§ 33-9-36 — Unauthorized premiums; unlawful inducements

(a) As used in this Code section, the term: (1) "Gift certificate" shall have the same meaning as provided in Code Section 10-1-393 . (2) "Insurance" includes suretyship. (3) "Policy" includes bond. (4) "Store gift card" shall have the same meaning as provided in Code Section 10-1-393 . (b) No broker or agent shall knowingly charge, demand, or receive a premium for any policy of insurance except in accordance with this chapter. (c) No insurer or employee of such insurer and no broker or agent shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly as an inducement to insurance or after insurance has been effected, any rebate, discount, abatement, credit, or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue on such policy of insurance, or any valuable consideration or inducement whatever, not specified in the policy of insurance, except to the extent provided for in an applicable filing. No insured named in a policy of insurance nor any employee of the insured shall knowingly receive or accept, directly or indirectly, any such rebate, discount, abatement, credit, or reduction of premium, or any special favor or advantage or valuable consideration or inducement. (d) Nothing in this Code section shall be construed as prohibiting the payment of commissions or other compensation to duly licensed agents and brokers, nor as prohibiting any insurer from allowing or returning to its participating policyholders, members, or subscribers dividends, savings, or unabsorbed premium deposits. (e) Nothing in this Code section shall be construed as prohibiting the payment for food or refreshments by an insurer or employee of such insurer or a broker or an agent for current or prospective clients during sales presentations and seminars, provided that no insurance or annuity applications or contracts are offered or accepted at such presentations or seminars. (f) Nothing in this Code section shall be construed as prohibiting an insurer or employee of such insurer or a broker or an agent from advertising or conducting promotional programs by insurers or insurance producers whereby prizes, goods, wares, store gift cards, gift certificates, sporting event tickets, or merchandise, not exceeding $100.00 in value per customer in the aggregate in any one calendar year, are given to current or prospective customers; provided, however, that the giving of any item or items of value under this subsection shall not be contingent on the sale or renewal of a policy.

Legislative History

Amended by 2019 Ga. Laws 139,§ 1-52, eff. 7/1/2019. Amended by 2016 Ga. Laws 444,§ 2, eff. 7/1/2016. Amended by 2006 Ga. Laws 453,§ 33, eff. 4/14/2006. Amended by 2005 Ga. Laws 108,§ 3, eff. 7/1/2005.