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2018 Georgia Code 33-37-45 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 33-37-45 Case Law from Google Scholar Amendments to OCGA 33-37-45

TITLE 33 INSURANCE

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

ARTICLE 3 PROCEDURE FOR REHABILITATION

33-37-45. Liquidator's application for discharge.

  1. 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.
  2. 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.

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

JUDICIAL DECISIONS

State's sovereign immunity not waived.

- State did not waive the state's sovereign immunity in passing the Insurers Rehabilitation and Liquidation Act, O.C.G.A. § 33-37-1 et seq., and could not be held liable for excessive administrative charges to a liquidated insurer's estate. However, if the intentional or wanton conduct of the liquidator allowed the excessive charges, the liquidator could be held liable; O.C.G.A. § 33-37-8.1(b) did not provide immunity for intentional or willful and wanton conduct. State of Ga. v. International Indemnity Company, 343 Ga. App. 647, 809 S.E.2d 64 (2017).

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, §§ 98, 107.

C.J.S.

- 44 C.J.S., Insurance, § 238 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 insurance companies, 164 A.L.R. 500.

Cases Citing O.C.G.A. § 33-37-45

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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

...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 § 33-37-45 (a), which says that the trial court "may grant [a] discharge and make any other orders[.]" In its briefs here, Sun States does not argue that the Court of Appeals erred in holding that the Liquidation Act does not waive sovereign immunity....

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

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

...CGA §§ 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 § 33-37-45 (a), which says that the trial court “may grant [a] discharge and make any other orders[.]” 6 or wanton conduct of the liquidator or his deputies permitted the payment of excessive...