reglab/housing_qa huggingface dataset:
GA Code § 33-3-29 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 3 - Authorization and General Requirements for Transaction of Insurance|§ 33-3-29. Licensing of Foreign State Insurers as Domestic Insurers

  Any insurer which is organized under the laws of any other state and is admitted to do business in this state for the purpose of writing insurance may become a domestic insurer by complying with all of the requirements of this title relative to the organization and licensing of a domestic insurer of the same type and by designating its principal place of business at a location in this state. Upon satisfaction of such requirements, the insurer shall be issued a certificate of authority and license to transact business in this state and shall be subject to the authority and jurisdiction of this state as a domestic insurer. The redomesticated insurer may choose to retain its original date of incorporation in lieu of its date of redomestication, provided that the retention of an earlier incorporation date shall not affect the operation or application of other laws.   Any domestic insurer may, upon the approval of the Commissioner, transfer its domicile to any other state in which it is admitted to transact the business of insurance and, upon such a transfer, shall cease to be a domestic insurer and shall be admitted to this state if qualified as a foreign insurer. The Commissioner shall approve any such proposed transfer unless the Commissioner determines such transfer is not in the best interest of the policyholders of this state.   The certificate of authority, agent appointments and licenses, rates, and other items which the Commissioner allows, in his discretion, and which are in existence at the time any insurer licensed to transact the business of insurance in this state transfers its corporate domicile to this or any other state by merger, consolidation, or any other lawful method shall continue in full force and effect upon such transfer if such insurer remains duly authorized to transact the business of insurance in this state. All outstanding policies of any transferring insurer shall remain in full force and effect and need not be endorsed as to the new name of the company or its new location unless so ordered by the Commissioner. Every transferring insurer shall file new policy forms with the Commissioner on or before the effective date of the transfer but may use existing policy forms with appropriate endorsements if allowed by, and under such conditions as approved by, the Commissioner. Every such transferring insurer shall notify the Commissioner of the details of the proposed transfer and shall file promptly any forms, documents, or amendments to forms or documents with the Commissioner. The Commissioner may promulgate rules and regulations necessary to carry out the purposes of this Code section.     (Code 1981, §33-3-29, enacted by Ga. L. 1989, p. 1127, § 1.)   Code Commission notes.   - This Code section was enacted as § 33-3-28, but has been renumbered as § 33-3-29, pursuant to Code Section28-9-5, since Ga. L. 1989, p. 676, § 1, also enacted a § 33-3-28.
GA Code § 33-3-30 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 3 - Authorization and General Requirements for Transaction of Insurance|§ 33-3-30. Principal United States Place of Business of Alien Insurer Entering Through This State

  Each alien insurer which enters through this state to transact insurance in the United States through a United States branch shall establish and maintain in this state such insurer's principal place of business in the United States, and shall keep in such principal place of business complete records of the assets, transactions, and affairs in accordance with the methods and systems which are customary or suitable as to the kind or kinds of insurance transacted in the United States.   Concealment from the Commissioner or removal from this state of any material part of the records required to be kept in this state under subsection (a) of this Code section, except for any reasonable purposes and periods of time as may be approved by the Commissioner in writing in advance of such removal, is prohibited. The certificate of authority to do business of any alien insurer which removes or attempts to remove any material part of such records from the principal place of business of the insurer in this state with the intent to remove the same from this state or conceals or attempts to conceal the same from the Commissioner in violation of this subsection shall be revoked. Upon any removal or attempted removal of such records or upon retention of such records or material part of such records outside this state beyond the period specified in the Commissioner's consent under which such records were permitted to be removed or upon concealment of or attempts to conceal such records in violation of this subsection, the Commissioner may institute proceedings against the insurer pursuant to Chapter 37 of this title.   This Code section shall not be deemed to prohibit or prevent an alien insurer from establishing and maintaining branch offices or regional home offices in other states where necessary or convenient to the transaction of its business and keeping therein the detailed records customary and necessary for the servicing of the insurance in force in the jurisdiction served by such an office as long as such records are made readily available at such office for examination by the Commissioner at his request.     (Code 1981, §33-3-30, enacted by Ga. L. 1999, p. 584, § 4.)
GA Code § 33-4-1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 4 - Actions Against Insurance Companies|§ 33-4-1. Venue of Actions

