§ 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 of a final order of liquidation, rehabilitation, or conservation to permit proper legal action by the association on any matters germane to its powers or duties. As to judgment entered under […]
§ 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. History. Code 1933, § 56-2209, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786.
§ 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 days of its receipt of notice of the action being appealed. Any final action or order of the Commissioner shall be subject to judicial review in a court of competent jurisdiction […]
§ 33-38-21. References to the Association in Advertisements for Insurance
No person, including a member insurer or agent or affiliate of a member insurer, shall make, publish, disseminate, circulate, or place before the public or cause directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in any newspaper, magazine, or other publication; in the form of a notice, circular, pamphlet, […]
§ 33-38-22. Premium Tax Liability Offsets; Refunds Offset Against Taxes
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 of 20 percent of the amount of such assessment for each of the five calendar years following the year in which such assessment was paid. In the event a member insurer should […]
§ 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 subparagraph (a)(14)(C) of Code Section 33-38-7 and Code Section 33-38-15, shall be delegated to a corporation, association, or other organization which performs or will perform functions similar to those of this […]
§ 33-38-10. Duties and Powers of the Commissioner
In addition to the duties and powers enumerated elsewhere in this chapter: The Commissioner shall: Upon request of the board of directors, provide the association with a statement of the premiums in the appropriate states for each member insurer; and When an impairment is declared and the amount of the impairment is determined, serve a […]
§ 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 association in carrying out its powers and duties under Code Section 33-38-7. The records of the association with respect to an impaired or insolvent insurer shall not be disclosed prior to […]
§ 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 of any such examination shall be at the sole discretion of the Commissioner. The board of directors shall submit to the Commissioner not later than May 1 of each year a […]
§ 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 state and local occupation license and business fees and occupation license and business taxes. History. Code 1933, § 56-2213, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, […]