TITLE 33 INSURANCE

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

ARTICLE 4 LIQUIDATION PROCEEDINGS

33-37-55. Rights of resident claimants in proceeding in another state against nondomiciliary insurer.

1. In a liquidation proceeding in another state against an insurer domiciled in that state, claimants against the insurer who reside within this state may file claims either with the ancillary receiver, if any, in this state or with the domiciliary liquidator. Claims must be filed on or before the last dates fixed for the filing of claims in the domiciliary liquidation proceeding.
2. Claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state or in ancillary proceedings, if any, in this state. If a claimant elects to prove his or her claim in this state, he or she shall file such claim with the ancillary receiver in the manner provided in Code Sections 33-37-34 and 33-37-35. The ancillary receiver shall make his or her recommendation to the court as under Code Section 33-37-42. He or she shall also arrange a date for hearing if necessary under Code Section 33-37-38 and shall give notice to the liquidator in the domiciliary state, either by certified mail or statutory overnight delivery or by personal service at least 40 days prior to the date set for hearing. If the domiciliary liquidator, within 30 days after the giving of such notice, gives notice in writing to the ancillary receiver and to the claimant, either by certified mail or statutory overnight delivery or by personal service, of his or her intention to contest the claim, he or she shall be entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim.
3. If a claimant files a claim in this state with the ancillary receiver, the final allowance of the claim by the courts of this state shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this state.

(Code 1981, §33-37-55, enacted by Ga. L. 1991, p. 1424, § 7; Ga. L. 2000, p. 1589, § 3; Ga. L. 2016, p. 816, § 6/HB 883.)

The 2016 amendment, effective July 1, 2016, substituted "another state" for "reciprocal state" near the beginning of the first sentence of subsection (a); in subsection (b), inserted "or her" and inserted "or she" throughout, substituted "file such claim with the ancillary receiver" for "file his claim with the liquidator" in the second sentence; and substituted "If a claimant files a claim in this state with the ancillary receiver, the final" for "The final" at the beginning of subsection (c).