reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 37 - INSURERS REHABILITATION AND LIQUIDATION (§§ 33-37-1 — 33-37-58) › Article 4 - LIQUIDATION PROCEEDINGS (§§ 33-37-49 — 33-37-58) › Section 33-37-50 - Commissioner appointed as liquidator of foreign or alien insurer's assets; grounds

(a)
If no domiciliary receiver has been appointed, the Commissioner may apply to the superior court by verified petition for an order directing him to liquidate the assets found in this state of a foreign insurer or an alien insurer not domiciled in this state, on any of the following grounds:
(1)
Any of the grounds provided in Code Section
33-37-11
or
33-37-16
; or
(2)
Any of the grounds specified in paragraphs (2) through (4) of subsection (a) of Code Section
33-37-49
.
(b)
When an order is sought under subsection (a) of this Code section, the court shall cause the insurer to be given such notice and time to respond thereto as is reasonable under the circumstances.
(c)
If it shall appear to the court that the best interests of creditors, policyholders, and the public require, the court may issue an order to liquidate in whatever terms it shall deem appropriate. The filing or recording of the order with the clerk of the superior court of the county in which the principal business of the company is located or the county in which its principal office or place of business is located shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with the clerk would have imparted.
(d)
If a domiciliary liquidator is appointed in another state while a liquidation is proceeding under this Code section, the liquidator under this Code section shall thereafter act as ancillary receiver under Code Section
33-37-52
.
(e)
On the same grounds as are specified in subsection (a) of this Code section, the Commissioner may petition any appropriate federal district court to be appointed receiver to liquidate that portion of the insurer's assets and business over which the court will exercise jurisdiction or any lesser part thereof that the Commissioner deems desirable for the protection of the policyholders and creditors in this state.
(f)
The court may order the Commissioner, when he has liquidated the assets of a foreign or alien insurer under this Code section, to pay claims of residents of this state against the insurer under such rules as to the liquidation of insurers under this chapter as are otherwise compatible with the provisions of this Code section.
Amended by 2016 Ga. Laws 607,§ 2, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 37 - INSURERS REHABILITATION AND LIQUIDATION (§§ 33-37-1 — 33-37-58) › Article 4 - LIQUIDATION PROCEEDINGS (§§ 33-37-49 — 33-37-58) › Section 33-37-51 - Title to property of insurer domiciled in another state; rights of resident claimants

(a)
The domiciliary liquidator of an insurer domiciled in another state shall, except as to special deposits and security on secured claims under subsection (c) of Code Section
33-37-52
, be vested by operation of law with the title to all of the assets, property, contracts and rights of action, agents' balances, and all of the books, accounts, and other records of the insurer located in this state. The date of vesting shall be the date of the filing of the petition, if that date is specified by the domiciliary law for the vesting of property in the domiciliary state. Otherwise, the date of vesting shall be the date of entry of the order directing possession to be taken. The domiciliary liquidator shall have the immediate right to recover balances due from agents and to obtain possession of the books, accounts, and other records of the insurer located in this state. He or she also shall have the right to recover all other assets of the insurer located in this state, subject to the provisions of Code Section
33-37-52
.
(b)
Claimants residing in this state may file claims with the liquidator or ancillary receiver, if any, in this state or with the domiciliary liquidator if the domiciliary law permits. The claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceedings.
Amended by 2016 Ga. Laws 607,§ 3, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 37 - INSURERS REHABILITATION AND LIQUIDATION (§§ 33-37-1 — 33-37-58) › Article 4 - LIQUIDATION PROCEEDINGS (§§ 33-37-49 — 33-37-58) › Section 33-37-53 - Commissioner's cooperation with officials of domiciliary state of foreign or alien insurer

The Commissioner in his sole discretion may institute proceedings under Code Sections
33-37-9
and
33-37-10
at the request of the commissioner or other appropriate insurance official of the domiciliary state of any foreign or alien insurer having property located in this state.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 37 - INSURERS REHABILITATION AND LIQUIDATION (§§ 33-37-1 — 33-37-58) › Article 4 - LIQUIDATION PROCEEDINGS (§§ 33-37-49 — 33-37-58) › Section 33-37-54 - Rights of nonresident claimants in proceeding against domiciliary insurer

