Commissioner Appointed as Liquidator of Foreign or Alien Insurer's Assets; Grounds

  1. Law
  2. Georgia Code
  3. Insurance
  4. Insurers Rehabilitation and Liquidation
  5. Liquidation Proceedings
  6. Commissioner Appointed as Liquidator of Foreign or Alien Insurer's Assets; Grounds

Checkout our iOS App for a better way to browser and research.

  1. If no domiciliary receiver has been appointed, the Commissioner may apply to the superior court by verified petition for an order directing him to liquidate the assets found in this state of a foreign insurer or an alien insurer not domiciled in this state, on any of the following grounds:
    1. Any of the grounds provided in Code Section 33-37-11 or 33-37-16; or
    2. Any of the grounds specified in paragraphs (2) through (4) of subsection (a) of Code Section 33-37-49.
  2. When an order is sought under subsection (a) of this Code section, the court shall cause the insurer to be given such notice and time to respond thereto as is reasonable under the circumstances.
  3. If it shall appear to the court that the best interests of creditors, policyholders, and the public require, the court may issue an order to liquidate in whatever terms it shall deem appropriate.The filing or recording of the order with the clerk of the superior court of the county in which the principal business of the company is located 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 the clerk would have imparted.
  4. If a domiciliary liquidator is appointed in another state while a liquidation is proceeding under this Code section, the liquidator under this Code section shall thereafter act as ancillary receiver under Code Section 33-37-52.
  5. On the same grounds as are specified in subsection (a) of this Code section, the Commissioner may petition any appropriate federal district court to be appointed receiver to liquidate that portion of the insurer's assets and business over which the court will exercise jurisdiction or any lesser part thereof that the Commissioner deems desirable for the protection of the policyholders and creditors in this state.
  6. The court may order the Commissioner, when he has liquidated the assets of a foreign or alien insurer under this Code section, to pay claims of residents of this state against the insurer under such rules as to the liquidation of insurers under this chapter as are otherwise compatible with the provisions of this Code section.

(Code 1981, §33-37-50, enacted by Ga. L. 1991, p. 1424, § 7; Ga. L. 2016, p. 816, § 2/HB 883.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1991, "in" was inserted following "specified" in paragraph (a)(2), and "Commissioner" was substituted for "commissioner" twice in subsection (e) and in subsection (f).

RESEARCH REFERENCES

ALR.

- Decision of United States Supreme Court that insurance is interstate commerce as affecting state statutes relating to foreign insurance companies, 164 A.L.R. 500.


Download our app to see the most-to-date content.