§ 33-5-51. Purpose of Article
The purpose of this article is to subject certain insurers to the jurisdiction of the courts of this state in actions by or on behalf of insureds or beneficiaries under insurance contracts. The General Assembly declares that it is a subject of concern that many residents of this state hold policies of insurance issued or […]
§ 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: The issuance or delivery of contracts of insurance to residents of this state or to corporations authorized to do business in this state; The solicitation of applications for said contracts; The collection of premiums, membership […]
§ 33-5-53. Service of Action and Process Upon Commissioner; Sending of Notice of Service to Defendant; Applicability
Service shall be made by delivery to and leaving with the Commissioner or some person in apparent charge of his office two copies of the action and process. At the time of such service, the plaintiff shall pay the Commissioner the sum of $15.00, which shall be taxable as cost. The Commissioner shall immediately mail […]
§ 33-5-54. Service of Process Upon Solicitor, Collector, or Other Agent of Insurer
Service of process in any action or proceeding shall be valid if served upon any person within this state who, in this state on behalf of the insurer, is: Soliciting insurance; Making, issuing, or delivering any contract of insurance; or Collecting or receiving any premium, membership fee, assessment, or other consideration for insurance and a […]
§ 33-5-55. Mode of Service Prescribed by Article Cumulative
Nothing in this article shall limit or abridge the right to serve any process, notice, or demand upon any insurer in any other manner now or hereafter permitted by law. History. Code 1933, § 56-609, enacted by Ga. L. 1960, p. 289, § 1. Cross references. Service of process generally, § 9-11-4 .
§ 33-5-56. Right of Plaintiff or Complainant to Default Judgment or Judgment With Leave to Prove Damages
No plaintiff or complainant shall be entitled to a judgment by default or to a judgment with leave to prove damages under this Code section until the expiration of 30 days from date of the filing of the affidavit of compliance. History. Code 1933, § 56-608, enacted by Ga. L. 1960, p. 289, § 1.
§ 33-5-57. Conditions Precedent to Filing of Pleadings by Insurer Generally; Granting of Postponements; Filing by Insurer of Motion to Quash Writ or Set Aside Service
Before any unauthorized insurer shall file or cause to be filed any pleadings in any action or proceeding instituted against it, such unauthorized insurer shall either: Deposit with the clerk of the court in which such action or proceeding is pending cash or securities or file with the clerk a bond with good and sufficient […]
§ 33-5-58. Recovery of Penalty and Attorney’s Fees by Plaintiff; Effect of Failure of Insurer to Defend Action
In any action against an unauthorized foreign or alien insurer upon a contract of insurance issued or delivered in this state or to a resident of this state or to a corporation authorized to do business in this state, if the insurer has failed for 30 days after demand prior to the commencement of the […]
§ 33-5-59. Applicability of Article
This article shall not apply to any action or proceeding against any unauthorized insurer arising out of any contract of: Reinsurance effectuated in accordance with the laws of Georgia; Surplus line insurance authorized by this chapter; Insurance on property or operations of carriers engaged in interstate commerce; Insurance against legal liability arising out of the […]
§ 33-5-50. Short Title; Construction
This article constitutes and may be cited as the “Unauthorized Insurers Process Act.” This article shall be so interpreted as to effectuate its general purpose to make uniform the law of those states which enact it. History. Code 1933, § 56-603, enacted by Ga. L. 1960, p. 289, § 1.