(a)
In a liquidation proceeding begun in this state against an insurer domiciled in this state, claimants residing in foreign countries or in other states where an ancillary receiver has not been appointed must file claims in this state, and claimants residing in other states where an ancillary receiver has been appointed may file claims either with the ancillary receivers in their respective states or with the domiciliary liquidator. Claims must be filed on or before the last date fixed for the filing of claims in the domiciliary liquidation proceeding.
(b)
Claims belonging to claimants residing in other states where an ancillary receiver has been appointed may be proved either in the liquidation proceeding in this state as provided in this chapter or in ancillary proceedings in the other states. If notice of the claims and opportunity to appear and be heard is afforded the domiciliary liquidator of this state as provided in subsection (b) of Code Section
33-37-55
with respect to ancillary proceedings, the final allowance of claims by the courts in ancillary proceedings in other states shall be conclusive as to amount and as to priority against special deposits or other security located in such ancillary states, but shall not be conclusive with respect to priorities against general assets under Code Section
33-37-41
.
Amended by 2016 Ga. Laws 607,§ 5, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 37 - INSURERS REHABILITATION AND LIQUIDATION (§§ 33-37-1 — 33-37-58) › Article 4 - LIQUIDATION PROCEEDINGS (§§ 33-37-49 — 33-37-58) › Section 33-37-55 - Rights of resident claimants in proceeding in another state against nondomiciliary insurer

(a)
In a liquidation proceeding in another state against an insurer domiciled in that state, claimants against the insurer who reside within this state may file claims either with the ancillary receiver, if any, in this state or with the domiciliary liquidator. Claims must be filed on or before the last dates fixed for the filing of claims in the domiciliary liquidation proceeding.
(b)
Claims belonging to claimants residing in this state may be proved either in the domiciliary state under the law of that state or in ancillary proceedings, if any, in this state. If a claimant elects to prove his or her claim in this state, he or she shall file such claim with the ancillary receiver in the manner provided in Code Sections
33-37-34
and
33-37-35
. The ancillary receiver shall make his or her recommendation to the court as under Code Section
33-37-42
. He or she shall also arrange a date for hearing if necessary under Code Section
33-37-38
and shall give notice to the liquidator in the domiciliary state, either by certified mail or statutory overnight delivery or by personal service at least 40 days prior to the date set for hearing. If the domiciliary liquidator, within 30 days after the giving of such notice, gives notice in writing to the ancillary receiver and to the claimant, either by certified mail or statutory overnight delivery or by personal service, of his or her intention to contest the claim, he or she shall be entitled to appear or to be represented in any proceeding in this state involving the adjudication of the claim.
(c)
If a claimant files a claim in this state with the ancillary receiver, the final allowance of the claim by the courts of this state shall be accepted as conclusive as to amount and as to priority against special deposits or other security located in this state.
Amended by 2016 Ga. Laws 607,§ 6, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 37 - INSURERS REHABILITATION AND LIQUIDATION (§§ 33-37-1 — 33-37-58) › Article 4 - LIQUIDATION PROCEEDINGS (§§ 33-37-49 — 33-37-58) › Section 33-37-56 - Stay of proceedings during pendency of liquidation proceeding

During the pendency in this or any other state of a liquidation proceeding, whether called by that name or not, no action or proceeding in the nature of an attachment, garnishment, or levy of execution shall be commenced or maintained in this state against the delinquent insurer or its assets.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 37 - INSURERS REHABILITATION AND LIQUIDATION (§§ 33-37-1 — 33-37-58) › Article 4 - LIQUIDATION PROCEEDINGS (§§ 33-37-49 — 33-37-58) › Section 33-37-57 - Superiority of order of distribution issued by domiciliary state; priority of payment and claims; rights of secured creditors

(a)
In a liquidation proceeding in this state involving one or more other states, the order of distribution of the domiciliary state shall control as to all claims of residents of this and other states. All claims of residents of other states shall be given equal priority of payment from general assets regardless of where such assets are located.
(b)
The owners of special deposit claims against an insurer for which a liquidator is appointed in this or any other state shall be given priority against the special deposits in accordance with the statutes governing the creation and maintenance of the deposits. If there is a deficiency in any deposit, so that the claims secured by it are not fully discharged from it, the claimants may share in the general assets, but the sharing shall be deferred until general creditors, and also claimants against other special deposits who have received smaller percentages from their respective special deposits, have been paid percentages of their claims equal to the percentage paid from the special deposit.
(c)
The owner of a secured claim against an insurer for which a liquidator has been appointed in this or any other state may surrender his security and file his claim as a general creditor, or the claim may be discharged by resort to the security in accordance with Code Section
33-37-40
, in which case the deficiency, if any, shall be treated as a claim against the general assets of the insurer on the same basis as claims of unsecured creditors.
Amended by 2016 Ga. Laws 607,§ 7, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 37 - INSURERS REHABILITATION AND LIQUIDATION (§§ 33-37-1 — 33-37-58) › Article 4 - LIQUIDATION PROCEEDINGS (§§ 33-37-49 — 33-37-58) › Section 33-37-58 - Failure of ancillary receiver to transfer assets

