reglab/housing_qa huggingface dataset:
GA Code § 33-38-5 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 38 - Georgia Life and Health Insurance Guaranty Association|§ 33-38-5. Creation; Required Membership; Functions and Powers; Supervision of Association; Accounts for Administration and Assessment

  There is created a nonprofit, unincorporated association to be known as the Georgia Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance, a health maintenance organization business, or a health care corporation business in this state. The association shall perform its functions under the plan of operation established and approved under Code Section 33-38-8 and shall exercise its powers through a board of directors established under Code Section 33-38-6.   The association shall come under the immediate supervision of the Commissioner and shall be subject to the applicable provisions of the insurance laws of this state.   For purposes of administration and assessment, the association shall maintain two accounts: (1) the health insurance account; and (2) the life insurance and annuity account. The life insurance and annuity account shall contain three subaccounts: (A) the life insurance account; (B) the annuity account; and (C) the unallocated annuity account.   For purposes of assessment, supplemental contracts shall be covered under the account in which the basic policy is covered.    (Code 1933, § 56-2204, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 1982, p. 3, § 33; Ga. L. 1988, p. 1900, § 3; Ga. L. 2012, p. 701, § 1/HB 786; Ga. L. 2020, p. 113, § 4/HB 1050.)    The 2020 amendment,  effective July 1, 2020, inserted ", a health maintenance organization business, or a health care corporation business" in the second sentence of subsection (a).   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 19.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, § 9.
GA Code § 33-38-6 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 38 - Georgia Life and Health Insurance Guaranty Association|§ 33-38-6. Membership of the Board of Directors; Vacancies; Compensation and Reimbursement of Expenses

  The board of directors of the association shall consist of not less than seven nor more than 11 member insurers serving terms as established in the plan of operation. The members of the board shall be selected by the Commissioner from a list provided to the Commissioner from the board. Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the Commissioner.   In approving selections of members to the board, the Commissioner shall consider, among other things, whether all member insurers are fairly represented.   Members of the board may be reimbursed from the assets of the association for reasonable expenses incurred by them in their capacity as members of the board of directors, but members of the board shall not otherwise be compensated by the association for their services.    (Code 1933, § 56-2205, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 1982, p. 3, § 33; Ga. L. 2012, p. 701, § 1/HB 786; Ga. L. 2020, p. 113, § 5/HB 1050.)    The 2020 amendment,  effective July 1, 2020, in the first sentence of subsection (a), substituted "seven" for "five" and "11" for "nine".   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 52.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, §§ 13, 14.
GA Code § 33-38-8 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 38 - Georgia Life and Health Insurance Guaranty Association|§ 33-38-8. Submission of Plan of Operation; Contents; Compliance With Such Plan

  The association shall submit to the Commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the association.The plan of operation and any amendments thereto shall become effective upon approval in writing by the Commissioner.If the association fails to submit a suitable plan of operation or, if at any time thereafter the association fails to submit suitable amendments to the plan, the Commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary or advisable to effectuate the provisions of this chapter.Such rules shall continue in force until modified by the Commissioner or superseded by a plan submitted by the association and approved in writing by the Commissioner.   All member insurers shall comply with the plan of operation.   The plan of operation shall, in addition to requirements enumerated elsewhere in this chapter:   Establish procedures for handling the assets of the association;   Establish the amount and method of reimbursing members of the board of directors under Code Section 33-38-6;   Establish regular places and times for meetings of the board of directors;   Establish procedures for records to be kept of all financial transactions of the association, its agents, and the board of directors;   Establish any additional procedures for assessments under Code Section 33-38-15; and   Contain additional provisions necessary or proper for the execution of the powers and duties of the association.      (Code 1933, § 56-2208, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786; Ga. L. 2019, p. 386, § 144/SB 133.)    The 2019 amendment,  effective July 1, 2019, deleted "within 180 days following July 1, 1981," following "plan of operation" near the middle of the third sentence of subsection (a).   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 77 et seq.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, § 87 et seq.
GA Code § 33-38-9 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 38 - Georgia Life and Health Insurance Guaranty Association|§ 33-38-9. Delegation of Powers and Duties of the Association

