P&CGeorgiaeasy
Under O.C.G.A. § 33-1-16, when an insurer, producer, or adjuster has knowledge or reason to believe that a fraudulent insurance act has been or is about to be committed, the party must:
Report the suspected fraud in writing to the Commissioner of Insurance and Safety Fire
BFile a civil RICO action in Fulton County Superior Court within 30 days
CMaintain confidentiality and refrain from any disclosure
DRefer the matter exclusively to the Federal Bureau of Investigation
Why this is the answer
O.C.G.A. § 33-1-16 imposes a mandatory reporting duty on insurers, producers, adjusters, and others engaged in the business of insurance who know or reasonably believe a fraudulent insurance act has occurred or is imminent. Reports must be made to the Commissioner of Insurance and Safety Fire, who operates an Insurance Fraud Division. The statute grants civil immunity for good-faith reports, protecting reporters from defamation and similar suits. Failure to report can itself be grounds for license discipline under § 33-23-21.
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