Title 33 — Title 33
0 chapters · 1,218 sections in this title.
O.C.G.A. § 33-37-1 Construction and purpose of chapter
1.9K chars
(a) This chapter shall be known and may be cited as the ‘‘Insurers Rehabilitation and Liquidation Act.’’ (b) This chapter shall not be interpreted to limit the powers granted the Commissioner by other provisions of law. (c) This chapter shall be liberally construed to effect the …
O.C.G.A. § 33-37-10 Confidentiality of proceedings
1.0K chars
In all proceedings and judicial reviews thereof under Code Section 33-37-9, all records of the insurer, other documents, and all Department of Insurance files and court records and papers, so far as they pertain to or are a part of the record of the proceedings, shall be and remai…
O.C.G.A. § 33-37-11 Petition for rehabilitation; grounds
4.5K chars
The Commissioner may apply by petition to the Superior Court of Fulton County for an order authorizing him to rehabilitate a domestic insurer or an alien insurer domiciled in this state on any one or more of the following grounds: (1) The insurer is in such condition that the fur…
O.C.G.A. § 33-37-12 Acting as insurer
0.3K chars
Compliance with Georgia Insurance Code. Required, §33-1-6. Actions against, §§33-4-1 to 33-4-7. Affirmative duty to fairly and promptly adjust motor vehicle claims. Action for bad faith, §33-4-7. Attorneys’ fees. Insurer’s liability, §33-4-6. Bad faith refusal to pay claims, §33-…
O.C.G.A. § 33-37-13 Authority of rehabilitator; additional remedies; rehabilitation plan
3.8K chars
(a) The Commissioner as rehabilitator may appoint one or more special deputies who shall have all the powers and responsibilities of the rehabilitator granted under this Code section, and the Commissioner may employ such clerks and assistants as deemed necessary. The compensation…
O.C.G.A. § 33-37-14 Discovery
0.7K chars
Pre-suit discovery of information from insurers, §33-3-28. Discrimination. Unfair trade practices, §33-6-4. Motor vehicle insurers. Cooperation by insured in defense of actions, §33-7-15. Notice to commissioner of insurance, §§33-4-6, 33-4-7. Reciprocal insurers, §33-17-5. Action…
O.C.G.A. § 33-37-15 Rehabilitation plan, §33-37-13
0.3K chars
Rehabilitator. Accounting to court, §33-37-12. 1251 INDEX INSURANCE COMPANIES —Cont’d Rehabilitation and liquidation —Cont’d Rehabilitation orders —Cont’d Rehabilitator —Cont’d Authority, §33-37-13. Commissioner appointed as, §33-37-12. Fraudulent transfers.
O.C.G.A. § 33-37-16 Grounds for order of liquidation
0.6K chars
The Commissioner may petition the superior court for an order directing him to liquidate a domestic insurer or an alien insurer domiciled in this state on the basis: (1) Of any ground for an order of rehabilitation as specified in Code Section 33-37-11, whether or not there has be…
O.C.G.A. § 33-37-17 Insurance companies
0.7K chars
Clerks of court. Actions against insurance companies. Venue, §33-4-1. Liquidation proceedings. Ancillary receiver and deputies. Powers and duties, §33-37-52. Appointment and authority of deputy liquidators, §33-37-20. Rehabilitators. Appointment and authority of deputy rehabilita…
O.C.G.A. § 33-37-18 Termination of policy coverage
1.6K chars
(a) All policies, including bonds and other noncancelable business, other than life or accident and sickness insurance or annuities, in effect at the time of issuance of an order of liquidation shall continue in force only for the lesser of: 727 33-37-19 (1) A period of 30 days f…
O.C.G.A. § 33-37-19 Petition for dissolution of corporate existence
0.7K chars
The Commissioner may petition for an order dissolving the corporate existence of a domestic insurer or the United States branch of an alien insurer domiciled in this state at the time he applies for a liquidation order. The court shall order dissolution of the corporation upon pe…
O.C.G.A. § 33-37-2 Applicability
1.4K chars
33-37-3. Definitions. 33-37-4. Jurisdiction; exclusiveness of remedy; venue; change of venue. 33-37-5. Grounds for restraining orders and injunctions; rights regarding collateral pledged by insurer-member; process and timeline; options for renewal or restructuring of loan. 33-37-6…