 The plan of operation described in Code Section 33-38-8 may provide that any or all powers and duties of the association, except those under subparagraph (a)(14)(C) of Code Section 33-38-7 and Code Section 33-38-15, shall be delegated to a corporation, association, or other organization which performs or will perform functions similar to those of this association or its equivalent in two or more states. Such a corporation, association, or organization shall be reimbursed for any payments made on behalf of the association and shall be paid for its performance of any function of the association. A delegation under this Code section shall take effect only with the approval of both the board of directors and the Commissioner and may be made only to a corporation, association, or organization which extends protection not substantially less favorable and effective than that provided for by this chapter.   (Code 1933, § 56-2208, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 1990, p. 8, § 33; Ga. L. 2012, p. 701, § 1/HB 786; Ga. L. 2020, p. 113, § 7/HB 1050.)    The 2020 amendment,  effective July 1, 2020, substituted "subparagraph (a)(14)(C)" for "subparagraph (C) of paragraph (14)" in the first sentence.
GA Code § 33-38-10 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 38 - Georgia Life and Health Insurance Guaranty Association|§ 33-38-10. Duties and Powers of the Commissioner

 In addition to the duties and powers enumerated elsewhere in this chapter:    The Commissioner shall:   Upon request of the board of directors, provide the association with a statement of the premiums in the appropriate states for each member insurer; and   When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. Notice to the impaired insurer shall constitute notice to its shareholders, if any. The failure of the impaired insurer to comply promptly with such demand shall not excuse the association from the performance of its powers and duties under this chapter; and     The Commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact business in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation.    (Code 1933, § 56-2209, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786; Ga. L. 2020, p. 113, § 8/HB 1050.)    The 2020 amendment,  effective July 1, 2020, inserted "impaired" in the last sentence of subparagraph (1)(B) and substituted "transact business" for "transact insurance" in the middle of paragraph (2).   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 79 et seq.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, § 49 et seq.
GA Code § 33-38-11 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 38 - Georgia Life and Health Insurance Guaranty Association|§ 33-38-11. Records of Meetings and Negotiations of the Association

 Records shall be kept of all negotiations and meetings in which the association or its representatives are involved to discuss the activities of the association in carrying out its powers and duties under Code Section 33-38-7. The records of the association with respect to an impaired or insolvent insurer shall not be disclosed prior to the termination of a liquidation, rehabilitation, or conservation proceeding involving the impaired or insolvent insurer, except (a) upon the termination of the impairment or insolvency of the insurer, or (b) upon the order of a court of competent jurisdiction. Nothing in this Code section shall limit the duty of the association to render a report of its activities under Code Section 33-38-12.   (Code 1933, § 56-2211, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786.)
GA Code § 33-38-12 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 38 - Georgia Life and Health Insurance Guaranty Association|§ 33-38-12. Examination of the Association by the Commissioner; Annual Report

 The association shall be subject to examination and regulation by the Commissioner. Notwithstanding the foregoing, whether such examinations shall be conducted and the frequency of any such examination shall be at the sole discretion of the Commissioner. The board of directors shall submit to the Commissioner not later than May 1 of each year a financial report and a report of its activities for the preceding calendar year on forms approved by the Commissioner.   (Code 1933, § 56-2212, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786.)
GA Code § 33-38-13 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 38 - Georgia Life and Health Insurance Guaranty Association|§ 33-38-13. Exemption of the Association From Taxation

 The association shall be exempt from all taxation in this state based upon income or gross receipts and shall likewise be exempt from all state and local occupation license and business fees and occupation license and business taxes.   (Code 1933, § 56-2213, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 71 Am. Jur. 2d, State and Local Taxation, § 309.   C.J.S.   - 84 C.J.S., Taxation, § 250.
GA Code § 33-38-14 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 38 - Georgia Life and Health Insurance Guaranty Association|§ 33-38-14. Immunity From Liability for Actions or Omissions in Performance of Powers and Duties Pursuant to This Chapter

