O.C.G.A.
O.C.G.A. § 20-2-2004 (2019)
Agency is not an insurer
✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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An interlocal risk management agency created pursuant to this article 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.
History
Code 1981, § 20-2-2004, enacted by Ga. L. 1986, p. 1172, § 1.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2017–2022 · leading case: Nat'l Cas. Co. v. Ga. Sch. Bds. Ass'n-Risk Mgmt. Fund, 818 S.E.2d 250 (Ga. 2018).
Nat'l Cas. Co. v. Ga. Sch. Bds. Ass'n-Risk Mgmt. Fund, 818 S.E.2d 250 (Ga. 2018). “Risk Fund also cites OCGA § 20-2-2004 in support of its argument that interlocal risk management pools are exempt from any discussion of priority as between such risk pools and commercial insurance.”
Nat'l Cas. Co. v. Georgia Sch. Boards Ass'n-Risk Mgmt. Fund, 304 Ga. 224 (Ga. 2018). “OCGA § 20-2-2004 does provide that “[a]n interlocal risk management 10 I, Section II, Paragraph IX of the 1983 Constitution, which waived sovereign immunity for the State or its agencies when there was liability insurance covering the subject claims.”
Nat'l Cas. Co. v. Georgia Sch. Boards Ass'n-Risk Mgmt. Fund, 261 F. Supp. 3d 1316 (N.D. Ga. 2017). “O.C.G.A. § 20-2-2004. Risk Fund’s risk-sharing arrangement is set out in coverage agreements entered into by Risk Fund and its members (the “Coverage Agreements”).”
Nat'l Cas. Co. v. Georgia Sch. Bd. Ass'n-Risk Mgmt. Fund (11th Cir. 2022). “” O.C.G.A. § 20-2-2004. Rather, its members share risk as set out in coverage agreements and are jointly and severally liable for the legal obligations arising under the agreements.”
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