TITLE 33 INSURANCE

Section 52. Assumption Reinsurance Agreements, 33-52-1 through 33-52-6.

ARTICLE 4 LIQUIDATION PROCEEDINGS

33-52-2. Definitions.

As used in this chapter:

1. "Assuming insurer" means the insurer which acquires an insurance obligation or risk from the transferring insurer pursuant to an assumption reinsurance agreement.
2. "Assumption reinsurance agreement" means any contract which both:
   1. Transfers insurance obligations or risks of existing or in-force contracts of insurance from a transferring insurer to an assuming insurer; and
   2. Is intended to effect a novation of the transferred contract of insurance with the result that the assuming insurer becomes directly liable to the policyholders of the transferring insurer and the transferring insurer's insurance obligations or risks under such contracts are extinguished.
3. "Contract of insurance" means any written agreement between an insurer and policyholder pursuant to which the insurer, in exchange for a premium or other consideration, agrees to assume an obligation or risk of the policyholder or to make payments on behalf of or to the policyholder or its beneficiaries; it shall include all property, casualty, life, health, accident, accident and sickness, surety, title, and annuity business authorized to be written pursuant to the provisions of this title.
4. "Notice of transfer" means the written notice to policyholders required by subsection (a) of Code Section 33-52-3.
5. "Policyholder" means any individual or entity which has the right to terminate or otherwise alter the terms of a contract of insurance.It includes any person issued a group certificate under a group insurance contract if the certificate vests in such person, separate from the rights of the group contract holder, rights against the insurer that the group contract holder may not terminate.The right to keep the policy in force referred to in this chapter shall not include the right to elect individual coverage under the federal consolidated Omnibus Budget Reconciliation Act (COBRA) Section 601, et seq., of the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. Section 1161, et seq., or under continuation and conversion provisions found in Chapter 24 of this title.
6. "Transferring or ceding insurer" means the insurer which transfers or cedes an insurance obligation or risk to an assuming insurer pursuant to an assumption reinsurance agreement.

(Code 1981, §33-52-2, enacted by Ga. L. 1992, p. 1385, § 1.)