Georgia Code, Title 33, Chapter 36 - Georgia Insurers Insolvency Pool

• § 33-36-1 - Short Title
  This chapter shall be known and may be cited as the "Georgia Insurers Insolvency Pool Act."
• § 33-36-2 - Creation; Accounts; Responsibility; Supervision and Regulation
  There is created a Georgia Insurers Insolvency Pool which shall consist of three accounts: (1) workers' compensation account; (2) automobile account; and (3) all...
• § 33-36-3 - Definitions
  As used in this chapter, the term: (1) "Affiliate" means a person who, directly or indirectly, through one or more intermediaries, controls, is controlled...
• § 33-36-4 - Insurers Solvency Board
  (a) There shall be a board of trustees of the Georgia Insurers Insolvency Pool which shall be known as the Insurers Solvency Board and...
• § 33-36-5 - Insurers Required to Become Members of Pool
  Every insurer authorized to write property or casualty insurance policies in this state shall be a member of the insolvency pool and shall be...
• § 33-36-6 - Plan to Govern Members; Rules; Requirements for Plan; Assignment of Claims or Judgments Against Insolvent Insurers; Claimants of Assets of Insolvent Insurers; Jurisdiction; Venue
  (a) The Georgia Insurers Insolvency Pool is a nonprofit legal entity with the right to bring and defend actions and such right to bring...
• § 33-36-7 - Levy of Assessments Against Insurers; Reimbursement of Expenses; Refunds of Assessments
  (a) For the purposes of administration and assessment under this Code section, the pool shall be divided into three separate accounts: (1) workers' compensation...
• § 33-36-7.1 - Surcharge on Premiums to Recoup Assessments; Disclosure to Insureds; Excess Surcharges, Exception Where the Expense of Collection Would Exceed the Amount of the Surcharge
  (a) The plan adopted pursuant to Code Section 33-36-6 shall contain provisions whereby each member insurer is required to recoup over the year following...
• § 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...
• § 33-36-9 - Coverage Afforded by Insolvent Insurers to Become Obligation of Pool; Investigation and Settlement of Claims by Pool
  In the event an insurer is ordered to be liquidated, the coverage afforded by property and casualty insurance policies issued by such insurer shall,...
• § 33-36-10 - Recovery Under Chapter of Covered Claims Recoverable Under Insolvency Funds of Other States
  (a) It is not the purpose of this chapter to provide or permit duplicate recoveries of covered claims under this chapter and an insolvency...
• § 33-36-11 - Limitation for Filing Claims; Claims Filed After Final Date Set by Court; Default Judgments
  (a) 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...
• § 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...
• § 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...
• § 33-36-14 - Exhaustion of Rights by Claimants Against Insolvent Insurers Prior to Recovery; Recovery of Payment to Claimants in Excess of Amounts Authorized; Reduction of Liability of Insured; Recovery of Amounts Paid on Behalf of Certain Persons
  (a) Except as provided for in Code Section 33-36-20, any person having a claim against a policy or an insured under a policy issued...
• § 33-36-14.1 - Recommendations and Report by the Board of Trustees
  (a) To aid in the detection and prevention of insurer insolvencies: (1) The board of trustees may, upon majority vote, make recommendations to the...
• § 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...
• § 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,...
• § 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...
• § 33-36-17 - Termination of Operation of Pool As to Particular Kinds of Insurance; Proceeds Upon Termination of Operation of Pool; Expiration of Pool
  (a) The Commissioner shall by order terminate the operation of the insolvency pool as to any kind of insurance afforded by property or casualty...
• § 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...
• § 33-36-19 - Advertisements, Announcements, or Statements Using Insolvency Pool for Purpose of Sales
  (a) No person, including an insurer or agent or affiliate of an insurer, shall make, publish, disseminate, circulate, or place before the public or...
• § 33-36-20 - Liability of Pool to Claimants and Electing Insureds in Emergency Circumstances; Definitions; Exceptions
  (a) It is the policy of this state to protect insureds and their claimants from liability as a result of the insolvency of insurers....

Last modified: October 14, 2016