O.C.G.A.

O.C.G.A. § 33-5-52 (2019)

Acts by insurer which constitute appointment of Commissioner as agent for service

✓ 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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Any of the following acts in this state effected, by mail or otherwise, by an unauthorized foreign or alien insurer:

(1) The issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business in this state;

(2) The solicitation of applications for said contracts;

(3) The collection of premiums, membership fees, assessments, or other considerations for the contracts; or

(4) Any other transaction of business is equivalent to and shall constitute an appointment by the insurer of the Commissioner and his successors in office as its attorney upon whom may be served all lawful process in any action or proceeding instituted by or on behalf of an insured or beneficiary arising out of the contracts of insurance; and any such act shall be a signification of this agreement that the service of process is of the same legal force and validity as personal service of process in this state upon the insurer.

History

Code 1933, § 56-605, enacted by Ga. L. 1960, p. 289, § 1.

Annotations

JUDICIAL DECISIONS Acts held to constitute doing business and render insurer subject to suit in state. - A life insurance company not authorized to transact business in Georgia because of failure to obtain a certificate of authority from the insurance commissioner is nevertheless doing business, although illegally, in the state by accepting an application for insurance from a resident of the state, delivering the

application to the resident by mail, and mailing premium notices to or accepting premiums from the resident during the life of the policy, so as to render it subject to suit and judgment in this state. Iowa State Travelers Mut. Ass’n v. Cadwell, 113 Ga. App. 128, 147 S.E.2d 461 (1966). Cited in Bishopsgate Ins. Co. v. Cactus Club, Inc., 176 Ga. App. 354, 335 S.E.2d 685 (1985).

RESEARCH REFERENCES ALR. - Constitutionality of statutes relating to insurance contracts made and

to be performed out of state, upon property life within state, 32 A.L.R. 636.

Notes of Decisions

Cited in 1 case, 1985–1985 · leading case: Bishopsgate Ins. v. Cactus Club, Inc., 335 S.E.2d 685 (Ga. Ct. App. 1985).

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Bishopsgate Ins. v. Cactus Club, Inc., 335 S.E.2d 685 (Ga. Ct. App. 1985). · cites it 12× “After the trial court conducted a hearing, it ruled “that there is sufficient contact as provided by OCGA § 33-5-52 ... to subject the [appellant] to the jurisdiction of this court.”

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.