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GA SB426

Bill

Status

Passed

5/6/2024

Primary Sponsor

Blake Tillery

Click for details

Origin

Senate

2023-2024 Regular Session

AI Summary

  • Restricts when a motor carrier's insurance company can be joined as a defendant in the same lawsuit as the motor carrier, limiting joinder to cases where the motor carrier is insolvent or bankrupt, or where personal service cannot be effected against the driver or motor carrier after reasonable diligence
  • When joinder conditions are met, the insurance carrier may be added as a matter of right through an amended complaint without requiring a court motion or order, and must file an answer within 30 days of service
  • Amended complaints joining an insurance carrier relate back to the original filing date of the pleading, preserving the plaintiff's timeline
  • Applies parallel changes to both Code Section 40-1-112 (motor carrier insurance) and Code Section 40-2-140 (Department of Public Safety motor carrier registration and insurance requirements)
  • Effective July 1, 2024, and applies only to causes of action accruing on or after that date

Legislative Description

Motor Vehicles and Traffic; requirements for joining of a motor carrier and motor carrier's insurer to a cause of action; revise

Last Action

Act 616

5/6/2024

Committee Referrals

Judiciary2/15/2024
Judiciary1/31/2024

Full Bill Text

No bill text available