 Except for actions arising against unauthorized insurers or under surplus line contracts which are provided for in Chapter 5 of this title, whenever any person shall have a claim or demand on any insurer, such person may bring an action in any of the following places:    In the county where the principal office of the company is located;   In any county where the company shall have an agent or place of doing business;   In any county where such agent or place of doing business was located at the time the cause of action accrued or the contract was made out of which such cause of action arose; or   In any county where the property covered by an insurance contract upon which an action is brought is located or where the person entitled to the proceeds of an insurance contract upon which action is brought maintains his legal residence. For the purpose of this paragraph, personal property shall be deemed to be located in the county of the legal residence of the owner of such personal property, and, for the purpose of bringing an action under this paragraph, a company which has written a contract of insurance upon persons or property located in a particular county or which has become surety for the performance of an obligation in a particular county shall be deemed to be transacting business in such county and shall be deemed to be a legal resident of such county; provided, further, that any action on the bond of a sheriff or other arresting or law enforcement officer or superior court clerk or deputy clerk or clerk or deputy of any court of record, upon which any guaranty or surety company or fidelity insurance company is bound and obligated as surety, shall be instituted in the county of the residence of the officer and not in any other county; and the county of the residence of the officer is hereby fixed as the venue of any action on such bond; and the officer may be made a party defendant or may by intervention become a party defendant.    (Ga. L. 1861, p. 58, § 1; Code 1868, § 3331; Code 1873, § 3408; Ga. L. 1878-79, p. 54, § 1; Code 1882, § 3408; Civil Code 1895, § 2145; Ga. L. 1902, p. 53, § 1; Civil Code 1910, § 2563; Code 1933, § 56-601; Code 1933, § 56-1201, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1969, p. 740, § 1.)   Cross references.   - Venue generally, Ga. Const. 1983, Art. VI, Sec. II and § 9-10-30 et seq.   Law reviews.   - For article surveying developments in Georgia insurance law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 143 (1981). For annual survey article discussing trial practice and procedure, see 51 Mercer L. Rev. 487 (1999). For survey article on real property law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 397 (2003). 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).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Application
GA Code § 33-4-2 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 4 - Actions Against Insurance Companies|§ 33-4-2. Domestic Insurers, Service of Process

 Service of process against a domestic insurer may be made upon the insurer corporation in the manner provided by laws applying to corporations generally or upon the insurer's attorney in fact if a reciprocal insurer or a Lloyd's association.   (Code 1933, § 56-1202, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1982, p. 3, § 33.)   Cross references.   - Service of process generally, § 9-11-4.   JUDICIAL DECISIONS    Cited in Thaxton v. Georgia Insurer's Insolvency Pool, 158 Ga. App. 407, 280 S.E.2d 421 (1981); Kirkpatrick v. Mackey, 162 Ga. App. 876, 293 S.E.2d 461 (1982).   RESEARCH REFERENCES   ALR.   - Validity of substituted service of process upon liability insurer of unavailable tortfeasor, 17 A.L.R.4th 918.
GA Code § 33-4-5 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 4 - Actions Against Insurance Companies|§ 33-4-5. Service of Process Upon Chief Executive Officer by Alien or Foreign Insurers

 In actions upon any certificate or policy issued by a nonresident religious or mutual aid society, cooperative, or assessment life insurance company or society, service upon the chief executive officer, or the person acting officially for or as the chief executive officer of a local lodge, shall be sufficient service upon the society or company. In carrying out the purpose of this Code section, officers of local lodges are deemed to be agents of the nonresident societies or companies and the local lodges are deemed to be agencies of said companies or societies.   (Ga. L. 1861, p. 58, § 2; Code 1868, § 3332; Code 1873, § 3409; Code 1882, § 3409; Ga. L. 1890-91, p. 75, § 1; Civil Code 1895, § 2146; Civil Code 1910, § 2564; Code 1933, § 56-604; Code 1933, § 56-1205, enacted by Ga. L. 1960, p. 289, § 1.)
GA Code § 33-7-1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 7 - Kinds of Insurance; Limits of Risks; Reinsurance|§ 33-7-1. Definitions of Insurance Not Deemed Mutually Exclusive

