Stipulations on Acceptance of Indemnity Payments; Recovery of Payments by the Commissioner

  1. Law
  2. Georgia Code
  3. Agriculture
  4. Georgia Cotton Producers Indemnity Fund
  5. Stipulations on Acceptance of Indemnity Payments; Recovery of Payments by the Commissioner

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  1. Acceptance of an indemnity payment made pursuant to this chapter shall subrogate the state, to the extent of such indemnity payment, to any right or right of action accruing to the claimant to recover payments on account of losses resulting from the loss of the cotton or proceeds from the sale of the cotton with respect to which the indemnity payment is made. Acceptance of an indemnity payment made pursuant to this chapter shall constitute an agreement on the part of the recipient to repay to the Commissioner for deposit into the general fund of the state treasury any and all amounts, except those amounts in excess of any indemnity payment, recovered by the claimant in any bankruptcy proceeding, other civil action, or in any other way arising from the loss of cotton or the loss of proceeds from the sale of cotton for which an indemnity payment has been made pursuant to this chapter. The requirements of this Code section shall be included in and made a condition of any claim filed pursuant to this chapter.
  2. Alternatively, if Congress so requires,
    1. Acceptance of an indemnity payment made pursuant to this chapter shall constitute an agreement on the part of the recipient to repay to the Commissioner for deposit into the Georgia Cotton Producers Indemnity Fund of 1999, any and all amounts, except those amounts in excess of any indemnity payment, recovered by the claimant in any bankruptcy proceeding, other civil action, or in any other way arising from the loss of cotton or the loss of proceeds from the sale of cotton for which an indemnity payment has been made pursuant to this chapter. The requirements of this Code section shall be deemed a condition of any claim filed pursuant to this chapter.
    2. The proceeds of any bond collected by the commissioner for the benefit of claimants, who have been paid by the Indemnity Fund, to that extent will be paid into the fund.

(Code 1981, §2-19-6, enacted by Ga. L. 1999, p. 1062, § 1; Ga. L. 2001, p. 956, § 4.)

Editor's notes.

- Ga. L. 2001, p. 956, § 5, not codified by the General Assembly, provides that: "if any part of this Act is declared unconstitutional, it would have enacted any remaining parts of the Act which preserve its essential intent."


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