Georgia Insurers Insolvency Pool v. Elbert Cnty., 368 S.E.2d 500 (Ga. 1988). · Go Syfert
Georgia Insurers Insolvency Pool v. Elbert Cnty., 368 S.E.2d 500 (Ga. 1988). Cases Citing This Book View Copy Cite
110 citation events (86 in the last 25 years) across 7 distinct courts.
Strongest positive: Erick Francisco Nunez Tavarez v. Georgia Department of Corrections; Smith State Prison; Ashley Kennedy; Keenan Carver; Curtis Todd; Willesha Warren; Rodney Foulks; Tyrone Oliver; Charles Mims; and Jacob Beasley (gasd, 2026-01-15)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Erick Francisco Nunez Tavarez v. Georgia Department of Corrections; Smith State Prison; Ashley Kennedy; Keenan Carver; Curtis Todd; Willesha Warren; Rodney Foulks; Tyrone Oliver; Charles Mims; and Jacob Beasley
S.D. Ga. · 2026 · confidence medium
See 42 U.S.C. § 1983 (subjecting only “persons” to liability); Ga. Insurers Insolvency Pool v. Elbert Cnty., 368 S.E.2d 500, 502 (Ga. 1988) (limiting § 1983 liability to “(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue”) (quotations omitted).
discussed Cited as authority (rule) Tonyel Y. Bell v. Baldwin State Prison, et al.
M.D. Ga. · 2025 · confidence medium
The Georgia Supreme Court has explained that there are only three classes of legal entities that can sue or be sued: “(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial person as the law recognizes as being capable to sue.” Ga. Insurers Insolvency Pool v. Elbert Cnty., 368 S.E.2d 500, 502 (Ga. 1988) (quoting Cravey v. Se.
discussed Cited as authority (rule) BROWNER v. RUTLEDGE
M.D. Ga. · 2025 · confidence medium
Jail, 280 F. App’x 930 , 934 n.1 (11th Cir. 2008) (citing Ga. Insurers Insolvency Pool, 368 S.E.2d at 502) (“We note that the Thomas County Jail is not an entity capable of being sued under Georgia law.”); Lovelace v. Dekalb Cent.
discussed Cited as authority (rule) Isler v. Medical Department at Johnson State Prison
S.D. Ga. · 2025 · confidence medium
See 42 U.S.C. § 1983 (subjecting only “persons” to liability); Ga. Insurers Insolvency Pool v. Elbert Cnty., 368 S.E.2d 500, 502 (Ga. 1988) (limiting § 1983 liability to “(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue”) (quotations omitted); Herrington v. Effingham Cnty.
discussed Cited as authority (rule) WHITWORTH v. FRANKLIN COUNTY DETENTION CENTER
M.D. Ga. · 2025 · confidence medium
Jail, 280 F. App’x 930 , 934 n.1 (11th Cir. 2008) (citing Ga. Insurers Insolvency Pool, 368 S.E.2d at 502) (“We note that the Thomas County Jail is not an entity capable of being sued under Georgia law.”); Lovelace v. Dekalb Cent.
discussed Cited as authority (rule) Turner v. Camacho
S.D. Ga. · 2025 · confidence medium
See 42 U.S.C. § 1983 (subjecting only “persons” to liability); Ga. Insurers Insolvency Pool v. Elbert Cnty., 368 S.E.2d 500, 502 (Ga. 1988) (limiting § 1983 liability to “(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue”) (quotations omitted); Herrington v. Effingham Cnty.
discussed Cited as authority (rule) GAGE v. FRANKLIN COUNTY
M.D. Ga. · 2025 · confidence medium
And under Georgia law, there are only three classes of legal entities capable of being sued: “‘(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue.’” Ga. Insurers Insolvency Pool v. Elbert Cnty., 258 Ga. 317, 318 (Ga. 1988) (quoting Cravey v. Se.
discussed Cited as authority (rule) OSBORNE v. BEASLEY
S.D. Ga. · 2025 · confidence medium