If an ancillary receiver in another state or foreign country, whether called by that name or not, fails to transfer to the domiciliary liquidator in this state any assets within his control other than special deposits, diminished only by the expenses of the ancillary receivership, if any, the claims filed in the ancillary receivership, other than special deposit claims or secured claims, shall be placed in the class of claims under paragraph (7) of Code Section
33-37-41
.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 38 - GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION (§§ 33-38-1 — 33-38-22) › Section 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.
Amended by 2020 Ga. Laws 405,§ 1, eff. 7/1/2020.
Amended by 2012 Ga. Laws 668,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 38 - GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION (§§ 33-38-1 — 33-38-22) › Section 33-38-3 - Construction

This chapter shall be construed to effect the purpose set forth in Code Section
33-38-1
.
Amended by 2012 Ga. Laws 668,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 38 - GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION (§§ 33-38-1 — 33-38-22) › Section 33-38-5 - Creation; required membership; functions and powers; supervision of association; accounts for administration and assessment

(a)
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
.
(b)
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.
(c)
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.
(d)
For purposes of assessment, supplemental contracts shall be covered under the account in which the basic policy is covered.
Amended by 2020 Ga. Laws 405,§ 4, eff. 7/1/2020.
Amended by 2012 Ga. Laws 668,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 38 - GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION (§§ 33-38-1 — 33-38-22) › Section 33-38-6 - Membership of the board of directors; vacancies; compensation and reimbursement of expenses

(a)
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.
(b)
In approving selections of members to the board, the Commissioner shall consider, among other things, whether all member insurers are fairly represented.
(c)
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.
Amended by 2020 Ga. Laws 405,§ 5, eff. 7/1/2020.
Amended by 2012 Ga. Laws 668,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 38 - GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION (§§ 33-38-1 — 33-38-22) › Section 33-38-8 - Submission of plan of operation; contents; compliance with such plan

(a)
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.
(b)
All member insurers shall comply with the plan of operation.
(c)
The plan of operation shall, in addition to requirements enumerated elsewhere in this chapter:
(1)
Establish procedures for handling the assets of the association;
(2)
Establish the amount and method of reimbursing members of the board of directors under Code Section
33-38-6
;
(3)
Establish regular places and times for meetings of the board of directors;
(4)
Establish procedures for records to be kept of all financial transactions of the association, its agents, and the board of directors;
(5)
Establish any additional procedures for assessments under Code Section
33-38-15
; and
(6)
Contain additional provisions necessary or proper for the execution of the powers and duties of the association.
Amended by 2019 Ga. Laws 140,§ 144, eff. 7/1/2019.
Amended by 2012 Ga. Laws 668,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 38 - GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION (§§ 33-38-1 — 33-38-22) › Section 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.
Amended by 2020 Ga. Laws 405,§ 7, eff. 7/1/2020.
Amended by 2012 Ga. Laws 668,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 38 - GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION (§§ 33-38-1 — 33-38-22) › Section 33-38-10 - Duties and powers of the Commissioner

In addition to the duties and powers enumerated elsewhere in this chapter:
(1)
The Commissioner shall:
(A)
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
(B)
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
(2)
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.
Amended by 2020 Ga. Laws 405,§ 8, eff. 7/1/2020.
Amended by 2012 Ga. Laws 668,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 38 - GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION (§§ 33-38-1 — 33-38-22) › Section 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
.
Amended by 2012 Ga. Laws 668,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 38 - GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION (§§ 33-38-1 — 33-38-22) › Section 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.
Amended by 2012 Ga. Laws 668,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 38 - GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION (§§ 33-38-1 — 33-38-22) › Section 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.
Amended by 2012 Ga. Laws 668,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 38 - GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION (§§ 33-38-1 — 33-38-22) › Section 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.
Amended by 2012 Ga. Laws 668,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 38 - GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION (§§ 33-38-1 — 33-38-22) › Section 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

