Title 33 — Title 33
0 chapters · 1,218 sections in this title.
O.C.G.A. § 33-37-43 Payment of distributions
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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
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(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
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(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
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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
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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
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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
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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
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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
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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
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Mandated, §33-37-6. Costs. Liquidator. Application for discharge. Liquidator resisting application, §33-37-45. Courts.
O.C.G.A. § 33-37-54 Notice
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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
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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
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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…
O.C.G.A. § 33-37-57 Property
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Preferential transfers, §33-37-27. Transfer in good faith, §33-37-26. Publication. Assessments against member of insurer. Show cause orders, §33-37-30. Purposes of chapter, §33-37-1. Real property. Preferential transfers, §33-37-27. INSURANCE COMPANIES —Cont’d Rehabilitation and …
O.C.G.A. § 33-37-58 Failure of ancillary receiver to transfer assets
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If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this state any assets within his control other than special deposits, diminished only by the expenses of the ancillary receivership…
O.C.G.A. § 33-37-6 Generally, §§33-37-1 to 33-37-58
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Jurisdiction, §33-37-4. Release of deposits, §33-12-9. Reserves. Loss reserves, §33-10-12. Risk retention groups. Enforcement of provisions, §33-40-17. Compliance self-evaluation privilege, §33-2-34. Confidentiality of information. Annual filings with National Association of Insura…
O.C.G.A. § 33-37-7 Effect of enactment of chapter on pending proceedings
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Reserved. Repealed by Ga. L. 2019, p. 386, § 132/SB 133, effective July 1, 2019. 712 33-37-8.1 Editor’s notes. — This Code section was based on Code 1981, § 33-37-7, enacted by Ga. L. 1991, p. 1424, § 7. 33-37-8. Prohibition against release from proceedings or continuing business…
O.C.G.A. § 33-37-8 Prohibition against release from proceedings or continuing business
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No insurer that is subject to any delinquency proceedings, whether formal or informal, administrative or judicial, shall: (1) Be released from such proceeding, unless such proceeding is converted into a judicial rehabilitation or liquidation proceeding; (2) Be permitted to solici…
O.C.G.A. § 33-37-8.1 Risk-based capital levels
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Commissioner and department, §33-56-11. Insurance rating, etc., organizations, §33-9-34. Life and health insurance guaranty association, §33-38-14. Life settlements act. Examination of licensees, §33-59-7. Reports of violations, §33-59-14. Managed health care plans. Patient’s rig…
O.C.G.A. § 33-37-9 Continuing business
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Prohibition, §33-37-8. Defined, §33-37-3. Jurisdiction, §33-37-4. Obstructing or interfering with, §33-37-6. Reinsurers.
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…
O.C.G.A. § 33-39-1 Purpose of chapter
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The purpose of this chapter is to establish standards for the collection, use, and disclosure of information gathered in connection with insurance transactions by insurance institutions, agents, or insurance-support organizations; to maintain a balance between the need for inform…
O.C.G.A. § 33-39-10 Requests to correct, amend, or delete recorded personal information
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(a) Within 30 business days from the date of receipt of a written request from an individual to correct, amend, or delete any recorded personal information about the individual within its possession, an insurance institution, agent, or insurance-support organization shall either:…
O.C.G.A. § 33-39-12 Consumer reports
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Investigative reports, §33-39-8. Definitions, §33-39-3. False information. Civil remedy, §33-39-22. False pretenses, §33-39-23. Interviews. Pretext interviews, §33-39-4. Investigations by commissioner, §33-39-15. Investigative consumer reports, §33-39-8. Marketing information.
O.C.G.A. § 33-39-13 Limitation of adverse underwriting decisions
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(a) No insurance institution or agent may base an adverse underwriting decision in whole or in part: (1) On the fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism; provided,…
O.C.G.A. § 33-39-14 Purpose of chapter, §33-39-1
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Recorded personal information. Access to, §33-39-9. Requests to correct, amend or delete, §33-39-10. Research information. Specification of questions designed to obtain, §33-39-6. Rights granted by chapter. Extension, §33-39-2. Standards. Development. Purpose of chapter, §33-39-1.…
O.C.G.A. § 33-39-15 Insolvent insurers
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Claims against, §33-36-9. Unfair trade practices. Commissioner’s investigation, §33-6-6. Rights of person being investigated, §33-6-7. Investment pools, §§33-11-80 to 33-11-89. Acquisition of investments, §33-11-83.
O.C.G.A. § 33-39-18 Statute of limitations, §33-39-21
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Insurable interest. Defined, §33-24-4. Personal insurance, §33-24-3. Property insurance, §33-24-4. Insurance holding company systems, §§33-13-1 to 33-13-15. Insurance premium finance companies, §§33-22-1 to 33-22-16. Insurance scores. Use in underwriting and rate risking. Prohibiti…
O.C.G.A. § 33-39-19 Service, §33-39-18
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Costs, §33-39-21. Damages recoverable, §33-39-21. Equitable relief, §33-39-21. Hearings, §33-39-16. Limitation on remedy or recovery, §33-39-21. Monetary penalty, §33-39-19.
O.C.G.A. § 33-39-2 Purpose of chapter
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Applicability of obligations imposed by chapter; extension of rights granted by chapter; applicability of chapter to information from public records pertaining to title insurance. 33-39-3. Definitions.
O.C.G.A. § 33-39-20 Order or report of Commissioner
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(a) Any person subject to an order of the Commissioner under Code Section 33-39-18 or Code Section 33-39-19 or any person whose rights under this chapter were allegedly violated may obtain a review of any order or report of the Commissioner by filing in the Superior Court of Fulto…
O.C.G.A. § 33-39-21 Monetary penalty, §33-39-19
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Notice of hearing, §33-39-16. Order of commissioner, §33-39-20. Setting aside, §33-39-18. INSURANCE —Cont’d Information gathered by insurance institutions —Cont’d Collection, use and disclosure —Cont’d Violations of chapter —Cont’d Report of commissioner, §33-39-20. Setting aside…
O.C.G.A. § 33-39-23 Investments
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Protection and furtherance of investments. Information furnished to commissioner, §33-11-62. Own risk and solvency assessment (ORSA) summary reports. Legislative intent, §33-13-30. Proprietary and secret nature of report and information contained, §33-13-38. Rehabilitation and li…
O.C.G.A. § 33-39-3 Definitions
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As used in this chapter: (1) ‘‘Adverse underwriting decision’’ means: (A) Any of the following actions with respect to insurance transactions involving insurance coverage which is individually underwritten: (i) A declination of insurance coverage; (ii) A termination of insurance …