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2018 Georgia Code 20-2-2002 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 20-2-2002 Case Law from Google Scholar Amendments to OCGA 20-2-2002

TITLE 20 EDUCATION

Section 2. Elementary and Secondary Education, 20-2-1 through 20-2-2180.

ARTICLE 29 INTERLOCAL RISK MANAGEMENT AGENCY

20-2-2002. Establishment; membership.

  1. A group of boards of education may execute an intergovernmental contract among themselves to form and become members of an interlocal risk management agency. After an interlocal risk management agency has been formed, any board of education may, subject to the bylaws and requirements of such agency, become a member and, through participation in the agency, may:
    1. Pool its general liability risks in whole or in part with those of other boards of education;
    2. Pool its motor vehicle liability risks in whole or in part with those of other boards of education;
    3. Pool its property damage risks in whole or in part with those of other boards of education; or
    4. Jointly purchase general liability, motor vehicle liability, or property damage insurance with other boards of education participating in and belonging to the interlocal risk management agency, the participating boards of education to be coinsured under a master policy or policies with the total premium apportioned among such participants.
  2. Except for the boards of education of independent school systems which elect to participate in an interlocal risk management agency for municipalities established pursuant to Chapter 85 of Title 36, there shall be only one interlocal risk management agency established for boards of education; provided, however, if the Commissioner determines that there are special or unique circumstances or special needs of groups of boards of education which justify the establishment of an additional interlocal risk management agency or agencies, he may authorize the establishment of such additional agency or agencies.Each agency may establish such group self-insurance funds as may be authorized by the Commissioner.
  3. All arrangements and agreements made under the authority of this article shall be in writing. A board of education may become a member of an interlocal risk management agency by the adoption of a resolution by the board of education. The interlocal risk management agency shall operate under such name and style as shall be provided in the intergovernmental contract creating such agency and shall have the power to bring and defend actions in all courts.
  4. All books, records, and files maintained by any administrator of any fund established by the agency, including but not limited to audit data and all active and inactive claim files, shall at all times be the sole property of the agency and shall be surrendered immediately to the agency upon demand.

(Code 1981, §20-2-2002, enacted by Ga. L. 1986, p. 1172, § 1; Ga. L. 1987, p. 3, § 20; Ga. L. 1988, p. 1960, § 2; Ga. L. 1991, p. 717, § 1.)

Cases Citing O.C.G.A. § 20-2-2002

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Nat'l Cas. Co. v. Ga. Sch. Bds. Ass'n-Risk Mgmt. Fund, 818 S.E.2d 250 (Ga. 2018).

Cited 22 times | Published | Supreme Court of Georgia | Aug 14, 2018 | 304 Ga. 224

...rticle 29 of Chapter 2 of Title 20 of the Georgia Code, OCGA § 20-2-2001 et seq.2 The gravamen of the question certified3 is whether Georgia law or public policy precludes a commercial insurance policy that is excess to coverage provided under OCGA § 20-2-2002.4 For the reasons which follow, we conclude that there is no such prohibition. *252**225Factual Background The facts as found by the District Court are the following....
...Georgia.6 In order to address such crisis, boards of education are permitted to pool their general liability risks to form and become members of interlocal risk management agencies as an alternative to purchasing commercial liability insurance. OCGA § 20-2-2002....
...l company has a provision that states that the policy is excess to the liability of another insurer overlapping coverage and that provision conflicts with the excess coverage provision in an insurance agreement issued by an agency created under OCGA § 20-2-2002, does the irreconcilable provision rule as set forth in State Farm Fire & Cas. Co. v. Holton , 131 Ga. App. 247, 205 S.E.2d 872 (1974), require each insurer to pay a pro rata share of the loss? OCGA § 20-2-2002 provides: (a) A group of boards of education may execute an intergovernmental contract among themselves to form and become members of an interlocal risk management agency....
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Nat'l Cas. Co. v. Georgia Sch. Boards Ass'n-Risk Mgmt. Fund, 304 Ga. 224 (Ga. 2018).

Cited 1 times | Published | Supreme Court of Georgia | Aug 14, 2018

...rlapping coverage and . . . that provision conflicts with the excess coverage provision in an insurance agreement issued by Georgia law or public policy precludes a commercial insurance policy that is excess to coverage provided under OCGA § 20-2-2002.4 For the reasons that an agency created under OCGA § 20-2-2002, does the irreconcilable provision rule [as set forth in State Farm Fire & Cas. Co. v. Holton, 131 Ga. App. 247 (205 SE2d 872) (1974)], require each insurer to pay a pro rata share of the loss? 4 OCGA § 20-2-2002 provides: (a) A group of boards of education may execute an intergovernmental contract among themselves to form and become members of an interlocal risk management agency....
...Georgia.6 In order to address such crisis, boards of education are permitted to pool their general liability risks to form and become members of interlocal risk management agencies as an alternative to purchasing commercial liability insurance. OCGA § 20-2-2002....