reglab/housing_qa huggingface dataset:
GA Code § 33-36-8 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 36 - Georgia Insurers Insolvency Pool|§ 33-36-8. Issuance by Commissioner of Notice of Judicial Determination of Insolvency of Insurer; Requirement of Notification of Insureds by Agents of Insurer; Publication of Notice

 Upon the determination of a court of competent jurisdiction of the state of domicile of an insurer that the insurer is insolvent, the Commissioner of this state shall promptly give notice of the insurer's insolvency by first-class mail to all persons known or reasonably expected to have or be interested in claims against the insurer at such person's last known address, all insureds of the insolvent insurer known to the Commissioner at such insured's last known address, and all insurers subject to this chapter. The Commissioner may also require each agent of the insolvent insurer to give prompt written notice by first-class mail at the insured's last known address to each insured of the insolvent insurer for whom he was agent of record. Notice shall also be given by publication in a newspaper of general circulation published in the county where the insurer had its principal office not less than once per week for four weeks and by publication elsewhere in this state as the court may direct.   (Ga. L. 1970, p. 700, § 5; Ga. L. 1982, p. 3, § 33; Ga. L. 1990, p. 8, § 33.)
GA Code § 33-36-10 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 36 - Georgia Insurers Insolvency Pool|§ 33-36-10. Recovery Under Chapter of Covered Claims Recoverable Under Insolvency Funds of Other States

  It is not the purpose of this chapter to provide or permit duplicate recoveries of covered claims under this chapter and an insolvency fund or its equivalent of any other state. In the construction and application of this chapter with respect to a covered claim which may be recoverable under this chapter and under an insolvency fund or its equivalent in another state, the sole recovery: (1) with respect to a workers' compensation claim, shall be under the insolvency fund or its equivalent of the state of residence of the claimant; (2) with respect to a first-party claim of an insured for damage to or destruction of property with a permanent location, shall be under the insolvency fund or its equivalent of the state where the property is permanently situated; and (3) with respect to any other covered claim, shall be under the insolvency fund or its equivalent of the state of residence of the insured.   Any recovery obtained from the pool pursuant to this chapter shall be reduced by those amounts recovered in any other state from a similar or equivalent insolvency fund in such state when the recovery was obtained by the same claimant for the same claim filed against the pool in this state.    (Ga. L. 1970, p. 700, § 16; Ga. L. 1989, p. 74, § 6.)
GA Code § 33-36-11 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 36 - Georgia Insurers Insolvency Pool|§ 33-36-11. Limitation for Filing Claims; Claims Filed After Final Date Set by Court; Default Judgments

  Notwithstanding any other provisions of this chapter, except as provided for in Code Section 33-36-20, a covered claim shall not include a claim filed with the pool after the earlier of (1) 18 months after the date of the order of liquidation, or (2) the final date set by the court for the filing of claims against the liquidator or receiver of an insolvent insurer and shall not include any claim filed with the pool or a liquidator for protection afforded under the insured's policy for incurred but not reported losses.   The pool may not be found in default. No default judgments may be entered against the pool, the insolvent insurer, or the insured of the insolvent insurer after the instigation of an insolvency proceeding prior to an order of liquidation, nor during the pendency of insolvency proceedings, nor during a 120 day stay following an order of liquidation.   In no instance may a finding of default or the entry of a default judgment against an insurer be applicable or enforceable against the pool or the insured of the insolvent insurer.    (Ga. L. 1970, p. 700, § 9; Ga. L. 1989, p. 74, § 7; Ga. L. 1992, p. 6, § 33; Ga. L. 2005, p. 563, § 18/HB 407; Ga. L. 2010, p. 1085, § 1/HB 1364; Ga. L. 2013, p. 141, § 33/HB 79.)   Editor's notes.   - Ga. L. 2005, p. 563, § 24/HB 407, not codified by the General Assembly, provides that the amendment to this Code section shall apply to insolvencies which occur on or after July 1, 2005.   Ga. L. 2006, p. 887, § 1/HB 1444, not codified by the General Assembly, amended Ga. L. 2005, p. 563, § 24/HB 407, to read: "The provisions of Section 12 of this Act shall apply to insolvencies that occur on or after the effective date of this Act. All other provisions shall apply as of the effective date of this Act." Ga. L. 2005, p. 563, became effective July 1, 2005.
GA Code § 33-36-12 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 36 - Georgia Insurers Insolvency Pool|§ 33-36-12. Powers and Duties of Commissioner as to Collection of Assessments; Judicial Review

