§ 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.
§ 33-5-32. Penalty for Failure to File Quarterly Affidavit or Remit Tax Within Time Prescribed by Law; Collection and Disposition of Penalty
If any surplus line broker fails to file his or her quarterly affidavit or fails to remit the tax as provided by law within 30 days after the tax is due, he or she shall be liable for a penalty of either $25.00 for each day of delinquency commencing after the expiration of the 30 […]
§ 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 […]
§ 33-5-33. Filing of Report by Persons Procuring Insurance With Unauthorized Insurers; Levy, Collection, and Disposition of Tax by Persons Procuring Such Insurance
Every insured who in this state procures or causes to be procured or continues or renews insurance with an unauthorized insurer upon a subject of insurance resident, located, or to be performed both within and outside this state, other than insurance procured through a surplus line broker pursuant to this article or exempted from this […]
§ 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 […]
§ 33-5-34. Venue of Actions Against Unauthorized Insurers Issuing Surplus Line Policies; Service of Process; Filing of Pleading by Insurer
An action shall be brought against any unauthorized insurer under any contract issued by it as a surplus line contract pursuant to this chapter in the superior court of the county in which the cause of action arose. Every unauthorized insurer issuing or delivering a surplus line policy through a surplus line broker in this […]