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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

23 sections·Filtered byTitle 33✕Ch 36✕

O.C.G.A. § 33-36-1 Short title
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This chapter shall be known and may be cited as the ‘‘Georgia Insurers Insolvency Pool Act.’’ History. — Ga. L. 1970, p. 700, § 1.
O.C.G.A. § 33-36-10 Recovery under chapter of covered claims recoverable under insolvency funds of other states
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(a) It is not the purpose of this chapter to provide or permit duplicate recoveries of covered claims under this chapter and an insolvency fund or its equivalent of any other state. In the construction and application of this chapter with respect to a covered claim which may be r…
O.C.G.A. § 33-36-11 Limitation for ﬁling claims; claims ﬁled after ﬁnal date set by court; default judgments
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(a) Notwithstanding any other provisions of this chapter, except as provided for in Code Section 33-36-20, a covered claim shall not include a claim ﬁled with the pool after the earlier of (1) 18 months after the date of the order of liquidation, or (2) the ﬁnal date set by the c…
O.C.G.A. § 33-36-12 Powers and duties of Commissioner as to collection of assessments; judicial review
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The Commissioner shall bring an action for and recover, on behalf of the pool, any assessment not paid when due. He may, after notice and hearing, revoke the certiﬁcate of authority to transact business in this state of an insurer who is a member of the pool which fails to pay an…

O.C.G.A. § 33-36-13 Allowance of claims by receivers, liquidators, or statutory successors; appointment of pool as insurer’s agent

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With respect to insolvent insurers incorporated in this state, the receiver, liquidator, or statutory successor shall allow as a proper claim on the assets of the insolvent insurer amounts paid under this chapter by or on behalf of the pool or paid by an insolvency fund or its eq…

O.C.G.A. § 33-36-14 Exhaustion of rights by claimants against insolvent insurers prior to recovery; recovery of payment to claimants in excess of amounts authorized; reduction of liability of insured; recovery of amounts

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(a) Except as provided for in Code Section 33-36-20, any person having a claim against a policy or an insured under a policy issued by an insolvent insurer, which claim is a covered claim and is also a claim within the coverage of any policy issued by a solvent insurer, shall be …

O.C.G.A. § 33-36-14.1 Recommendations and report by the board of trustees

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(a) To aid in the detection and prevention of insurer insolvencies: (1) The board of trustees may, upon majority vote, make recommendations to the Commissioner for the detection and prevention of insurer insolvencies; (2) The board of trustees may, upon majority vote, make recomm…

O.C.G.A. § 33-36-15 Examination of pool

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The pool shall be deemed a company or insurer within the scope of Code Section 33-2-11 relating to examinations. Notwithstanding the provisions of Code Section 33-2-11 or this Code section, whether such examinations shall be conducted and the frequency of any such examinations sh…

O.C.G.A. § 33-36-16 Exemption from taxation of pool

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The pool shall be exempt from all license fees, income, franchise, privilege, occupation, or other taxes levied or assessed by the state, any municipality, county, or other political subdivision of the state, except state, county, or municipal taxes upon the real or personal prop…

O.C.G.A. § 33-36-16.1 Immunity from liability for performance of powers and duties under this chapter

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There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member insurer, the pool or its agents or employees, the board of trustees, or any person serving as a representative of any member of the board of trustees for any action ta…

O.C.G.A. § 33-36-17 Termination of operation of pool as to particular kinds of insurance; proceeds upon termination of operation of pool; expiration of pool

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(a) The Commissioner shall by order terminate the operation of the insolvency pool as to any kind of insurance afforded by property or casualty insurance policies with respect to which he has found, after hearing, that there is in effect a statutory or voluntary plan which: (1) I…

O.C.G.A. § 33-36-18 Appeal to Commissioner; judicial review

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Any action of the Insurers Solvency Board may be appealed to the Commissioner by any member insurer if such appeal is taken within 30 days of the action being appealed. Any ﬁnal action or order of the Commissioner shall be subject to judicial review in a court of competent jurisd…