 There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors, or the Commissioner or his or her representatives, for any action or omission by them in the performance of their powers and duties under this chapter. This immunity shall extend to the participation in any organization of one or more other state associations of similar purposes and to any such organization and its agents or employees.   (Code 1933, § 56-2214, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786.)   RESEARCH REFERENCES   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, § 15.
GA Code § 33-38-16 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 38 - Georgia Life and Health Insurance Guaranty Association|§ 33-38-16. Reports and Recommendations as to Solvency of Companies; Board May Report Information as to Insolvency of Member Insurer; Examinations of Member Insurers; Reports of Insurer Insolvencies

  The board of directors may, upon majority vote, make reports and recommendations to the Commissioner upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any member insurer, or to the solvency of any health maintenance organization, insurer, or health care corporation seeking to do business in this state. Such reports and recommendations shall not be considered public documents.   The board of directors may, upon majority vote, notify the Commissioner of any information indicating any member insurer may be an impaired or insolvent insurer.   The board of directors may, upon majority vote, request that the Commissioner order an examination of any member insurer which the board in good faith believes may be an impaired or insolvent insurer. Within 30 days of the receipt of such request, the Commissioner shall begin such examination. The examination may be conducted as a National Association of Insurance Commissioners' examination or may be conducted by such persons as the Commissioner designates. The cost of such examination shall be paid by the association, and the examination report shall be treated the same as other examination reports. In no event shall such examination report be released to the board of directors prior to its release to the public, but this shall not preclude the Commissioner from complying with subsection (a) of this Code section. The Commissioner shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the Commissioner, but it shall not be open to public inspection prior to the release of the examination report to the public.   The board of directors may, upon majority vote, make recommendations to the Commissioner for the detection and prevention of member insurer insolvencies.   The board of directors shall, at the conclusion of any insurer insolvency in which the association was obligated to pay covered claims, prepare a report to the Commissioner containing such information as it may have in its possession bearing on the history and causes of such insolvency. The board shall cooperate with the board of directors of guaranty associations in other states in preparing a report on the history and causes of insolvency of a particular insurer and may adopt by reference any report prepared by such other associations.    (Code 1933, § 56-2210, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786; Ga. L. 2020, p. 113, § 10/HB 1050.)    The 2020 amendment,  effective July 1, 2020, in the first sentence of subsection (a), substituted "health maintenance organization, insurer, or health care corporation" for "company" and deleted "an insurance" preceding "business in this state"; inserted a comma in the fourth sentence of subsection (c); and inserted "member" in subsection (d).
GA Code § 33-38-18 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 38 - Georgia Life and Health Insurance Guaranty Association|§ 33-38-18. Stay of Court Proceedings to Which Insolvent Insurer Is a Party; Setting Aside of Default Judgments

 All proceedings in any court in this state in which the insolvent insurer is a party shall be stayed 180 days from the date of a final order of liquidation, rehabilitation, or conservation to permit proper legal action by the association on any matters germane to its powers or duties. As to judgment entered under any decision, order, verdict, or finding based on default, the association may apply to have such judgment set aside by the same court that made such judgment and shall be permitted to defend against such action on the merits.   (Code 1933, § 56-2215, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786.)
GA Code § 33-38-19 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 38 - Georgia Life and Health Insurance Guaranty Association|§ 33-38-19. Notification as to Effect of Chapter

 The liquidator, rehabilitator, or conservator of any impaired insurer may notify all interested persons of the effect of this chapter.   (Code 1933, § 56-2209, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786.)
GA Code § 33-38-20 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 38 - Georgia Life and Health Insurance Guaranty Association|§ 33-38-20. Appeal to the Commissioner; Judicial Review

 Any action of the board of directors may be appealed to the Commissioner by any member insurer if such appeal is taken within 60 days of its receipt of notice of the action being appealed. Any final action or order of the Commissioner shall be subject to judicial review in a court of competent jurisdiction in accordance with the laws of this state that may apply to the actions or orders of the Commissioner.   (Code 1933, § 56-2209, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786.)
GA Code § 33-38-21 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 38 - Georgia Life and Health Insurance Guaranty Association|§ 33-38-21. References to the Association in Advertisements for Insurance

