Risk Situs; Service on Nonresidents; Venue of Action

  1. Law
  2. Georgia Code
  3. Insurance
  4. Licensing
  5. Agents, Agencies, Subagents, Counselors, and Adjusters
  6. Risk Situs; Service on Nonresidents; Venue of Action

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  1. A risk shall be deemed to have a situs in this state if the insurance is upon or in regard to property having a permanent situs in this state or movable property which is actually in this state or is principally used or kept in this state or on persons resident in this state.
  2. Each nonresident by obtaining a license in this state or by doing business in this state shall be deemed to have consented that any notice provided in this chapter and any summons, notice, or process in connection with any action or proceeding in any state or federal court in this state, which notice, summons, or process grows out of or is based upon any business or acts done or omitted to be done in this state, may be sufficiently served upon such nonresident by serving the same upon the Commissioner. Service shall be made by leaving with the office of the Commissioner a copy of the notice, summons, or process with a fee. The fee for such service shall be as provided by law. Such service shall be sufficient service upon the nonresident, provided that notice of the service and a copy of the notice, summons, or process shall be immediately sent by registered or certified mail or statutory overnight delivery by the plaintiff or by the Commissioner to the residence of the nonresident addressed to the nonresident. The nonresident's return receipt and the affidavit of compliance with the notice, summons, or process made by the plaintiff or the plaintiff's attorney or by the Commissioner shall be appended to the notice, summons, or process and filed with the case in the court where it is pending or filed with the Commissioner if in regard to a proceeding provided under this chapter. Venue of such an action shall be in the county of the residence of a plaintiff in the action, if the plaintiff resides in this state; otherwise venue shall be in Fulton County. The place of residence of a licensed nonresident placed on file by him or her with the Commissioner shall be deemed to be his or her place of residence until the nonresident places on file with the Commissioner a written notice stating another place of residence.As used in this subsection, the term "process" shall include a petition or complaint attached thereto.

(Code 1981, §33-23-31, enacted by Ga. L. 1992, p. 2830, § 1; Ga. L. 1996, p. 705, § 12; Ga. L. 1998, p. 1091, § 2; Ga. L. 1999, p. 878, § 8; Ga. L. 2000, p. 1589, § 3; Ga. L. 2001, p. 925, § 1; Ga. L. 2019, p. 386, § 13/SB 133.)

The 2019 amendment, effective July 1, 2019, in subsection (b), in the second sentence, inserted "with the office of the Commissioner" in the middle, and deleted "in the hands of the Commissioner" at the end, and inserted "or complaint" in the last sentence.

Editor's notes.

- Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that the amendment to this Code section is applicable with respect to notices delivered on or after July 1, 2000.

Law reviews.

- For note discussing problems with venue in Georgia, and proposing statutory revisions to improve the resolution of venue questions, see 9 Ga. St. B.J. 254 (1972).

RESEARCH REFERENCES

ALR.

- Right of insurer to challenge agent's classification of risk, 28 A.L.R. 99.


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