2020 Georgia Code
Title 33 - Insurance
Chapter 4 - Actions Against Insurance Companies
§ 33-4-4. Alien or Foreign Insurers, Duplicate Copies of Process Upon Designated Agent or Commissioner
- In addition to other methods of service provided by law, a foreign or alien insurer may be served with legal process by service of duplicate copies of the legal process on the agent for service designated under Code Section 33-4-3 or upon the Commissioner.At the time of service the plaintiff shall pay a fee in an amount as provided in Code Section 33-8-1, taxable as cost in the action.Upon receiving such service the Commissioner shall promptly forward a copy of such service by registered or certified mail or statutory overnight delivery to the person last so designated by the insurer to receive the same.
- Process served upon the Commissioner and a copy of such process forwarded as provided in this Code section shall constitute service of such legal process upon the insurer so long as the insurer shall have any obligations or liabilities outstanding, although the company may have withdrawn, have been excluded from, or have ceased to do business in this state.
(Code 1933, § 56-1204, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1985, p. 1399, § 1; Ga. L. 1992, p. 2725, § 8; Ga. L. 2000, p. 1589, § 3.)
Editor's notes.- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provided that the amendment to this Code section by Ga. L. 2000, p. 1589, § 3, was applicable with respect to notices delivered on or before July 1, 2000.
JUDICIAL DECISIONS
Long-arm jurisdiction established over withdrawing insurers.
- This section establishes long-arm jurisdiction over any insurance company that, having done business in Georgia, withdraws from the state and leaves behind outstanding obligations. Smith v. Lloyd's of London, 568 F.2d 1115 (5th Cir. 1978).
Substituted service may be used although no agent in county of suit.
- Former Code 1933, §§ 56-603, 56-1203, and 56-1204 (see O.C.G.A. §§ 33-4-3 and33-4-4) provide an independent mode of service which may be pursued by any plaintiff, regardless of whether the company may have an agent in the county where the suit is filed. Seminole County Bd. of Educ. v. American Ins. Co., 180 Ga. 661, 180 S.E. 229 (1935).
Section permits service by methods not provided in title.
- The phrase "in addition to other methods of service provided by law" in this section means methods provided by law other than in this title. Aetna Cas. & Sur. Co. v. Sampley, 108 Ga. App. 617, 134 S.E.2d 71 (1963).
Service under laws as to corporations.
- The reference to other methods of service in this section included that of serving "any agent" of the company as provided in former Code 1933, § 22-1101 (see O.C.G.A. § 9-11-4). Aetna Cas. & Sur. Co. v. Sampley, 108 Ga. App. 617, 134 S.E.2d 71 (1963).
This chapter authorizes service on a foreign insurance company by methods of service provided by law other than in this title, hence on its local agent as provided by former Code 1933, § 22-1101 (see O.C.G.A. § 9-11-4(d)), as well as on the appointed process agent. Beard v. Calvert Fire Ins. Co., 114 Ga. App. 249, 150 S.E.2d 711 (1966).
Alternative recipient, not alternative manner of service.
- The purpose of this section is to specify an alternative recipient of legal process, and not an alternative manner of service, and formal service of process is required. Wilkerson v. Voyager Cas. Ins. Co., 171 Ga. App. 834, 321 S.E.2d 346 (1984).
Service proper although no power of attorney appointing agent was filed.
- Service of process on the Insurance Commissioner, who then forwarded a copy to the defendant foreign insurance carrier by registered mail in accordance with this section, was proper where a power of attorney appointing an agent for service had not been filed. American Bankers Ins. Co. v. Andre, 157 Ga. App. 661, 278 S.E.2d 427 (1981).
RESEARCH REFERENCES
ALR.
- Foreign insurance company as subject to service of process in action on policy, 44 A.L.R.2d 416.
