2010 Georgia Code
O.C.G.A. 33-23-43 (2010)
TITLE 33 - INSURANCE
CHAPTER 23 - LICENSING OF AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS
ARTICLE 1 - AGENTS, AGENCIES, SUBAGENTS, COUNSELORS, AND ADJUSTERS
§ 33-23-43 - Authority of adjusters; penalty for violation
33-23-43. Authority of adjusters; penalty for violation
(a) An adjuster licensed as both an independent and a public adjuster shall not represent both the insurer and the insured in the same transaction.
(b) An adjuster shall have authority under his or her license only to investigate, settle, or adjust and report to his or her principal upon claims arising under insurance contracts on behalf of insurers only if licensed as an independent adjuster or on behalf of insureds only if licensed as a public adjuster.
(c) No public adjuster, at any time, shall knowingly:
(1) Suggest or advise the employment of or name for employment a specific attorney or attorneys to represent a person in any matter relating to a person's potential claims, including any motor vehicle accident claims for personal injury, loss of consortium, property damages, or other special damages;
(2) Accept or agree to accept any money or other compensation from an attorney or any person acting on behalf of an attorney which the adjuster knows or should reasonably know is payment for the suggestion or advice by the adjuster to seek the services of the attorney or for the referral of any portion of a person's claim to the attorney; or
(3) Hire or procure another to do any act prohibited by this subsection.
(d) For purposes of subsection (c) of this Code section, the term "public adjuster" shall include licensed public adjusters as defined by Code Section 33-23-1 and persons representing themselves to be public adjusters who are not properly licensed by the Commissioner.
(e) Any person who violates any provision of subsection (c) of this Code section shall be guilty of a misdemeanor and such violation shall be grounds for suspension or revocation of licenses under this chapter.
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