Designation by Insurer of Person to Acknowledge or Accept Service of Process; Manner of Service of Process; Effect of Judgment Based Upon Process Served in Manner Prescribed

  1. Law
  2. Georgia Code
  3. Insurance
  4. Reciprocal Insurers
  5. Designation by Insurer of Person to Acknowledge or Accept Service of Process; Manner of Service of Process; Effect of Judgment Based Upon Process Served in Manner Prescribed

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  1. Every reciprocal insurer authorized to transact business in this state shall file with the Commissioner a written statement or power of attorney duly signed and sealed appointing and authorizing some person, who shall be a resident of this state, to acknowledge or accept service of process for and in behalf of such reciprocal insurer, and upon whom all process may be served against said reciprocal insurer, in all proceedings that may be instituted against the reciprocal insurer in any of the courts of this state or of the United States, and consenting that service of process upon any agent or attorney appointed under this Code section shall be as valid as if served on the reciprocal insurer.
  2. Legal process shall be served upon the reciprocal insurer by serving the insurer's attorney at his or her principal office in this state or by serving the Commissioner as the insurer's agent.
  3. Any judgment based upon legal process served in the manner prescribed in subsection (b) of this Code section shall be binding upon each of the insurer's subscribers as their respective interests may appear but in an amount not exceeding their respective contingent liabilities, if any, as though personal service of process was had upon each subscriber.

(Code 1933, § 56-2115, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2019, p. 337, § 1-82/SB 132.)

The 2019 amendment, effective July 1, 2019, inserted "or her" in subsection (b).

Cross references.

- Service of process generally, § 9-11-4.

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, § 77.

C.J.S.

- 44 C.J.S., Insurance, § 146. 46A C.J.S., Insurance, § 2163 et seq.


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