The Georgia Supreme Court has explained that there are only three classes of legal entities that can sue or be sued: “(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial person as the law recognizes as being capable to sue.” Ga. Insurers Insolvency Pool v. Elbert Cnty., 368 S.E.2d 500, 502 (Ga. 1988) (quoting Cravey v. Se.
discussed Cited as authority (rule) OSBORNE v. BEASLEY
M.D. Ga. · 2025 · confidence medium
The Georgia Supreme Court has explained that there are only three classes of legal entities that can sue or be sued: “(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial person as the law recognizes as being capable to sue.” Ga. Insurers Insolvency Pool v. Elbert Cnty., 368 S.E.2d 500, 502 (Ga. 1988) (quoting Cravey v. Se.
discussed Cited as authority (rule) Bufford v. Brown
N.D. Ga. · 2025 · confidence medium
Under Georgia law, only three types of legal entities can sue or be sued: “(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue.” Lawal v. Fowler, 196 F. App’x 765, 768 (11th Cir. 2006) (quoting Ga. Insurers Insolvency Pool v. Elbert Cnty., 258 Ga. 317, 368 (1988)).
discussed Cited as authority (rule) CARLAN v. BIBB COUNTY SHERIFF'S OFFICE
M.D. Ga. · 2025 · confidence medium
There are only three classes of legal entities in Georgia: “‘(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial person as the law recognizes as being capable to sue.’” Georgia Insurers Insolvency Pool v. Elbert Cty., 368 S.E.2d 500, 502 (Ga. 1988) (quoting Cravey v. Southeastern Underwriters Ass’n., 105 S.E.2d 497, 501 (Ga. 1958)).
discussed Cited as authority (rule) Turner v. State Of Georgia
S.D. Ga. · 2025 · confidence medium
See 42 U.S.C. § 1983 (subjecting only “persons” to liability); Ga. Insurers Insolvency Pool v. Elbert Cnty., 368 S.E.2d 500, 502 (Ga. 1988) (limiting § 1983 liability to “(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue” (quotations omitted)).
discussed Cited as authority (rule) Sartin v. Statesboro Police Department
S.D. Ga. · 2024 · confidence medium
See 42 U.S.C. § 1983 (subjecting only “persons” to liability); Ga. Insurers Insolvency Pool v. Elbert Cnty., 368 S.E.2d 500, 502 (Ga. 1988) (limiting § 1983 liability to “(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue”’) (quotations omitted).
discussed Cited as authority (rule) Greene v. Sheriff, Richmond County Jail
S.D. Ga. · 2024 · confidence medium
See 42 U.S.C. § 1983 (subjecting only “persons” to liability); Ga. Insurers Insolvency Pool v. Elbert Cnty., 368 S.E.2d 500, 502 (Ga. 1988) (limiting § 1983 liability to “(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue” (quotations omitted)).
discussed Cited as authority (rule) ROCHA JAMARILLO v. GILES
M.D. Ga. · 2024 · confidence medium
Proc. 17(b)– (c).14 Georgia law recognizes three classes of legal entities which are capable of being sued: (1) natural persons; (2) corporations, and (3) “such quasi-artificial persons as the law recognizes as being capable to sue.” Georgia Insurers Insolvency Pool v. Elbert Cnty., 368 S.E.2d 500, 502 (Ga. 1988) (quoting Cravey v. Southeastern Underwriters Ass’n., 105 S.E.2d 497 (1958)).
discussed Cited as authority (rule) OLDAKER v. GILES
M.D. Ga. · 2024 · confidence medium
Proc. 17(b)– (c).19 Georgia law recognizes three classes of legal entity which are capable of being sued: (1) natural persons; (2) corporations, and (3) “such quasi-artificial persons as the law recognizes as being capable to sue.” Georgia Insurers Insolvency Pool v. Elbert Cnty., 368 S.E.2d 500, 502 (Ga. 1988) (quoting Cravey v. Southeastern Underwriters Ass’n, 105 S.E.2d 479 (1958)).
