Order to Rehabilitate; Commissioner to Be Appointed as Rehabilitator; Effect of Order

  1. Law
  2. Georgia Code
  3. Insurance
  4. Insurers Rehabilitation and Liquidation
  5. Procedure for Rehabilitation
  6. Order to Rehabilitate; Commissioner to Be Appointed as Rehabilitator; Effect of Order

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  1. An order to rehabilitate the business of a domestic insurer, or an alien insurer domiciled in this state, shall appoint the Commissioner and his successors in office the rehabilitator and shall direct the rehabilitator forthwith to take possession of the assets of the insurer and to administer them under the general supervision of the court. The filing or recording of the order with the clerk of the superior court or recorder of deeds of the county in which the principal business of the company is conducted, or the county in which its principal office or place of business is located, shall impart the same notice as a deed, bill of sale, or other evidence of title duly filed or recorded with that recorder of deeds would have imparted.The order to rehabilitate the insurer shall by operation of law vest title to all assets of the insurer in the rehabilitator.
  2. Any order issued under this Code section shall require accountings to the court by the rehabilitator.Accountings shall be at such intervals as the court specifies in its order, but no less frequently than semiannually. Each accounting shall include a report concerning the rehabilitator's opinion as to the likelihood that a plan under subsection (d) of Code Section 33-37-13 will be prepared by the rehabilitator and the timetable for doing so.
  3. Entry of an order of rehabilitation shall not constitute an anticipatory breach of any contracts of the insurer nor shall it be grounds for retroactive revocation or retroactive cancellation of any contracts of the insurer, unless such revocation or cancellation is done by the rehabilitator pursuant to Code Section 33-37-13.

(Code 1981, §33-37-12, enacted by Ga. L. 1991, p. 1424, § 7.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1991, in subsection (c), "or" was substituted for "of" preceding "cancellation".

RESEARCH REFERENCES

Am. Jur. 2d.

- 43 Am. Jur. 2d, Insurance, § 83 et seq.

C.J.S.

- 44 C.J.S., Insurance, §§ 226 et seq., 249 et seq.


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