Chicago Title Ins. Co. v. Nash, 26862
| Decision Date | 28 February 1972 |
| Docket Number | No. 26862,26862 |
| Citation | 187 S.E.2d 662,228 Ga. 719 |
| Parties | CHICAGO TITLE INSURANCE COMPANY v. Fred NASH et al. |
| Court | Georgia Supreme Court |
Smith, Cohen, Ringel, Kohler, Martin & Lowe, William G. Grant, Atlanta, for appellant.
George P. Dillard, Herbert O. Edwards, Robert E. Mozley, Decatur, Arthur K. Bolton, Atty. Gen., Atlanta, for appellees.
Syllabus Opinion by the Court
This appeal results from a ruling in the trial court against Chicago Title Insurance Co. holding that a DeKalb County ordinance which levies license taxes 'on all persons, firms and corporations doing business in the unincorporated area of said county' is applicable to Chicago Title.
Chicago Title brought an action for declaratory judgment and injunction against certain DeKalb County officials seeking a declaration that the ordinance levying license taxes is not applicable to it because it has not been and is not 'doing business in the unincorporated area' of DeKalb County; the complaint also made certain constitutional attacks on the ordinance, on a local enabling Act of the legislature which authorized the ordinance, and on a local constitutional amendment applicable to DeKalb County which initially authorized the enabling Act passed by the General Assembly; and the complaint sought an injunction which would prevent DeKalb County officials from collecting the license taxes levied by the ordinance from Chicago Title.
It is Chicago Title's contention that it has not been and is not 'doing business' in the unincorporated area of DeKalb County. It is the contention of the county officials that Chicago Title issues policies of title insurance on real estate located in the unincorporated area of DeKalb County, and that because of this it necessarily follows that Chicago Title solicits, negotiates, etc., in the unincorporated area of the county, all of which taken together constitutes 'doing business' in the unincorporated area of the county.
The trial court heard and decided this case on the basis of Chicago Title's sworn complaint as amended, affidavits submitted by Chicago Title, the county officials' sworn answer, and the county officials' motion to dismiss. Decision in this manner constituted a ruling on motions for summary judgment. Code Ann. § 81A-112(b) ().
The trial court found as a matter of fact that Chicago Title does not have an office and place of doing business in the unincorporated area of DeKalb County; Chicago Title write policies of title insurance through agents whose offices are situated within some municipal boundary; Chicago Title does write policies of title insurance on property situated in the unincorporated area of DeKalb County, collects title insurance premium fees from persons who own property in the unincorporated area, solicits through its agents and others the sale of title insurance policies on titles of property situated in the unincorporated area, conducts such preliminary negotiations as it deems appropriate before the issuance of such policies, and transacts such matters as may be necessary to effectuate the contract of insurance or to investigate claims that might arise under such title policies.
The trial court then concluded as a matter of law, based on the foregoing findings of fact, that Chicago Title...
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...however, that the cited cases involved the business license aspect of the ordinance and that only one case, Chicago Title Ins. Co. v. Nash, 228 Ga. 719, 187 S.E.2d 662 (1972), involved an insurance company. In that case the court held there was no evidence the company was doing business wit......
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