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O.C.G.A. § 33-24-32 — Underwriters' and combination policies | Georgia Code
O.C.G.A. § 33-24-32 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 33 INSURANCE

Section 24. Insurance Generally, 33-24-1 through 33-24-98.

ARTICLE 1 GENERAL PROVISIONS

33-24-32. Underwriters' and combination policies.

  1. Two or more authorized insurers may jointly issue and shall be jointly and severally liable on an underwriters' policy bearing their names. Any one insurer may issue policies in the name of an underwriter's department and the policy shall plainly show the true name of the insurer.
  2. Two or more insurers may issue a combination policy which shall contain provisions substantially as follows:
    1. That the insurers executing the policy shall be severally liable for the full amount of any loss or damage according to the terms of the policy or for specified percentages or amounts of such loss or damage, aggregating the full amount of insurance under the policy; and
    2. That service of process or of any notice or proof of loss required by the policy upon any of the insurers executing the policy shall constitute service upon all insurers.
  3. Reserved.
  4. This Code section shall not apply to cosurety obligations.

(Code 1933, § 56-2417, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1999, p. 878, § 13.)

JUDICIAL DECISIONS

No authorization for separate policies without separability clause.

- Without the application of the separability clause in the insuring agreement, there is no authorization for the creation of separate policies. Leader Nat'l Ins. Co. v. Berry, 157 Ga. App. 627, 278 S.E.2d 170 (1981).

"Stacking" permitted only on multiple automobile policies.

- As to single policy coverage of automobiles, there can generally be no pyramiding of the uninsured motorist provisions, but, as to multiple policies, an insured may recover on both policies under the uninsured motorist provisions, thus pyramiding or "stacking" the coverage. Leader Nat'l Ins. Co. v. Berry, 157 Ga. App. 627, 278 S.E.2d 170 (1981).

Effect of consent by insurer to dual agency.

- When an insurance company acquiesces in an arrangement with an insurance agent representing it whereby the agent may be expected to act also on behalf of the insured, the company consents to the dual agency so that the agent is no longer insulated from responsibility to the insured to effect the agreed-upon coverage on the ground that the agent's undertaking to do so is against public policy. Speir Ins. Agency, Inc. v. Lee, 158 Ga. App. 512, 281 S.E.2d 279 (1981).

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, § 59.

C.J.S.

- 44 C.J.S., Insurance, §§ 3, 7, 20, 21. 46A C.J.S., Insurance, §§ 2229, 2231, 2232.

ALR.

- Prior or subsequent policy issued by insurer itself as a defense to or a limitation of recovery under another policy, 125 A.L.R. 846.

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This Georgia Code resource is curated by Georgia Bar member Graham W. Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. Attorney Syfert regularly works with Title 33 in the context of Georgia insurance coverage law and represents clients throughout Northeast Florida and South Georgia. For legal consultation, call 904-383-7448.