Petition for Order of Liquidation; Defense; Payment of Costs and Expenses; Order Terminating Rehabilitation

  1. Law
  2. Georgia Code
  3. Insurance
  4. Insurers Rehabilitation and Liquidation
  5. Procedure for Rehabilitation
  6. Petition for Order of Liquidation; Defense; Payment of Costs and Expenses; Order Terminating Rehabilitation

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  1. Whenever the Commissioner believes further attempts to rehabilitate an insurer would substantially increase the risk of loss to creditors, policyholders, or the public or would be futile the Commissioner may petition the superior court for an order of liquidation.A petition under this subsection shall have the same effect as a petition under Code Section 33-37-16.The superior court shall permit the directors of the insurer to take such actions as are reasonably necessary to defend against the petition and may order payment from the estate of the insurer or such costs and other expenses of defense as justice may require.
  2. The protection of the interests of insureds, claimants, and the public requires the timely performance of all insurance policy obligations.If the payment of policy obligations is suspended in substantial part for a period of six months at any time after the appointment of the rehabilitator and the rehabilitator has not filed an application for approval of a plan under subsection (d) of Code Section 33-37-13, the rehabilitator shall petition the court for an order of liquidation on grounds of insolvency.
  3. The rehabilitator may at any time petition the superior court for an order terminating rehabilitation of an insurer.The court shall also permit the directors of the insurer to petition the court for an order terminating rehabilitation of the insurer and may order payment from the estate of the insurer of such costs and other expenses of such petition as justice may require.If the superior court finds that rehabilitation has been accomplished and that grounds for rehabilitation under Code Section 33-37-11 no longer exist, it shall order that the insurer be restored to possession of its property and the control of the business.The superior court may also make that finding and issue that order at any time upon its own motion.

(Code 1981, §33-37-15, enacted by Ga. L. 1991, p. 1424, § 7.)


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