O.C.G.A.

O.C.G.A. § 40-9-103 (2019)

Cooperation by insured with insurer in connection with defense of action or threatened action under policy

✓ 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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(a) No motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains provisions or has an endorsement thereto which specifically requires the insured to send his insurer, as soon as practicable after the receipt thereof, a copy of every summons or other process relating to the coverage under the policy and to cooperate otherwise with the insurer in connection with the defense of any action or threatened action covered under the policy. (b)(1) Noncompliance by the insured with this required provision or endorsement shall constitute a breach of the insurance contract which, if prejudicial to the insurer, shall relieve the insurer of its obligation to defend its insureds under the policy and of any liability to pay any judgment or other sum on behalf of its insureds. (2) In the event the insurer denies coverage and it is determined by declaratory judgment or other civil process that there is in fact coverage, the insurer shall be liable to the insured for legal costs and attorney’s fees as may be awarded by the court. (c) Subsections (a) and (b) of this Code section shall not operate to deny coverage for failure to send a copy of a summons or other process relating to policy coverage if such documents are sent by a third party to the insurer or to the insurer’s agent by certified mail or statutory overnight delivery within ten days of the filing of such documents with the clerk of the court. If the name of the insurer or the insurer’s agent is unknown, the third party shall have a period of 30 days from the date

40-9-103 REPORTING ACCIDENTS; PROOF OF FINANCIAL RESP. 40-9-103 the insurer or agent becomes known in which to send these required documents. Such documents must be sent to the insurer or agent at least 30 days prior to the entry of any judgment against the insured.

History

(Code 1933, § 68C-608, enacted by Ga. L. 1982, p. 1624, § 2; Code 1981, § 40-9-103, enacted by Ga. L. 1982, p. 1624, § 4; Ga. L. 1984, p. 22, § 40; Ga. L. 1989, p. 14, § 40; Ga. L. 2000, p. 1589, § 3.)

Annotations

JUDICIAL DECISIONS Additional insured’s duty to cooperate. - O.C.G.A. § 40-9-103 protects the insurer from prejudicial actions of an additional insured because once the additional insured is covered by a policy, the contractual restrictions are as binding as the restrictions would be for any other

third-party beneficiary. Cotton States Mut. Ins. Co. v. Starnes, 260 Ga. 235, 392 S.E.2d 3 (1990). Cited in Georgia Mut. Ins. Co. v. Rollins, Inc., 209 Ga. App. 744, 434 S.E.2d 581 (1993).

RESEARCH REFERENCES Am. Jur. 2d. - 7A Am. Jur. 2d, Automobile Insurance, § 366 et seq.

CHAPTER 10 GOVERNOR’S OFFICE OF HIGHWAY SAFETY Sec.

Short title. Declaration of policy; general authority of Governor. Definitions. Creation of Office of Highway Safety. Duties of director. Office space; staff, supplies, and materials.

Cross references. - Duties of law enforcement and school officials relating to traffic safety in vicinity of schools, § 20-2-1130. Administrative rules and regula-

Sec.

Specific authority and duties of Governor.

Notes of Decisions

Cited in 4 cases, 1990–2003 · leading case: Cotton States Mut. Ins. v. Starnes, 392 S.E.2d 3 (Ga. 1990).

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Cotton States Mut. Ins. v. Starnes, 392 S.E.2d 3 (Ga. 1990). · cites it 2× “OCGA § 40-9-103 sets forth that the contract of insurance must contain some provision requiring the insured to provide certain notice and to cooperate in the defense.”

Canal Indem. Co. v. Greene, 593 S.E.2d 41 (Ga. Ct. App. 2003). · cites it 2× “4 OCGA § 40-9-103 (a) contains an identical requirement.”

Hardeman v. Roberts, 448 S.E.2d 254 (Ga. Ct. App. 1994). · cites it 2× “The defendant was personally served on July 2, 1992, and the defendant’s insurance carrier, Safeway Insurance Company, was given notice of the action by certified mail, return receipt requested as provided by OCGA § 40-9-103 (c). The defendant failed to file any responsive…”

Georgia Mut. Ins. v. Rollins, Inc., 434 S.E.2d 581 (Ga. Ct. App. 1993). · cites it 2× “The policy provides that “[i]f a claim is made or suit is brought against the insured, the insured shall immediately forward to the company every demand, notice, summons or other process received by him or his representative.”

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.