Doing business in this state as an insurance company requires careful compliance with regulations. You'll need to obtain a license from the state's insurance department, which involves submitting an application and paying a fee.
To become licensed, you'll need to meet the state's minimum capital requirements, which vary depending on the type of insurance you're offering.
The state's insurance department also requires insurance companies to maintain a certain level of financial stability, which is typically measured by their surplus or policyholders' surplus.
Insurance companies must also comply with the state's insurance laws and regulations, which govern matters such as premium rates, policy forms, and claims handling.
Insurance Company Failure
Insurance Company Failure is a rare occurrence, but it's essential to understand the safeguards in place to protect consumers. Failures and bankruptcies are uncommon, with no life insurance companies filing for bankruptcy since the 2008 financial crisis.
Life insurance companies are required by state law to maintain capital reserves to pay out policyholder death benefits in the event of a business failure. These reserves can vary from state to state, but they're an essential safety net.
Reinsurance is another strategy that allows insurance companies to mitigate the risk of potential losses. Life insurance companies purchase insurance policies from other insurers, spreading out the risk.
If a member life insurance company goes out of business, the National Organization of Life and Health Insurance Guaranty Associations (NOLHGA) can step in and guarantee payment of benefits. The amount paid may be capped at certain limits, depending on state law.
Here are some key safeguards in place to protect consumers in the event of an insurance company failure:
- Statutory reserves
- Reinsurance
- Guaranty association membership
These safeguards work together to ensure that policyholders receive their benefits, even if the insurance company fails.
Protection and Coverage
As you navigate the world of insurance, it's essential to understand how protection and coverage work in this state. In most states, you can increase your coverage by doing business with multiple insurers.
This technique of layering coverage through multiple insurance companies is similar to how people maximize their FDIC coverage by opening bank accounts through multiple banks. However, it's not practical for life insurance due to the large face amounts and underwriting hassles involved.
Doing business with multiple annuity companies can be a useful strategy, though. If you invest $200,000 into an annuity with your spouse, you can both get duplicate coverage, up to the state's guaranty limit of $100,000 per individual.
For life insurance, it's not worth the hassle or extra cost to get multiple policies through different companies. But for annuities, it's a viable option to increase your coverage limits.
Licensure and Requirements
To do business in this state as an insurance company, you'll need to understand the licensure requirements.
An agency license is required for any business entity that employs an individual who sells, solicits, or negotiates insurance on behalf of that entity. This includes designating a principal office and branch offices, and ensuring each location has at least one licensed agent.
To obtain an agency license, you'll need to make proper application to the Commissioner and pay all required fees. You'll also need to designate one agency location as the principal office, and provide the name and address of the agency's principal office location for branch office filings.
Here are the required bond amounts for resident licensees:
To maintain your license, you'll need to remit the required fee and have a continuous bond in place. Failure to do so will result in the cancellation of your license.
Licensure of Agencies
To get an agency license in Georgia, you'll need to designate a principal office, which is the primary location of your agency or organization. This location will be the one that all other branch offices report to.
The principal office must be designated on the application for an agency license, and the name and address of the principal office will be required for all filings regarding agency branch office locations. Each principal office and branch office must remit the fee prescribed in O.C.G.A. § 33-8-1 with the agency licensing application.
Effective July 1, 2012, all new agency licenses will be issued on a biennial basis, meaning they will be valid for two years before needing to be renewed.
Here are the key things you need to know about your agency's principal office:
- It must be the primary location of your agency or organization
- It must be designated on your application for an agency license
- It will be the location that all other branch offices report to
- It must remit the required fee with the agency licensing application
Each agency location must have at least one licensed agent whose primary place of business is that agency location. This means that if you have multiple locations, each location needs to have an agent who is licensed to work from that location.
Agent Requirements
To become a licensed agent in Georgia, you'll need to meet certain requirements. You must make proper application to the Commissioner and pay all required fees.
First, you'll need to submit electronic fingerprints through a vendor selected by the Department for a criminal background check, unless you're an active licensee or applying for reinstatement within 6 months of expiration date. This is a requirement for new applicants.
Next, you'll need to complete an approved prelicensing course, unless you're exempt. The course must contain a minimum of 20 hours of instruction per major line of authority, which includes Life, Accident and Sickness, Property, Casualty, and Personal Lines.
Applicants who hold certain designations, such as Chartered Property and Casualty Underwriter (CPCU), may be exempt from the prelicensing course requirement. Similarly, applicants who provide satisfactory evidence of completing two college or university courses related to insurance may also be exempt.
