Title 33 — Title 33
0 chapters · 1,218 sections in this title.
O.C.G.A. § 33-36-11 Assignment, §33-36-6
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Claims filed after final date set by court, §33-36-11. Default judgments, §33-36-11. Defense of, §33-36-6. Exhaustion of rights by claimants prior to recovery, §33-36-14. Investigation and settlement by pool, §33-36-9. Limitations period for filing, §33-36-11. Recovery of payment to…
O.C.G.A. § 33-36-14 Jefferson Ins
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Co. v. Thomas, 278 Ga. App. 89, 628 S.E.2d 171 (2006). Medical expenses paid by an insured’s own carrier reduced the liability of the Georgia Insurers Insolvency Pool; the fact such carrier might have a subrogation claim against the tortfeasor did not give the insured the right t…
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 Insurers solvency board, §33-36-4
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Investigation of claims by pool, §33-36-9. Judgments against insolvent insurers.
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. § 33-36-20 Actions against, §33-36-6
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Advertisements or announcements using pool for purpose of sales, §33-36-19. Appeal of action of insurers solvency board, §33-36-18. Appointment of pool as insurer’s agent, §33-36-13. Assessments against insurers, §33-36-7. Collection by commissioner, §33-36-12. Recoupment by surc…
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 Purpose, §33-36-2
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Recovery under chapter of covered claims recoverable under insolvency funds of other states, §33-36-10. Report by board of trustees, §33-36-14.1. Risk retention groups, §33-40-12.
O.C.G.A. § 33-36-9 Judgments against insolvent insurers
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Assignment, §33-36-6. Membership. Required of property or casualty insurers, §33-36-5. Membership plan, §33-36-6. Notice of judicial determination of insolvency of insurer, §33-36-8. Plan provisions and requirements, §33-36-6. Purpose, §33-36-2.
O.C.G.A. § 33-37-1 Construction and purpose of chapter
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(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
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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
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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
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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
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(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
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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
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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
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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
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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
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(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
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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
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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
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(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
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(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
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(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
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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
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(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
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(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
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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
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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
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(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
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(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
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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
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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
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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
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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
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(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
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(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
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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
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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
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(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
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(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
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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
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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
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(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
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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
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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…