Georgia Code
Article 3 - Procedure for Rehabilitation
§ 33-37-41. Priority of Distribution of Claims

For all claims in insolvencies, the priority of distribution of claims from the insurer’s estate shall be in accordance with the order as set forth in this Code section. Every claim in each class shall be paid in full or adequate funds retained for such payment before the members of the next class receive any payment. No subclasses shall be established within any class. The order of distribution of claims shall be:
History. Code 1981, § 33-37-41 , enacted by Ga. L. 1991, p. 1424, § 7; Ga. L. 1997, p. 683, § 2; Ga. L. 1997, p. 1581, § 3; Ga. L. 2019, p. 386, § 140/SB 133.
The 2019 amendment, effective July 1, 2019, substituted “For all claims in insolvencies” for “For all pending and future claims in insolvencies existing on July 1, 1997, and for all claims in future insolvencies” at the beginning of the introductory paragraph, and inserted “or her” in the last sentence of paragraph (2).
Code Commission notes.
Pursuant to Code Section 28-9-3 , in 1997, the amendment of this Code section by Ga. L. 1997, p. 683, § 2, was treated as impliedly repealed and superseded by Ga. L. 1997, p. 1581, § 3, due to irreconcilable conflict. See County of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974).
Editor’s notes.
Ga. L. 1997, p. 683, § 6, not codified by the General Assembly, provides that the 1997 amendment “shall apply to all claims filed in any proceeding to liquidate an insurer, which proceeding is pending on July 1, 1997, or which is commenced on or after July 1, 1997.”
Ga. L. 1997, p. 1581, § 5, not codified by the General Assembly, provides that the 1997 amendment “shall apply to all claims filed in any proceeding to liquidate an insurer which proceeding is pending on July 1, 1997, or which is commenced on or after July 1, 1997”.

Structure Georgia Code

Georgia Code

Title 33 - Insurance

Chapter 37 - Insurers Rehabilitation and Liquidation

Article 3 - Procedure for Rehabilitation

§ 33-37-11. Petition for Rehabilitation; Grounds

§ 33-37-12. Order to Rehabilitate; Commissioner to Be Appointed as Rehabilitator; Effect of Order

§ 33-37-13. Authority of Rehabilitator; Additional Remedies; Rehabilitation Plan

§ 33-37-14. Effect of Rehabilitation Order on Pending Litigation; Standing of Guaranty Association to Participate in Rehabilitation

§ 33-37-15. Petition for Order of Liquidation; Defense; Payment of Costs and Expenses; Order Terminating Rehabilitation

§ 33-37-16. Grounds for Order of Liquidation

§ 33-37-17. Commissioner Appointed as Liquidator; Seizure and Administration of Assets; Effect of Filing Order; Petition for Declaration of Insolvency; Financial Reports; Plan for Continued Performance Pending Appeal

§ 33-37-18. Termination of Policy Coverage

§ 33-37-19. Petition for Dissolution of Corporate Existence

§ 33-37-20. Powers of Liquidator

§ 33-37-21. Notice of Liquidation

§ 33-37-22. Responsibility of Agent to Provide Information; Penalty for Violation

§ 33-37-23. Stay of Collateral Proceedings Against Insurer; Authority of Liquidator to Intervene In, and Defend, Out-of-State Action

§ 33-37-24. Time for Filing List of Assets; Reducing Assets to Liquidity

§ 33-37-25. Fraudulent Transfers or Obligations Incurred; Avoidance

§ 33-37-26. Transfer of Property in Good Faith; Recording Copy of Petition as Notice of Seizure of Property

§ 33-37-26.1. Limitations on Ability of Receiver to Void Transfer of Certain Property in Connection With Federal Home Loan Bank Security Agreement; Transfer Avoidance Under Certain Circumstances

§ 33-37-27. Preferential Transfers; Liens; When Transfer Perfected; Avoidance; Transfer for New and Contemporaneous Consideration; Payments to Attorneys; Personal Liability of Participants

§ 33-37-28. Disallowing Preferred Creditor’s Claims

§ 33-37-29. Mutual Debts and Credits

§ 33-37-30. Liquidator’s Report to Court; Assessment Against Members of Insurer; Procedure When Assessment Not Paid

§ 33-37-31. Liability of Reinsurers

§ 33-37-32. Premiums Due During Pendency of Liquidation Action; Penalties for Violation; Notice; Right to Appeal

§ 33-37-33. Application for Approval of Proposal to Disburse Assets; Notice

§ 33-37-34. Proof of Claims; Late Filing

§ 33-37-35. Contents of Proof of Claim; Effect of Judgment or Order Within Four Months Of, or After, Filing Petition for Liquidation

§ 33-37-36. Third-Party Contingent Claim; Claims Due in Future; Claims Under Employment Contracts

§ 33-37-37. Third-Party Claim Against Insured

§ 33-37-38. Procedure When Claim Denied

§ 33-37-39. When Third Person Subrogated to Rights of Creditor

§ 33-37-40. Determining Value of Security Held by Secured Creditor

§ 33-37-41. Priority of Distribution of Claims

§ 33-37-42. Authority of Liquidator to Compound, Compromise, or Negotiate Claims; Report to Court

§ 33-37-43. Payment of Distributions

§ 33-37-44. Disposition of Unclaimed Funds Subject to Distribution

§ 33-37-45. Liquidator’s Application for Discharge

§ 33-37-46. Reopening Liquidation Proceedings

§ 33-37-47. Retention or Destruction of Records

§ 33-37-48. Receivership Audits