Jefferson Ins

Co. v. Thomas, 278 Ga. App. 89, 628 S.E.2d 171 (2006). Medical expenses paid by an insured’s own carrier reduced the liability of the Georgia Insurers Insolvency Pool; the fact such carrier might have a subrogation claim against the tortfeasor did not give the insured the right to collect the amount from the pool. G & MSS Trucking, Inc. v. Rich, 224 Ga. App. 130, 479 S.E.2d 761 (1996). Court lacked subject matter jurisdiction under earlier provisions in subsection (a). — Because: (1) resolution of the issues raised in a petition filed by the Georgia Insurers Insolvency Pool were dependent upon a determination by the State Board of Workers’ Compensation of the amount, if any, an injured employee was entitled to recover in the pending, unresolved claim for workers’ compensation; and (2) after a notice to controvert was filed, the Board never held a hearing or issued any findings with regard to liability for the claim, the trial court lacked subject matter jurisdiction to determine the applicability of earlier provisions of O.C.G.A. § 33-36-14(a) to the Pool’s claim against an insurer, after another carrier became insolvent, and hence, grant the Pool summary judgment in its declaratory judgment action. Royal Indem. Co. v. Ga. Insurers Insolvency Pool, 284 Ga. App. 787, 644 S.E.2d 279 (2007), cert. denied, No. S07C1207, 2007 Ga. LEXIS 639 (Ga. 2007). 695 33-36-14.1 INSURANCE 33-36-15 33-36-14.1. Recommendations and report by the board of trustees.