To qualify for a personal lines license, you'll need to complete a prelicensing course in personal lines and pass the required examination within 12 months of completing the course. You'll also need to apply for licensure within 12 months of receiving a passing grade on the examination.
Here are the major lines of authority and their corresponding prelicensing course requirements:
Note that some applicants may be exempt from the prelicensing course requirement, as outlined above. It's essential to review the specific requirements for your license type to ensure you meet all the necessary conditions.
Testing - Authority
The Commissioner may enter into agreements with persons for the purpose of providing licensing testing services to the Department.
Applicants tested under such agreements will be required to pay directly to the provider the cost of such service, in addition to the fees required.
Article 5. Licensing
In Georgia, the licensing process for insurance professionals and agencies is governed by specific rules and regulations. To become a licensed insurance agent, you must meet the requirements for an agent license under Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation.
A resident title agent license is required to sell title insurance in Georgia. To obtain this license, you must meet the requirements for an agent license and undergo a sponsorship process by an insurer authorized to do business in the state. The sponsor must agree to appoint you as a representative of the company and conduct an investigation on your general character, including a criminal background check.
The Commissioner may require additional information from applicants, as needed, to ensure compliance with Title 33 of the Official Code of Georgia Annotated and the Rules and Regulation of the Georgia Insurance Department.
The types of bonds required for resident licensees vary depending on their profession. Public adjusters, insurance counselors, and limited health counselors must post a $5,000 bond, while surplus lines brokers must post a $50,000 bond.
Here are the required bond amounts for resident licensees:
An agency license does not eliminate the need for an agent license for any individual who sells, solicits, or negotiates insurance. Each agency location must have at least one licensed agent whose primary place of business is that agency location.
Nonactive
A nonactive license is a special designation for insurance agents who have been licensed for 10 years or more and don't perform certain functions.
To qualify for a nonactive license, an agent must have held a license continuously for 10 years or more and not perform any functions specified in O.C.G.A. § 33-23-1(a)(3) except for receiving renewal or deferred commissions.
The agent must file a written request with the Commissioner, accompanied by all required license amendment fees, and return their current license.
A new license with the nonactive designation will be issued to the agent.
Nonactive licensees must file for renewal and pay all renewal fees annually.
Failure to file for renewal annually may result in the revocation of the nonactive license or other administrative action.
Here are the steps to follow for nonactive license renewal:
- File for renewal
- Pay all renewal fees
- Failure to file for renewal may result in revocation or administrative action
Note that if a nonactive agent wants to perform certain functions, they must obtain prior approval from the Commissioner by making a proper application.
Upon reissuance of the license, the agent will be subject to all certificate of authority and continuing education requirements for the year in which the license became active.
Insurance Products
Insurance companies operating in this state must offer a range of insurance products to meet the diverse needs of their customers.
Liability insurance is a must-have for many businesses, and in this state, it's required by law for companies with a certain number of employees.
Businesses that own vehicles must also have commercial auto insurance, which covers damage to the vehicle, as well as liability for accidents.
In addition to these essential coverages, insurance companies may also offer optional products such as business interruption insurance, which helps companies recover from unexpected events that disrupt their operations.
Variable Annuities May Not Be Covered
Variable annuities may not be covered by insurance. This is because they don't have a straightforward coverage process like life insurance does.
In some states, like Florida, a variable annuity policy isn't covered unless the insurer is being paid to cover some kind of liability associated with the policy.
To get information about your state's coverage, you can visit the NOLHGA website. From there, you can click on the link for your state's association for more information.
If you're unsure about what's covered, it's a good idea to call your state's association directly for help.
Portable Electronics Vendors
If you're a vendor of portable electronics, you'll need to get licensed by the Commissioner. To do this, you'll need to meet the requirements for licensure under Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation.
You'll also need to remit the fee required by O.C.G.A. § 33-8-1. Fortunately, you won't need to be sponsored by an insurer or obtain a certificate of authority to get licensed.
No examination is required to get licensed, and you won't need to complete any continuing education courses. However, you will need to certify that all employees have received basic training on the types of insurance products specified in O.C.G.A. § 33-23-12(d)(5).
Here's a breakdown of the basic training requirements:
- Types of insurance products to be trained on: O.C.G.A. § 33-23-12(d)(5)
You'll also need to ensure that your instructor and prelicensing training program are approved by the Department prior to making application for licensure. To request approval, you'll need to submit a course outline and the instructor's resume to the Department.
