Limitation for Filing Claims; Claims Filed After Final Date Set by Court; Default Judgments

  1. Law
  2. Georgia Code
  3. Insurance
  4. Georgia Insurers Insolvency Pool
  5. Limitation for Filing Claims; Claims Filed After Final Date Set by Court; Default Judgments

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  1. Notwithstanding any other provisions of this chapter, except as provided for in Code Section 33-36-20, a covered claim shall not include a claim filed with the pool after the earlier of (1) 18 months after the date of the order of liquidation, or (2) the final date set by the court for the filing of claims against the liquidator or receiver of an insolvent insurer and shall not include any claim filed with the pool or a liquidator for protection afforded under the insured's policy for incurred but not reported losses.
  2. The pool may not be found in default. No default judgments may be entered against the pool, the insolvent insurer, or the insured of the insolvent insurer after the instigation of an insolvency proceeding prior to an order of liquidation, nor during the pendency of insolvency proceedings, nor during a 120 day stay following an order of liquidation.
  3. In no instance may a finding of default or the entry of a default judgment against an insurer be applicable or enforceable against the pool or the insured of the insolvent insurer.

(Ga. L. 1970, p. 700, § 9; Ga. L. 1989, p. 74, § 7; Ga. L. 1992, p. 6, § 33; Ga. L. 2005, p. 563, § 18/HB 407; Ga. L. 2010, p. 1085, § 1/HB 1364; Ga. L. 2013, p. 141, § 33/HB 79.)

Editor's notes.

- 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, became effective July 1, 2005.


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