O.C.G.A. § 33-3-30 (2019)
Principal United States place of business of alien insurer entering through this state
(a) Each alien insurer which enters through this state to transact insurance in the United States through a United States branch shall establish and maintain in this state such insurer’s principal place of business in the United States, and shall keep in such principal place of business complete records of the assets, transactions, and affairs in accordance with the methods and systems which are customary or suitable as to the kind or kinds of insurance transacted in the United States.
(b) Concealment from the Commissioner or removal from this state of any material part of the records required to be kept in this state under subsection (a) of this Code section, except for any reasonable purposes and periods of time as may be approved by the Commissioner in writing in advance of such removal, is prohibited. The certificate of authority to do business of any alien insurer which removes or attempts to remove any material part of such records from the principal place of business of the insurer in this state with the intent to remove the same from this state or conceals or attempts to conceal the same from the Commissioner in violation of this subsection shall be revoked. Upon any removal or attempted removal of such records or upon retention of such records or material part of such records outside this state beyond the period specified in the Commissioner’s consent under which such records were permitted to be removed or upon concealment of or attempts to conceal such records in violation of this subsection, the Commissioner may institute proceedings against the insurer pursuant to Chapter 37 of this title.
(c) This Code section shall not be deemed to prohibit or prevent an alien insurer from establishing and maintaining branch offices or regional home offices in other states where necessary or convenient to the transaction of its business and keeping therein the detailed records customary and necessary for the servicing of the insurance in force in the jurisdiction served by such an office as long as such records are made readily available at such office for examination by the Commissioner at his request.
History
Code 1981, § 33-3-30, enacted by Ga. L. 1999, p. 584, § 4.
CHAPTER 4 ACTIONS AGAINST INSURANCE COMPANIES Sec.
Venue of actions. Domestic insurers, service of process. Alien or foreign insurers, service of process generally. Alien or foreign insurers, duplicate copies of process upon designated agent or Commissioner. Service of process upon chief executive officer by alien or foreign insurers.
Annotations
Law reviews. - For annual survey article discussing developments in insurance law, see 51 Mercer L. Rev. 313 (1999). 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
Sec.
Liability of insurer for damages and attorney’s fees; notice to Commissioner and consumers’ insurance advocate. Affirmative duty to fairly and promptly adjust in incidents covered by motor vehicle liability policies; actions for bad faith; notice to Commissioner and consumers’ insurance advocate.
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).
JUDICIAL DECISIONS Proper plaintiff. - Absent the assignment of an insurance policy, a suit on the policy must be brought by the policyholder. Phillips v. Bacon, 245 Ga. 814, 267 S.E.2d 249 (1980). Judgment prerequisite to action. - Without some specific statutory authori-
zation, an action cannot proceed directly against the liability insurance carrier until a judgment is obtained against the tortfeasor or his liability is otherwise fixed. Smith v. Commercial Union Assurance Co., 246 Ga. 50, 268 S.E.2d 632 (1980).
RESEARCH REFERENCES ALR. - Statutory or contractual limitation where presumption of death of the insured from seven years’ absence is relied upon, 61 A.L.R. 686; 119 A.L.R. 1308. Right of owner to sue on fire or marine policy taken out by warehouseman, bailee, or carrier, 61 A.L.R. 720. Unincorporated association issuing insurance contract as subject to suit as entity in the name in which it contracts, 88 A.L.R. 164. Appraiser’s award in insurance cases as subject to attack because appraiser had previously acted for party naming him, 104 A.L.R. 563.
Conflict of laws as regards statutory or contractual provisions relating to right of injured person to maintain action against tortfeasor’s insurer, 120 A.L.R. 855. Judgment in favor of tortfeasor’s insurer in an action by injured person as res judicata in similar action by another person injured in same accident, 137 A.L.R. 1016. Burden of proof, in action upon an accident policy or accident feature of life policy, as regards conditions which, by the terms of the policy, limit or exclude coverage, 142 A.L.R. 742. Compromise by insured as affecting
right to recover against liability or indemnity insurer, either where claim exceeds limit of liability under policy, or where insurer denies liability on policy, refuses to defend, or otherwise delays taking action, 142 A.L.R. 809. Different benefits or claims of benefit under a policy of insurance as constituting a single cause of action or separate causes, 159 A.L.R. 563. Basis and manner of distribution among multiple claimants of proceeds of liability insurance policy inadequate to pay all claims in full, 70 A.L.R.2d 416. Timely suit to enforce policy as interrupting limitations against claimant’s later suit or amended pleading to reform it, or vice versa, 92 A.L.R.2d 168. Beneficiary’s ignorance of existence of life or accident policy as excusing failure to give notice, make proofs of loss, or bring action within time limited by policy or statute, 28 A.L.R.3d 292.
Right of injured person recovering excess judgment against insured to maintain action against liability insurer for wrongful failure to settle claim, 63 A.L.R.3d 677. Limitation of action against insurer for breach of contract to defend, 96 A.L.R.3d 1193. Insurer’s tort liability for consequential or punitive damages for wrongful failure or refusal to defend insured, 20 A.L.R.4th 23. Policy provision limiting time within which action may be brought on the policy as applicable to tort action by insured against insurer, 66 A.L.R.4th 859. Admissibility of polygraph or similar lie detector test results, or willingness to submit to test, on issues of coverage under insurance policy, or insurer’s good-faith belief that claim was not covered, 7 A.L.R.5th 143.