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2018 Georgia Code 33-37-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 33-37-1 Case Law from Google Scholar Amendments to OCGA 33-37-1

TITLE 33 INSURANCE

Section 37. Insurers Rehabilitation and Liquidation, 33-37-1 through 33-37-58.

ARTICLE 1 GENERAL PROVISIONS

33-37-1. Construction and purpose of chapter.

  1. This chapter shall be known and may be cited as the "Insurers Rehabilitation and Liquidation Act."
  2. This chapter shall not be interpreted to limit the powers granted the Commissioner by other provisions of law.
  3. This chapter shall be liberally construed to effect the purpose stated in subsection (d) of this Code section.
  4. The purpose of this chapter is the protection of the interests of insureds, claimants, creditors, and the public generally, with minimum interference with the normal prerogatives of the owners and managers of insurers, through:
    1. Early detection of any potentially dangerous condition in an insurer and prompt application of appropriate corrective measures;
    2. Improved methods for rehabilitating insurers, involving the cooperation and management expertise of the insurance industry;
    3. Enhanced efficiency and economy of liquidation, through clarification of the law, to minimize legal uncertainty and litigation;
    4. Equitable apportionment of any unavoidable loss;
    5. Lessening the problems of interstate rehabilitation and liquidation by facilitating cooperation between states in the liquidation process and by extending the scope of personal jurisdiction over debtors of the insurer outside this state;
    6. Regulation of the insurance business by the impact of the law relating to delinquency procedures and substantive rules on the entire insurance business; and
    7. Providing for a comprehensive scheme for the rehabilitation and liquidation of insurance companies and those subject to this chapter as part of the regulation of the business of insurance, insurance industry, and insurers in this state. Proceedings in cases of insurer insolvency and delinquency are deemed an integral aspect of the business of insurance and are of vital public interest and concern.

(Code 1981, §33-37-1, enacted by Ga. L. 1991, p. 1424, § 7.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1991, "interference" was substituted for "interferance" in subsection (d).

Law reviews.

- For note, "Misrepresentations and Nondisclosures in the Insurance Application," see 13 Ga. L. Rev. 876 (1979).

JUDICIAL DECISIONS

Trial court required to grant stay based on order of New York court.

- Because a New York Order of Rehabilitation enjoined any actions, lawsuits, or proceedings against an insurance company, pursuant to O.C.G.A. § 33-37-23(a), the trial court was required to grant a stay as to proceedings against the insurance company in order to give full faith and credit to the injunction ordered by the New York court. Aon Risk Servs. v. Commercial & Military Sys. Co., 270 Ga. App. 510, 607 S.E.2d 157 (2004).

Claims in common with the insolvent trust fund versus personal claims.

- Trial court erred in dismissing the plaintiffs' breach of contract, misrepresentation, and other claims against a workers compensation trust fund because while the court properly concluded that the Georgia Insurance Commissioner, as an appointed receiver, had the exclusive authority to prosecute legal claims that were common to the insolvent trust fund, the court erred in finding that plaintiffs did not have standing to prosecute claims that were personal in nature and not common to the trust fund. Superior Roofing Co. of Ga., Inc. v. Am. Prof'l Risk Servs., 323 Ga. App. 416, 744 S.E.2d 400 (2013).

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, §§ 88 et seq., 188, 332, 338.

C.J.S.

- 44 C.J.S., Insurance, §§ 127, 190, 226 et seq., 249 et seq.

ALR.

- Validity, construction, and application of Uniform Insurers Liquidation Act, 44 A.L.R.5th 683.

Cases Citing O.C.G.A. § 33-37-1

Total Results: 6  |  Sort by: Relevance  |  Newest First

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Georgia Dep't of Cmty. Health v. Georgia Soc'y of Ambulatory Surgery Centers, 724 S.E.2d 386 (Ga. 2012).

Cited 17 times | Published | Supreme Court of Georgia | Feb 27, 2012 | 290 Ga. 628, 2012 Fulton County D. Rep. 562

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Gatto v. City of Statesboro, 860 S.E.2d 713 (Ga. 2021).

Cited 14 times | Published | Supreme Court of Georgia | Jun 21, 2021 | 312 Ga. 164

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State of Georgia Et Al. v. Sun States Ins. Grp., Inc.; & Vice Versa, 299 Ga. 489 (Ga. 2016).

Cited 6 times | Published | Supreme Court of Georgia | Jul 5, 2016 | 788 S.E.2d 346

...(“State/liquidator”) and its agents, including Regulatory Technologies, Inc. (“Reg Tech”), which assisted in the liquidation of IIC. Sun States sought, inter alia, monies, it characterized as a “surcharge,” which allegedly were wrongfully 1 See OCGA § 33-37-1 et seq. taken out of the IIC estate....
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State v. Int'l Indem. Co., 823 S.E.2d 806 (Ga. 2019).

Cited 5 times | Published | Supreme Court of Georgia | Feb 4, 2019 | 305 Ga. 126

...surance of the State of Georgia, who was then John W. Oxendine, was appointed by the trial court to act as the liquidator of International Indemnity Company, following the procedures set forth in the Insurers Rehabilitation and Liquidation Act, OCGA § 33-37-1 et seq....
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Smith v. Farm & Home Life Ins., 506 S.E.2d 104 (Ga. 1998).

Cited 4 times | Published | Supreme Court of Georgia | Sep 14, 1998 | 269 Ga. 709, 98 Fulton County D. Rep. 309

...ry judgment authorizing the foreclosure of tax liens against property owned by an insolvent Arizona insurer. We conclude that because the insurer is presently in receivership proceedings, the Georgia Insurers Rehabilitation and Liquidation Act, OCGA § 33-37-1 et seq., prohibits the Tax Commissioners from foreclosing against the property to collect delinquent taxes....
...nd that the receivership order was entitled both to reciprocal enforcement and full faith and credit in Georgia. Both the Gordon and Murray County superior courts concluded that the Georgia Insurers Rehabilitation and Liquidation Act ("GIRLA"), OCGA § 33-37-1 et seq., prevented the Tax Commissioners from foreclosing tax liens against the properties....
...[13] Accordingly, even if the Arizona court's jurisdiction was lacking in this matter, and we draw no such conclusion here, [14] the Georgia courts' decisions must stand, as a matter of Georgia law decided by Georgia courts. Judgment affirmed. All the Justices concur. NOTES [1] OCGA § 33-37-1(d)(5). [2] Id., § 33-37-1(d)(7)....
...[3] Specifically, section 33-37-3(15) identifies six sections from GIRLA that must have been adopted in substance by a foreign state in order for that state to be considered reciprocal. These sections, and their Arizona corollaries are as follows: (1) OCGA § 33-37-17, concerning the appointment of the Insurance Commissioner to liquidate a domestic insurer, is the substantial equivalent of ARS §§ 20-616, 624; (2) OCGA § 33-37-51, concerning a non-domiciliary, reciprocal insurer's title to property,...

State of Georgia v. Int'l Indem. Co. (two Cases) (Ga. 2019).

Published | Supreme Court of Georgia | Feb 4, 2019 | 269 Ga. 709, 98 Fulton County D. Rep. 309

...nce of the State of Georgia, who was then John W. Oxendine, was appointed by the trial court to act as the liquidator of International Indemnity Company, following the procedures set forth in the Insurers Rehabilitation and Liquidation Act, OCGA § 33-37-1 et seq....