Georgia Code, Title 33, 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...
• § 33-38-2 - Scope
  (a) This chapter shall provide coverage to the persons specified in subsection (b) of this Code section for direct, nongroup life, health, or annuity...
• § 33-38-3 - Construction
  This chapter shall be construed to effect the purpose set forth in Code Section 33-38-1.
• § 33-38-4 - Definitions
  As used in this chapter, the term: (1) "Account" means any of the two accounts created under Code Section 33-38-5. (2) "Affiliate" means any...
• § 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...
• § 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 five nor more than nine member insurers serving terms as...
• § 33-38-7 - Powers and Duties of the Association Generally
  (a) In addition to the powers and duties enumerated elsewhere in this chapter, the association shall have the following powers and duties: (1) If...
• § 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,...
• § 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...
• § 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,...
• § 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...
• § 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...
• § 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...
• § 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...
• § 33-38-15 - Assessments Against Member Insurers
  (a) For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall...
• § 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,...
• § 33-38-17 - Assessment Liability, Association As Creditor of Insolvent or Impaired Insurer; Distribution of Insolvent Insurer's Ownership Rights; Reimbursement of Association From Disbursement of Marshaled Assets As Available; Recovery of Distributions to Affiliates
  (a) This chapter shall not be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating...
• § 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...
• § 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.
• § 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...
• § 33-38-21 - References to the Association in Advertisements for Insurance
  (a) No person, including an insurer or agent or affiliate of an insurer, shall make, publish, disseminate, circulate, or place before the public or...
• § 33-38-22 - 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...

Last modified: October 14, 2016