O.C.G.A.

O.C.G.A. § 33-36-13 (2019)

Allowance of claims by receivers, liquidators, or statutory successors; appointment of pool as insurer’s agent

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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With respect to insolvent insurers incorporated in this state, the receiver, liquidator, or statutory successor shall allow as a proper claim on the assets of the insolvent insurer amounts paid under this chapter by or on behalf of the pool or paid by an insolvency fund or its equivalent in another state on or with respect to covered claims, notwithstanding provisions to the contrary in any statute of this state relating to the rights and duties of such receiver, liquidator, or statutory successor. As a condition of an insurer doing business in this state, all property and casualty insurance policies issued or renewed shall be deemed to provide that the insurer appoints the pool as its agent with respect to investigation, adjustment, compromise, and settlement of covered claims and to reimburse the pool for any payment made under the terms of this chapter, and that such appointment and obligation shall be binding on any receiver, liquidator, or statutory successor appointed to liquidate or wind up its affairs.

History

Ga. L. 1970, p. 700, § 10; Ga. L. 2005, p. 563, § 19/HB 407.

Annotations

Editor’s notes. - Ga. L. 2005, p. 563, § 24/HB 407, not codified by the General Assembly, provides that the amendment to this Code section shall apply to insolvencies which occur on or after July 1, 2005. Ga. L. 2006, p. 887, § 1/HB 1444, not

codified by the General Assembly, amended Ga. L. 2005, p. 563, § 24,/HB 407 to read: ‘‘The provisions of Section 12 of this Act shall apply to insolvencies that occur on or after the effective date of this Act. All other provisions shall apply as of the effective date of this Act.’’ Ga. L. 2005, p. 563, became effective July 1, 2005.

Notes of Decisions
Cited in 1 case, 1992–1992 · leading case: Georgia Insurers Insol. Pool v. Brewer, 602 So. 2d 1264 (Fla. 1992).
Georgia Insurers Insol. Pool v. Brewer, 602 So. 2d 1264 (Fla. 1992). “[6] GIIP's statutory provisions indicate that, upon a member insurer's insolvency, GIIP is appointed as the insurer's "agent with respect to investigation, adjustment, compromise, and settlement of covered claims.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.