Any person who in this state acts, purports to act, or holds himself or herself out as an agent, limited subagent, counselor, or adjuster or as an employee of an agent, limited subagent, counselor, or adjuster of or for an insurer that has not obtained from the Commissioner a certificate of authority then in effect to do business in this state as required by this article or who has not obtained a certificate of authority as required by this article and any person who in this state collects or forwards any premium or portion of the premium for or to the insurer shall pay a sum equal to the state, county, and municipal taxes and license fees required to be paid by the insurance companies legally doing business in this state. It is the Commissioner’s duty to report violators of this Code section to the district attorney for the county in which the violations occurred. Violators of this Code section shall also be personally liable to the same extent as the insurer upon every contract of insurance made by the insurer with reference to a risk having a situs in this state, if the violator participated in the solicitation, negotiation, or making of the contract or in any endorsement to the contract, in any modification of the contract, or in the collection or forwarding of any premium or portion of the premium relating to such contract. This Code section shall have no application to a contract of insurance entered into in accordance with Chapter 5 of this title.
History. Code 1981, § 33-23-41 , enacted by Ga. L. 1992, p. 2830, § 1; Ga. L. 2001, p. 925, § 1; Ga. L. 2008, p. 1076, § 20/SB 113; Ga. L. 2019, p. 386, § 18/SB 133.
The 2019 amendment, effective July 1, 2019, substituted “this article” for “this title” in the middle of the first sentence.
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