49 Ga. App. 811 | Ga. Ct. App. | 1934
Lead Opinion
1. While no company can lawfully transact any business of insurance in this State without first procuring for itself a license therefor from the insurance commissioner (Civil Code of 1910, § 2414), while no person can lawfully act as agent in this State of any insurance company until the company has received the prescribed licenses to transact business both for itself and its agents (Civil Code, § 2448), and any person who acts as agent for such a company “without such company having first received a certificate of authority [or license] from the insurance commissioner of this State as required by law is guilty of a misdemeanor (Civil Code, § 2444), and while, under § 2443, any person who acts
2. In order to avoid a release of an insurance company under a contract induced by a physician or surgeon as its agent, the state
Judgment affirmed.
Rehearing
ON MOTION ROE REHEARING.
Counsel for the movant state that this court has overlooked section 4 of the act of August 17, 1912, codified as section 2415 (a), Park’s Code (Michie’s Code, § 2415 (1)), which provides that “it shall be the duty of the insurance commissioner to issue license to the insurance companies and agents when they shall have complied with the requirements of the laws of this State and the rules and regulations prescribed by the commissioner so as to entitle them to do business.” It is contended that this section requires all insurance companies to vouch for the good character of all their agents, and that if the requirement as to their license payment were solely a revenue measure, there would be no necessity for “rules and regulations.” It appears, however, from the language immediately following and the succeeding sections of the act, which was considered and cited in the original decision, that the regulatory provisions in this act were intended to cover agents of unauthorized and unlicensed insurance companies, and specifically “agents soliciting insurance” of all companies. As was pointed out in the decision, evidence of “moral character and integrity” is required as a condition precedent to the license of such soliciting agents, and their license may be revoked “at any time by the insurance commissioner in his discretion.” Ga. L. 1912, §§ 6, 7, p. 124; Park’s Code, § 2445(a),(b); Michie’s Code, § 2448(1),(2), There are also other regulatory requirements contained in the act of 1925 with reference to the good character and conduct of fire and casualty insurance agents in the granting and revocation of their licenses. Ga. L. 1925, 211, 212; Michie’s Code, § 2448(6), (10). None of these provisions, however, relate to agents of other insurance companies; and there is no reference in any of the acts and statutes to the character and conduct of adjusters of health and accident insurance companies, such as are involved in this case. In the act of 1912, relied upon, although section 22 requires compliance with “such reasonable rules and regulations as the insurance