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Georgia Statutes, Title 33

Georgia/Statutes

← All Georgia coverage

Title 33

73 chapters · 1,492 sections in this title.

All chapters in Title 331,492 Ch 24, INSURANCE GENERALLY134 Ch 14, DOMESTIC STOCK AND MUTUAL INSURERS78 Ch 11, INVESTMENTS72 Ch 23, LICENSING62 Ch 37, INSURERS REHABILITATION AND LIQUIDATION59 Ch 9, REGULATION OF RATES, UNDERWRITING RU…49 Ch 15, FRATERNAL BENEFIT SOCIETIES38 Ch 5, REGULATION OF UNAUTHORIZED INSURERS37 Ch 41, CAPTIVE INSURANCE COMPANIES34 Ch 20, HEALTH CARE PLANS33 Ch 3, AUTHORIZATION AND GENERAL REQUIREMEN…32 Ch 2, DEPARTMENT AND COMMISSIONER31 Ch 17, RECIPROCAL INSURERS31 Ch 21, HEALTH MAINTENANCE ORGANIZATIONS31

31 sections·Filtered byTitle 33✕Ch 17✕

O.C.G.A. § 33-17-1 Deﬁnitions
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As used in this chapter, the term: (1) ‘‘Attorney’’ means the attorney in fact of a reciprocal insurer. The attorney may be an individual, ﬁrm, or corporation. (2) ‘‘Reciprocal insurance’’ means insurance resulting from an interexchange among persons, known as subscribers, of rec…
O.C.G.A. § 33-17-10 Actions on attorney’s bond or deposit
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Action on the attorney’s bond or to recover against a deposit made in lieu of the bond may be brought at any time by one or more subscribers suffering loss through a violation of its conditions or by the Commis754 sioner as liquidator of the insurer. Amounts recovered on the bond…
O.C.G.A. § 33-17-11 Rights and powers of attorney for insurer generally; contents and terms of power of attorney; furnishing of copy of power of attorney to subscribers
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(a) The rights and powers of the attorney of a reciprocal insurer shall be as provided in the power of attorney given to it by the subscribers. (b) The power of attorney must set forth: (1) The powers of the attorney; (2) That the attorney is authorized to accept service of proce…
O.C.G.A. § 33-17-12 Effect of discharge of duties by attorney of foreign or alien insurer; office of attorney

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(a) The attorney of a foreign or alien reciprocal insurer, which insurer is duly authorized to transact insurance in this state, shall not, by virtue of discharge of his or her duties as such attorney with respect to the insurer’s transactions in this state, be thereby deemed to …

O.C.G.A. § 33-17-13 Designation by insurer of person to acknowledge or accept service of process; manner of service of process; effect of judgment based upon process served in manner prescribed

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(a) Every reciprocal insurer authorized to transact business in this state shall ﬁle with the Commissioner a written statement or power of attorney duly signed and sealed appointing and authorizing some person, who shall be a resident of this state, to acknowledge or accept servi…

O.C.G.A. § 33-17-14 Subscribers’ advisory committee

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(a) The advisory committee of a domestic reciprocal insurer exercising the subscribers’ rights shall be selected under such rules as the subscribers adopt. (b) The committee shall: (1) Supervise the ﬁnances of the insurer; (2) Supervise the insurer’s operations to such extent as …

O.C.G.A. § 33-17-15 Modiﬁcations of terms of subscribers’ agreement or of power of attorney

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Modiﬁcations of the terms of the subscribers’ agreement or of the power of attorney of a domestic reciprocal insurer shall be made jointly by the attorney and the subscribers’ advisory committee. No modiﬁcation shall be effective until it has been ﬁled with and approved by the Co…

O.C.G.A. § 33-17-16 General requirements for transaction of insurance by domestic reciprocal insurers

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(a) A domestic reciprocal insurer formed under this chapter, if it has otherwise complied with the applicable provisions of this title, may be authorized to transact insurance if it has and thereafter maintains surplus funds as follows: (1) To transact property insurance, surplus…

O.C.G.A. § 33-17-17 Advancement of sums to insurer by attorney or other parties; withdrawal or repayment of advances