(a)
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.
(b)
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.
(c)
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.
(d)
The board of directors may, upon majority vote, make recommendations to the Commissioner for the detection and prevention of member insurer insolvencies.
(e)
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.
Amended by 2020 Ga. Laws 405,§ 10, eff. 7/1/2020.
Amended by 2012 Ga. Laws 668,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 38 - GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION (§§ 33-38-1 — 33-38-22) › Section 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.
Amended by 2012 Ga. Laws 668,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 38 - GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION (§§ 33-38-1 — 33-38-22) › Section 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.
Amended by 2012 Ga. Laws 668,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 38 - GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION (§§ 33-38-1 — 33-38-22) › Section 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.
Amended by 2012 Ga. Laws 668,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 38 - GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION (§§ 33-38-1 — 33-38-22) › Section 33-38-21 - References to the association in advertisements for insurance

(a)
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.
(b)
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:
(1)
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
(2)
Suspension or revocation of his or her license or certificate of authority.
Amended by 2020 Ga. Laws 405,§ 12, eff. 7/1/2020.
Amended by 2012 Ga. Laws 668,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 38 - GEORGIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION (§§ 33-38-1 — 33-38-22) › Section 33-38-22 - Premium tax liability offsets; refunds offset against taxes

(a)
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.
(b)
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.
(c)
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.
Amended by 2020 Ga. Laws 405,§ 13, eff. 7/1/2020.
Amended by 2012 Ga. Laws 668,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 39 - COLLECTION, USE, AND DISCLOSURE OF INFORMATION GATHERED BY INSURANCE INSTITUTIONS (§§ 33-39-1 — 33-39-23) › Section 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.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 39 - COLLECTION, USE, AND DISCLOSURE OF INFORMATION GATHERED BY INSURANCE INSTITUTIONS (§§ 33-39-1 — 33-39-23) › Section 33-39-2 - Applicability of obligations imposed by chapter; extension of rights granted by chapter; applicability of chapter to information from public records pertaining to title insurance

(a)
The obligations imposed by this chapter shall apply to those insurance institutions, agents, or insurance-support organizations which:
(1)
In the case of life, health, or disability insurance:
(A)
Collect, receive, or maintain information which pertains to natural persons who are residents of this state in connection with insurance transactions; or
(B)
Engage in insurance transactions with applicants, individuals, or policyholders who are residents of this state; and
(2)
In the case of property or casualty insurance:
(A)
Collect, receive, or maintain information in connection with insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state; or
(B)
Engage in insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state.
(b)
The rights granted by this chapter shall extend to:
(1)
In the case of life, health, or disability insurance, the following persons who are residents of this state:
(A)
Natural persons who are the subject of information collected, received, or maintained in connection with insurance transactions; and
(B)
Applicants, individuals, or policyholders who engage in or seek to engage in insurance transactions; and
(2)
In the case of property or casualty insurance, the following persons:
(A)
Natural persons who are the subject of information collected, received, or maintained in connection with insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state; and
(B)
Applicants, individuals, or policyholders who engage in or seek to engage in insurance transactions involving policies, contracts, or certificates of insurance delivered, issued for delivery, or renewed in this state.
(c)
For purposes of this Code section, a person shall be considered a resident of this state if the person's last known mailing address, as shown in the records of the insurance institution, agent, or insurance-support organization, is located in this state.
(d)
Notwithstanding subsections (a) and (b) of this Code section, this chapter shall not apply to information collected from the public records of a governmental authority and maintained by an insurance institution or its representatives for the purpose of insuring the title to real property located in this state.
Amended by 2019 Ga. Laws 140,§ 145, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 39 - COLLECTION, USE, AND DISCLOSURE OF INFORMATION GATHERED BY INSURANCE INSTITUTIONS (§§ 33-39-1 — 33-39-23) › Section 33-39-4 - Pretext interviews

No insurance institution, agent, or insurance-support organization shall use or authorize the use of pretext interviews to obtain information in connection with an insurance transaction; provided, however, a pretext interview may be undertaken to obtain information from a person or institution that does not have a generally or statutorily recognized privileged relationship with the person about whom the information relates for the purpose of investigating a claim where, based upon specific information available for review by the Commissioner, there is a reasonable basis for suspecting criminal activity, fraud, material misrepresentation, or material nondisclosure in connection with the claim.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 39 - COLLECTION, USE, AND DISCLOSURE OF INFORMATION GATHERED BY INSURANCE INSTITUTIONS (§§ 33-39-1 — 33-39-23) › Section 33-39-6 - Specification of questions designed to obtain marketing or research information

