O.C.G.A.
O.C.G.A.

O.C.G.A. § 33-17-12 (2019)

Effect of discharge of duties by attorney of foreign or alien insurer; office of attorney

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) The attorney of a foreign or alien reciprocal insurer, which insurer is duly authorized to transact insurance in this state, shall not, by virtue of discharge of his or her duties as such attorney with respect to the insurer’s transactions in this state, be thereby deemed to be doing business in this state within the meaning of any laws of this state applying to foreign firms or corporations.

(b) The office of the attorney shall be maintained at such place as is designated by the subscribers in the power of attorney.

History

Code 1933, § 56-2106, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2019, p. 337, § 1-81/SB 132.

The 2019 amendment, effective July 1, 2019, inserted ‘‘or her’’ in subsection (a).

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, annotations decided under Ga. L. 1958, p. 649, § 2 are included in the annotations for this Code section. Venue properly laid in county where reciprocal exchange had agent at time of loss. - Provision to the effect that an insurance company can be sued, inter alia, in the county where its agent or place of business was located at the time the cause of action arose or the contract was made (see O.C.G.A. § 33-4-1(3)), is

applicable to a reciprocal exchange, and venue is properly laid in county in which defendant had an agent at the time of the loss, even though when action was filed, this agent had left and service was had upon individual designated by defendant for acceptance of service. Lumbermen’s Underwriting Alliance v. First Nat’l Bank & Trust Co., 98 Ga. App. 289, 105 S.E.2d 585 (1958); Lumbermen’s Underwriting Alliance v. Jessup, 98 Ga. App. 305, 105 S.E.2d 596 (1958) (decided under Ga. L. 1958, p. 649, § 2).

RESEARCH REFERENCES Am. Jur. 2d. - 43 Am. Jur. 2d, Insurance, § 74. C.J.S. - 46A C.J.S., Insurance, § 2387.

Notes of Decisions
Cited in 1 case, 1999–1999 · leading case: O'NEAL v. Oxendine, 514 S.E.2d 908 (Ga. Ct. App. 1999).
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O'NEAL v. Oxendine, 514 S.E.2d 908 (Ga. Ct. App. 1999). · cites it 2× “" OCGA § 33-17-12(b). The facilitator has broad powers "to reform and revitalize the insurer," including authority to appoint, with the approval of the court, "an advisory committee of policyholders, claimants, or other creditors.”
— 33-17-12(b) — 1 case
O'NEAL v. Oxendine, 514 S.E.2d 908 (Ga. Ct. App. 1999). “" OCGA § 33-17-12(b). The facilitator has broad powers "to reform and revitalize the insurer," including authority to appoint, with the approval of the court, "an advisory committee of policyholders, claimants, or other creditors.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.