Bishopsgate Insurance v. Cactus Club, Inc.

Carley, Judge.

The issue presented for resolution in the instant case is whether the appellant-defendant, an insurer not authorized to transact business in Georgia, is nonetheless subject to the jurisdiction of the courts of this state. This issue arose in the following manner: Appellee-plaintiff insured, a Georgia resident, filed the instant action, invoking the provisions of the “Unauthorized Insurers Process Act,” which is codified at OCGA § 33-5-50 et seq. Accordingly, service was made upon the Insurance Commissioner pursuant to OCGA § 33-5-53 (a). The Insurance Commissioner then sent a…