2025 Code of Georgia
Title 33 - Insurance (Chs. 1 — 66)
Chapter 5 - Regulation of Unauthorized Insurers (Arts. 1 — 3)
Article 3 - Unauthorized Insurers Process Act (§§ 33-5-50 — 33-5-59)

Annotations

JUDICIAL DECISIONS

This article is not punitive in nature but is intended, among other purposes, to protect residents of Georgia from the often insuperable obstacle of resorting to distant forums for the purpose of asserting legal rights. Retail Union Health & Welfare Fund v. Seabrum, 240 Ga. 695, 242 S. E.2d 18, 1978 Ga. LEXIS 809 (1978).

This article provides a method of suing in this state unauthorized insurers who write insurance on property having a situs in this state. Reeves v. South Am. Managers, Inc., 110 Ga. App. 49, 137 S. E.2d 700, 1964 Ga. App. LEXIS 544 (1964), aff'd, South America Managers, Inc. v. Reeves, 220 Ga. 493, 140 S. E.2d 201, 1965 Ga. LEXIS 545 (1965).

This article does not purport to deal with the question of venue of suits against insurance companies, but only with the mode of service of process upon unauthorized insurers. Liberty Bell Mut. Fire Ins. Co. v. Exum, 209 Ga. 548, 74 S. E.2d 738, 1953 Ga. LEXIS 327 (1953).

Surplus line coverage in accordance with the provisions of the Surplus Line Insurance Law (see O. C. G. A. § 33-5-20 et seq.) is issued in accordance with this chapter, while insurance written in a manner which authorizes service under this article is written in violation of and not in accordance with this chapter. Reeves v. South Am. Managers, Inc., 110 Ga. App. 49, 137 S. E.2d 700, 1964 Ga. App. LEXIS 544 (1964), aff'd, South America Managers, Inc. v. Reeves, 220 Ga. 493, 140 S. E.2d 201, 1965 Ga. LEXIS 545 (1965).

Research References & Practice Aids

Service of process on alien or foreign insurers, § 33-4-3 et seq.

Venue of actions against and service of process upon unauthorized insurers issuing surplus line policies, § 33-5-34.

For comment on McGee v. International Life Ins. Co., 355 U. S. 220, 78 S. Ct. 199, 2 L. Ed. 2d 223 (1957), holding that for a state to assert jurisdiction over a foreign insurance company it is sufficient for due process purposes if the contract on which the case is based has a substantial connection with that state, see 21 Ga. B. J. 113 (1958).

Collateral business activities incident to, or in aid of, interstate transportation, as related to interstate commerce, 152 A. L. R. 1078.

O. C. G. A. Title 33

O. C. G. A. Title 33, Ch. 5