Permissible Business; Limitations

  1. Law
  2. Georgia Code
  3. Insurance
  4. Captive Insurance Companies
  5. General Provisions
  6. Permissible Business; Limitations

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  1. Subject to the provisions of subsection (c) of this Code section and the other provisions of this chapter, a captive insurance company, where permitted by its formation documents, may engage in the business of any of the following kinds of insurance or reinsurance:
    1. Casualty, as described in Code Section 33-7-3 but excluding accident and sickness insurance as defined in Code Section 33-7-2, except for a pure captive insurance company, which may engage in the business of accident and sickness insurance as defined in Code Section 33-7-2;
    2. Marine and transportation, as described in Code Section 33-7-5;
    3. Property, as described in Code Section 33-7-6; and
    4. Surety, as described in Code Section 33-7-7.
  2. Insurance policies and bonds issued by a captive insurance company for workers' compensation insurance and motor vehicle accident insurance shall be in conformity with all minimum requirements for coverages and coverage amounts established by this state for such types of insurance. Such insurance policies and bonds issued by a captive insurance company shall constitute satisfactory proof that the motor vehicle owners or employers, as applicable, insured under such policies or bonds have satisfied the requirements for motor vehicle accident insurance prescribed by Code Section 33-34-4 and for workers' compensation insurance prescribed by Code Section 34-9-121.
  3. Except as otherwise provided in this Code section:
    1. A captive insurance company shall not insure any risks resulting from:
      1. Any personal, familial, or household responsibilities; or
      2. Activities other than risks resulting from responsibilities arising out of any business, whether profit or nonprofit; trade; product; services, including professional or fiduciary services; or commercial premises or commercial operations;
    2. A captive insurance company may only cede reinsurance as provided in Code Section 33-41-14;
    3. A pure captive insurance company may only insure or reinsure the risks of its parent, affiliates of its parent, and controlled unaffiliated business;
    4. An association captive insurance company may only insure or reinsure the risks of the members of its association and their affiliates;
    5. An industrial insured captive insurance company may only insure or reinsure the risks of the industrial insureds, and their affiliates, that are its shareholders or shareholders of its sole shareholder;
    6. A risk retention group captive insurance company may only insure or reinsure the risks of its group members; and
    7. An agency captive insurance company may only reinsure:
      1. The risk of insurance or annuity contracts placed by or through the agency, brokerage, managing general agent, or reinsurance intermediary by which it is owned or controlled; or
      2. The contractual liability arising out of service contracts or warranties sold through a marketer, producer, administrator, issuer, or provider of service contracts or warranties by which it is owned or controlled.
  4. A captive insurance company may, with prior written approval from the Commissioner, reinsure the risks insured or reinsured either directly or indirectly by:
    1. Any other captive insurance company; or
    2. Any foreign or alien insurance company which satisfies the ownership or membership requirements of a captive insurance company under this chapter; provided, however, that the risks insured or reinsured from the foreign or alien insurance company are solely those of its owners or members or their affiliates.

(Code 1981, §33-41-3, enacted by Ga. L. 1988, p. 966, § 2; Ga. L. 1989, p. 14, § 33; Ga. L. 2016, p. 825, § 1/SB 347; Ga. L. 2017, p. 682, § 2/SB 173; Ga. L. 2019, p. 533, § 2-3/HB 99.)

The 2019 amendment, effective July 1, 2019, deleted "or reinsure" following "insure" in paragraph (c)(1).


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