Title 33, Chapter 5, Section 57
( 33-5-57)
(a) Before any unauthorized insurer shall file or cause to be filed
any pleadings in any action or proceeding instituted against it,
such unauthorized insurer shall either: (1) Deposit with the clerk of the court in which such action or
proceeding is pending cash or securities or file with the clerk a
bond with good and sufficient sureties, to be approved by the
court, in an amount to be fixed by the court sufficient to secure
the payment of any final judgment which may be rendered in the
action; provided, however, the court may in its discretion make an
order dispensing with the deposit or bond where the insurer makes
a showing satisfactory to the court that it maintains in a state
of the United States funds or securities, in trust or otherwise,
sufficient and available to satisfy any final judgment which may
be entered in the action or proceeding; or (2) Procure a certificate of authority to transact the business of
insurance in this state. (b) The court in any action or proceeding in which service is made in the manner provided in Code Section 33-5-53 or 33-5-54, in its discretion, may order any postponement as may be necessary to afford the defendant reasonable opportunity to comply with subsection (a) of this Code section and to defend the action. (c) Nothing in subsection (a) of this Code section is to be construed to prevent an unauthorized insurer from filing a motion to quash a writ or to set aside service of such writ made in the manner provided in Code Section 33-5-53 or 33-5-54 on one or more of the following grounds: (1) That such unauthorized insurer has not done any of the acts enumerated in Code Section 33-5-52; (2) That the person on whom service was made pursuant to Code Section 33-5-54 was not doing any of the acts therein enumerated; or (3) That it is otherwise not properly subject to the jurisdiction
of court pursuant to this article. |