TITLE 33 INSURANCE

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

ARTICLE 4 LIQUIDATION PROCEEDINGS

33-52-6. Approval or disapproval by Commissioner.

1. The Commissioner shall approve or disapprove the entire assumption reinsurance transaction.The following items shall be submitted to the Commissioner:
   1. A detailed statement explaining the reason or reasons for the transfer;
   2. The assumption reinsurance agreement;
   3. The certificate of assumption;
   4. If either the ceding company or the assuming company is not domiciled in Georgia, copies of the approvals of the entire transaction by the insurance supervisory officials of the states of domicile of the ceding and assuming insurers; and
   5. A statement as to what provision has been made for servicing those policyholders who have rejected the transfer. However, the Commissioner may permit 100 percent reinsurance without novation of these risks with the servicing of those policyholders to be done by the assuming company or may order the transfer and novation of all of the contracts of insurance under the assumption reinsurance agreement.
2. When seeking the Commissioner's approval of an assumption of a participating business by a stock or mutual company, the applicant should address the disposition of the accumulated surplus connected with the block of business and the level of future dividends.
3. If protection under the Georgia Insurers Insolvency Pool, the Georgia Life and Health Insurance Guaranty Association, or a similar state guaranty association or insolvency pool will be lost or reduced, the Commissioner shall not approve the assumption of any policy unless the transfer of policies is in the best interest of the policyholders.

(Code 1981, §33-52-6, enacted by Ga. L. 1992, p. 1385, § 1.)