 The Commissioner shall bring an action for and recover, on behalf of the pool, any assessment not paid when due. He may, after notice and hearing, revoke the certificate of authority to transact business in this state of an insurer who is a member of the pool which fails to pay an assessment when due as provided in this chapter and after demand having been made or which otherwise fails to comply with the plan as approved pursuant to Code Section 33-36-6. Any action taken by the Commissioner shall be subject to judicial review as provided in Code Sections 33-2-26 through 33-2-28.   (Ga. L. 1970, p. 700, § 12.)
GA Code § 33-36-13 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 36 - Georgia Insurers Insolvency Pool|§ 33-36-13. Allowance of Claims by Receivers, Liquidators, or Statutory Successors; Appointment of Pool as Insurer's Agent

 With respect to insolvent insurers incorporated in this state, the receiver, liquidator, or statutory successor shall allow as a proper claim on the assets of the insolvent insurer amounts paid under this chapter by or on behalf of the pool or paid by an insolvency fund or its equivalent in another state on or with respect to covered claims, notwithstanding provisions to the contrary in any statute of this state relating to the rights and duties of such receiver, liquidator, or statutory successor. As a condition of an insurer doing business in this state, all property and casualty insurance policies issued or renewed shall be deemed to provide that the insurer appoints the pool as its agent with respect to investigation, adjustment, compromise, and settlement of covered claims and to reimburse the pool for any payment made under the terms of this chapter, and that such appointment and obligation shall be binding on any receiver, liquidator, or statutory successor appointed to liquidate or wind up its affairs.   (Ga. L. 1970, p. 700, § 10; Ga. L. 2005, p. 563, § 19/HB 407.)   Editor's notes.   - Ga. L. 2005, p. 563, § 24/HB 407, not codified by the General Assembly, provides that the amendment to this Code section shall apply to insolvencies which occur on or after July 1, 2005.   Ga. L. 2006, p. 887, § 1/HB 1444, not codified by the General Assembly, amended Ga. L. 2005, p. 563, § 24,/HB 407 to read: "The provisions of Section 12 of this Act shall apply to insolvencies that occur on or after the effective date of this Act. All other provisions shall apply as of the effective date of this Act." Ga. L. 2005, p. 563, became effective July 1, 2005.
GA Code § 33-36-14.1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 36 - Georgia Insurers Insolvency Pool|§ 33-36-14.1. Recommendations and Report by the Board of Trustees

  To aid in the detection and prevention of insurer insolvencies:   The board of trustees may, upon majority vote, make recommendations to the Commissioner for the detection and prevention of insurer insolvencies;   The board of trustees may, upon majority vote, make recommendations to the Commissioner on matters generally related to improving or enhancing regulation for solvency; and   The board of trustees may, at the conclusion of any domestic insurer insolvency in which the pool was obligated to pay covered claims, prepare a report on the history and causes of such insolvency based on the information available to the pool and submit such report to the Commissioner.     Reports and recommendations made pursuant to this Code section shall not be considered public documents.     (Code 1981, §33-36-14.1, enacted by Ga. L. 2005, p. 563, § 21/HB 407.)   Editor's notes.   - Ga. L. 2005, p. 563, § 24/HB 407, not codified by the General Assembly, provides that this Code section shall apply to insolvencies which occur on or after July 1, 2005.   Ga. L. 2006, p. 887, § 1/HB 1444, not codified by the General Assembly, amended Ga. L. 2005, p. 563, § 24/HB 407, to read: "The provisions of Section 12 of this Act shall apply to insolvencies that occur on or after the effective date of this Act. All other provisions shall apply as of the effective date of this Act." Ga. L. 2005, p. 563, became effective July 1, 2005.
GA Code § 33-36-15 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 36 - Georgia Insurers Insolvency Pool|§ 33-36-15. Examination of Pool