Note that licenses issued prior to July 1, 2012 expire on December 31 of the year issued, while licenses issued July 1, 2012, and thereafter are issued on a biennial basis. Be sure to renew your license prior to expiration on forms prescribed by the Commissioner and remit the required fee.
Variable Products
To be eligible for the Variable Products Line of Authority in Georgia, you must make a proper application to the Commissioner and pay all required fees.
Resident applicants must hold a valid resident agent license for life insurance, which is a requirement that cannot be waived.
Maintaining an active registration with the Financial Industry Regulatory Authority (FINRA) is also crucial, as is having successfully completed the Securities Industry Essentials (SIE) exam and either the FINRA Series 6 or 7 examinations.
You'll need to complete an approved 8 hour prelicensing course in variable products and provide proof of completion, then pass the required examination for licensure within 12 months.
To stay licensed, you must meet all continuing education requirements as outlined in Rule 120-2-3-.15 and follow all renewal requirements as outlined in Rule 120-2-3-.16.
Once you're licensed, you'll need to obtain a certificate of authority from each insurer you'll be representing.
Conversion of Surety
Conversion of Surety Licenses was a significant change in the industry. Effective July 1, 2002, all licensees holding a surety agent license were issued a casualty agent license in lieu of their current license.
This change also applied to limited subagent surety licenses, which were converted to limited subagent casualty licenses. It's essential to note that this change didn't affect the requirements for continuing education or renewals.
To break it down, here are the key changes:
These changes took effect on July 1, 2002, and didn't alter the renewal or continuing education requirements.
Regulations and Exemptions
Licensees with professional designations in insurance may receive a reduction or exemption from continuing education requirements with the approval of the Commissioner.
To qualify for this exemption, the organization sponsoring or granting the professional designation must request it in writing, setting forth the continuing education requirements for the designation.
The holder of the designation must provide proof of exemption to the Commissioner on or before the date required for filing continuing education credits.
Exemption or reduction claimed under this section may be subject to verification by the Commissioner.
Any organization requesting an exemption must notify the Commissioner in writing within thirty days of any change in its continuing education requirements.
Licensees may receive a reduction or exemption in continuing education hours required to the extent of the time spent on insurance-related activities during the previous year.
These activities include teaching courses in insurance-related topics, insurance-related legislative activities, journalism activities involving insurance-related topics, projects involving research of insurance laws and regulations, and active participation in professional insurance associations.
Licensees with certain professional designations, such as CPCU, CLU, or CIC, will receive a reduction of continuing education hours required.
To claim this reduction, the licensee must attach documentation of achieving the designation.
Licensees with these designations are required to complete 12 hours of continuing education with a minimum of 3 hours to be completed in Ethics each renewal period.
Licensees with a non-resident license who are required to meet continuing education in their state of residence will be considered in compliance with the continuing education requirements under this chapter, provided the non-resident licensee's home state reciprocates with Georgia licensees in the same manner.
Agents holding a nonactive license are exempt from Continuing Education requirements provided they file for renewal on or before the date required.
Exemption shall only be valid during the period the license is nonactive.
Forms and Filings
Forms required for filings in this state can be obtained from the Office of Commissioner of Insurance.
To make things easier, you can reproduce and alter these forms to accommodate manual or automated processing, as long as the same information is presented in the same order as the original forms.
The Commissioner may also allow or require electronic submissions and filings for certain types of filings.
Letters of Status
Letters of Status are an essential part of the licensing process in this state. They provide a clear record of an individual's insurance license history.
You can request a Letter of Status by filing the required form and paying the necessary fee with the Commissioner. This is a straightforward process that can be completed easily.
The Letter of Status will include vital information such as the licensee's name, license number, type of license held, and the kind(s) of insurance covered. This ensures that you have all the necessary details.
The form and content of the Letter of Status once issued cannot be altered in any way. This is to maintain the integrity and accuracy of the document.
If an individual's licensing history is no longer available, a Cannot Confirm or Deny letter will be issued. This is a standard procedure to ensure transparency and fairness.
Here is a summary of the key points to keep in mind:
Forms of Filings
Forms of Filings can be a bit confusing, but don't worry, I've got the scoop.
Forms prescribed by the Commissioner must be used for filings, unless otherwise indicated. These forms can be obtained from the Office of Commissioner of Insurance.
You can reproduce and alter the forms if needed, as long as the same information is presented in the same order as the original forms. This is helpful for manual or automated processing.
The Commissioner may also allow or require electronic submissions and filings for certain types of filings.
