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

O.C.G.A. § 33-38-1 (2019)

Purpose

✓ 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 purpose of this chapter is to protect the persons specified in subsection (b) of Code Section 33-38-2, subject to certain limitations, against failure in the performance of contractual obligations, under life, health, and annuity policies, plans, or contracts specified in subsection (a) of Code Section 33-38-2, due to the impairment or insolvency of the member insurer issuing such policies, plans, or contracts. To provide this protection: (1) an association of member insurers is created to enable the guaranty of payment of benefits and continuation of coverages as limited by this chapter; (2) members of the association are subject to assessment to provide funds to carry out the purpose of this chapter; and (3) the association is authorized to assist the Commis768

sioner, in the prescribed manner, in the detection and prevention of insurer impairments or insolvencies.

History

Code 1933, § 56-2201, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786; Ga. L. 2020, p. 113, § 1/HB 1050. The 2020 amendment, effective July 1, 2020, in the first sentence, substituted ‘‘life, health, and annuity policies, plans or contracts’’ for ‘‘life and health insurance policies and annuity contracts’’ near the beginning, and inserted ‘‘member’’, and ‘‘, plans,’’ at the end; and, in the second sentence, inserted ‘‘member’’, substituted

a colon for a comma, and substituted semicolons for commas twice.

Annotations

Editor’s notes. - Ga. L. 2020, p. 113, § 1/HB 1050, which amended this Code section, purported to amend Code Section 33-8-1 but actually amended Code Section Law reviews. - For article surveying developments in Georgia insurance law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 143 (1981).

JUDICIAL DECISIONS Claim must be based upon failure to perform ‘‘contractual’’ obligation. - Claim against an insurance guaranty association for statutory damages under O.C.G.A. § 33-34-6, based upon an insolvent insurer’s failure to perform the insurer’s statutory obligation, was sought to be enforced pursuant to O.C.G.A. § 33-38-1 et seq., which authorizes only enforcement of claims based upon an insolvent insurer’s failure to perform the insurer’s

contractual obligations. Since there had been no default as to the insolvent insurer’s ‘‘contractual obligations’’ to the insureds, the insureds had no viable claim. Crider v. Georgia Life & Health Ins. Guar. Ass’n, 188 Ga. App. 407, 373 S.E.2d 30 (1988). Cited in Ga. Life & Health Ins. Guar. Ass’n v. Gilman Paper Co. Deferred Comp. Sav. & Inv. Plan, 249 Ga. App. 767, 549 S.E.2d 751 (2001).

RESEARCH REFERENCES C.J.S. - 44 C.J.S., Insurance, § 227 et seq.

Notes of Decisions
Cited in 3 cases, 1988–2001 · leading case: Georgia Life & Health Ins. Guar. Ass'n v. Gilman Paper Co. Deferred Comp. Sav. & Inv. Plan, 549 S.E.2d 751 (Ga. Ct. App. 2001).
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Georgia Life & Health Ins. Guar. Ass'n v. Gilman Paper Co. Deferred Comp. Sav. & Inv. Plan, 549 S.E.2d 751 (Ga. Ct. App. 2001). · cites it 6× “The Plan sued the Association pursuant to OCGA § 33-38-1 et seq.,.seeking to recoup its participants’ losses.”
Crider v. Georgia Life & Health Ins., 373 S.E.2d 30 (Ga. Ct. App. 1988). · cites it 8× “OCGA § 33-38-1 provides that appellee was created for the purpose of “protect[ing] .”
Oxendine v. Comm'r of Ins. of Nc, 494 S.E.2d 545 (Ga. Ct. App. 1997). · cites it 2× “and OCGA § 33-38-1 et seq. Under these statutes, the Georgia Commissioner of Insurance has primary responsibility for administering an insolvency.”
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.