 It is intended that certain coverages may come within the definitions of two or more kinds of insurance as set forth in this chapter, and the fact that the coverage is included within one definition shall not exclude the coverage as to any other kind of insurance within the definition of which the coverage likewise reasonably is includable.   (Code 1933, § 56-401, enacted by Ga. L. 1960, p. 289, § 1.)
GA Code § 33-7-8 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 7 - Kinds of Insurance; Limits of Risks; Reinsurance|§ 33-7-8. Title Insurance

 Title insurance is insurance of owners of real or personal property or others having an interest in such real or personal property, or liens or encumbrances on such real or personal property, against loss by encumbrance, defective titles, invalidity, adverse claim to title, or unmarketability of title by reason of encumbrance or defects not excepted in the insurance contract, which contract shall be written only upon evidence or opinion of title obtained and preserved by the insurer.   (Code 1933, § 56-410, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2019, p. 901, § 1/SB 202.)    The 2019 amendment,  effective July 1, 2019, inserted "or personal" in three places in this Code section.   Cross references.   - Effect on title insurance companies of laws relating to regulation of practice of law, §§ 15-19-52,15-19-53.   Recordation and registration of deeds and other instruments, T. 44, C. 2.   JUDICIAL DECISIONS   Defects of survey as covered by title insurance.    - Defects of survey such as shortage of area may be sufficiently related to the standard notions of title defect or encumbrance so as to be a risk allowed coverage by title insurance. U.S. Life Title Ins. Co. v. Hutsell, 164 Ga. App. 443, 296 S.E.2d 760 (1982).    Cited in White v. Lawyers Title Ins. Corp., 197 Ga. App. 780, 399 S.E.2d 526 (1990).   OPINIONS OF THE ATTORNEY GENERAL   Mobile homes as real property.   - Mobile homes deemed by parties to sales transaction to be a part of real property upon which they are located may be the subjects of title insurance. 1982 Op. Att'y Gen. No. 82-52.   RESEARCH REFERENCES   Am. Jur. 2d.   - 44 Am. Jur. 2d, Insurance, § 518.   Proof of Title Insurance Claims, 38 POF3d 389.   C.J.S.   - 46 C.J.S., Insurance, § 1742 et seq.   ALR.   - Measure, extent, or amount of recovery on policy of title insurance, 60 A.L.R.2d 972, 19 A.L.R.5th 786.   Title insurance: exclusion of liability for defects, liens, or encumbrances created, suffered, assumed, or agreed to by the insured, 87 A.L.R.3d 515.   What constitutes a charge, encumbrance, or lien within contemplation of title insurance policy, 87 A.L.R.3d 764.   Construction of clause in title insurance policy excepting defects resulting from the rights of parties in possession, 94 A.L.R.3d 1188.   Defect in, or condition of, adjacent land or way as within coverage of title insurance policy, 8 A.L.R.4th 1246.   Defects affecting marketability of title within meaning of title insurance policy, 18 A.L.R.4th 1311.   Title insurer's negligent failure to discover and disclose defect as basis for liability in tort, 19 A.L.R.5th 786.   Handling Title Insurance Claims, 15 Am. Jur. Trials 467.
GA Code § 33-7-8.1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 7 - Kinds of Insurance; Limits of Risks; Reinsurance|§ 33-7-8.1. Closing Protection Letters; Definitions; Premiums Regarding Such Letters; Maintenance of Adequate Reserves; Rules and Regulations

