Georgia’s Direct
Action Statute
Jeff Shiver and Alan Hamilton
Shiver Hamilton
Atlanta, GA
Though it has been around for decades, many lawyers are unfamiliar with Georgia’s Direct Action Statute. Georgia’s Direct Action Statute (“DAS”) allows plaintiffs to name the insurance company as a party defendant in the case and have the insurance company listed on all pleadings including the verdict form and judgment. The DAS “establishes an independent cause of action against the carrier’s insurer on behalf of a member of the public injured by the carrier’s negligence.” Glenn McClendon Trucking Co. v. Williams, 183 Ga. App. 508–509 (1987).