  No person, including a member insurer or agent or affiliate of a member insurer, shall make, publish, disseminate, circulate, or place before the public or cause directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in any newspaper, magazine, or other publication; in the form of a notice, circular, pamphlet, letter, or poster; over any radio station or television station; or in any other way, any advertisement, announcement, or statement which uses the existence of the association for the purposes of sales, solicitation, or inducement to purchase any form of insurance or other coverage covered by this chapter. This Code section shall not apply to the association or any other entity which does not sell or solicit insurance or coverage provided by a health maintenance organization or a health care corporation.   Any person who violates subsection (a) of this Code section may, after notice and hearing and upon order of the Commissioner, be subject to one or more of the following:   A monetary penalty of not more than $1,000.00 for each act or violation, but not to exceed an aggregate penalty of $10,000.00; or   Suspension or revocation of his or her license or certificate of authority.      (Code 1933, § 56-2216, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786; Ga. L. 2020, p. 113, § 12/HB 1050.)    The 2020 amendment,  effective July 1, 2020, in subsection (a), in the first sentence, substituted "a member insurer" for "an insurer" in two places and inserted "or other coverage", and added "or coverage provided by a health maintenance organization or a health care corporation" at the end of the last sentence.
GA Code § 33-38-22 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 38 - Georgia Life and Health Insurance Guaranty Association|§ 33-38-22. Premium Tax Liability Offsets; Refunds Offset Against Taxes

  A member insurer may offset against its premium tax liability to this state an assessment described in Code Section 33-38-15 to the extent of 20 percent of the amount of such assessment for each of the five calendar years following the year in which such assessment was paid. In the event a member insurer should cease doing business, all uncredited assessments may be credited against its premium tax liability for the year it ceases doing business.   A member insurer that is exempt from taxes referenced in subsection (a) of this Code section may recoup its assessments by a surcharge on its premiums in a sum reasonably calculated to recoup the assessments over a reasonable period of time, as approved by the Commissioner. Amounts recouped shall not be considered premiums for any other purpose, including the computation of gross premium tax, the medical loss ratio, or agent commission. If a member insurer collects excess surcharges, the insurer shall remit the excess amount to the association, and the excess amount shall be applied to reduce future assessments in the appropriate account.   Any sums which are acquired by refund, pursuant to subsection (f) of Code Section 33-38-15, from the association by member insurers and which have theretofore been offset against premium taxes as provided in subsection (a) of this Code section shall be paid by such member insurers to this state in such manner as the Commissioner may require. The association shall notify the Commissioner that such refunds have been made.     (Code 1981, §33-38-22, enacted by Ga. L. 1988, p. 1900, § 6; Ga. L. 1989, p. 14, § 33; Ga. L. 2012, p. 701, § 1/HB 786; Ga. L. 2020, p. 113, § 13/HB 1050.)    The 2020 amendment,  effective July 1, 2020, added subsection (b), redesignated former subsection (b) as present subsection (c), and inserted "member" in the first sentence of subsection (c).
GA Code § 33-39-1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 39 - Collection, Use, and Disclosure of Information Gathered by Insurance Institutions|§ 33-39-1. Purpose of Chapter

 The purpose of this chapter is to establish standards for the collection, use, and disclosure of information gathered in connection with insurance transactions by insurance institutions, agents, or insurance-support organizations; to maintain a balance between the need for information by those conducting the business of insurance and the public's need for fairness in insurance information practices, including the need to minimize intrusiveness; to establish a regulatory mechanism to enable natural persons to ascertain what information is being or has been collected about them in connection with insurance transactions and to have access to such information for the purpose of verifying or disputing its accuracy; to limit the disclosure of information collected in connection with insurance transactions; and to enable insurance applicants and policyholders to obtain the reasons for any adverse underwriting decision.    (Code 1981, §33-39-1, enacted by Ga. L. 1982, p. 615, § 1.)