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

O.C.G.A. § 33-36-9 (2019)

Coverage afforded by insolvent insurers to become obligation of pool; investigation and settlement of claims by pool

✓ 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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In the event an insurer is ordered to be liquidated, the coverage afforded by property and casualty insurance policies issued by such insurer shall, with respect to covered claims, become 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from the date of such determination or until policy expiration date if less than said 30 days or until the policy has been replaced by the insurer within said 30 days. The pool shall be deemed the insurer only to the extent of its obligation on the covered claims and to such extent, subject to the limitations provided in this chapter, shall have all rights, duties, and obligations of the insolvent insurer as if the insurer had not become insolvent, including, but not limited to, the right to pursue and retain salvage and subrogation recoverable on paid covered claim obligations. The pool shall not be deemed the insolvent insurer for any purpose relating to the issue of whether the pool is amenable to the personal jurisdiction of the courts of any state. The pool is authorized to investigate, adjust, compromise, and settle covered claims or to investigate, handle, and deny noncovered claims. The pool shall have the authority, upon approval of the Commissioner, to borrow funds necessary to effect the purposes of this chapter. The pool shall have the authority to establish procedures for requesting financial information from insureds on a confidential basis for purposes of applying Code sections concerning their net worth, subject to such information being shared with any other association similar to the pool and the liquidator for the insolvent company on the same confidential basis. If the insured refuses to provide the requested financial information and an auditor’s certification of the same where requested and available, the pool may deem the net worth of the

insured, in the instance of a first-party claim, to be in excess of $10 million at the relevant time or, in the event of a third-party claim, to be in excess of $25 million at the relevant time. In any lawsuit contesting the applicability of subparagraph (G) of paragraph (4) of Code Section 33-36-3 or subsection (d) of Code Section 33-36-14 where the insured has declined to provide financial information under the procedure provided pursuant to this Code section, the insured shall bear the burden of proof concerning its net worth at the relevant time. If the insured fails to prove that its net worth at the relevant time was less than the applicable amount, the court shall award the pool its full costs, expenses, and reasonable attorney’s fees in contesting the claim.

History

Ga. L. 1970, p. 700, § 6; Ga. L. 1973, p. 497, § 3; Ga. L. 1982, p. 3, § 33; Ga. L. 2005, p. 563, § 17/HB 407; Ga. L. 2013, p. 141, § 33/HB 79.

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.

JUDICIAL DECISIONS Purpose and practice of insolvency pool. - 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). Insurer’s Insolvency Pool is liable only for contractual obligations of an insolvent insurer and not an insurer’s statutory obligations such as attorney’s fees and punitive damages under O.C.G.A. § 33-34-6. Colwell v. Voyager Cas. Ins. Co., 184 Ga. App. 842, 363 S.E.2d 310 (1987). 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). Application of net worth exemption to county. - Trial court did not err in excluding a county from Georgia Insurers Insolvency Pool because it met the net worth exemption provided for in the Georgia Insurers Insolvency Pool Act (Act), O.C.G.A. § 33-36-1 et seq., and, therefore, did not qualify for coverage under the Act. Lumpkin County v. Ga. Insurers Insolvency Pool, 292 Ga. 76, 734 S.E.2d 880 (2012). Cited in Norman Enters. Interior Design, Inc. v. DeKalb County, 245 Ga. App. 538, 538 S.E.2d 130 (2000); Royal Indem. Co. v. Ga. Insurers Insolvency Pool, 284 Ga. App. 787, 644 S.E.2d 279 (2007).

OPINIONS OF THE ATTORNEY GENERAL Claims of Georgia residents for unearned premiums on insurance contracts with an insolvent property insurer

are obligations of the Georgia Insurers’ Insolvency Pool. 1982 Op. Att’y Gen. No. 82-80.

With regard to a claim by an auto dealer against the Georgia Insurers’ Insolvency Pool for unearned premium on extended auto warranty insurance contract issued by an insolvent insurer, when the dealer had only one policy and did not have a

separate policy for each warranty sold, the dealer would be entitled to an unearned premium refund based upon total or aggregate premium paid for the dealer’s single policy. 1982 Op. Att’y Gen. No. 82-80.