O.C.G.A. § 33-36-19 Advertisements, announcements, or statements using insolvency pool for purpose of sales

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(a) No person, including an insurer or agent or affiliate of an insurer, shall make, publish, disseminate, circulate, or place before the public or cause directly or indirectly to be made, published, disseminated, circulated, or placed before the public in any newspaper, magazine…

O.C.G.A. § 33-36-2 Creation; accounts; responsibility; supervision and regulation

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There is created a Georgia Insurers Insolvency Pool which shall consist of three accounts: (1) workers’ compensation account; (2) automobile account; and (3) all other covered insurance account. The pool shall be responsible for the investigation, adjustment, compromise, settleme…

O.C.G.A. § 33-36-20 Liability of pool to claimants and electing insureds in emergency circumstances; deﬁnitions; exceptions

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(a) It is the policy of this state to protect insureds and their claimants from liability as a result of the insolvency of insurers. In furtherance of this policy, it is the intent of the legislature, notwithstanding any provision of law to the contrary, that the Georgia Insurers…

O.C.G.A. § 33-36-3 Deﬁnitions

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As used in this chapter, the term: (1) ‘‘Affiliate’’ means a person who, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another person. (2) ‘‘Affiliate of the insolvent insurer” means a person who, directly …

O.C.G.A. § 33-36-4 Insurers Solvency Board

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(a) There shall be a board of trustees of the Georgia Insurers Insolvency Pool which shall be known as the Insurers Solvency Board and which shall consist of seven members. At all times, the board shall contain at least one member from a domestic insurer. The members of the board…

O.C.G.A. § 33-36-5 Insurers required to become members of pool

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Every insurer authorized to write property or casualty insurance policies in this state shall be a member of the insolvency pool and shall be liable for assessments pursuant to Code Section 33-36-7 and shall also be responsible for the other obligations imposed pursuant to this c…

O.C.G.A. § 33-36-6 Plan to govern members; rules; requirements for plan; assignment of claims or judgments against insolvent insurers; claimants of assets of insolvent insurers; jurisdiction; venue

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(a) The Georgia Insurers Insolvency Pool is a nonproﬁt legal entity with the right to bring and defend actions and such right to bring and defend actions includes the power and right to intervene as a party before any court in this state that has jurisdiction over an insolvent in…

O.C.G.A. § 33-36-7 Levy of assessments against insurers; reimbursement of expenses; refunds of assessments

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(a) For the purposes of administration and assessment under this Code section, the pool shall be divided into three separate accounts: (1) workers’ compensation insurance account; (2) automobile insurance account; and (3) all other covered insurance account. Separate assessment s…

O.C.G.A. § 33-36-7.1 Surcharge on premiums to recoup assessments; disclosure to insureds; excess surcharges, exception where the expense of collection would exceed the amount of the surcharge

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(a) The plan adopted pursuant to Code Section 33-36-6 shall contain provisions whereby each member insurer is required to recoup over the year following the year of the assessment a sum calculated to recoup the assessments paid by the member insurer under this chapter by way of a…

O.C.G.A. § 33-36-8 Issuance by Commissioner of notice of judicial determination of insolvency of insurer; requirement of notiﬁcation of insureds by agents of insurer; publication of notice

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Upon the determination of a court of competent jurisdiction of the state of domicile of an insurer that the insurer is insolvent, the Commissioner of this state shall promptly give notice of the insurer’s insolvency by ﬁrst-class mail to all persons known or reasonably expected t…

O.C.G.A. § 33-36-9 Coverage afforded by insolvent insurers to become obligation of pool; investigation and settlement of claims by pool

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In the event an insurer is ordered to be liquidated, the coverage afforded by property and casualty insurance policies issued by such insurer shall, with respect to covered claims, become the obligation of the pool for a period of 30 days from the date of such determination or un…