O.C.G.A.

O.C.G.A. § 33-37-1 (2019)

Construction and purpose of chapter

✓ 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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(a) This chapter shall be known and may be cited as the ‘‘Insurers Rehabilitation and Liquidation Act.’’ (b) This chapter shall not be interpreted to limit the powers granted the Commissioner by other provisions of law. (c) This chapter shall be liberally construed to effect the purpose stated in subsection (d) of this Code section. (d) 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.

History

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

Annotations

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, misrep-

resentation, 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). Cited in Georgia Insurers Insolvency Pool v. Dubose, 349 Ga. App. 238, 825 S.E.2d 606 (2019).

RESEARCH REFERENCES Am. Jur. 2d. - 43 Am. Jur. 2d, Insurance, § 83 et seq. 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.

Notes of Decisions

Cited in 16 cases (2 in the last 5 years), 1987–2025 · leading case: Superior Roofing Co. of Georgia, Inc. v. Am. Prof'l Risk Servs., Inc., 744 S.E.2d 400 (Ga. Ct. App. 2013).

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Superior Roofing Co. of Georgia, Inc. v. Am. Prof'l Risk Servs., Inc., 744 S.E.2d 400 (Ga. Ct. App. 2013). · cites it 10× “OCGA § 34-9-173 (b); see also OCGA § 33-37-1 (a). The legislature enacted the IRLA for the “protection of the interests of insureds, claimants, creditors, and the public generally [.”

O'NEAL v. Oxendine, 514 S.E.2d 908 (Ga. Ct. App. 1999). · cites it 8× “” OCGA § 33-37-1 (d). O’Neal had no notice of the proceeding which resulted in this order.”

STATE of Georgia Et Al. v. Int'l Indem. Co. Et Al. Regulatory Tech., Inc. v. State of Georgia., 809 S.E.2d 64 (Ga. Ct. App. 2017). · cites it 4× “The appeals arise from a trial court order finding, among other things, that the state had waived sovereign immunity under certain provisions of the Insurers Rehabilitation and Liquidation Act, OCGA § 33-37-1 et seq. (the "Act"). In the first appeal, we held, in part, that the…”

Aon Risk Servs., Inc. v. Com. & Military Sys. Co., 607 S.E.2d 157 (Ga. Ct. App. 2004). · cites it 2× “CMS contends that because it was not a party to the New York proceedings and did not receive notice of them, the trial court should not have stayed the proceedings against Frontier.”

State of Georgia Et Al. v. Sun States Ins. Grp., Inc.; & Vice Versa, 788 S.E.2d 346 (Ga. 2016). · cites it 2× “1 See OCGA § 33-37-1 et seq. 2 Case No. A14A2119.”

State v. Int'l Indem. Co., 823 S.E.2d 806 (Ga. 2019). · cites it 2× “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. (Liquidation Act).”

Smith v. Farm & Home Life Ins., 506 S.E.2d 104 (Ga. 1998). · cites it 7× “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.”

State of Georgia v. Sun States Ins. Grp., Inc.; Regulatory Tech., Inc. v. State of Georgia, 770 S.E.2d 43 (Ga. Ct. App. 2015). · cites it 2× “2 See OCGA § 33-37-1 et seq. 3 During the pendency of this matter in the lower court, Ralph T.”

Oxendine v. Comm'r of Ins. of Nc, 494 S.E.2d 545 (Ga. Ct. App. 1997). · cites it 2× “Georgia has adopted these model acts with some modifications in OCGA § 33-37-1 et seq. and OCGA § 33-38-1 et seq.”

Evans v. Am. Surplus Underwriters Corp., 739 F. Supp. 1526 (N.D. Ga. 1989). · cites it 2× “The Court finds that defendant’s claims of multiple exposure are purely speculative, and a substantial risk of incurring multiple, inconsistent obligations as a result of absentees’ alleged interest does not exist.”

Superior Roofing Co. of Georgia, Inc. v. Am. Prof'l Risk Servs., Inc. (Ga. Ct. App. 2013). · cites it 10× “” OCGA § 34-9-173 (b); see also OCGA § 33-37-1 (a). The legislature enacted the IRLA for the “protection of the interests of the insureds, claimants, creditors, and the public generally[.”

Georgia Insurers Insolvency Pool v. Moore, 357 S.E.2d 823 (Ga. Ct. App. 1987). · cites it 2× “Acting pursuant to OCGA § 33-37-1 et seq., the Fulton County Superior Court appointed the Insurance Commissioner to serve as Ancillary Receiver and ordered him to liquidate the property of Reserve in Georgia.”

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— 33-37-1(d) — 1 case

O'NEAL v. Oxendine, 514 S.E.2d 908 (Ga. Ct. App. 1999). “” OCGA § 33-37-1 (d). O’Neal had no notice of the proceeding which resulted in this order.”

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