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2018 Georgia Code 33-37-56 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 33-37-56 Case Law from Google Scholar Amendments to OCGA 33-37-56

TITLE 33 INSURANCE

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

ARTICLE 4 LIQUIDATION PROCEEDINGS

33-37-56. Stay of proceedings during pendency of liquidation proceeding.

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.

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

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 located 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).

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