Articles Tagged with Procedural Aspects Bad Faith Cases


As in any litigation, an insured filing suit against its insurer must name the proper party.  Litigation involving insurance companies can present challenges in this regard, as many insurers operate myriad companies under similar names.  For example, the Georgia Secretary of State website lists no fewer than eight entities beginning with the words “State Farm,” six of which would appear to be underwriters of insurance policies.  Accordingly, special care must be taken to avoid dismissal for failure to name the proper party. The declarations page of the insured’s policy should state the correct name of the insuring company.  Further research is advisable, as insurers frequently merge, are acquired or simply change names.  Most insurers maintain detailed websites with information about their companies, and a simple Google search will turn up such information.  Information found during such searches should be confirmed by reference to records of the appropriate secretary of state.  The Georgia Safety Fire & Insurance Commissioner’s website provides a “company search” form. The search form will provide detailed information about the company, including the type of company, the date it was licensed to do business in Georgia, the status of the company’s license, the insurer’s agents (if any), contact information, and lines of authority (what types of insurance the insurer is licensed to write).  In addition, the Georgia Secretary of State’s website should reveal current agents for service of process for most companies.


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