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2018 Georgia Code 33-36-10 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 33-36-10 Case Law from Google Scholar Amendments to OCGA 33-36-10

TITLE 33 INSURANCE

Section 36. Georgia Insurers Insolvency Pool, 33-36-1 through 33-36-20.

ARTICLE 2 PREFERRED PROVIDER ARRANGEMENTS

33-36-10. Recovery under chapter of covered claims recoverable under insolvency funds of other states.

  1. It is not the purpose of this chapter to provide or permit duplicate recoveries of covered claims under this chapter and an insolvency fund or its equivalent of any other state. In the construction and application of this chapter with respect to a covered claim which may be recoverable under this chapter and under an insolvency fund or its equivalent in another state, the sole recovery: (1) with respect to a workers' compensation claim, shall be under the insolvency fund or its equivalent of the state of residence of the claimant; (2) with respect to a first-party claim of an insured for damage to or destruction of property with a permanent location, shall be under the insolvency fund or its equivalent of the state where the property is permanently situated; and (3) with respect to any other covered claim, shall be under the insolvency fund or its equivalent of the state of residence of the insured.
  2. Any recovery obtained from the pool pursuant to this chapter shall be reduced by those amounts recovered in any other state from a similar or equivalent insolvency fund in such state when the recovery was obtained by the same claimant for the same claim filed against the pool in this state.

(Ga. L. 1970, p. 700, § 16; Ga. L. 1989, p. 74, § 6.)

JUDICIAL DECISIONS

Choice of law.

- Georgia Insurers Insolvency Pool Act, O.C.G.A. § 33-36-1 et seq., did not bar assignee's subrogation claim against insolvent Florida insurer based on negligent construction of power lines that killed a worker in Georgia because it was not a "covered claim" under O.C.G.A. § 33-36-3(4); also, O.C.G.A. § 33-36-10 did not mandate application of the Florida Insurance Guaranty Association Act, Fla. Stat. § 631.50-.70 because O.C.G.A. § 33-36-10 was intended to prevent duplicative recoveries when more than one state's insolvent insurer scheme applied, rather than to referee the more general question of which state's statutory scheme controlled in a conflict of law situation. Federated Rural Elec. Ins. Exch. v. R. D. Moody & Assocs., 468 F.3d 1322 (11th Cir. 2006).

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