Title 33, Chapter 23, Section 31
( 33-23-31)
(a) 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. (b) Each nonresident agent 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
agent by serving the same upon the Commissioner. Service shall be
made by leaving a copy of the notice, summons, or process with a fee
in the hands of the Commissioner. The fee for such service shall be
as provided by law. Such service shall be sufficient service upon
the nonresident agent, 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
agent addressed to the agent. The nonresident agent'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 agent placed on file by him or
her with the Commissioner shall be deemed to be his or her place of
residence until the agent 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 attached
thereto. |