O.C.G.A.

O.C.G.A. § 33-4-5 (2019)

Service of process - Alien or foreign insurers - Service upon chief executive officer

✓ 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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Statute text

In actions upon any certificate or policy issued by a nonresident religious or mutual aid society, cooperative, or assessment life insurance company or society, service upon the chief executive officer, or the person acting officially for or as the chief executive officer of a local lodge, shall be sufficient service upon the society or company. In carrying out the purpose of this Code section, officers of local lodges are deemed to be agents of the nonresident societies or companies and the local lodges are deemed to be agencies of said companies or societies.

History

(Ga. L. 1861, p. 58, § 2; Code 1868, § 3332; Code 1873, § 3409; Code 1882, § 3409; Ga. L. 1890-91, p. 75, § 1; Civil Code 1895, § 2146; Civil Code 1910, § 2564; Code 1933, § 56-604; Code 1933, § 56-1205, enacted by Ga. L. 1960, p. 289, § 1.)

Annotations

JUDICIAL DECISIONS

No conflict with § 33-4-3. - Section 33-4-3 merely requires insurance companies doing business here to file with the Insurance Commissioner a written power of attorney appointing some person who shall be authorized to acknowledge service for such company, or upon whom process may be served, and is entirely compatible with § 33-4-1 and this section. Gaines v. Bankers' Alliance, 113 Ga. 1138, 39 S.E. 502 (1901).

Notes of Decisions

Cited in 1 case, 1986–1986 · leading case: Gibbs v. Jefferson-pilot Fire & Cas. Ins. Co., 343 S.E.2d 758 (Ga. Ct. App. 1986).

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Gibbs v. Jefferson-pilot Fire & Cas. Ins. Co., 343 S.E.2d 758 (Ga. Ct. App. 1986). · cites it 2× “The trial court entered an order striking the entire amended complaint, holding that the cause of action was for reformation of a contract and that a cause of action for emotional distress was barred because OCGA § 33-4-5 provided the exclusive penalties for breach of an…”

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.