O.C.G.A. § 34-9-123 (2019)
Policy provisions regarding effect of notice or knowledge by insured employer as to occurrence of injury
All policies insuring the payment of compensation under this chapter, including all contracts of mutual, reciprocal, or interinsurance must contain a clause to the effect that, as between the employer and the insurer or insurers, the notice to or knowledge of the occurrence of the injury on the part of the insured employer shall be deemed notice or knowledge, as the case may be, on the part of the insurer or insurers;
that jurisdiction of the insured, for the purposes of this chapter, shall be jurisdiction of the insurer or insurers; and that the insurer or insurers shall in all things be bound by and subject to awards, judgments, or decrees rendered against such insured employer.
History
(Ga. L. 1920, p. 167, § 70; Ga. L. 1933, p. 182, § 1; Code 1933, § 114-606.)
Annotations
JUDICIAL DECISIONS Proceeding under the workers’ compensation law (see now O.C.G.A. § 34-9-1 et seq.) is a proceeding against the employer, and the insurance carrier’s only obligation is to pay any award of compensation rendered against the employer. Patterson v. Curtis Publishing Co., 58 Ga. App. 211, 198 S.E. 102 (1938).
Cited in Southern Ry. v. Overnite Transp. Co., 225 Ga. 291, 168 S.E.2d 166 (1969); Employers Mut. Liab. Ins. Co. v. Miller, 131 Ga. App. 681, 206 S.E.2d 574 (1974); George v. Ashland-Warren, Inc., 254 Ga. 95, 326 S.E.2d 744 (1985).
RESEARCH REFERENCES Am. Jur. 2d. - 82 Am. Jur. 2d, Workers’ Compensation, § 500 et seq. C.J.S. - 100 C.J.S., Workers’ Compensation, § 971. ALR. - Right of insurer under Workmen’s Compensation Act to recover from employer, who has breached warranty, the
amount it has been obliged to pay employee, 22 ALR 1481. Insurance carrier’s liability for part of employer’s liability attributable to violation of law or other misconduct on his part, 1 ALR2d 407.