O.C.G.A. § 33-5-59 (2019)
Applicability of article
This article shall not apply to any action or proceeding against any unauthorized insurer arising out of any contract of:
(1) Reinsurance effectuated in accordance with the laws of Georgia;
(2) Surplus line insurance authorized by this chapter;
(3) Insurance on property or operations of carriers engaged in interstate commerce;
(4) Insurance against legal liability arising out of the ownership, operation, or maintenance of any property having a permanent situs outside of this state; or
(5) Insurance against loss of or damage to any property having a permanent situs outside of this state where the contract contains a provision designating the Commissioner or a bona fide resident of the State of Georgia to be its true and lawful 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 contract or where the insurer enters a general appearance in any such action or proceeding.
History
Code 1933, § 56-612, enacted by Ga. L. 1960, p. 289, § 1.
Annotations
JUDICIAL DECISIONS Cited in Cheshire Bridge Enters., Inc. v. Lexington Ins. Co., 183 Ga. App. 672, 359 S.E.2d 702 (1987).
CHAPTER 6 UNFAIR TRADE PRACTICES Article 1
Sec.
General Provisions Sec.
Purpose of article. ‘‘Person’’ defined. Unfair methods of competition or unfair and deceptive acts or practices prohibited. Enumeration of unfair methods of competition and unfair or deceptive acts or practices; penalty. Other unfair methods of competition and unfair and deceptive acts or practices. Power of Commissioner as to investigation of unfair or deceptive acts or practices generally. Conduct of hearings by Commissioner; rights of person being investigated; powers of Commissioner; service of process. Issuance of cease and desist orders; issuance of orders providing for other relief; change in orders; date on which orders appealable. Penalties for violations of cease and desist orders.
Cross references. - Deceptive trade practices generally, § 10-1-370 et seq.
Administrative rules and regulations. - Unfair trade and claims settlement practices, Official Compilation of the
Orders of Commissioner and judicial review. Intervenor appeal for judicial review. Promulgation of rules and regulations by Commissioner. Unlawful contracts, understandings, and combinations; powers of Commissioner as to enforcement of Code section. Construction of article. Article 2
Unfair Claims Settlement Practices
Short title. Purpose. Definitions. When claims settlement practice improper. (For effective date, see note.) Unfair claims settlement practices. Notice of hearing; hearing procedures; cease and desist orders; penalties; judicial review; intervenors. Rules and regulations. Private cause of action not created or implied.
Rules and Regulations of the State of Georgia, Rules of Comptroller General, Commissioner of Insurance, Chapter
JUDICIAL DECISIONS Cited in Hubbard v. Stewart, 651 F. Supp. 294 (M.D. Ga. 1987). RESEARCH REFERENCES Am. Jur. 2d. - 43 Am. Jur. 2d, Insurance, § 19 et seq.
C.J.S. - 44 C.J.S., Insurance, § 75 et seq.
ALR. - Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7. Provisions of insurance company’s contract with independent insurance agent restricting competitive placements by
agent as illegal restraint of trade under state law, 42 A.L.R.4th 1072. Constitutional right to jury trial in cause of action under state unfair or deceptive trade practices law, 54 A.L.R.5th 631.
ARTICLE 1 GENERAL PROVISIONS Editor’s notes. - Ga. L. 1992, p. 3048, § 9, effective July 1, 1992, designated
Code Sections 33-6-1 through 33-6-14 as Article 1.