Supreme Court of Georgia

State of Georgia v. International Indemnity Co. Regulatory Technologies, Inc. v. State of Georgia

February 4, 2019305 Ga. 126

Summary

The Supreme Court of Georgia held that official immunity under OCGA § 33-37-8.1(b) does not apply to the liquidator, his deputies, or the private contractor Reg Tech in their official capacities for surcharge claims, and affirmed the trial court's dismissal of those immunity defenses while allowing the surcharge claims to proceed against the private company. The Court reversed the Court of Appeals’ judgment that permitted the claims against the state officers and remanded for further proceedings consistent with this holding.