 The pool shall be deemed a company or insurer within the scope of Code Section 33-2-11 relating to examinations. Notwithstanding the provisions of Code Section 33-2-11 or this Code section, whether such examinations shall be conducted and the frequency of any such examinations shall be at the sole discretion of the Commissioner.   (Ga. L. 1970, p. 700, § 13; Ga. L. 2005, p. 563, § 22/HB 407.)   Editor's notes.   - Ga. L. 2005, p. 563, § 24/HB 407, not codified by the General Assembly, provides that the amendment to this Code section shall apply to insolvencies which occur on or after July 1, 2005.   Ga. L. 2006, p. 887, § 1/HB 1444, not codified by the General Assembly, amended Ga. L. 2005, p. 563, § 24/HB 407, to read: "The provisions of Section 12 of this Act shall apply to insolvencies that occur on or after the effective date of this Act. All other provisions shall apply as of the effective date of this Act." Ga. L. 2005, p. 563, became effective July 1, 2005.
GA Code § 33-36-16 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 36 - Georgia Insurers Insolvency Pool|§ 33-36-16. Exemption From Taxation of Pool

 The pool shall be exempt from all license fees, income, franchise, privilege, occupation, or other taxes levied or assessed by the state, any municipality, county, or other political subdivision of the state, except state, county, or municipal taxes upon the real or personal property of the pool, which shall be assessed and taxed in the same manner as real property and personal property of other nonexempt persons.   (Ga. L. 1970, p. 700, § 14.)
GA Code § 33-36-16.1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 36 - Georgia Insurers Insolvency Pool|§ 33-36-16.1. Immunity From Liability for Performance of Powers and Duties Under 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, the pool or its agents or employees, the board of trustees, or any person serving as a representative of any member of the board of trustees for any action taken or any failure to act by them in the performance of their powers and duties under this chapter.    (Code 1981, §33-36-16.1, enacted by Ga. L. 2005, p. 563, § 23/HB 407.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2005, a comma was inserted following "arise against" near the beginning of this Code section.   Editor's notes.   - Ga. L. 2005, p. 563, § 24/HB 407, not codified by the General Assembly, provides that this Code section shall apply to insolvencies which occur on or after July 1, 2005.   Ga. L. 2006, p. 887, § 1/HB 1444, not codified by the General Assembly, amended Ga. L. 2005, p. 563, § 24/HB 407, to read: "The provisions of Section 12 of this Act shall apply to insolvencies that occur on or after the effective date of this Act. All other provisions shall apply as of the effective date of this Act." Ga. L. 2005, p. 563, became effective July 1, 2005.
GA Code § 33-36-17 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 36 - Georgia Insurers Insolvency Pool|§ 33-36-17. Termination of Operation of Pool as to Particular Kinds of Insurance; Proceeds Upon Termination of Operation of Pool; Expiration of Pool

  The Commissioner shall by order terminate the operation of the insolvency pool as to any kind of insurance afforded by property or casualty insurance policies with respect to which he has found, after hearing, that there is in effect a statutory or voluntary plan which:   Is a permanent plan which is adequately funded or for which adequate funding is provided; and   Extends, or will extend to the Georgia policyholders and residents, protection and benefits with respect to insolvent insurers not substantially less favorable and effective to such policyholders and residents than the protection and benefits provided with respect to that kind of insurance under this chapter.     The Commissioner shall by the same order authorize discontinuance of future payments by insurers to the insolvency pool with respect to the same kinds of insurance, provided that assessments and payments shall continue as necessary to liquidate covered claims of insurers adjudged insolvent prior to the order and the related expenses not covered by the other plan.   In the event the operation of any account of the insolvency pool shall be so terminated as to all kinds of insurance otherwise within its scope, the pool as soon as possible after the termination shall distribute the balance of moneys and assets remaining in the account (after discharge of the functions of the pool with respect to prior insurer insolvencies not covered by such other plan, together with related expenses) to the insurers which are then writing in this state policies of the kinds of insurance covered by such account, and which had made payments into such account, pro rata upon the basis of the aggregate of the payments made by the respective insurers to the account during the period of five years preceding the date of the order. Upon completion of such distribution with respect to all of the accounts specified in Code Section 33-36-7, this chapter shall be deemed to have expired.    (Ga. L. 1970, p. 700, § 17; Ga. L. 1982, p. 3, § 33.)
GA Code § 33-36-18 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 36 - Georgia Insurers Insolvency Pool|§ 33-36-18. Appeal to Commissioner; Judicial Review