O.C.G.A. § 33-37-20 Powers of liquidator
9.3K chars
(a) The liquidator shall have the power: (1) To appoint a special deputy or deputies to act for him under this chapter and to determine his reasonable compensation. The special deputy shall have all powers of the liquidator granted by this Code section. The special deputy shall s…
O.C.G.A. § 33-37-21 Notice of liquidation
2.7K chars
(a) Unless the court otherwise directs, the liquidator shall give or cause to be given notice of the liquidation order as soon as possible: (1) By first-class mail and either by telegram or telephone to the commissioner of insurance of each jurisdiction in which the insurer is doi…
O.C.G.A. § 33-37-22 Responsibility of agent to provide information; penalty for violation
1.4K chars
(a) Every person who receives notice in the form prescribed in Code Section 33-37-21 that an insurer which he represents as an agent is the subject of a liquidation order, shall within 30 days of such notice provide to the liquidator, in addition to the information he may be requ…
O.C.G.A. § 33-37-23 Liquidator
0.3K chars
Assets. Reducing asset liquidity, §33-37-24. 1248 INDEX INSURANCE COMPANIES —Cont’d Rehabilitation and liquidation —Cont’d Liquidation orders —Cont’d Liquidator —Cont’d Assets —Cont’d Time for filing lists, §33-37-24. Commissioner appointed as, §33-37-17. Foreign or alien insurer’…
O.C.G.A. § 33-37-24 Time for filing list of assets; reducing assets to liquidity
0.8K chars
(a) As soon as practicable after the liquidation order but not later than 120 days thereafter, the liquidator shall prepare in duplicate a list of the insurer’s assets. The list shall be amended or supplemented from time to time as the liquidator may determine. One copy shall be …
O.C.G.A. § 33-37-25 Fraudulent transfers or obligations incurred; avoidance
3.1K chars
(a) Every transfer made or suffered and every obligation incurred by an insurer within one year prior to the filing of a successful petition for rehabilitation or liquidation under this chapter is fraudulent as to then existing and future creditors if made or incurred without fair…
O.C.G.A. § 33-37-26 Vehicle protection product act
1.1K chars
Enforcement proceedings, §33-34A-11. BUSINESS TRUSTS. Insurable interest, §33-24-3. BUYER IN ORDINARY COURSE OF BUSINESS. Insurance companies. Domestic stock and mutual insurers. Insider trading of domestic stock insurer equity securities. Exempt transactions of dealers’ sales in…
O.C.G.A. § 33-37-27 Future loans
0.7K chars
Transfers securing, §33-37-27. Hearing. Determination of rights of parties, §33-37-27. 1250 INDEX INSURANCE COMPANIES —Cont’d Rehabilitation and liquidation —Cont’d Preferential transfers —Cont’d Jurisdiction. Summary jurisdiction of superior court, §33-37-27. Liability of partic…
O.C.G.A. § 33-37-28 Disallowing preferred creditor’s claims
1.4K chars
(a) No claims of a creditor who has received or acquired a preference, lien, conveyance, transfer, assignment, or encumbrance voidable under this chapter shall be allowed unless he surrenders the preference, lien, conveyance, transfer, assignment, or encumbrance. If the avoidance…
O.C.G.A. § 33-37-29 Mutual debts and credits
1.0K chars
(a) In all cases of mutual debts or mutual credits between the insurer and another person in connection with any action or proceeding under this chapter, such credits and debts shall be set off and the balance only shall be allowed or paid, except as provided in subsection (b) of…
O.C.G.A. § 33-37-3 Definitions
7.1K chars
As used in this chapter, the term: (1) ‘‘’Ancillary state’’ means any state other than a domiciliary state. (2) ‘‘Creditor’’ means a person having any claim, whether matured or unmatured, liquidated or unliquidated, secured or unsecured, absolute, fixed, or contingent. (3) ‘‘Delin…
O.C.G.A. § 33-37-30 Risk-based capital levels
0.2K chars
Annual report, §33-56-2. Definition of RBC report, §33-56-1. Foreign insurers, §33-56-10. Surplus line brokers. Affairs and operations, §33-5-29. Transaction reports, §§33-55-1 to 33-55-3. Requirements for action as insurer.
