Georgia Code
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 in the performance of contractual obligations, under life, health, and annuity policies, plans, or contracts specified in subsection (a) of Code Section 33-38-2, due to the impairment or insolvency of the member insurer issuing such policies, plans, or contracts. To provide this protection: (1) an association of member insurers is created to enable the guaranty of payment of benefits and continuation of coverages as limited by this chapter; (2) members of the association are subject to assessment to provide funds to carry out the purpose of this chapter; and (3) the association is authorized to assist the Commissioner, in the prescribed manner, in the detection and prevention of insurer impairments or insolvencies.
History. Code 1933, § 56-2201, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786; Ga. L. 2020, p. 113, § 1/HB 1050.
The 2020 amendment, effective July 1, 2020, in the first sentence, substituted “life, health, and annuity policies, plans or contracts” for “life and health insurance policies and annuity contracts” near the beginning, and inserted “member”, and “, plans,” at the end; and, in the second sentence, inserted “member”, substituted a colon for a comma, and substituted semicolons for commas twice.
Editor’s notes.
Ga. L. 2020, p. 113, § 1/HB 1050, which amended this Code section, purported to amend Code Section 33-8-1 but actually amended Code Section 33-38-1.
Law reviews.
For article surveying developments in Georgia insurance law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 143 (1981).

Structure Georgia Code

Georgia Code

Title 33 - Insurance

Chapter 38 - Georgia Life and Health Insurance Guaranty Association

§ 33-38-1. Purpose

§ 33-38-2. Scope

§ 33-38-3. Construction

§ 33-38-4. Definitions

§ 33-38-5. Creation; Required Membership; Functions and Powers; Supervision of Association; Accounts for Administration and Assessment

§ 33-38-6. Membership of the Board of Directors; Vacancies; Compensation and Reimbursement of Expenses

§ 33-38-7. Powers and Duties of the Association Generally

§ 33-38-8. Submission of Plan of Operation; Contents; Compliance With Such Plan

§ 33-38-9. Delegation of Powers and Duties of the Association

§ 33-38-10. Duties and Powers of the Commissioner

§ 33-38-11. Records of Meetings and Negotiations of the Association

§ 33-38-12. Examination of the Association by the Commissioner; Annual Report

§ 33-38-13. Exemption of the Association From Taxation

§ 33-38-14. Immunity From Liability for Actions or Omissions in Performance of Powers and Duties Pursuant to This Chapter

§ 33-38-15. Assessments Against Member Insurers

§ 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

§ 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 Distributio...

§ 33-38-18. Stay of Court Proceedings to Which Insolvent Insurer Is a Party; Setting Aside of Default Judgments

§ 33-38-19. Notification as to Effect of Chapter

§ 33-38-20. Appeal to the Commissioner; Judicial Review

§ 33-38-21. References to the Association in Advertisements for Insurance

§ 33-38-22. Premium Tax Liability Offsets; Refunds Offset Against Taxes