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GEORGIA CODE (Last Updated: August 20, 2013) |
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Title 33. INSURANCE |
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Chapter 36. GEORGIA INSURERS INSOLVENCY POOL |
| § 33-36-1. Short title |
| § 33-36-2. Creation; accounts; responsibility; supervision and regulation |
| § 33-36-3. Definitions |
| § 33-36-4. Insurers Solvency Board |
| § 33-36-5. Insurers required to become members of pool |
| § 33-36-6. Plan to govern members; rules; requirements for plan; assignment of claims or judgments against insolvent insurers; claimants of assets of insolvent insurers; jurisdiction; venue |
| § 33-36-7. Levy of assessments against insurers; reimbursement of expenses; refunds of assessments |
| § 33-36-7.1. Surcharge on premiums to recoup assessments; disclosure to insureds; excess surcharges, exception where the expense of collection would exceed the amount of the surcharge |
| § 33-36-8. Issuance by Commissioner of notice of judicial determination of insolvency of insurer; requirement of notification of insureds by agents of insurer; publication of notice |
| § 33-36-9. Coverage afforded by insolvent insurers to become obligation of pool; investigation and settlement of claims by pool |
| § 33-36-10. Recovery under chapter of covered claims recoverable under insolvency funds of other states |
| § 33-36-11. Limitation for filing claims; claims filed after final date set by court; default judgments |
| § 33-36-12. Powers and duties of Commissioner as to collection of assessments; judicial review |
| § 33-36-13. Allowance of claims by receivers, liquidators, or statutory successors; appointment of pool as insurer's agent |
| § 33-36-14.1. Recommendations and report by the board of trustees |
| § 33-36-15. Examination of pool |
| § 33-36-16. Exemption from taxation of pool |
| § 33-36-16.1. Immunity from liability for performance of powers and duties under this chapter |
| § 33-36-17. Termination of operation of pool as to particular kinds of insurance; proceeds upon termination of operation of pool; expiration of pool |
| § 33-36-18. Appeal to Commissioner; judicial review |
| § 33-36-19. Advertisements, announcements, or statements using insolvency pool for purpose of sales |
| § 33-36-20. Liability of pool to claimants and electing insureds in emergency circumstances; definitions; exceptions |
REFS & ANNOS
TITLE 33 Chapter 36 NOTE
LAW REVIEWS. --For article, "Why Captives, Lord, What Have They Ever Done?: The Georgia Captive Insurance Company Act," see 26 Ga. St. B.J. 119 (1990).
OPINIONS OF THE ATTORNEY GENERAL
SELF-REGULATION. --One indirect effect of Ga. L. 1970, p. 700 (see O.C.G.A. Ch. 36, T. 33) is to induce a degree of self-regulation by the insurance industry; another, more direct consequence of Ga. L. 1970, p. 700 is to provide an industry-financed buffer between an individual policyholder and the policyholder's insurer in the event the latter does become insolvent. 1972 Op. Att'y Gen. No. 72-158.
CONTRACTS COVERING LOSSES INCURRED BY AUTOMOBILE DEALERS UNDER WARRANTY AGREEMENTS are of the type of insurance covered by O.C.G.A. Ch. 36, T. 33. 1981 Op. Att'y Gen. No. 81-95.
RESEARCH REFERENCES
ALR. --Right of policyholder having matured claim to priority over other policyholders in the distribution of assets of insolvent insurance company, 1 ALR 598.
What constitutes insolvency of insurance company justifying state dissolution proceedings and the like, 17 ALR4th 16.
Validity, construction, and effect of statute establishing compensation for claims not paid because of insurer's insolvency, 30 ALR4th 1110.
OPINIONS OF THE ATTORNEY GENERAL
SELF-REGULATION. --One indirect effect of Ga. L. 1970, p. 700 (see O.C.G.A. Ch. 36, T. 33) is to induce a degree of self-regulation by the insurance industry; another, more direct consequence of Ga. L. 1970, p. 700 is to provide an industry-financed buffer between an individual policyholder and the policyholder's insurer in the event the latter does become insolvent. 1972 Op. Att'y Gen. No. 72-158.
CONTRACTS COVERING LOSSES INCURRED BY AUTOMOBILE DEALERS UNDER WARRANTY AGREEMENTS are of the type of insurance covered by O.C.G.A. Ch. 36, T. 33. 1981 Op. Att'y Gen. No. 81-95.
RESEARCH REFERENCES
ALR. --Right of policyholder having matured claim to priority over other policyholders in the distribution of assets of insolvent insurance company, 1 ALR 598.
What constitutes insolvency of insurance company justifying state dissolution proceedings and the like, 17 ALR4th 16.
Validity, construction, and effect of statute establishing compensation for claims not paid because of insurer's insolvency, 30 ALR4th 1110.