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The attorney or other parties may advance to a domestic reciprocal insurer upon reasonable terms any funds as it may require from time to time in its operations. Sums so advanced shall not be treated as a liability of the insurer and, except upon liquidation of the insurer, shall…

O.C.G.A. § 33-17-18 Persons and organizations authorized to become subscribers; exchange of insurance contracts; personal liability upon contracts

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(a) Individuals, partnerships, and corporations of this state may make application to, enter into agreement for, hold policies or contracts in or with, and be a subscriber of any domestic, foreign, or alien reciprocal insurer. (b) Any corporation organized under the laws of this …

O.C.G.A. § 33-17-19 Liability of subscribers for obligations of insurer generally; contingent liability assessment

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(a) The liability of each subscriber, other than as to a nonassessable policy, for the obligations of the reciprocal insurer shall be an individual, several, and proportionate liability, and not joint. (b) Except as to a nonassessable policy, each subscriber shall have a continge…

O.C.G.A. § 33-17-2 Applicability of chapter

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(a) All authorized reciprocal insurers shall be governed by those Code sections of this chapter not expressly made applicable to domestic reciprocal insurers. (b) Authorized reciprocal insurers shall comply with this chapter and shall make any amendments to their subscribers’ agr…

O.C.G.A. § 33-17-20 Enforcement against subscriber of judgment against insurer

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(a) No action shall lie against any subscriber upon any obligation claimed against the insurer until a ﬁnal judgment has been obtained against the insurer and remains unsatisﬁed for 30 days. (b) Any judgment shall be binding upon each subscriber only in such proportion as his int…

O.C.G.A. § 33-17-21 Standards for determination by Commissioner of ﬁnancial condition of insurer

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In determining the ﬁnancial condition of a reciprocal insurer, the Commissioner shall apply the following rules: (1) He shall charge as liabilities the same reserves as are required of incorporated insurers issuing nonassessable policies on a reserve basis; (2) The surplus deposi…

O.C.G.A. § 33-17-22 Manner of levy of assessments against subscribers generally; computation of assessments

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(a) Assessments may from time to time be levied upon subscribers of a domestic reciprocal insurer liable therefor under the terms of their policies by the attorney upon approval in advance by the subscribers’ advisory committee and the Commissioner or by the Commissioner in liqui…

O.C.G.A. § 33-17-23 Limitation period for assessments

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Every subscriber of a domestic reciprocal insurer having contingent liability shall be liable for and shall pay his share of any assessment, as computed and limited in accordance with this chapter, if: (1) While his or her policy is in force or within one year after its terminati…

O.C.G.A. § 33-17-24 Maximum assessable aggregate contingent liability

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No one policy or subscriber as to the policy shall be assessed or charged with an aggregate of contingent liability as to obligations incurred by a domestic reciprocal insurer in any one calendar year in excess of the amount provided for in the power of attorney or in the subscri…

O.C.G.A. § 33-17-25 Insufficient assets to discharge liabilities and to maintain required surplus

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(a) If the assets of a domestic reciprocal insurer are at any time insufficient to discharge its liabilities, other than any liability on account of funds contributed by the attorney or others, and to maintain the required surplus, its attorney shall immediately make up the deﬁci…

O.C.G.A. § 33-17-26 Authorization and procedure for issuance by Commissioner of certiﬁcate authorizing insurer to extinguish contingent liability of subscribers; revocation of certiﬁcate

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(a) If a reciprocal insurer has a surplus of assets over all liabilities at least equal to the minimum paid-in capital stock required of a domestic stock insurer authorized to transact like kinds of insurance, upon application of the attorney and as approved by the subscribers’ a…

O.C.G.A. § 33-17-27 Distribution of unused premiums, savings, credits, or proﬁts to subscribers

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A reciprocal insurer may from time to time return to its subscribers any unused premiums, savings, credits, or proﬁts accruing to their accounts. Any such distribution shall not unfairly discriminate between classes of risks or policies or between subscribers, but the distributio…

