O.C.G.A.

O.C.G.A. § 33-37-56 (2019)

Stay of proceedings during pendency of liquidation proceeding

✓ 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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During the pendency in this or any other state of a liquidation proceeding, whether called by that name or not, no action or proceeding in the nature of an attachment, garnishment, or levy of execution shall be commenced or maintained in this state against the delinquent insurer or its assets.

History

Code 1981, § 33-37-56, enacted by Ga. L. 1991, p. 1424, § 7.

Annotations

JUDICIAL DECISIONS Constitutionality. - O.C.G.A. § 33-37-56 does not impermissibly conflict with the constitutional jurisdiction of the superior courts; the statute is an authorized exception to the superior courts’ grant of general jurisdiction. Smith v. Farm & Home Life Ins. Co., 269 Ga. 709, 506 S.E.2d 104 (1998). O.C.G.A. § 33-37-56 does not unconstitutionally attempt to exclude property lo-

cated in the state from ad valorem taxation without specific authorization; the statute does not state that the property of an insolvent, non-domiciliary insurer is exempt from taxation and, instead, merely grants such insurers a stay in proceedings against the insurers to collect amounts owed. Smith v. Farm & Home Life Ins. Co., 269 Ga. 709, 506 S.E.2d 104 (1998).

Notes of Decisions
Cited in 1 case, 1998–1998 · leading case: Smith v. Farm & Home Life Ins., 506 S.E.2d 104 (Ga. 1998).
Smith v. Farm & Home Life Ins., 506 S.E.2d 104 (Ga. 1998). · cites it 22× “The Tax Commissioners argue that OCGA § 33-37-56’s prohibition of the levy and execution of tax liens against property located in Georgia and owned by FHLIC is an unconstitutional attempt to exclude property located in this state from ad valorem taxation with *712 out specific…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.