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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

22 sections·Filtered byTitle 33✕Ch 38✕

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 Examination of the association by the Commissioner; annual report
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The association shall be subject to examination and regulation by the Commissioner. Notwithstanding the foregoing, whether such examinations shall be conducted and the frequency of any such examination shall be at the sole discretion of the Commissioner. The board of directors sh…

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. § 33-38-14 Immunity from liability for actions or omissions in performance of powers and duties pursuant to 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 or its agents or employees, the association or its agents or employees, members of the board of directors, or the Commissioner or his or her representatives, for…

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 Reports and recommendations as to solvency of companies; board may report information as to insolvency of member insurer; examinations of member insurers; reports of insurer insolvencies

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(a) The board of directors may, upon majority vote, make reports and recommendations to the Commissioner upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any member insurer, or to the solvency of any health maintenance organization, insurer…

O.C.G.A. § 33-38-17 Assessment liability, association as creditor of insolvent or impaired insurer; distribution of insolvent insurer’s ownership rights; reimbursement of association from disbursement of marshaled assets

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(a) This chapter shall not be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment liability. (b) For the purpose of carrying out its obligations under this chapter, the association sha…

O.C.G.A. § 33-38-18 Stay of court proceedings to which insolvent insurer is a party; setting aside of default judgments

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All proceedings in any court in this state in which the insolvent insurer is a party shall be stayed 180 days from the date of a ﬁnal order of liquidation, rehabilitation, or conservation to permit proper legal action by the association on any matters germane to its powers or dut…

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.

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. § 33-38-21 References to the association in advertisements for insurance

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(a) No person, including a member insurer or agent or affiliate of a member 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 newspa…

O.C.G.A. § 33-38-22 Premium tax liability offsets; refunds offset against taxes

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(a) A member insurer may offset against its premium tax liability to this state an assessment described in Code Section 33-38-15 to the extent of 20 percent of the amount of such assessment for each of the ﬁve calendar years following the year in which such assessment was paid. I…

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. 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. § 33-38-5 Creation; required membership; functions and powers; supervision of association; accounts for administration and assessment

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(a) There is created a nonproﬁt, unincorporated association to be known as the Georgia Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance, a health maintenance …

O.C.G.A. § 33-38-6 Membership of the board of directors; vacancies; compensation and reimbursement of expenses

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(a) The board of directors of the association shall consist of not less than seven nor more than 11 member insurers serving terms as established in the plan of operation. The members of the board shall be selected by the Commissioner from a list provided to the Commissioner from …

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 Submission of plan of operation; contents; compliance with such plan

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(a) The association shall submit to the Commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments thereto shall become effective upon …

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…