  As used in this Code section, the term:   "Closing protection letter" means insurance that indemnifies a buyer, lender, or seller in transactions where title to real estate is being conveyed solely against losses not to exceed the amount of the settlement funds only because of the following acts of the person responsible for the disbursement of settlement funds:   Acts of fraud, theft, dishonesty, or negligence in handling settlement funds or documents in connection with a closing, but only to the extent that the acts affect status or priority of title in the real estate insured by the title insurance; and   Failure to comply with written closing instructions by a proposed insured when agreed to by the title agency or title agent relating to title insurance coverage, but only to the extent that the acts affect status or priority of title in real estate insured by the title insurance.     "Settlement funds" means the total funds paid by the buyer, lender, or seller as consideration for the conveyance of real estate.     A title insurer may issue closing protection letters only for real estate transactions where its title insurance policies are issued and where its issuing agent or agency is also responsible for the disbursement of settlement funds.   The premium charged by the title insurer for closing protection letters shall be filed with and approved by the Commissioner in accordance with Chapter 9 of this title and shall not be subject to any agreement requiring a division of the premium collected on behalf of the title insurer.   Companies issuing closing protection letters shall maintain adequate reserves for those closing protection letters pursuant to Chapter 10 of this title.   The Commissioner shall promulgate rules and regulations necessary to implement this Code section, which shall include, but shall not be limited to, prescribing standard closing protection letter policy forms.     (Code 1981, §33-7-8.1, enacted by Ga. L. 2012, p. 1077, § 2/SB 331; Ga. L. 2019, p. 337, § 1-37/SB 132.)    The 2019 amendment,  effective July 1, 2019, deleted "be authorized to" preceding "promulgate rules" in subsection (e).   RESEARCH REFERENCES   Am. Jur. 2d.   - 43 Am. Jur. 2d, Insurance, § 518 et seq.
GA Code § 33-7-10 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 7 - Kinds of Insurance; Limits of Risks; Reinsurance|§ 33-7-10. Persons Deemed Subject to Laws Regulating Life Insurance Companies

 Every person writing or issuing contracts of life insurance as described in Code Section 33-7-4 or as defined in Code Section 33-25-1 shall be deemed to be engaged in the business of life insurance and shall be subject to all of the provisions of the laws of Georgia regulating life insurance companies.   (Code 1933, § 56-403, enacted by Ga. L. 1960, p. 289, § 1.)
GA Code § 33-7-11.1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 7 - Kinds of Insurance; Limits of Risks; Reinsurance|§ 33-7-11.1. Commencement of Liability of Insurer to Pay Benefits to Third Party on Behalf of Insured; Applicability of Code Section

  As used in this Code section, the term "liability insurance policy" means an automobile liability or motor vehicle liability insurance policy issued or delivered in this state to the owner of such vehicle or issued or delivered by any insurer licensed in this state upon any such motor vehicle then principally garaged or principally used in this state.   Any insurer, upon acceptance of liability, pursuant to any automobile liability or motor vehicle liability insurance policy, shall pay reasonable benefits for losses, including total losses, to a third party on behalf of an insured for loss of use and towing and storage costs of such a motor vehicle, and the liability of the insurer for payment of benefits for losses, including total losses, to the third party shall commence as of the time of the incident or occurrence which results in such losses; provided, however, in no event shall this Code section be construed so as to relieve the claimant of his or her obligation to mitigate his or her losses or to require the payment of loss of use and towing and storage costs benefits in an amount which is greater than the actual losses suffered.   When making any payment to a third party for damage to an automobile for any loss, the insurer shall have printed on the loss estimate, if prepared directly by the insurer, the following:  "Failure to use the insurance proceeds in accordance with a security agreement between you and a lienholder, if any, may be a violation of Code Section 16-8-4 of the O.C.G.A. If you have any questions, contact your lending institution."   This subsection does not apply if the insurer does not prepare the loss estimate or if the estimate is not prepared in the State of Georgia.    The provisions of this Code section shall be applicable to all automobile liability or motor vehicle liability insurance policies that pay benefits to a third party on behalf of an insured for the loss of use and towing and storage costs of such motor vehicle issued, delivered, or renewed in this state on or after January 1, 2009.     (Code 1933, § 56-407B, enacted by Ga. L. 1982, p. 802, § 1; Code 1981, §33-7-11.1, enacted by Ga. L. 1982, p. 802, § 2; Ga. L. 2002, p. 1192, § 1; Ga. L. 2003, p. 140, § 33; Ga. L. 2008, p. 828, § 1/HB 673.)
GA Code § 33-7-13 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 7 - Kinds of Insurance; Limits of Risks; Reinsurance|§ 33-7-13. Limitation of Risks

