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2018 Georgia Code 33-5-52 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 33-5-52 Case Law from Google Scholar Amendments to OCGA 33-5-52

TITLE 33 INSURANCE

Section 5. Regulation of Unauthorized Insurers, 33-5-1 through 33-5-59.

ARTICLE 3 UNAUTHORIZED INSURERS PROCESS ACT

33-5-52. Acts by insurer which constitute appointment of Commissioner as agent for service.

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.

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

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 same to him by mail, and mailing premium notices to or accepting premiums from him 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.

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