Title 33 — Title 33
0 chapters · 1,218 sections in this title.
O.C.G.A. § 33-38-1 Purpose
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The purpose of this chapter is to protect the persons specified in subsection (b) of Code Section 33-38-2, subject to certain limitations, against failure in the performance of contractual obligations, under life, health, and annuity policies, plans, or contracts specified in subse…
O.C.G.A. § 33-38-10 Duties and powers of the Commissioner
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In addition to the duties and powers enumerated elsewhere in this chapter: (1) The Commissioner shall: (A) Upon request of the board of directors, provide the association with a statement of the premiums in the appropriate states for each member insurer; and (B) When an impairmen…
O.C.G.A. § 33-38-11 Records of meetings and negotiations of the association
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Records shall be kept of all negotiations and meetings in which the association or its representatives are involved to discuss the activities of the association in carrying out its powers and duties under Code Section 33-38-7. The records of the association with respect to an imp…
O.C.G.A. § 33-38-12 Member insurers, §33-38-16
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Functions. Generally, §33-38-5. Immunity from liability, §33-38-14. Insolvent insurer protection. Purpose of association, §33-38-1. Meetings. Records, §33-38-11. Membership. Assessments against member insurers, §33-38-15. Required membership, §33-38-5. Negotiations. Records, §33-…
O.C.G.A. § 33-38-13 Exemption of the association from taxation
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The association shall be exempt from all taxation in this state based upon income or gross receipts and shall likewise be exempt from all state and local occupation license and business fees and occupation license and business taxes. History. — Code 1933, § 56-2213, enacted by Ga…
O.C.G.A. § 33-38-15 Assessments against member insurers
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(a) For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers separately for the health account and for each subaccount of the life insurance and annuity account at such time and…
O.C.G.A. § 33-38-16 Powers and duties
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Generally, §33-38-10. Limited purpose subsidiary life insurance companies. Rules to be adopted by commissioner, §33-14-109. Misrepresentations by director, officer, agent or employee of company. Reporting, §33-1-8. Mutual insurance holding companies. Rulemaking to implement provi…
O.C.G.A. § 33-38-18 DEFENSES
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Insurance companies. Rehabilitation and liquidation. Liquidation orders, §33-37-15. DEFINED TERMS. Accident and health insurance. Insurance companies, standard valuation law, §33-10-13. DEFINED TERMS —Cont’d Accident and sickness contract, policy or benefit plan. Autism spectrum d…
O.C.G.A. § 33-38-19 Notification as to effect of chapter
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The liquidator, rehabilitator, or conservator of any impaired insurer may notify all interested persons of the effect of this chapter. History. — Code 1933, § 56-2209, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786. 33-38-20. Appeal to the Commissioner; jud…
O.C.G.A. § 33-38-2 Scope
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(a) This chapter shall provide coverage to the persons specified in subsection (b) of this Code section for policies or contracts of direct, nongroup life insurance; health insurance which for the purposes of this chapter includes health maintenance organization subscriber contrac…
O.C.G.A. § 33-38-20 Appeal to the Commissioner; judicial review
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Any action of the board of directors may be appealed to the Commissioner by any member insurer if such appeal is taken within 60 days of its receipt of notice of the action being appealed. Any final action or order of the Commissioner shall be subject to judicial review in a court…
O.C.G.A. § 33-38-22 Mutual insurance holding companies
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Liability for taxes, §33-13A-12. Penalty for failure to pay premium taxes, §33-8-6. Preemption by state, §33-8-8. Premium taxes by county or municipal corporation, §§33-8-8.1 to 33-8-8.6. INSURANCE COMPANIES —Cont’d Taxes —Cont’d Privileged nature of information secured by commis…
O.C.G.A. § 33-38-3 Construction
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This chapter shall be construed to effect the purpose set forth in Code Section 33-38-1. 775 33-38-4 History. — Code 1933, § 56-2218, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786.
O.C.G.A. § 33-38-4 Definitions
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As used in this chapter, the term: (1) ‘‘Account” means any of the two accounts created under Code Section 33-38-5. (2) ‘‘Affiliate” means any person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the p…
O.C.G.A. § 33-38-7 Powers and duties of the association generally
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(a) In addition to the powers and duties enumerated elsewhere in this chapter, the association shall have the following powers and duties: (1) If a member insurer is an impaired insurer, the association, subject to any conditions, other than those conditions which impair the cont…
O.C.G.A. § 33-38-8 Powers
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Delegation, §33-38-9. Enumerated, §33-38-7. Generally, §33-38-5. Protest of assessment by member insurer, §33-38-15. Purpose, §33-38-1. Recordkeeping duties, §33-38-11. INSURANCE COMPANIES —Cont’d Life and health insurance guaranty association —Cont’d Scope of provisions, §33-38-…
O.C.G.A. § 33-38-9 Delegation of powers and duties of the association
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The plan of operation described in Code Section 33-38-8 may provide that any or all powers and duties of the association, except those under subparagraph (a)(14)(C) of Code Section 33-38-7 and Code Section 33-38-15, shall be delegated to a corporation, association, or other organ…