Agent and Agency
When operating in this state, an insurance company must register with the state's insurance department. This is a crucial step in establishing a legitimate business presence.
The insurance company must appoint a licensed agent who is authorized to conduct business on its behalf. This agent will serve as the company's representative and liaison with state regulators.
In some cases, the insurance company may also need to obtain a certificate of authority from the state's insurance department. This certificate confirms the company's authority to conduct business in the state.
Continuing Education Courses
To stay up-to-date with industry trends and best practices, agents can take continuing education courses that are often required by state licensing authorities.
Many courses focus on real estate law, ethics, and technology.
Agents can also take courses to specialize in specific areas like commercial real estate or property management.
These courses can be taken online or in-person, and some may even offer certification.
Some states require agents to complete a certain number of hours of continuing education every two years.
Agents can choose from a variety of courses, including those that cover topics like appraisal, finance, and marketing.
These courses can help agents stay competitive and provide better service to their clients.
Agent Personal Lines
To get a resident agent personal lines license in Georgia, you must make a proper application to the Commissioner and pay all required fees.
The application process requires completing an approved prelicensing course in personal lines unless you're exempted by Chapter 23 of Title 33 of the Official Code of Georgia Annotated and this Regulation. This course must contain a minimum of twenty hours of instruction.
You'll need to pass the required examination for licensure within 12 months of completing the prelicensing course. After passing the exam, you must apply for licensure within 12 months.
Some applicants may be exempt from the prelicensing course requirement. These include individuals who hold a designation of Chartered Property and Casualty Underwriter (CPCU), qualify for exemption under O.C.G.A. §§ 33-23-5(a)(5)(A) and 33-235(a)(5)(B), or meet other specific criteria.
Here are some examples of exemptions:
- Applicants who hold a CPCU designation
- Applicants who qualify for exemption under O.C.G.A. §§ 33-23-5(a)(5)(A) and 33-235(a)(5)(B)
- Applicants for temporary licenses
- Applicants with a college or university transcript showing completion of two related courses
- Applicants with a college degree in insurance
- Applicants at the Commissioner's discretion
All personal lines license holders must meet continuing education requirements as outlined in Rule 120-2-3-.15 and renewal requirements as outlined in Rule 120-2-3-.16.
Service Representatives Permits
Each insurer having employees who are not licensed agents but provide service to agents outside their office or prospect for new agents must file a list of such employees with the Commissioner by March 1 of each year.
This list is not a one-time task, as changes to the list must be filed by June 1, September 1, and December 1 of each year.
You'll need to keep track of these deadlines to ensure your insurer is in compliance with the rules.
Limited Subagent
A limited subagent is a type of agent that is restricted in its ability to act on behalf of the principal. This can be due to a variety of reasons, such as a specific mandate or a limited scope of authority.
A key characteristic of a limited subagent is that they have a clear and defined set of instructions to follow. For example, a real estate agent may be authorized to sell a property, but not to negotiate the price.
Limited subagents often rely on the principal to make decisions and provide guidance. In the case of a power of attorney, the agent may be authorized to make financial decisions, but only after consulting with the principal.
Limited subagents can be useful in situations where the principal wants to limit the agent's authority or ensure that certain decisions are made with their input. For instance, a business owner may appoint a limited subagent to manage the day-to-day operations, but reserve the right to make major decisions.
In summary, a limited subagent is a type of agent that is restricted in its ability to act on behalf of the principal, relying on clear instructions and guidance to make decisions.
Limited Credit Agency
A limited credit agency is a type of agency that specializes in providing financial information to businesses and individuals.
In a limited credit agency, credit reports are only accessible to authorized parties, such as lenders and creditors.
This type of agency is often used by businesses that want to protect their customers' sensitive financial information.
Limited credit agencies typically have a narrower scope than full-service credit agencies.
Credit Insurance Agents
Credit insurance agents play a crucial role in helping businesses manage their financial risks. They work closely with companies to assess their credit needs and provide tailored insurance solutions.
Their primary responsibility is to evaluate the creditworthiness of customers, identifying potential risks and opportunities for growth. This involves analyzing financial statements, credit reports, and other relevant data.
A good credit insurance agent will also have a deep understanding of the industry they're working in, staying up-to-date on market trends and regulatory changes. This expertise enables them to offer informed advice and guidance to their clients.
By doing so, credit insurance agents can help businesses mitigate potential losses and protect their bottom line. This is especially important for companies that rely heavily on credit sales or have a high risk of bad debt.
