Grounds for Refusal, Suspension, or Revocation of License

  1. Law
  2. Georgia Code
  3. Insurance
  4. Licensing
  5. Agents, Agencies, Subagents, Counselors, and Adjusters
  6. Grounds for Refusal, Suspension, or Revocation of License

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A license, other than a probationary license, may be refused or a license duly issued may be suspended or revoked by the Commissioner if the Commissioner finds that the applicant for or holder of the license:

  1. Has violated any provision of this title, of any other law or regulation of this state relating to insurance, or the law or regulation of any jurisdiction, including those of a military installation, relating to the transaction of insurance;
  2. Has misrepresented or concealed any material fact in any application for a license or on any form filed with the Commissioner;
  3. Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud;
  4. Has misappropriated, converted to his or her own use, or illegally withheld money belonging to an insurer, insured, agent, agency, applicant, or a beneficiary;
  5. Has committed fraudulent or dishonest practices;
  6. Has materially misrepresented the terms and conditions of an insurance policy or contract;
  7. Has failed to pass an examination pursuant to this article, or cheated on any examination required for a license;
  8. Has failed to comply with or has violated any proper order, rule, or regulation, issued by the Commissioner, including any order issued by the Commissioner or the Commissioner's designated representative during the course of any administrative hearing proceeding;
  9. Is not in good faith carrying on business as an agent or subagent, but, on the contrary, is holding such license for the purpose of securing rebates or commissions or controlled business;
  10. Is not in good faith carrying on business as a licensee under this chapter;
  11. Has shown lack of trustworthiness or lack of competence to act as an licensee under this chapter;
  12. Has knowingly participated in the writing or issuance of substantial overinsurance of any property insurance risk;
  13. Has failed or refused, upon written demand, to pay over to any insurer, agent, agency, applicant, beneficiary, or insured any moneys which belong to such insurer, agent, agency, applicant, beneficiary, or insured;
  14. Has failed to provide documentation or records, or refused to appear:
    1. In compliance with Code Section 33-2-12 or 33-2-13;
    2. In response to a written demand by the Commissioner sent by registered or certified mail or statutory overnight delivery to the last known address of the licensee as shown in the records of the Commissioner; or
    3. In support of an application for license or renewal of license upon request by the department or as otherwise required by the application or renewal;
  15. Has been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (16) of this subsection, the term "felony" shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term "conviction" shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought;
  16. Has been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:
    1. First offender treatment without adjudication of guilt pursuant to the charge was granted; or
    2. An adjudication of guilt or sentence was otherwise withheld or not entered on the charge.

      The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime;

  17. Has failed to report to the Commissioner any criminal prosecution of the applicant or licensee taken in any jurisdiction. The report shall include a copy of the initial complaint filed, the order resulting from any hearing that has taken place, and any other relevant legal documents. Such report must be filed with the application or within 30 days of the date of arrest;
  18. Has had a license to practice a business or profession licensed under the laws of this state or any other state, territory, country, or the United States revoked, suspended, or annulled by any lawful licensing authority; had other disciplinary action taken against him or her by any such lawful licensing authority; was denied or refused a license by any such lawful licensing authority pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority pursuant to disciplinary proceedings;
  19. Has failed to notify the Commissioner within 60 days of any event referred to in paragraph (15), (16), or (18) of this Code section;
  20. Is not in compliance with an order for child support as defined by Code Section 19-6-28.1 or 19-11-9.3; for violations of this paragraph only, any hearing and appeal procedures conducted pursuant to such Code sections shall be the only such procedures required to suspend, deny, or revoke any license under this title;
  21. In relation to the licensee's ability to transact the business of insurance, has had a license, permit, authorization, registration, or privilege refused, revoked, suspended, limited, or restricted by any federal, state, county, municipality, territory, military, or other legal authority authorized to issue licenses, permits, authorizations, registrations, or privileges to conduct business within its respective jurisdiction; otherwise has failed to comply with the legal requirements related to the license, permit, authorization, registration, or privilege; or has had other disciplinary action taken against him or her by any such lawful authority; or
  22. Has failed to report to the department within 60 days of the action taken, any refusal, revocation, suspension, limitation, or restriction of any license, permit, authorization, registration, or privilege of any lawful authority referenced in paragraph (18) or (21) of this Code section.

(Code 1981, §33-23-21, enacted by Ga. L. 1992, p. 2830, § 1; Ga. L. 1993, p. 91, § 33; Ga. L. 1996, p. 453, § 9; Ga. L. 1997, p. 1296, § 8; Ga. L. 1998, p. 1094, § 8; Ga. L. 2000, p. 1589, § 3; Ga. L. 2001, p. 925, § 1; Ga. L. 2005, p. 563, § 5/HB 407; Ga. L. 2019, p. 462, § 1-8/SB 214; Ga. L. 2020, p. 493, § 33/SB 429.)

The 2019 amendment, effective July 1, 2019, deleted former paragraph (21), which read: "Is a borrower in default who is not in satisfactory repayment status as defined by Code Section 20-3-295; for violations of this paragraph only, any hearing and appeal procedures conducted pursuant to Code Section 20-3-295 shall be the only such procedures required to suspend, deny, or revoke any license under this title;"; redesignated former paragraphs (22) and (23) as present paragraphs (21) and (22), respectively; and substituted "paragraphs (18) or (21)" for "paragraphs (18) or (22)" near the end of paragraph (22).

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted "paragraph (18)" for "paragraphs (18)" near the end of paragraph (22).

Editor's notes.

- Ga. L. 2000, p. 1584, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.

JUDICIAL DECISIONS

Evidence sufficient to support findings.

- In a proceeding on revocation of an insurance agent's license, evidence that the agent withheld premium refunds and delayed payment to clients in order to pay office expenses, failed to inform clients concerning the clients' refunds, and was not diligent in servicing the agent's clients' policies was sufficient to support the Commissioner's findings that the agent violated provisions of O.C.G.A. § 33-23-21. Commissioner of Ins. v. Stryker, 218 Ga. App. 716, 463 S.E.2d 163 (1995).

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, § 42 et seq.

C.J.S.

- 44 C.J.S., Insurance, §§ 67 et seq., 124.

ALR.

- Right of insurer to challenge agent's classification of risk, 29 A.L.R. 99.

Constitutionality, construction, and application of statute respecting cancelation or suspension or renewal of license of insurance agent, 154 A.L.R. 1146.

Liability of insurance agent, for exposure of insurer to liability, because of failure to cancel or reduce risk, 35 A.L.R.3d 792.

Liability of insurance agent, for exposure of insurer to liability, because of failure to fully disclose or assess risk or to report issuance of policy, 35 A.L.R.3d 821.

Liability of insurance agent, for exposure of insurer to liability, because of issuance of policy beyond authority or contrary to instructions, 35 A.L.R.3d 907.

Liability of insurance broker or agent to insured for failure to procure insurance, 64 A.L.R.3d 398.

Insurer's liability to insurance agent or broker for damages suffered as result of insurer's denial of coverage or refusal to pay policy proceeds to insured, 6 A.L.R.5th 611.


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