  A "subject of insurance," for the purposes of this Code section, as to insurance against fire and hazards other than catastrophic hazards includes all properties insured by the same insurer which are customarily considered by underwriters to be subject to loss or damage from the same fire or other such hazard insured against.   "Surplus to policyholders," for the purpose of this Code section shall be deemed to include any voluntary reserves which are not required pursuant to law and shall be determined from the last sworn statement of the insurer on file with the Commissioner or by the last report of examination by the Commissioner, whichever is the more recent at the time of assumption of such risk.   No insurer shall retain any risk on any one subject of insurance, whether located or to be performed in Georgia or elsewhere, in an amount exceeding 10 percent of its surplus to policyholders.   Reinsurance authorized by Code Section 33-7-14 shall be deducted in determining risk retained. As to surety risks, deduction shall also be made of the amount assumed by any established incorporated cosurety and the value of any security deposited, pledged, or held subject to the surety's consent and for the surety's protection.   As to alien insurers, this Code section shall relate only to risks and surplus to policyholders of the insurer's United States branch.   This Code section shall not apply to life insurance, accident and sickness insurance, annuities, title insurance, insurance of ocean marine risks or marine protection and indemnity risks, workers' compensation insurance, employers' liability coverages, nor to any policy or type of coverage as to which the maximum possible loss to the insurer is not readily ascertainable on issuance of the policy.    (Code 1933, § 56-412, enacted by Ga. L. 1960, p. 289, § 1.)
GA Code § 33-8-2 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 8 - Fees and Taxes|§ 33-8-2. Fees and Taxes Imposed Upon Representatives of Insurers of Other States

 The same fees or taxes imposed upon Georgia agents, brokers, adjusters, or any other representatives of insurers, as listed in this chapter, for the privilege of doing business in another state shall be imposed upon agents, brokers, adjusters, or any other representatives of insurers of such other state doing business in this state, in accordance with Code Section 33-3-26.   (Code 1933, § 56-1302, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1983, p. 3, § 24.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 43 Am. Jur. 2d, Insurance, § 51.   C.J.S.   - 44 C.J.S., Insurance, § 141 et seq.   ALR.   - Construction, application, and operation of state "retaliatory" statutes imposing special taxes or fees on foreign insurers doing business within the state, 30 A.L.R.4th 873.
GA Code § 33-8-3 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 8 - Fees and Taxes|§ 33-8-3. License Fees of Insurance Companies Generally

  Each and every insurance company, domestic, foreign, or alien, carrying on an insurance business in Georgia shall pay to the Commissioner, annually in advance, on or before July 1, a license fee in an amount as provided in Code Section 33-8-1, which payment shall be in lieu of all other license fees of said companies.Foreign companies entering the state and domestic companies beginning business at any time during the license year as fixed by this Code section shall pay said license fee in full for the remaining portion of that license year.   The license fees provided for in Code Section 33-8-1 are expressly imposed on and shall be the obligation of the licensees.    (Code 1933, § 56-1309, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 1983, p. 729, § 2; Ga. L. 1984, p. 22, § 33; Ga. L. 1985, p. 1399, § 5; Ga. L. 1992, p. 2725, § 12.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 43 Am. Jur. 2d, Insurance, §§ 30, 43.   C.J.S.   - 44 C.J.S., Insurance, § 77 et seq.   ALR.    - What organizations are within provisions of tax statutes relating to insurance companies, 146 A.L.R. 454.