discussed Cited as authority (rule) PARKER v. VALDOSTA STATE PRISON
M.D. Ga. · 2024 · confidence medium
The Georgia Supreme Court has explained that there are only three classes of legal entities: “‘(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi- 6 artificial person as the law recognizes as being capable to sue’.” Georgia Insurers Insolvency Pool v. Elbert County, 258 Ga. 317, 318 (Ga. 1988) (quoting Cravey v. Southeastern Underwriters Assn., 214 Ga. 450, 453 (1958)).
discussed Cited as authority (rule) Hobbs v. Carter
S.D. Ga. · 2023 · confidence medium
Georgia “‘recognizes only three classes as legal entities, namely: (1) natural persons; (2) an artificial person (a corporation); and (3) such quasi- artificial persons as the law recognizes as being capable to sue.’” Ga. Insurers Insolvency Pool v. Elbert Cnty., 368 S.E.2d 500, 502 (Ga. 1988) (quoting Cravey v. Se.
discussed Cited as authority (rule) Miles v. Jenkins Correctional Facility
S.D. Ga. · 2022 · confidence medium
See 42 U.S.C. § 1983 (subjecting only “persons” to liability); Ga. Insurers Insolvency Pool v. Elbert Cty., 368 S.E.2d 500, 502 (Ga. 1988) (limiting § 1983 liability to “(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue’’) (quotations omitted).
discussed Cited as authority (rule) Turner v. Ward
S.D. Ga. · 2022 · confidence medium
See 42 U.S.C. § 1983 (subjecting only “persons” to liability); Ga. Insurers Insolvency Pool v. Elbert Cty., 368 S.E.2d 500, 502 (Ga. 1988) (limiting § 1983 liability to “(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue”) (quotations omitted).
discussed Cited as authority (rule) ROBINSON v. ALCOVY JUDICIAL SYSTEM
M.D. Ga. · 2022 · confidence medium
P. 17(b) (capacity to be sued is determined by State law); Georgia Insurers Insolvency Pool v. Elbert Cnty., 368 S.E.2d 500, 502 (Ga. 1988) (quoting Cravey v. Southeastern Underwriters Ass’n., 105 S.E.2d 497, 501 (Ga. 1958) (explaining the classes of legal entities that are subject to suit in Georgia).
discussed Cited as authority (rule) MCLEMORE v. COLUMBUS CONSOLIDATED GOVERNMENT
M.D. Ga. · 2021 · confidence medium
This state recognizes only three classes as legal entities, namely: (1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue.’” Lawal v. Fowler, 196 F. App’x 765, 768 (11th Cir. 2006) (per curiam) (quoting Ga. Insurers Insolvency Pool v. Elbert Cnty., 368 S.E.2d 500, 502 (Ga. 1988)).
discussed Cited as authority (rule) BATTLE v. HANCOCK STATE PRISON
M.D. Ga. · 2021 · confidence medium
The Georgia Supreme Court has explained that there are only three classes of legal entities: “‘(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial person as the law recognizes as being capable to sue.’” Georgia Insurers Insolvency Pool v. Elbert Cty., 258 Ga. 317, 318 (Ga. 1988) (quoting Cravey v. Southeastern Underwriters Ass’n., 214 Ga. 450, 453 (1958)).
discussed Cited as authority (rule) JOHNSON v. GIBSON
M.D. Ga. · 2020 · confidence medium
See Manders v. Lee, 338 F.3d 1304, 1308, 1328 (11th Cir. 2003) (en banc). entities, namely: (1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue.” Lawal v. Fowler, 196 F. App’x 765, 768 (11th Cir. 2006) (per curiam) (quoting Ga. Insurers Insolvency Pool v. Elbert Cty., 368 S.E.2d 500, 502 (Ga. 1988)).
cited Cited as authority (rule) Jobie Lamar Myers v. Clayton County District Attorney's Office
Ga. Ct. App. · 2020 · confidence medium
