Receiving of Compensation From Undertakers on Account of Employment; Giving of Compensation by Undertakers

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No person, firm, or corporation engaged in the life insurance business shall contract for or receive any compensation or gratuity, directly or indirectly, on account of the employment of any undertaker in connection with a burial or preparation for burial of any person whose life is insured by said company; and no undertaker shall give or agree to give any such compensation or commission to such person, firm, or corporation engaged in the insurance business.

(Ga. L. 1933, p. 186, § 1; Code 1933, § 56-9907; Code 1933, § 56-9903, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2019, p. 337, § 1-5/SB 132.)

The 2019 amendment, effective July 1, 2019, deleted "or the industrial life insurance business" following "life insurance business" near the beginning.

Cross references.

- Funeral directors, and embalmers, T. 43, C. 18.

JUDICIAL DECISIONS

Undertakers entitled to enjoin insurance company without seeking administrative relief.

- Where the plaintiffs were engaged in the undertaking business and were suffering special injury from the alleged illegal acts of the defendant insurance company in issuing burial policies naming a certain firm as undertakers and receiving commissions from this firm in violation of this section, the plaintiffs were entitled to maintain the suit for injunction in their own names, without first seeking relief from the Insurance Commissioner, and without abiding the action of this or any other officer in behalf of the state. Blackmon v. Gulf Life Ins. Co., 179 Ga. 343, 175 S.E. 798 (1934).


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