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2018 Georgia Code 33-36-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 33-36-2 Case Law from Google Scholar Amendments to OCGA 33-36-2

TITLE 33 INSURANCE

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

ARTICLE 2 PREFERRED PROVIDER ARRANGEMENTS

33-36-2. Creation; accounts; responsibility; supervision and regulation.

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.

(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.)

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).

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).

Cases Citing O.C.G.A. § 33-36-2

Total Results: 7  |  Sort by: Relevance  |  Newest First

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Georgia Insurers Insolvency Pool v. Elbert Cnty., 368 S.E.2d 500 (Ga. 1988).

Cited 60 times | Published | Supreme Court of Georgia | Jun 1, 1988 | 258 Ga. 317

...We first point out that OCGA § 33-36-3 (2) (F) does not abridge any right or interest of a sovereign to whom the Act may apply. But for the Georgia Insurers Insolvency Pool Act, there would be no "remedy for covered claims under property and casualty insurance policies when the insurer has become insolvent. . ." OCGA § 33-36-2....
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Russell v. State, 848 S.E.2d 404 (Ga. 2020).

Cited 18 times | Published | Supreme Court of Georgia | Sep 8, 2020 | 309 Ga. 772

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Williams v. State, 869 S.E.2d 389 (Ga. 2022).

Cited 13 times | Published | Supreme Court of Georgia | Feb 15, 2022 | 313 Ga. 325

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Martin v. The State (two Cases), 852 S.E.2d 834 (Ga. 2020).

Cited 11 times | Published | Supreme Court of Georgia | Dec 21, 2020 | 310 Ga. 658

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Lumpkin Cnty. v. Georgia Insurers Insolvency Pool, 292 Ga. 76 (Ga. 2012).

Cited 11 times | Published | Supreme Court of Georgia | Nov 19, 2012 | 734 S.E.2d 880, 2012 Fulton County D. Rep. 3597

...The GIIP is *77“responsible for the investigation, adjustment, compromise, settlement, and payment of covered claimsj1 for the investigation, handling, and denial of noncovered claims', and for the management and investment of funds administered by the pool.” (Emphasis supplied.) OCGA § 33-36-2....
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Georgia Insurers Insolvency Pool v. Hulsey Env't Servs., Inc., 293 Ga. 504 (Ga. 2013).

Cited 4 times | Published | Supreme Court of Georgia | Sep 9, 2013 | 748 S.E.2d 380, 2013 Fulton County D. Rep. 2801

...Georgia Insurers Insolvency Pool, 207 Ga. App. 230 (427 SE2d 519) (1993) (remedial legislative intent of GIIP is to provide source of recovery for covered claim of policyholder if insurer becomes insolvent). GIIP is supervised by the Insurance Commissioner, OCGA § 33-36-2, who selects a board of trustees known as the Insurers Solvency Board....
...Claims against SEUS made on or after June 23, 2006, were covered by GIIP. However, SEUS insureds whose claims predated June 23, 2006, were not covered by GIIP, and those insureds faced exposure when SEUS was liquidated on October 27, 2009. The following year, effective June 4, 2010, the legislature enacted OCGA § 33-36-20 to expand GUP’s “covered claims” to include certain insureds who obtained insurance from a captive issuer that later became insolvent....
...rporations.” Caldwell v. Hospital Auth. of Charlton County, supra. On the contrary, the power to sue and be sued was given only to enable GIIP to bring and defend legal actions pertaining to its statutory functions and duties. See generally OCGA §§ 33-36-2, 33-36-3....
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United Budget Co. v. Georgia Insurers Insolvency Pool, 321 S.E.2d 333 (Ga. 1984).

Cited 4 times | Published | Supreme Court of Georgia | Oct 17, 1984 | 253 Ga. 435

...Appellants elected *437 the latter course of action. The purpose of the Georgia Insurers Insolvency Pool Act 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." OCGA § 33-36-2....