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2018 Georgia Code 36-85-4 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 36-85-4 Case Law from Google Scholar Amendments to OCGA 36-85-4

TITLE 36 LOCAL GOVERNMENT

Chapter 85 information not found

ARTICLE 11 INTEREST RATE MANAGEMENT AGREEMENTS

36-85-4. Agency not an insurer.

An interlocal risk management agency created pursuant to this chapter is not an insurance company or an insurer under Title 33, and the development and administration by such agency of one or more group self-insurance funds shall not constitute doing business as an insurer.

(Code 1981, §36-85-4, enacted by Ga. L. 1986, p. 1496, § 1.)

JUDICIAL DECISIONS

Coverage agreement with Georgia Interlocal Risk Management Agency excluded uninsured and underinsured motorist protection.

- Court of appeals correctly determined that no statute required that a city's agreement with the Georgia Interlocal Risk Management Agency (GIRMA) had to meet the uninsured and underinsured motorist coverage requirements that an insurance policy issued by an insurer had to meet pursuant to O.C.G.A. § 33-7-11 because the General Assembly explicitly declared that GIRMA was not an insurer; the city's agreement with GIRMA was limited to its express terms and did not include underinsured motorist protection. Godfrey v. Ga. Interlocal Risk Mgmt. Agency, 290 Ga. 211, 719 S.E.2d 412 (2011).

Cited in Adams v. Perdue, 199 Ga. App. 476, 405 S.E.2d 305 (1991).

Cases Citing O.C.G.A. § 36-85-4

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Godfrey v. Georgia Interlocal Risk Mgmt. Agency, 290 Ga. 211 (Ga. 2011).

Cited 13 times | Published | Supreme Court of Georgia | Oct 17, 2011 | 719 S.E.2d 412, 2011 Fulton County D. Rep. 3162

...vers. But, there is no statutory authority supporting the conclusion that such was intended by the General Assembly’s narrow waiver of municipal liability through the mechanism that GIRMA represents. Rather, the statutes belie such an intent. OCGA § 36-85-4 reads: An interlocal risk management agency created pursuant to this chapter is not an insurance company or an insurer under Title 33, and the development and administration by such agency of one or more group self-insurance funds shall not constitute doing business as an insurer. Although the Godfreys describe OCGA § 36-85-4 as merely “nominally excluding” GIRMA from the arena of commercial insurance policies, the General Assembly’s enactment must be given weight....