 Any action of the Insurers Solvency Board may be appealed to the Commissioner by any member insurer if such appeal is taken within 30 days 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.    (Code 1981, §33-36-18, enacted by Ga. L. 1985, p. 1485, § 8.)   Editor's notes.   - Ga. L. 1985, p. 1485, § 9, not codified by the General Assembly, provided that that Act would be applicable to all insolvencies occurring on or after July 1, 1985.
GA Code § 33-36-19 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 36 - Georgia Insurers Insolvency Pool|§ 33-36-19. Advertisements, Announcements, or Statements Using Insolvency Pool for Purpose of Sales

  No person, including an insurer or agent or affiliate of an 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 pool for the purposes of sales, solicitation, or inducement to purchase any form of insurance covered by this chapter. This Code section shall not apply to the pool or any other entity which does not sell or solicit insurance.   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 both 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 license or certificate of authority.       (Code 1981, §33-36-19, enacted by Ga. L. 1989, p. 74, § 9.)
GA Code § 33-36-20 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 36 - Georgia Insurers Insolvency Pool|§ 33-36-20. Liability of Pool to Claimants and Electing Insureds in Emergency Circumstances; Definitions; Exceptions

  It is the policy of this state to protect insureds and their claimants from liability as a result of the insolvency of insurers. In furtherance of this policy, it is the intent of the legislature, notwithstanding any provision of law to the contrary, that the Georgia Insurers Insolvency Pool shall be liable to claimants and electing insureds in emergency circumstances.   As used in this Code section, the term:   "Electing insured" means any insured under a workers' compensation insurance policy that is impacted by an emergency circumstance. Such term shall include but not be limited to governmental insureds and other insureds under a workers' compensation insurance policy impacted by an emergency circumstance whose net worth exceeds $25 million as of December 31 of the year preceding the filing of a claim.   "Emergency circumstance" means a circumstance in which an association or industrial insured captive insurance company, including such a captive company that subsequently was authorized to transact business pursuant to Chapter 3 of this title, that is issuing, or which has issued, workers' compensation insurance contracts and has been declared insolvent.   "Emergency claimant" means any third-party claimant, under a workers' compensation insurance policy, who is impacted by an emergency circumstance and whose employer has, by a court of competent jurisdiction, been declared bankrupt or insolvent.     Any electing insured whose net worth is less than $25 million as of December 31 of the year preceding the filing of a claim may be shielded from liability by the pool and have any workers' compensation claims filed against such electing insured covered by the pool, provided said electing insured pays $10,000.00 per claim to the insolvency pool prior to October 1, 2010. Any electing insured whose net worth exceeds $25 million as of December 31 of the year preceding the filing of a claim may be shielded from liability by the pool and have any workers' compensation claims filed against such electing insured covered by the pool, provided said electing insured pays $50,000.00 per claim to the insolvency pool prior to October 1, 2010. Claims of all emergency claimants shall be covered by the insolvency pool.   Claimants shall retain the right to pursue claims against any insured that is not an electing insured.     (Code 1981, §33-36-20, enacted by Ga. L. 2010, p. 1085, § 3/HB 1364.)
GA Code § 33-38-1 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 38 - Georgia Life and Health Insurance Guaranty Association|§ 33-38-1. Purpose

 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 Commissioner, in the prescribed manner, in the detection and prevention of insurer impairments or insolvencies.   (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.   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 33-38-1.   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.
GA Code § 33-38-3 (2021)
2021 Georgia Code|Title 33 - Insurance|Chapter 38 - Georgia Life and Health Insurance Guaranty Association|§ 33-38-3. Construction

 This chapter shall be construed to effect the purpose set forth in Code Section 33-38-1.   (Code 1933, § 56-2218, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786.)