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2018 Georgia Code 33-36-20 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 33-36-20 Case Law from Google Scholar Amendments to OCGA 33-36-20

TITLE 33 INSURANCE

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

ARTICLE 2 PREFERRED PROVIDER ARRANGEMENTS

33-36-20. Liability of pool to claimants and electing insureds in emergency circumstances; definitions; exceptions.

  1. It is the policy of this state to protect insureds and their claimants from liability as a result of the insolvency of insurers. In furtherance of this policy, it is the intent of the legislature, notwithstanding any provision of law to the contrary, that the Georgia Insurers Insolvency Pool shall be liable to claimants and electing insureds in emergency circumstances.
  2. As used in this Code section, the term:
    1. "Electing insured" means any insured under a workers' compensation insurance policy that is impacted by an emergency circumstance. Such term shall include but not be limited to governmental insureds and other insureds under a workers' compensation insurance policy impacted by an emergency circumstance whose net worth exceeds $25 million as of December 31 of the year preceding the filing of a claim.
    2. "Emergency circumstance" means a circumstance in which an association or industrial insured captive insurance company, including such a captive company that subsequently was authorized to transact business pursuant to Chapter 3 of this title, that is issuing, or which has issued, workers' compensation insurance contracts and has been declared insolvent.
    3. "Emergency claimant" means any third-party claimant, under a workers' compensation insurance policy, who is impacted by an emergency circumstance and whose employer has, by a court of competent jurisdiction, been declared bankrupt or insolvent.
  3. Any electing insured whose net worth is less than $25 million as of December 31 of the year preceding the filing of a claim may be shielded from liability by the pool and have any workers' compensation claims filed against such electing insured covered by the pool, provided said electing insured pays $10,000.00 per claim to the insolvency pool prior to October 1, 2010. Any electing insured whose net worth exceeds $25 million as of December 31 of the year preceding the filing of a claim may be shielded from liability by the pool and have any workers' compensation claims filed against such electing insured covered by the pool, provided said electing insured pays $50,000.00 per claim to the insolvency pool prior to October 1, 2010. Claims of all emergency claimants shall be covered by the insolvency pool.
  4. Claimants shall retain the right to pursue claims against any insured that is not an electing insured.

(Code 1981, §33-36-20, enacted by Ga. L. 2010, p. 1085, § 3/HB 1364.)

JUDICIAL DECISIONS

Employee's failure to prove insolvency.

- Employee seeking workers' compensation from the Georgia Insurers Insolvency Pool failed to prove that the employer was insolvent as required for recovery under O.C.G.A. § 33-36-20(b)(2) and (3) based on the owner's non-credible testimony that the owner had sold the company and that the buyer had defaulted on the buyer's loans from the owner. Reece v. Ga. Insurers Insolvency Pool, 324 Ga. App. 437, 750 S.E.2d 746 (2013).

Cases Citing O.C.G.A. § 33-36-20

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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

...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....