O.C.G.A. § 33-17-28 Distribution of assets to subscribers upon liquidation of insurer

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Upon the liquidation of a domestic reciprocal insurer, its assets remaining after discharges of its indebtedness and policy obligations, the return of any contributions of the attorney or other persons to its surplus made as provided in Code Section 33-17-17, and the return of an…

O.C.G.A. § 33-17-29 Filing of annual statement with Commissioner

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(a) The annual ﬁnancial statement of a reciprocal insurer shall be made and ﬁled with the Commissioner by its attorney on or before March 1 of each year. (b) The information required by this title of other insurers doing a like insurance business in this state shall be included i…

O.C.G.A. § 33-17-3 Authorization of transaction of insurance by reciprocal insurers generally

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A reciprocal insurer may be authorized to transact insurance in this state subject to the applicable provisions of this title. History. — Code 1933, § 56-2102, enacted by Ga. L. 1960, p. 289, § 1.

O.C.G.A. § 33-17-30 Recordkeeping duties, §33-14-13

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Reinsurance of risks. Domestic stock insurers, §33-14-40. INDEX INSURANCE COMPANIES —Cont’d Domestic stock and mutual insurers —Cont’d Reinsurance of risks —Cont’d Limited purpose subsidiary life insurance companies, §§33-14-100 to 33-14-109. Mutual insurers, §33-14-72. Return of…

O.C.G.A. § 33-17-31 Exchange of contracts or indemnities by attorneys

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Any attorney who shall exchange any contract or indemnity of the kind and character speciﬁed in this chapter or who shall directly or indirectly solicit or negotiate any application for the contracts without ﬁrst complying with all the provisions of this chapter shall be guilty o…

O.C.G.A. § 33-17-4 Types of insurance in which reciprocal insurers authorized to transact business; reinsurance

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(a) A reciprocal insurer may, upon qualifying as a reciprocal insurer as provided for by this title, transact any kind or kinds of insurance deﬁned by this title other than life or title insurance. (b) A reciprocal insurer may purchase reinsurance upon the risk of any subscriber …

O.C.G.A. § 33-17-5 Requirements as to name; actions by and against insurers

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A reciprocal insurer shall: (1) Have and use a business name. The name shall include the word ‘‘reciprocal’’ or ‘‘interinsurer’’ or ‘‘interinsurance’’ or ‘‘exchange’’ or ‘‘underwriters’’ or ‘‘underwriting’’; and (2) Bring and defend actions in its own name. History. — Code 1933, …

O.C.G.A. § 33-17-6 Procedure for incorporation of domestic reciprocal insurer generally; application for certiﬁcate of authority; execution and ﬁling by attorney of declaration; contents of declaration

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(a) Twenty-ﬁve or more persons domiciled in this state may organize a domestic reciprocal insurer and make application to the Commissioner for a certiﬁcate of authority to transact insurance. (b) The proposed attorney shall fulﬁll the requirements of and shall execute and ﬁle wit…

O.C.G.A. § 33-17-7 Issuance of certiﬁcate of authority; refusal, suspension, or revocation of certiﬁcate of authority; renewal of certiﬁcate; payment of fees and taxes

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(a) The certiﬁcate of authority to transact business of a reciprocal insurer shall be issued to its attorney in the name of the insurer. (b) The Commissioner may refuse, suspend, or revoke the certiﬁcate of authority to transact business, in addition to other grounds for refusal,…

O.C.G.A. § 33-17-8 Filing of bond by attorney for insurer; amount of bond; cancellation of bond

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(a) Concurrently with the ﬁling of the declaration provided for in Code Section 33-17-6, the attorney of a domestic reciprocal insurer shall ﬁle with the Commissioner a bond in favor of the Commissioner for the beneﬁt of all persons damaged as a result of breach by the attorney o…

O.C.G.A. § 33-17-9 Maintenance by attorney of deposit in lieu of bond

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In lieu of the bond required under Code Section 33-17-8, the attorney may maintain on deposit with the state through the office of the Commissioner a like amount in cash or in value of securities qualiﬁed for deposit under Chapter 11 of this title, subject to the same conditions …