Surplus Lines Brokers
To become a resident surplus lines broker in Georgia, you must make a proper application to the Commissioner and pay all required fees.
The applicant must be a licensed resident agent for property and casualty insurance, and failure to maintain a current property and casualty agent's license will result in the cancellation of the surplus lines broker license.
A surplus lines broker bond is required with the application, following Rule 120-2-3-.18.
The applicant must pass the required surplus lines examination, unless exempt.
Exceptions to the examination requirement include applicants who were previously licensed as a surplus lines broker in another state, or those with a CPCU designation.
To qualify for the exemption, the applicant must be currently licensed in the prior state or apply within 90 days of the cancellation of their previous license, with a certificate of good standing from the prior state.
Continuing education requirements, as outlined in Rule 120-2-3-.15, and renewal requirements, as outlined in Rule 120-2-3-.16, also apply to surplus lines brokers.
Here are the requirements for exempting from the surplus lines examination:
Counselors
To become a licensed resident counselor, you'll need to meet certain requirements. You must make a proper application to the Commissioner and pay all required fees.
First, you'll need to submit electronic fingerprints for a criminal background check. This is a requirement for all new applicants, unless you're an active licensee or applying for reinstatement within 6 months of your license expiration date.
In addition to the background check, you'll need to have 5 years of experience in the insurance business. This can be as a licensed agent, subagent, or adjuster, or in a related field. You can also provide evidence of teaching or educational qualifications.
You'll also need to include a counselor bond with your application, as required by Rule 120-2-3-.18. This is a crucial step in the licensing process.
Some applicants may be exempt from the examination requirement, however. If you were previously licensed as a counselor in another state, you may be exempt from the examination. You'll need to provide a certificate of good standing from that state and be currently licensed there.
Here are some designations that may exempt you from specific examination requirements:
The Commissioner may also grant exemptions from the examination requirement if you have sufficient experience and qualifications in the lines of authority for which you seek licensure.
Title Agent
As a title agent, you'll need to meet certain requirements to get licensed. To apply for a title agent license, you'll need to submit an application to the Commissioner on the required form, accompanied by the required fee.
The application process requires sponsorship by an insurer authorized to do business in the state, but effective January 1, 2010, this is no longer a requirement for new applicants. Instead, upon issuance of the agent license, the licensee must obtain a certificate of authority from each insurer they will represent.
You'll also need to submit electronic fingerprints through a vendor selected by the Department for a criminal background check, which you'll bear the cost for. This is a requirement for all new applicants, excluding active licensees and individuals applying for reinstatement within 6 months of expiration date.
To renew your license, you'll need to file the renewal on forms prescribed by the Commissioner by the dates specified in Rule 120-2-3-.16 of this Regulation.
Renewals
Renewals can be a hassle, but knowing the rules can make it easier. License renewals are due on the last day of the licensee's birth month, and a late renewal can be filed with a late fee within 15 days of the last day of the birth month.
If you're unable to comply with license renewal procedures due to military service, you may be eligible for a waiver. This is a great perk for those who serve our country.
Failing to file the required license renewal form along with the appropriate fee will result in the expiration of the license as of the last day of the licensee's birth month. This is a hard deadline, so be sure to mark it on your calendar.
Licensees who fail to file for late renewal reinstatement prior to one year from the license expiration date will be required to reapply for the license and satisfy all prelicensing requirements. This is a serious consequence, so don't wait until the last minute.
Here's a list of the renewal deadlines for non-resident licenses, which will be converted to birth month expiration starting July 1, 2012:
Licensees with professional designations in insurance may be eligible for a reduction or exemption from continuing education requirements, but this must be approved by the Commissioner.
Frequently Asked Questions
When transacting business in this state, an insurer formed under the laws of another country is known as an?
An insurer formed under the laws of another country is known as an "Alien Insurer". This type of insurer operates under foreign laws when transacting business in the United States.
When an insurance company conducts business in a state outside the one in which it is domiciled?
When an insurance company operates in a state other than its home state, it's considered a Foreign Insurer. This means the company is selling policies in a new location, outside of its original state of incorporation or domicile.
Sources
- https://www.investopedia.com/articles/insurance/09/insurance-company-guarantee-fund.asp
- https://content.naic.org/industry_ucaa_state_specific.htm
- https://rules.sos.ga.gov/gac/120-2-3
- https://law.lis.virginia.gov/vacodefull/title38.2/chapter10/article5/
- https://www.wolterskluwer.com/en/expert-insights/what-constitutes-doing-business-in-a-state
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