Inc., 290 Ga. App. 882, 884 (1) ( 660 SE2d 797 ) (2008) (citation and punctuation omitted). 7 Elbert County, 258 Ga. 317, 318 (1) ( 368 SE2d 500 ) (1988) (punctuation omitted).
discussed Cited as authority (rule) HERRING v. CITY OF THOMASVILLE
M.D. Ga. · 2020 · confidence medium
Georgia law recognizes “only three classes as legal entities, namely: (1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue.” Ga. Insurers Insolvency Pool v. Elbert Cty., 258 Ga. 317, 318 (1988) (quoting Cravey v. Se.
discussed Cited as authority (rule) JOHNSON v. KIKER
M.D. Ga. · 2020 · confidence medium
This state recognizes only three classes as legal entities, namely: (1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue.’” Lawal v. Fowler, 196 F. App’x 765, 768 (11th Cir. 2006) (per curiam) (quoting Ga. Insurers Insolvency Pool v. Elbert Cty., 368 S.E.2d 500, 502 (Ga. 1988)) (affirming district court’s dismissal of Georgia county sheriff’s department).
discussed Cited as authority (rule) Campbell v. Moye
S.D. Ga. · 2020 · confidence medium
Under Georgia law, “in every suit there must be a legal entity as the real plaintiff and the real defendant. [Georgia] recognizes only three classes as legal entities, namely: (1) natural persons; (2) an artificial person (a corporation); and (3) such quasi- artificial persons as the law recognizes as being capable to sue.” Lawal v. Fowler, 196 F. App’x 765, 768 (11th Cir. 2006) (citing Georgia Insurers Insolvency Pool v. Elbert County, 368 S.E.2d 500, 502 (Ga. 1988) (finding sheriff’s department not a legal entity subject to suit)).
cited Cited as authority (rule) WOOD v. CITY OF WARNER ROBINS GEORGIA
M.D. Ga. · 2020 · confidence medium
Ga. 2003) (quoting Ga. Insurers Insolvency Pool, 368 S.E.2d 500, 502 (Ga. 1988)).
discussed Cited as authority (rule) YASHARA'L v. DOE
M.D. Ga. · 2020 · confidence medium
The Georgia Supreme Court has explained that there are only three classes of legal entities: “‘(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial person as the law recognizes as being capable to sue.’” Georgia Insurers Insolvency Pool v. Elbert Cty., 258 Ga. 317, 318 (1988) (quoting Cravey v. Southeastern Underwriters Ass’n., 214 Ga. 450, 453 (1958)).
discussed Cited as authority (rule) BLASH v. CITY OF HAWKINSVILLE AND PULASKI COUNTY GEORGIA SHERRIF'S OFFICE
M.D. Ga. · 2019 · confidence medium
However, as discussed by the Pulaski County Sheriff’s Office in its unopposed dismissal motion, a sheriff’s office is not a legal entity capable of being sued. [Doc. 12 at p. 4 (citing Ga. Insurers Insolvency Pool v. Elbert Cty., 368 S.E.2d 500, 502 (Ga. 1988))]; see also [Doc. 28].
cited Cited as authority (rule) BLASH v. CITY OF HAWKINSVILLE AND PULASKI COUNTY GEORGIA SHERRIF'S OFFICE
M.D. Ga. · 2019 · confidence medium
Ga. June 17, 2016) (citing Ga. Insurers Insolvency Pool v. Elbert Cty., 368 S.E.2d 500, 502 (Ga. 1988)).
discussed Cited as authority (rule) Smith v. Coleman
S.D. Ga. · 2019 · confidence medium
P. 17(b)(3).3 Under Georgia law, “in every suit there must be a legal entity as the real plaintiff and the real defendant. [Georgia] recognizes only three classes as legal entities, namely: (1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue.” Lawal v. Fowler, 196 F. App’x 765, 768 (11th Cir. 2006) (citing Ga. Insurers Insolvency Pool v. Elbert County, 368 S.E.2d 500, 502 (Ga. 1988) (finding sheriff’s department not a legal entity subject to suit)).