O.C.G.A. § 33-37-31 Liability of reinsurers
3.4K chars
The amount recoverable by the liquidator from reinsurers shall not be reduced as a result of the delinquency proceedings regardless of any provision in the reinsurance contract or other agreement. The reinsurance shall be payable under a contract or contracts reinsured by the ass…
O.C.G.A. § 33-37-32 Rehabilitation orders
0.7K chars
Filing or recording. Effect, §33-37-12. Obstructing or interfering with delinquency proceedings, §33-37-6. Penalties. Cooperation with commissioner mandated. Failure to cooperate. Civil penalties, §33-37-6. Fine or imprisonment, §33-37-6. Liquidation orders. Responsibility of age…
O.C.G.A. § 33-37-33 Application for approval of proposal to disburse assets; notice
3.8K chars
(a) Within 120 days of a final determination of insolvency of an insurer by a court of competent jurisdiction of this state, the liquidator shall make application to the court for approval of a proposal to disburse assets out of marshaled assets, from time to time as such assets b…
O.C.G.A. § 33-37-34 Proof of claims; late filing
2.2K chars
(a) Proof of all claims shall be filed with the liquidator in the form required by Code Section 33-37-35 on or before the last day for filing specified in the notice required under Code Section 33-37-21, except that proof of claims for cash surrender values or other investment value…
O.C.G.A. § 33-37-35 Receiver
0.5K chars
Indemnification, §33-37-8.1. Unauthorized insurers. Service of process. Right of plaintiff or complainant to default judgment or judgment with leave to prove damages, §33-5-56. Medical malpractice. Payment by insurance company. Report, §33-3-27. JURISDICTION. Insurance companies. …
O.C.G.A. § 33-37-36 DISCOVERY
0.2K chars
Insurance. Claimant. Obtaining information from insurer. Pre-suit discovery, §33-3-28. 1150 INDEX DIVORCE. Insurance. Accident and sickness. Spousal coverage, §§33-24-20, 33-24-21. Motor vehicle insurance.
O.C.G.A. § 33-37-37 Third-party claim against insured
3.0K chars
(a) Whenever any third party asserts a cause of action against an insured of an insurer in liquidation, the third party may file a claim with the liquidator. (b) Whether or not the third party files a claim, the insured may file a claim on his own behalf in the liquidation. If the i…
O.C.G.A. § 33-37-38 Procedure when claim denied
1.1K chars
(a) When a claim is denied in whole or in part by the liquidator, written notice of the determination shall be given to the claimant or his attorney by first-class mail at the address shown in the proof of claim. Within 60 days from the mailing of the notice, the claimant may file …
O.C.G.A. § 33-37-39 When third person subrogated to rights of creditor
1.0K chars
Whenever a creditor whose claim against an insurer is secured, in whole or in part, by the undertaking of another person fails to prove and file that claim, the other person may do so in the creditor’s name, and shall be subrogated to the rights of the creditor, whether the claim …
O.C.G.A. § 33-37-4 Preferential transfers, §33-37-27
0.5K chars
1265 INDEX JURISDICTION —Cont’d Insurance holding company systems. Persons filing statements concerning acquiring control of or merging with domestic insurers, §33-13-3. K KILLING. Slayer laws, §33-25-13. KILL SWITCHES. Warranties for vehicle protection products, §§33-34A-1 to 33-…
O.C.G.A. § 33-37-40 Determining value of security held by secured creditor
0.8K chars
(a) The value of any security held by a secured creditor shall be determined in one of the following ways, as the court may direct: (1) By converting the same into money according to the terms of the agreement pursuant to which the security was delivered to such creditors; or (2)…
O.C.G.A. § 33-37-41 Priority of distribution of claims
4.2K chars
For all claims in insolvencies, the priority of distribution of claims from the insurer’s estate shall be in accordance with the order as set forth in this Code section. Every claim in each class shall be paid in full or adequate funds retained for such payment before the members…
O.C.G.A. § 33-37-42 Liquidator’s report, §33-37-30
1.0K chars
