O.C.G.A.
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.
Statute text
There is created a Georgia Insurers Insolvency Pool which shall consist of three accounts: (1) workers' compensation account; (2) automobile account; and (3) all other covered insurance account. The pool shall be responsible for the investigation, adjustment, compromise, settlement, and payment of covered claims; for the investigation, handling, and denial of noncovered claims; and for the management and investment of funds administered by the pool. The members of the pool shall be responsible for the payment of assessments levied pursuant to subsection (b) of Code Section 33-36-7; for adherence to the rules of the plan approved pursuant to Code Section 33-36-6; and for other obligations imposed by this chapter. The pool shall come under the immediate supervision of the Commissioner and shall be subject to the applicable provisions of the insurance laws of this state.
History
(Ga. L. 1970, p. 700, § 2; Ga. L. 1985, p. 1485, § 1; Ga. L. 1987, p. 3, § 33; Ga. L. 2005, p. 563, § 11/HB 407.)
Annotations
Editor's notes. - Ga. L. 1985, p. 1485, § 9, not codified by the General Assembly, provided that that Act would be applicable to all insolvencies occurring on or after July 1, 1985.
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.
JUDICIAL DECISIONS
Purpose and practice of insolvency pool. - Georgia Insurers Insolvency Pool was created as a non-profit industry financed buffer between an individual policyholder and an insurer in the event an insurer becomes insolvent; it is not an alternative source of recovery of non-coverage claims against the insolvent insurer. Reimbursement Consultants, Inc. v. Georgia Insurers Insolvency Pool, 207 Ga. App. 230, 427 S.E.2d 519 (1993).
When an insurer becomes insolvent, the Georgia Insurers Insolvency Pool is required to fulfill the insurer's obligations to the insured. United States v. Rutland, Inc., 849 F. Supp. 806 (S.D. Ga. 1994), aff'd, 46 F.3d 71 (11th Cir. 1995).
Construction of exhaustion provision. - Georgia Court of Appeals held that the plain language of O.C.G.A. § 33-36-14(a) did not require that the amount of offset must be for the same claim or for amounts paid by a solvent carrier that were also at issue under an insolvent carrier's policy underlying a claim against Georgia's Insurers Insolvency Pool. Georgia Insurers Insolvency Pool v. Dubose, 349 Ga. App. 238, 825 S.E.2d 606 (2019).
Cited in Georgia Insurers Insolvency Pool v. Elbert County, 258 Ga. 317, 368 S.E.2d 500 (1988); Norman Enters. Interior Design, Inc. v. DeKalb County, 245 Ga. App. 538, 538 S.E.2d 130 (2000); Lumpkin County v. Ga. Insurers Insolvency Pool, 292 Ga. 76, 734 S.E.2d 880 (2012).
Notes of Decisions
G & Mss Trucking, Inc. v. Rich, 479 S.E.2d 761 (Ga. Ct. App. 1996).
· cites it 12× “It exacts an assessment against solvent insurers, and its availability to a plaintiff depends on that plaintiff's diligence in exhausting first his rights against his own solvent insurer.”
Georgia Insurers Insolvency Pool v. Elbert Cnty., 368 S.E.2d 500 (Ga. 1988).
· cites it 2× “” OCGA § 33-36-2. The legislature has simply chosen to provide this remedy to certain groups or “persons” and exclude others with very large financial resources.”
Lumpkin Cnty. v. Georgia Insurers Insolvency Pool, 734 S.E.2d 880 (Ga. 2012).
· cites it 2× “) OCGA § 33-36-2. The Act also provides certain exceptions from GIIP coverage under OCGA § 33-36-3 (4) (G), which states in relevant part: A covered claim shall not include .”
Georgia Insurers Insolvency Pool v. Hulsey Env't Servs., Inc., 748 S.E.2d 380 (Ga. 2013).
· cites it 4× “GIIP is composed of member insurance companies, OCGA § 33-36-5, which fund GIIP by paying assessments in proportion to their “net direct written premiums in this state.” OCGA § 33-36-7 (b). The Southeastern United States Insurance Company (“SEUS”) became a member of GIIP on June…”
Colwell v. Voyager Cas. Ins. Co., 363 S.E.2d 310 (Ga. Ct. App. 1987).
· cites it 2× “) OCGA § 33-36-2. Since appellants seek only damages based upon appellee’s alleged failure to perform its statutory obligations pursuant to OCGA § 33-34-6, to hold that they can proceed against the GIIP on their claims would be to authorize the dissipation of funds which were…”
Norman Enter. Interior Design, Inc. v. Dekalb Cnty., 538 S.E.2d 130 (Ga. Ct. App. 2000).
· cites it 2× “) OCGA § 33-36-2. However, OCGA § 33-36-3 (2) (F) specifically provides that a “covered claim shall not include any obligation to insurers, insurance pools, underwriting associations, or any person which has a net worth greater than $3 million at the time of the insured event.”
Garel v. Georgia Insurers' Insolvency Pool, 382 S.E.2d 400 (Ga. Ct. App. 1989).
· cites it 2× “In the cited orders the trial court set forth as authorization for its disposition of the motions OCGA §§ 33-36-2; 33-36-3; 33-36-9; and 33-34-6, together with Colwell v.”
Reimbursement Consultants, Inc. v. Georgia Insurers Insolvency Pool, 427 S.E.2d 519 (Ga. Ct. App. 1993).
· cites it 2× “Its purpose as stated in OCGA § 33-36-2 “is to provide a remedy for covered claims under property and casualty insurance policies when the insurer has become insolvent and is unable to perform its contractual obligations.”
Georgia Insurers Insolvency Pool v. Moore, 333 S.E.2d 383 (Ga. Ct. App. 1985).
· cites it 2× “” OCGA § 33-36-2. When the insurer becomes insolvent, the insurer’s coverage becomes “the obligation of the pool for a period of 30 days from the date of such determination or until policy expiration date if less than said 30 days.”
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