O.C.G.A.
O.C.G.A.

O.C.G.A. § 33-36-2 (2019)

Creation; accounts; responsibility; supervision and regulation

✓ 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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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
Cited in 16 cases (1 in the last 5 years), 1984–2025 · leading case: G & Mss Trucking, Inc. v. Rich, 479 S.E.2d 761 (Ga. Ct. App. 1996).
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Georgia Insurers Insolvency Pool v. Logisticare Solutions, LLC (Ga. Ct. App. 2025). · cites it 2× “” OCGA § 33-36-2. (Punctuation omitted.) Ga.”
Georgia Insurers Insolvency Pool v. Carla R. Dubose (Ga. Ct. App. 2019). · cites it 4× “” OCGA § 33-36-2. At issue in the instant case is the interpretation of the exhaustion of other insurance and set-off provision of the Pool Act, OCGA § 33-36-14.”
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…”
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 .”
Jefferson Ins. v. Thomas, 628 S.E.2d 171 (Ga. Ct. App. 2006). · cites it 2× “” OCGA§ 33-36-2. 1 At the time of the occurrence at issue, OCGA § 33-36-14 (a) provided: 2 Any person, including any individual, partnership, association, or corporation, having a claim against a policy or an insured under a policy issued by an insolvent insurer, which claim is…”
Conex Freight Sys., Inc. v. Georgia Ins. Insolvency Pool, 561 S.E.2d 221 (Ga. Ct. App. 2002). · cites it 2× “OCGA § 33-36-2. (Punctuation omitted.) Norman Enterprises Interior Design v.”
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.”
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.”
United States v. Rutland, Inc., 849 F. Supp. 806 (S.D. Ga. 1994). · cites it 4× “” O.C.G.A. § 33-36-2 (1990) (emphasis added).”
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.”
Claxton Mfg. Co. v. Hodges, 411 S.E.2d 109 (Ga. Ct. App. 1991). · cites it 2× “OCGA § 33-36-2. OCGA § 33-36-3 (2) (G) provides that “[a] covered claim shall not include any claim or judgment for punitive damages and attorney’s fees associated therewith against any insolvent insurer, its insured, or the insurers insolvency pool.”
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.”
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