Financial report, §33-37-30. Restraining orders. Grounds, §33-37-5. Scope of chapter, §33-37-2. Secured creditors. Determining value of security held by, §33-37-40. Rights, §33-37-57. Seizures. Ex parte seizure order, §33-37-9. Setoff. Mutual debts and credits, §33-37-29. Preferr…
O.C.G.A. § 33-37-43 Payment of distributions
0.5K chars
Under the direction of the court, the liquidator shall pay distributions in a manner that will assure the proper recognition of priorities and a reasonable balance between the expeditious completion of the liquidation and the protection of unliquidated and undetermined claims, in…
O.C.G.A. § 33-37-44 Disposition of unclaimed funds subject to distribution
1.4K chars
(a) All unclaimed funds subject to distribution remaining in the liquidator’s hands when he is ready to apply to the court for discharge, including the amount distributable to any creditor, shareholder, mem757 33-37-45 ber, or other person who is unknown or cannot be found shall …
O.C.G.A. § 33-37-45 Liquidator’s application for discharge
0.7K chars
(a) When all assets justifying the expense of collection and distribution have been collected and distributed under this chapter, the liquidator shall apply to the court for discharge. The court may grant the discharge and make any other orders, including an order to transfer any…
O.C.G.A. § 33-37-46 Reopening liquidation proceedings
0.4K chars
After the liquidation proceeding has been terminated and the liquidator discharged, the Commissioner or other interested party may at any time petition the superior court to reopen the proceedings for good cause, including the discovery of additional assets. If the court is satis…
O.C.G.A. § 33-37-47 Subagent’s transactions, §33-23-28
0.5K chars
Transactions consummated by licensees, §33-23-34. Refunds. Commissioner granting, §33-8-9. Registration. Nonresident representatives of life insurers in military installations in foreign countries, §33-23-17. Regulatory action level event, §33-56-4. Rehabilitation and liquidation…
O.C.G.A. § 33-37-48 Receivership audits
0.6K chars
The superior court may, as it deems desirable, cause audits to be made of the books of the Commissioner relating to any receivership established under this chapter, and a report of each audit shall be filed with the Commissioner and with the court. The books, records, and 759 33-3…
O.C.G.A. § 33-37-49 Liquidator of assets
0.3K chars
Commissioner appointed as, §33-37-50. INSURANCE COMPANIES —Cont’d Rehabilitation and liquidation —Cont’d Fraudulent transfers. Avoidance generally, §33-37-25. Defined, §33-37-25. Power of liquidator to avoid, §33-37-25. Power of rehabilitator to avoid, §33-37-13. Garnishment.
O.C.G.A. § 33-37-50 Retaliation, §33-3-26
0.5K chars
Service of process upon unauthorized insurers, §§33-5-50 to 33-5-59. Standard valuation law, §33-10-13. Surplus line brokers. Placement of insurance with alien insurers, §33-5-25. 1217 INDEX INSURANCE COMPANIES —Cont’d Alien companies —Cont’d Transaction of insurance when owned b…
O.C.G.A. § 33-37-51 Vested in liquidator, §33-37-17
0.2K chars
Transfers. Defined, §33-37-3. Fraudulent transfers. Avoidance generally, §33-37-25. Power of rehabilitator to avoid, §33-37-13. Preferential transfers, §33-37-27.
O.C.G.A. § 33-37-53 Cooperation with commissioner
0.1K chars
Mandated, §33-37-6. Costs. Liquidator. Application for discharge. Liquidator resisting application, §33-37-45. Courts.
O.C.G.A. § 33-37-54 Notice
0.4K chars
Assessments against member of insurer. Show cause orders, §33-37-30. Claims. Denial, §33-37-38. 1249 INDEX INSURANCE COMPANIES —Cont’d Rehabilitation and liquidation —Cont’d Notice —Cont’d Claims —Cont’d Resident claimants in proceeding in another state against nondomiciliary ins…
O.C.G.A. § 33-37-55 Secured claims
0.7K chars
Defined, §33-37-3. Secured creditors. Determining value of security held by, §33-37-40. Rights, §33-37-57. Special deposit claims. Defined, §33-37-3. Subrogation. Third person subrogated to rights of creditor, §33-37-39. Superiority of order of distribution issued by domiciliary st…
O.C.G.A. § 33-37-56 Stock and stockholders
0.6K chars
Domestic stock and mutual insurers. Classes of common or preferred shares of stock insurer, §33-14-45. Commission received by persons selling stock of insurers, §§33-14-20, 33-14-21. Insider trading of equity securities, §§33-14-90 to 33-14-97. Liability of stockholder of domesti…