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1985–2025 · leading case: Colwell v. Voyager Cas. Ins. Co., 363 S.E.2d 310 (Ga. Ct. App. 1987).
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Colwell v. Voyager Cas. Ins. Co., 363 S.E.2d 310 (Ga. Ct. App. 1987). · cites it 4× “) OCGA § 33-36-9. Appellants do not assert a contractual claim for coverage afforded under their policies issued by appellee.”
Lumpkin Cnty. v. Georgia Insurers Insolvency Pool, 734 S.E.2d 880 (Ga. 2012). · cites it 2× “Accordingly, pursuant to OCGA § 33-36-9, 2 GIIP requested financial information from the County to determine the County’s net worth.”
Bartee v. R.T.C. Transp., Inc., 781 P.2d 1084 (Kan. 1989). “) Ga. Code Ann. § 33-36-9 (1982). *504 The claims asserted against defendants Pachiano and R.”
Norman Enter. Interior Design, Inc. v. Dekalb Cnty., 538 S.E.2d 130 (Ga. Ct. App. 2000). · cites it 2× “The pool shall be deemed to be the insurer for such period with respect and to the extent of the claims with all the rights, duties, and obligations of the insolvent insurer; and the pool is authorized to investigate, adjust, compromise, and settle *541 covered claims or to…”
Georgia Insurers Insol. Pool v. Brewer, 602 So. 2d 1264 (Fla. 1992). “Ga. Code Ann. § 33-36-9 . When Allied became insolvent, GIIP assumed the role of insurer of Allied's covered claims, "with all the rights, duties, and obligations *1267 of the insolvent insurer.”
United States v. Rutland, Inc., 849 F. Supp. 806 (S.D. Ga. 1994). · cites it 2× “The pool shall be deemed to be the insurer for such period with respect and to the extent of the claims with all the rights, duties, and obligations of the insolvent insurer.”
Bell Ex Rel. Bell v. Senn Trucking Co., 418 S.E.2d 310 (S.C. 1992). “Ga. Code Ann. § 33-36-9 (1990). The Georgia Pool is “deemed to be the insurer for such period with respect [to] and to the extent of the claims with all the rights, duties, and obligations of the insolvent insurer.”
Royal Indem. Co. v. Georgia Insurers Insolvency Pool, 644 S.E.2d 279 (Ga. Ct. App. 2007). · cites it 2× “In June 2003, Synesys’s workers’ compensation carrier, Home Insurance Company, became insolvent and the Pool began making payments to Bullen pursuant to former OCGA§ 33-36-9. 2 Two years later, the Pool filed a petition for declaratory judgment against Bullen, Royal, and AIT…”
Olivier v. Merritt Dredging Co., 979 F.2d 827 (11th Cir. 1992). “Ga.Code Ann. § 33-36-9 (1990). The Georgia Pool is “deemed to be the insurer for such period with respect [to] and to the extent of the claims with all the rights, duties, and obligations of the insolvent insurer_”, Id.”
Georgia Insurers Insolvency Pool v. Moore, 333 S.E.2d 383 (Ga. Ct. App. 1985). · cites it 4× “” OCGA § 33-36-9. The Fulton Superior Court order of June 6, 1979 fixed the liability of the insurer, and the rights of the insured, as of the date of insolvency, May 29, 1979.”
Georgia Insurers Insolvency Pool v. Carla R. Dubose (Ga. Ct. App. 2019). · cites it 4× “OCGA § 33-36-9. The Pool then steps into the shoes of the insolvent insurer: “The Pool shall be deemed the insurer only to the extent of its 6 obligation on the covered claims and to such extent, subject to the limitations provided in this chapter, shall have all rights, duties,…”
Victoria Palmer v. Georgia Insurers Insolvency Pool (Ga. Ct. App. 2021). · cites it 4× “OCGA § 33-36-9. A claim under a workers’ compensation insurance policy, like the claim at issue here, may fall within the meaning of a “covered claim,” as defined by the Insolvency Pool Act.”
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