subsequent Revocation
§ 33-23-20. Effect of License Suspension or Placement of License on Inactive Status
§ 33-23-21. Grounds for Refusal, Suspension, or Revocation of License
§ 33-23-21.1. Licensing for Educational Borrowers in Default
§ 33-23-22. Notice of Suspension or Revocation of License; Hearing; Appeals
§ 33-23-24. Permits and Licenses Not Transferable
§ 33-23-26. Agent’s Certificate of Authority
§ 33-23-27. Subagent’s Certificate of Authority
§ 33-23-28. Scope of Subagent’s Authority; Record of Transactions
§ 33-23-29. Authority of Agent to Act as Adjuster; Nonresident Adjusters; Reciprocal Agreements
§ 33-23-29.1. Licensing of Nonresident Counselors
§ 33-23-30. Restrictions on Signing by Agents
§ 33-23-31. Risk Situs; Service on Nonresidents; Venue of Action
§ 33-23-32. Countersigning by Resident Agents Not Required Generally; Exceptions; Commissions
§ 33-23-33. Duty of Licensees to Provide Current Information of Names and Addresses
§ 33-23-34. Records of Transactions
§ 33-23-35. Reporting and Disposition of Premiums
§ 33-23-36. Inquiry Into Illegal or Improper Conduct
§ 33-23-37. Licensing of Surplus Lines Broker; Application; Bond; Written Examination
§ 33-23-40. Contracts Issued by Unauthorized Persons Not Rendered Unenforceable
§ 33-23-41. Liability and Penalties for Unauthorized Acts
§ 33-23-42. Performing Acts for Unauthorized Insurer
§ 33-23-43. Authority of Adjusters; Penalty for Violation
§ 33-23-43.1. Representing Oneself as Public Adjuster; When License Not Required
§ 33-23-43.2. Requirements for Public Adjuster Contracts
§ 33-23-43.3. Compensation of Adjusters; Criteria for Written Endorsement of Payment
§ 33-23-43.4. Proof of Financial Responsibility
§ 33-23-43.5. Complete Record of Transactions; Retention and Examination
§ 33-23-43.6. Funds Held in Fiduciary Capacity; Authorization for Disclosure
§ 33-23-43.7. Advertisements; Deceptive or Misleading Ads; Required Disclaimer
§ 33-23-43.8. Prohibited Acts of Adjusters
§ 33-23-43.9. Standard of Conduct for Public Adjusters
§ 33-23-43.10. Denial, Suspension, or Revocation of License; Notice and Hearing
§ 33-23-44. Rules and Regulations
§ 33-23-46. Compensation of Licensed Counselors; Disclosure; Exceptions