Agents, Agencies, Subagents, Counselors, and Adjusters: licensing

What this document is

O.C.G.A. Title 33 Chapter 23 - Agents, Agencies, Subagents, Counselors, and Adjusters: licensing (§§ 33-23-1 through 33-23-205, 74 sections) is a state statute published by Georgia Code Revision Commission / LexisNexis (Official Code of Georgia Annotated), served through the Fastcase public document service that the Georgia Secretary of State's own rules publication links to. It is one of the Georgia documents that insurance license exam questions are written from, including georgia property & casualty, georgia personal lines practice questions. This page summarizes it and points to the official version, which is the text to rely on.

Sections cited in practice questions

Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.

• O.C.G.A. Sec. 33-23-13(d) (Temporary licenses; scope of authority)

  “(d) A temporary license issued pursuant to subsection (a) of this Code section shall authorize the negotiation of renewal policies, the receipt and collection of premiums, and such other acts as are necessary to the continuance of the particular insurance business of the agent or limited subagent....”

• O.C.G.A. Sec. 33-23-38(a) (Placing insurance beyond scope of license; restrictions on sharing commissions)

  “(a) No agent or limited subagent shall place any insurance or receive any remuneration in regard to any insurance of a classification outside the scope of such agent's or limited subagent's license, nor shall the agent or limited subagent share a commission except with an agent licensed pursuant to...”

• O.C.G.A. § 33-23-35(a) (Reporting and disposition of premiums)

  “(a) An agent, limited subagent, or any other representative of an insurer or of any other person in the effectuation of an insurance contract shall report to the insurer or its agent the premium for the contract and the amount shall be shown in the contract. Each willful violation of this...”

• O.C.G.A. § 33-23-34(a)(1), (b) (Records of transactions)

  “(1) In the case of an agent or limited subagent, a record of each insurance contract procured or issued together with the names of the insurers and insureds, the amount of premium paid or to be paid, and a statement of the subject of the insurance; and the names of any other licensees from whom...”

• O.C.G.A. § 33-23-43.10(a) (Denial, suspension, or revocation of license; notice and hearing)

  “(a) The Commissioner may deny an application for a license or suspend or revoke a license issued to any public adjuster on the basis of: (1) A violation of this article or of any rule adopted by the Commissioner under this article; (2) A cause that constitutes grounds for denial of an original...”

• O.C.G.A. § 33-23-37(b)(4) (Licensing of surplus lines broker; application; bond; written examination)

  “(4) Prior to the issuance of the license or any renewal of the license, the applicant shall file a bond with the Commissioner or his or her successor in office, for the benefit of any person injured by the violation of the conditions provided in this paragraph. The bond shall be executed by the...”

• O.C.G.A. § 33-23-35(b) (Reporting and disposition of premiums; fiduciary capacity)

  “(b) All funds representing premiums received or return premiums due the insured by any agent or subagent shall be accounted for in the licensee's fiduciary capacity, shall not be commingled with the licensee's personal funds, and shall be promptly accounted for and paid to the insurer, insured, or...”

• O.C.G.A. § 33-23-5(a)(5) (Qualifications and requirements for license; counselor)

  “(5) If applying for a license as counselor, the applicant shall show that he or she either has had five years' experience as an agent, subagent, or adjuster or in some other phase of the insurance business or has sufficient teaching or educational qualifications or experience which, in the opinion...”

• O.C.G.A. § 33-23-6 (Bond requirements for applicants for adjuster's license)

  “§ 33-23-6. Bond requirements for applicants for adjuster's license In addition to other applicable provisions of this chapter, an applicant for a public adjuster's license must have previously filed a bond as required by rule or regulation of the Commissioner.”

• O.C.G.A. Sec. 33-23-35(b) (Reporting and disposition of premiums)

  “(b) All funds representing premiums received or return premiums due the insured by any agent or subagent shall be accounted for in the licensee's fiduciary capacity, shall not be commingled with the licensee's personal funds, and shall be promptly accounted for and paid to the insurer, insured, or...”

• O.C.G.A. Sec. 33-23-13(d) (Temporary licenses; authority conferred)

  “(d) A temporary license issued pursuant to subsection (a) of this Code section shall authorize the negotiation of renewal policies, the receipt and collection of premiums, and such other acts as are necessary to the continuance of the particular insurance business of the agent or limited subagent....”

• O.C.G.A. Sec. 33-23-28(b), (c) (Scope of subagent's authority)

  “(b) A subagent or limited subagent shall not have power to bind an insurer. (c) All business transacted by a subagent under such subagent's license or limited subagent shall be in the name of the agent by whom the subagent or limited subagent is employed; and the agent shall be responsible for all...”

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• O.C.G.A. s. 33-6-4: Enumeration of unfair methods of competition and deceptive actsState statute
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• O.C.G.A. Title 33 Chapter 1 - General Provisions of the Georgia Insurance Code (§§ 33-1-1 through 33-1-28, 31 sections)State statute