An insurance institution or agent shall clearly specify those questions designed to obtain information solely for marketing or research purposes from an individual in connection with an insurance transaction.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 39 - COLLECTION, USE, AND DISCLOSURE OF INFORMATION GATHERED BY INSURANCE INSTITUTIONS (§§ 33-39-1 — 33-39-23) › Section 33-39-7 - Disclosure authorization forms authorizing disclosure of personal or privileged information

Notwithstanding any other provision of law of this state, no insurance institution, agent, or insurance-support organization may utilize as its disclosure authorization form in connection with insurance transactions a form or statement which authorizes the disclosure of personal or privileged information about an individual to the insurance institution, agent, or insurance-support organization unless the form or statement:
(1)
Is written in plain language;
(2)
Is dated;
(3)
Specifies the types of persons authorized to disclose information about the individual;
(4)
Specifies the nature of the information authorized to be disclosed;
(5)
Names the insurance institution or agent and identifies by generic reference representatives of the insurance institution to whom the individual is authorizing information to be disclosed;
(6)
Specifies the purposes for which the information is collected;
(7)
Specifies the length of time such authorization shall remain valid, which shall be no longer than:
(A)
In the case of authorizations signed for the purpose of collecting information in connection with an application for an insurance policy, a policy reinstatement or a request for change in policy benefits:
(i)
Thirty months from the date the authorization is signed if the application or request involves life, health, or disability insurance;
(ii)
One year from the date the authorization is signed if the application or request involves property or casualty insurance; or
(B)
In the case of authorizations signed for the purpose of collecting information in connection with a claim for benefits under an insurance policy:
(i)
The term of coverage of the policy if the claim is for a health insurance benefit;
(ii)
The duration of the claim if the claim is not for a health insurance benefit; and
(8)
Advises the individual or person authorized to act on behalf of the individual that the individual or the individual's authorized representative is entitled to receive a copy of the authorization form.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 39 - COLLECTION, USE, AND DISCLOSURE OF INFORMATION GATHERED BY INSURANCE INSTITUTIONS (§§ 33-39-1 — 33-39-23) › Section 33-39-8 - Investigative consumer reports

(a)
No insurance institution, agent, or insurance-support organization may prepare or request an investigative consumer report about an individual in connection with an insurance transaction involving an application for insurance, a policy renewal, a policy reinstatement, or a change in insurance benefits unless the insurance institution or agent informs the individual:
(1)
That he or she may request to be interviewed in connection with the preparation of the investigative consumer report; and
(2)
That upon a request pursuant to Code Section
33-39-9
, he or she is entitled to receive a copy of the investigative consumer report.
(b)
If an investigative consumer report is to be prepared by an insurance institution or agent, the insurance institution or agent shall institute reasonable procedures to conduct a personal interview requested by an individual.
(c)
If an investigative consumer report is to be prepared by an insurance-support organization, the insurance institution or agent desiring such report shall inform the insurance-support organization whether a personal interview has been requested by the individual. The insurance-support organization shall institute reasonable procedures to conduct such interviews, if requested.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 39 - COLLECTION, USE, AND DISCLOSURE OF INFORMATION GATHERED BY INSURANCE INSTITUTIONS (§§ 33-39-1 — 33-39-23) › Section 33-39-12 - Requests for information regarding previous adverse underwriting decisions or previous coverage obtained through residual market mechanism

No insurance institution, agent, or insurance-support organization may seek information in connection with an insurance transaction concerning:
(1)
Any previous adverse underwriting decision experienced by an individual; or
(2)
Any previous insurance coverage obtained by an individual through a residual market mechanism,
unless such inquiry also requests the reasons for any previous adverse underwriting decision or the reasons why insurance coverage was previously obtained through a residual market mechanism.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 39 - COLLECTION, USE, AND DISCLOSURE OF INFORMATION GATHERED BY INSURANCE INSTITUTIONS (§§ 33-39-1 — 33-39-23) › Section 33-39-13 - Limitation of adverse underwriting decisions

