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

O.C.G.A. § 33-37-48 (2019)

Receivership audits

✓ 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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The superior court may, as it deems desirable, cause audits to be made of the books of the Commissioner relating to any receivership established under this chapter, and a report of each audit shall be filed with the Commissioner and with the court. The books, records, and other documents of the receivership shall be made available to the auditor at any time without notice. The expense of each audit shall be considered a cost of administration of the receivership.

History

Code 1981, § 33-37-48, enacted by Ga. L. 1991, p. 1424, § 7.

Annotations

RESEARCH REFERENCES C.J.S. - 44 C.J.S., Insurance, § 245 et seq.

ARTICLE 4 LIQUIDATION PROCEEDINGS

Notes of Decisions
Cited in 4 cases, 2015–2019 · 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× “8 The statutory provision for the priority of distribution of claims identifies nine classes of claims, of which the “[cjosts and expenses of administration during rehabilitation and liquidation” is the first class in the order of distribution of claims, and “shall be paid in…”
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…”
State of Georgia v. Int'l Indem. Co. (two Cases) (Ga. 2019). “1 (b) granted official immunity to the 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…”
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