Title 33, Chapter 23, Section 41
( 33-23-41)
(a) Any person who in this state acts, purports to act, or holds
himself or herself out as an agent, subagent, counselor, or adjuster
or as an employee of an agent, subagent, counselor, or adjuster of
or for an insurer that has not obtained from the Commissioner a
certificate of authority then in effect to do business in this state
as required by this title or who has not obtained a certificate of
authority as required by this article and any person who in this
state collects or forwards any premium or portion of the premium for
or to the insurer shall pay a sum equal to the state, county, and
municipal taxes and license fees required to be paid by the
insurance companies legally doing business in this state. It is the
Commissioner's duty to report violators of this Code section to the
district attorney for the county in which the violations occurred.
Violators of this Code section shall also be personally liable to
the same extent as the insurer upon every contract of insurance made
by the insurer with reference to a risk having a situs in this
state, if the violator participated in the solicitation,
negotiation, or making of the contract or in any endorsement to the
contract, in any modification of the contract, or in the collection
or forwarding of any premium or portion of the premium relating to
such contract. This Code section shall have no application to a
contract of insurance entered into in accordance with Chapter 5 of
this title. (b) An applicant for a license locating to this state who currently
holds a valid license in another state or territory of the United
States may transact business in this state for the class or classes
of insurance authorized by the current license provided that
evidence verifying the validity of the license and good standing of
the applicant certified by the insurance supervisory official of
such state or territory is submitted with the application. The
permission granted pursuant to this subsection shall be valid in
this state for a period not to exceed 90 days. |