discussed Cited as authority (rule) Smith v. Coleman
S.D. Ga. · 2019 · confidence medium
P. 17(b)(3).3 Under Georgia law, “in every suit there must be a legal entity as the real plaintiff and the real defendant. [Georgia] recognizes only three classes as legal entities, namely: (1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue.” Lawal v. Fowler, 196 F. App’x 765, 768 (11th Cir. 2006) (citing Ga. Insurers Insolvency Pool v. Elbert County, 368 S.E.2d 500, 502 (Ga. 1988) (finding sheriff’s department not a legal entity subject to suit)).
discussed Cited as authority (rule) McNatt v. Bush
S.D. Ga. · 2019 · confidence medium
See Sharma v. Drug Enf’t Agency, 511 F. App’x 898, 901 (11th Cir. 2013) (“Bivens only applies to claims against federal officers in their individual capacities.”); see also 42 U.S.C. § 1983 (subjecting only “persons” to liability); Ga. Insurers Insolvency Pool v. Elbert Cty., 368 S.E.2d 500, 502 (Ga. 1988) (limiting § 1983 liability to “(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue”) (quotations omitted). 3.
discussed Cited as authority (rule) McNatt v. Bush
S.D. Ga. · 2019 · confidence medium
See 42 U.S.C. § 1983 (subjecting only “persons” to liability); Ga. Insurers Insolvency Pool v. Elbert Cty., 368 S.E.2d 500, 502 (Ga. 1988) (limiting § 1983 liability to “(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi- artificial persons as the law recognizes as being capable to sue”) (quotations omitted). 3.
discussed Cited as authority (rule) EL v. KEMP
M.D. Ga. · 2019 · confidence medium
The Georgia Supreme Court has explained that there are only three classes of legal entities: “(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial person as the law recognizes as being capable to sue.” Ga. Insurers Insolvency Pool v. Elbert Cty., 258 Ga. 317, 319 , 368 S.E.2d 500, 501 (1988) (quotation marks and citation omitted).
discussed Cited as authority (rule) Merritt v. Richmond County Sheriff Office
S.D. Ga. · 2019 · confidence medium
See 42 U.S.C. § 1983 (subjecting only “persons” to liability); Ga. Insurers Insolvency Pool v. Elbert Cty., 368 S.E.2d 500, 502 (Ga. 1988) (limiting § 1983 liability to “(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue’’) (quotations omitted).
cited Cited as authority (rule) Christopher Yon Brannon v. Thomas Co. Jail
11th Cir. · 2008 · confidence medium
Georgia Insurers Insolvency Pool v. Elbert County, 258 Ga. 317 , 368 S.E.2d 500, 502 (1988).
discussed Cited as authority (rule) Abiola K. Lawal v. Raymond Fowler
11th Cir. · 2006 · confidence medium
This state recognizes only three classes as legal entities, namely: (1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue.” Georgia Insurers Insolvency Pool v. Elbert County, 258 Ga. 317 , 368 S.E.2d 500, 502 (1988) (quotation omitted).
discussed Cited as authority (rule) Tiwanda Lovelace v. DeKalb Central Probation
11th Cir. · 2005 · confidence medium
This state recognizes only three classes as legal entities, namely: (1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue.” Georgia Insurers Insolvency Pool v. Elbert County, 258 Ga. 317 , 368 S.E.2d 500, 502 (1988) (quotation omitted).
discussed Cited as authority (rule) Norman Enterprises Interior Design, Inc. v. Dekalb County
Ga. Ct. App. · 2000 · confidence medium
