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

O.C.G.A. § 33-37-45 (2019)

Liquidator’s application for discharge

✓ 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) When all assets justifying the expense of collection and distribution have been collected and distributed under this chapter, the liquidator shall apply to the court for discharge. The court may grant the discharge and make any other orders, including an order to transfer any remaining funds that are uneconomic to distribute as may be deemed appropriate.

(b) Any other person may apply to the court at any time for an order under subsection (a) of this Code section. If the application is denied, the applicant shall pay the costs and expenses of the liquidator in resisting the application, including a reasonable attorney’s fee.

History

Code 1981, § 33-37-45, enacted by Ga. L. 1991, p. 1424, § 7.

Annotations

JUDICIAL DECISIONS Cited in Heritage Ins. Co. of Am. v. Evans, 205 Ga. App. 98, 421 S.E.2d 534 (1992).

RESEARCH REFERENCES Am. Jur. 2d. - 43 Am. Jur. 2d, Insurance, §§ 78 et seq., 92 et seq. C.J.S. - 44 C.J.S., Insurance, § 245 et seq. ALR. - Conflict of laws respecting duration of or time for enforcement of liability of policyholders in respect of assessments, 161 A.L.R. 989.

Decision of United States Supreme Court that insurance is interstate commerce as affecting state statutes relating to foreign insurance companies, 164 A.L.R. 500.

Notes of Decisions
Cited in 5 cases, 1992–2019 · leading case: 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).
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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 court noted that OCGA §§ 33-37-20 (a) (4) 2 and (5), 3 and 33-37-41 (1) (A) 4 use the terms "necessary," "reasonable," and "actual" when describing the state/liquidator's administrative expenses; that OCGA § 33-37-48 5 permits the court to audit the books of *68 an estate in…”
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 4× “6 See OCGA § 33-37-45 (a), pertinently providing, “When all assets justifying the expense of collection and distribution have been collected and distributed under this chapter, the liquidator shall apply to the court for discharge.”
State v. Int'l Indem. Co., 823 S.E.2d 806 (Ga. 2019). “Specifically, the Court of Appeals considered OCGA §§ 33-37-20 (a) (4) and (5) and 33-37-41 (1) (A), which describe the liquidator's administrative expenses as "reasonable," "necessary," and "actual"; § 33-37-48, which allows the trial court to audit the books of an estate; and…”
Heritage Ins. Co. of Am. v. Evans, 421 S.E.2d 534 (Ga. Ct. App. 1992). · cites it 8× “1 Pursuant to OCGA § 33-37-45, on February 25, 1987, Black filed its claim with the receiver, seeking the full face amount recovery on each of the bonds.”
State of Georgia v. Int'l Indem. Co. (two Cases) (Ga. 2019). “e liquidator and his deputies, “‘evidence could be introduced to show that intentional or willful 5 Specifically, the Court of Appeals considered OCGA §§ 33-37-20 (a) (4) and (5) and 33-37- 41 (1) (A), which describe the liquidator’s administrative expenses as “reasonable,”…”
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