Georgia Code
Chapter 36 - Georgia Insurers Insolvency Pool
§ 33-36-3. Definitions

As used in this chapter, the term:
(5) “Insolvent insurer” means an insurer which was licensed to issue property or casualty insurance policies in this state at any time subsequent to July 1, 1970, and against which a final order of liquidation with a finding of insolvency has been entered by a court of competent jurisdiction in the insurer’s state of domicile or of this state and which order of liquidation has not been stayed or been the subject of a writ of supersedeas or other comparable order.
(6) “Insolvency pool” or “pool” means the Georgia Insurers Insolvency Pool established pursuant to Code Section 33-36-2.
(7) “Insured” means any named insured, any additional insured, any vendor, any lessor, or any other party identified as an insured under the policy as long as insurable interests remain relevant.
(8) “Insurer” or “company” means any corporation or organization that has held or currently holds a license to engage in the writing of property or casualty insurance policies in this state, including the exchanging of reciprocal or interinsurance contracts among individuals, partnerships, and corporations, except farmer assessment mutual insurers, county assessment mutual insurers, and municipal assessment mutual insurers.
(9) “Net direct written premiums” means direct gross premiums written on property or casualty insurance policies, less return premiums on the policies and dividends paid or credited to policyholders on such direct business. Premiums written by any authorized insurer on policies issued to self-insurers, whether or not designated as reinsurance contracts, shall be deemed net direct written premiums.
(10) “Person” means any individual or legal entity, including governmental entities.
(11) “Property and casualty insurance policies” or “policy” means any contract, including endorsements to such contract and without regard to the nature or form of the contract or endorsement, which provides coverages as enumerated in Code Sections 33-7-3 and 33-7-6, except:
History. Ga. L. 1970, p. 700, § 3; Ga. L. 1973, p. 497, §§ 1, 3; Ga. L. 1985, p. 1485, §§ 2-4; Ga. L. 1988, p. 13, § 33; Ga. L. 1989, p. 74, §§ 3, 4; Ga. L. 1996, p. 912, § 6; Ga. L. 2005, p. 563, § 12/HB 407; Ga. L. 2013, p. 141, § 33/HB 79; Ga. L. 2019, p. 386, § 127/SB 133.
The 2019 amendment, effective July 1, 2019, substituted “preceding” for “proceeding” near the end of paragraph (2); substituted “against which” for “against whom” in the middle of paragraph (5); and deleted “since July 1, 1970” following “in this state” in the middle of paragraph (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. 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/HB 407, became effective July 1, 2005.

Structure Georgia Code

Georgia Code

Title 33 - Insurance

Chapter 36 - Georgia Insurers Insolvency Pool

§ 33-36-1. Short Title

§ 33-36-2. Creation; Accounts; Responsibility; Supervision and Regulation

§ 33-36-3. Definitions

§ 33-36-4. Insurers Solvency Board

§ 33-36-5. Insurers Required to Become Members of Pool

§ 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

§ 33-36-7. Levy of Assessments Against Insurers; Reimbursement of Expenses; Refunds of Assessments

§ 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

§ 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

§ 33-36-9. Coverage Afforded by Insolvent Insurers to Become Obligation of Pool; Investigation and Settlement of Claims by Pool

§ 33-36-10. Recovery Under Chapter of Covered Claims Recoverable Under Insolvency Funds of Other States

§ 33-36-11. Limitation for Filing Claims; Claims Filed After Final Date Set by Court; Default Judgments

§ 33-36-12. Powers and Duties of Commissioner as to Collection of Assessments; Judicial Review

§ 33-36-13. Allowance of Claims by Receivers, Liquidators, or Statutory Successors; Appointment of Pool as Insurer’s Agent

§ 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

§ 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

§ 33-36-17. Termination of Operation of Pool as to Particular Kinds of Insurance; Proceeds Upon Termination of Operation of Pool; Expiration of Pool

§ 33-36-18. Appeal to Commissioner; Judicial Review

§ 33-36-19. Advertisements, Announcements, or Statements Using Insolvency Pool for Purpose of Sales

§ 33-36-20. Liability of Pool to Claimants and Electing Insureds in Emergency Circumstances; Definitions; Exceptions