Such agreement, if upheld, would prevent GIIP, which is not a party to the action and has not agreed to be bound by the stipulation and agreement, from asserting the defense set forth in OCGA § 33-36-3 (2) (F); would allow DeKalb County to recover directly from GIIP, even *543 though DeKalb County’s assets at the time of the insured event were in excess of $3 million; and would frustrate the intent of the legislature in enacting the Georgia Insurers Insolvency Pool Act, which was “to provide this remedy to certain groups or ‘persons’ and exclude others with very large financial resour…
discussed Cited as authority (rule) Woods v. Belvedere Park Apartments
Ga. Ct. App. · 1997 · confidence medium
Steven Cheatwood, for appellee. “[I]n every suit there must be a legal entity as the real plaintiff and the real defendant.” (Citation and punctuation omitted.) Ga. Insurers Insolvency Pool v. Elbert County, 258 Ga. 317, 318 (1) ( 368 SE2d 500 ) (1988).
discussed Cited as authority (rule) Howard v. Brown (2×)
S.D. Ga. · 1988 · confidence medium
The Georgia Supreme Court has determined that in every action there must be “a legal entity as the real plaintiff and the real defendant.” Georgia Insurer’s Insolvency Pool v. Elbert County, 258 Ga. 317 , 368 S.E.2d 500, 502 (1988).
cited Cited "see" HAMILTON v. WORTH COUNTY SHERIFF'S OFFICE
M.D. Ga. · 2024 · signal: see · confidence high
See Ga. Insurers Insolvency Pool v. Elbert Cty., 368 S.E.2d 500 , 502 (Ga. 1998) (quoting Cravey v. SE Underwriters Ass’n, 105 S.E.2d 497 (Ga. 1958)); see also Brannon v. Thomas Cty.
discussed Cited "see" DeJulio v. Georgia (2×)
N.D. Ga. · 2001 · signal: see · confidence high
See contra Georgia Insurers Insolvency Pool, 258 Ga. at 318 , 368 S.E.2d 500 (concluding that Elbert County is legal entity based on Georgia statute providing that “[e]very county is a body corporate with power to sue or be sued in any court”).
examined Cited "see" Attorney General Ex Rel. Department of Natural Resources v. Michigan Property & Casualty Guaranty Ass'n (3×)
Mich. Ct. App. · 1996 · signal: see · confidence high
Comm. v. Michigan Property & Casualty Guaranty Ass'n, 217 Mich.App. 154 , 550 N.W.2d 856 (1996); see Georgia Insurers Insolvency Pool v. Elbert Co., 258 Ga. 317, 318 , 368 S.E.2d 500 (1988).
discussed Cited "see" Georgia Insurers Insolvency Pool v. Southeast Atlantic Cargo Operators, Inc. (2×)
Ga. Ct. App. · 1994 · signal: see · confidence high
See GIIP v. Elbert County, 258 Ga. 317 (2) ( 368 SE2d 500 ) (1988).
discussed Cited "see, e.g." Williams v. Core Civic
S.D. Ga. · 2025 · signal: see also · confidence medium
See 42 U.S.C. § 1983 ; see also Georgia Insurers Insolvency Pool v. Elbert Cnty., 368 S.E.2d 500, 502 (Ga. 1988) (limiting § 1983 liability to “(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue”) (quotations omitted).
discussed Cited "see, e.g." ODOM v. CHARLES B WEBSTER DETENTION CENTER
S.D. Ga. · 2025 · signal: see also · confidence medium
See 42 U.S.C. § 1983 ; see also Georgia Insurers Insolvency Pool v. Elbert County, 368 S.E.2d 500, 502 (Ga. 1988) (limiting § 1983 liability to “(1) natural persons; (2) an artificial person (a corporation); and (3) such quasi- artificial persons as the law recognizes as being capable to sue”) (quotations omitted).
Retrieving the full opinion text from the archive…
GEORGIA INSURERS INSOLVENCY POOL
v.
ELBERT COUNTY, GEORGIA Et Al.
45531.
Supreme Court of Georgia.
Jun 1, 1988.
368 S.E.2d 500
Andrew J. Ekonomou, Teresa W. Pendergrast, for appellant., Heard, Leverett, Adams & Jenkins, E. Freeman Leverett, Cynthia G. Weaver, for appellees.
Gregory.
Cited by 59 opinions  |  Published
Gregory, Justice.

