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.
History. 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.
Structure Georgia Code
Chapter 36 - Georgia Insurers Insolvency Pool
§ 33-36-2. Creation; Accounts; Responsibility; Supervision and Regulation
§ 33-36-4. Insurers Solvency Board
§ 33-36-5. Insurers Required to Become Members of Pool
§ 33-36-7. Levy of Assessments Against Insurers; Reimbursement of Expenses; Refunds of Assessments
§ 33-36-12. Powers and Duties of Commissioner as to Collection of Assessments; Judicial Review
§ 33-36-14.1. Recommendations and Report by the Board of Trustees
§ 33-36-15. Examination of Pool
§ 33-36-16. Exemption From Taxation of Pool
§ 33-36-16.1. Immunity From Liability for Performance of Powers and Duties Under This Chapter
§ 33-36-18. Appeal to Commissioner; Judicial Review
§ 33-36-19. Advertisements, Announcements, or Statements Using Insolvency Pool for Purpose of Sales