PLGeorgiahard
A Georgia retail producer places a hard-to-write coastal homeowners risk through a wholesale broker who is licensed in Georgia as a surplus-lines broker. Under Georgia rules, who is primarily responsible for the diligent-search affidavit and surplus-lines tax remittance?
AThe retail producer, because they originated the customer relationship
BThe non-admitted insurer's claims office
The wholesale surplus-lines broker who actually places the risk with the non-admitted carrier
DThe insured personally
Why this is the answer
O.C.G.A. § 33-5-21 and related sections place the affidavit and tax-remittance obligations on the licensed surplus-lines broker who actually transacts the non-admitted placement. The retail producer can refer the risk but is not the broker of record for the surplus-lines transaction unless they themselves hold the surplus-lines license. The insured and the non-admitted carrier have no direct filing duty.
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