A hailstorm damaged the Elbert County courthouse, and the county filed a claim with its insurer. When the insurer was adjudged insolvent, the county filed a claim with the Georgia Insurers Insolvency Pool (GIIP). GIIP denied the claim and the county filed suit. The trial court ruled that under OCGA § 33-36-3 the county was a “person which has a net worth greater than $1 million” [1] and therefore did not have a “covered claim” under the Georgia Insurers Insolvency Act. The Court of Appeals reversed, finding that the legislature did not intend for the word “person,” as it is used in OCGA §§ 33-1-2 (5) and 33-36-3 (2) (F), to include a county. Elbert County v. Ga. Insurers Insolvency Pool, 185 Ga. App. 803 (366 SE2d 153) (1988). We granted certiorari to determine whether a county is a “person” within the meaning of these code sections.

1. OCGA § 33-1-2 provides definitions of terms used in the title governing insurance. Subsection (5) provides,

“Person” means an individual, insurer, company, association, trade association, organization, society, reciprocal or interinsurance exchange, partnership, syndicate, business trust, corporation, Lloyd’s association, and associations, groups, or department of underwriters, and any other legal entity. [Emphasis supplied.]

At the time this claim arose, OCGA § 33-36-3 (2) (F), governing the[*318] Georgia Insurers Insolvency Pool, provided that “[a] covered claim shall not include any obligation to insurers, insurance pools, underwriting associations, or any person which has a net worth greater than $1 million at the time of the insured event.” (Emphasis supplied.) The parties stipulate that Elbert County had a net worth greater than $1 million at all times applicable to this action. The issue before us is whether Elbert County is “any other legal entity” within the meaning of OCGA § 33-1-2 (5) such that it is a “person” whose claim is not covered under OCGA § 33-36-3 (2) (F).

A definition of “legal entity” is not set out in the insurance code. Black’s Law Dictionary (5th ed. 1979) defines a “legal entity” as “an entity, other than a natural person, who has sufficient existence in legal contemplation that it can function legally, be sued or sue, and make decisions through agents as in the case of corporations.” In Cravey v. Southeastern Underwriters Assn., 214 Ga. 450, 453 (105 SE2d 497) (1958), this court said, “[i]n every suit there must be a legal entity as the real plaintiff and the real defendant. This state recognizes only three classes as legal entities, namely: (1) natural persons; (2) an artificial person (a corporation); and (3) such quasi-artificial persons as the law recognizes as being capable to sue.”

Article IX, Section 1, Paragraph 1 of the 1983 Georgia Constitution states that “[e]ach county shall be a body corporate and politic with such governing authority and with such powers and limitations as are provided in this Constitution and as provided by law.” OCGA § 36-1-3 provides that “[e]very county is a body corporate, with power to sue or be sued in any court.” It has been held that counties are but “quasi-corporations.” Millwood v. DeKalb County, 106 Ga. 743, 745 (32 SE 577) (1899). We conclude from these authorities that Elbert County is a “legal entity” within the meaning of OCGA § 33-1-2 (5), and is therefore a “person” within the meaning of that code section and of OCGA § 33-36-3 (2) (F). As a “person” with a stipulated net worth of more than $1 million, its claim is not covered by the Georgia Insurers Insolvency Pool Act.

2. The county and the Court of Appeals rely on City of Atlanta v. Smith, 99 Ga. 462, 467 (27 SE 696) (1896), which states,

[i]t is an ancient maxim of the common law that “the king is not bound by any statute if he be not expressly named to be so bound.” No intent to relinquish or abridge any prerogative, right, title or interest of the crown will be presumed, unless such an intent is manifest from the language of the statute.

The county argues that since the legislature did not expressly include counties in the exemption from coverage contained in OCGA § 33-36-[*319] 3 (2) (F), it did not intend for the code section to apply to counties. We do not agree.

Decided June 1, 1988 Reconsideration denied June 14, 1988. Andrew J. Ekonomou, Teresa W. Pendergrast, for appellant. Heard, Leverett, Adams & Jenkins, E. Freeman Leverett, Cynthia G. Weaver, for appellees.

We first point out that OCGA § 33-36-3 (2) (F) does not abridge any right or interest of a sovereign to whom the Act may apply. But for the Georgia Insurers Insolvency Pool Act, there would be no “remedy for covered claims under property and casualty insurance policies when the insurer has become insolvent. . .” OCGA § 33-36-2. The legislature has simply chosen to provide this remedy to certain groups or “persons” and exclude others with very large financial resources. A “person” has only such “rights” under the Act as the Act provides. Counties are legal entities and as such are “persons” whose claims may or may not be covered under OCGA § 36-33-3 (2) (F), depending on the net worth of the county at the time of the insured event.

Judgment reversed.

All the Justices concur.
1

In 1985 the legislature amended OCGA § 33-36-3 (2) (F) to provide that “A covered claim shall not include any obligation to. . .any person which has a net worth greater than $3 million at the time of the insured event.” See 1985 Ga. Laws, p. 1485. The parties agree this amendment does not apply to this case.