(a)
No insurance institution or agent may base an adverse underwriting decision in whole or in part:
(1)
On the fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism; provided, however, an insurance institution or agent may base an adverse underwriting decision on further information obtained from an insurance institution or agent responsible for a previous adverse underwriting decision;
(2)
On personal information received from an insurance-support organization whose primary source of information is insurance institutions; provided, however, an insurance institution or agent may base an adverse underwriting decision on further personal information obtained as the result of information received from such insurance-support organization.
(b)
With respect to a personal or family type policy of motor vehicle insurance, no insurance institution or agent may base an adverse underwriting decision solely on the fact that the applicant has never purchased such a policy of motor vehicle insurance or has not owned or been covered by such a policy of motor vehicle insurance during any specified period immediately preceding the date of application.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 39 - COLLECTION, USE, AND DISCLOSURE OF INFORMATION GATHERED BY INSURANCE INSTITUTIONS (§§ 33-39-1 — 33-39-23) › Section 33-39-15 - Investigations by Commissioner into affairs of insurance institutions, agents, or insurance-support organizations

(a)
The Commissioner shall have power to examine and investigate into the affairs of every insurance institution or agent doing business in this state to determine whether the insurance institution or agent has been or is engaged in any conduct in violation of this chapter.
(b)
The Commissioner shall have the power to examine and investigate into the affairs of every insurance-support organization acting on behalf of an insurance institution or agent which either transacts business in this state or transacts business outside this state that has an effect on a person residing in this state in order to determine whether such insurance-support organization has been or is engaged in any conduct in violation of this chapter.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 39 - COLLECTION, USE, AND DISCLOSURE OF INFORMATION GATHERED BY INSURANCE INSTITUTIONS (§§ 33-39-1 — 33-39-23) › Section 33-39-16 - Violations of chapter; service of statement of charges and notice of hearing; conduct of hearing

(a)
Whenever the Commissioner has reason to believe that an insurance institution, agent, or insurance-support organization has been or is engaged in conduct in this state which violates this chapter, or if the Commissioner believes that an insurance-support organization has been or is engaged in conduct outside this state which has an effect on a person residing in this state and which violates this chapter, the Commissioner shall issue and serve upon such insurance institution, agent, or insurance-support organization a statement of charges and notice of hearing to be held at a time and place fixed in the notice. The date for such hearing shall be not less than 30 days after the date of service.
(b)
At the time and place fixed for such hearing the insurance institution, agent, or insurance-support organization charged shall have an opportunity to answer the charges against it and present evidence on its behalf. Upon good cause shown, the Commissioner shall permit any adversely affected person to intervene, appear, and be heard at such hearing by counsel or in person.
(c)
At any hearing conducted pursuant to this Code section, the Commissioner may administer oaths, examine and cross-examine witnesses, and receive oral and documentary evidence. The Commissioner shall have the power to subpoena witnesses, compel their attendance, and require the production of books, papers, records, correspondence, and other documents which are relevant to the hearing. A stenographic record of the hearing shall be made upon the request of any party or at the discretion of the Commissioner. If no stenographic record is made and if judicial review is sought, the Commissioner shall prepare a statement of the evidence for use on review. Hearings conducted under this Code section shall be governed by the same rules of evidence and procedure as set forth in Chapter 2 of this title.
(d)
Statements of charges, notices, orders, and other processes of the Commissioner under this chapter may be served by anyone duly authorized to act on behalf of the Commissioner. Service of process may be completed in the manner provided by law for service of process in civil actions or by registered mail or statutory overnight delivery. A copy of the statement of charges, notice, order, or other process shall be provided to the person or persons whose rights under this chapter have been allegedly violated. A verified return setting forth the manner of service, or return postcard receipt in the case of registered mail or statutory overnight delivery shall be sufficient proof of service.
2023 CODE OF GEORGIA › Title 33 - INSURANCE (§§ 33-1-1 — 33-66-8) › Chapter 39 - COLLECTION, USE, AND DISCLOSURE OF INFORMATION GATHERED BY INSURANCE INSTITUTIONS (§§ 33-39-1 — 33-39-23) › Section 33-39-17 - Commissioner as appointed to accept service on behalf of insurance-support organization transacting business outside state

For the purpose of this chapter, an insurance-support organization transacting business outside this state which has an effect on a person residing in this state shall be deemed to have appointed the Commissioner to accept service of process on its behalf, provided the Commissioner causes a copy of such service to be mailed forthwith by registered mail or statutory overnight delivery to the insurance-support organization at its last known principal place of business. The return postcard receipt for such mailing shall be sufficient proof that the same was properly mailed by the Commissioner.