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P&CGeorgiamedium

Under Georgia's Surplus Lines Insurance Law (Article 2 of Chapter 5 of Title 33, O.C.G.A. §§ 33-5-20 et seq.), a Georgia-licensed surplus lines broker may place coverage with an eligible non-admitted insurer only after:

AThe Commissioner has issued a written waiver of the diligent search requirement
An effort to obtain the coverage from authorized insurers was unsuccessful
CThe risk has been declined by at least one admitted insurer in any line
DThe insured signs a waiver of guaranty fund protection notarized by the broker

Why this is the answer

Under O.C.G.A. § 33-5-21(a), surplus line insurance may be procured from an unauthorized insurer only through a licensed surplus line broker, only from an insurer meeting the financial requirements of § 33-5-25, and only after the insured or the insured's agent has tried to obtain the coverage from authorized insurers without obtaining coverage satisfactory to the insured. Under § 33-5-21(b), no due diligence search is required for an exempt commercial purchaser who has been told the coverage may be available in the admitted market and asks in writing for a nonadmitted placement. The statute has no Commissioner waiver and fixes no number of declinations.

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