The purpose of this chapter is to protect the persons specified in subsection (b) of Code Section 33-38-2, subject to certain limitations, against failure in the performance of contractual obligations, under life, health, and annuity policies, plans, or contracts specified in subsection (a) of Code Section 33-38-2, due to the impairment or insolvency of the member insurer issuing such policies, plans, or contracts.To provide this protection: (1) an association of member insurers is created to enable the guaranty of payment of benefits and continuation of coverages as limited by this chapter; (2) members of the association are subject to assessment to provide funds to carry out the purpose of this chapter; and (3) the association is authorized to assist the Commissioner, in the prescribed manner, in the detection and prevention of insurer impairments or insolvencies.
(Code 1933, § 56-2201, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786; Ga. L. 2020, p. 113, § 1/HB 1050.)
The 2020 amendment, effective July 1, 2020, in the first sentence, substituted "life, health, and annuity policies, plans or contracts" for "life and health insurance policies and annuity contracts" near the beginning, and inserted "member", and ", plans," at the end; and, in the second sentence, inserted "member", substituted a colon for a comma, and substituted semicolons for commas twice.
Editor's notes.- Ga. L. 2020, p. 113, § 1/HB 1050, which amended this Code section, purported to amend Code Section 33-8-1 but actually amended Code Section 33-38-1.
Law reviews.- For article surveying developments in Georgia insurance law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 143 (1981).
JUDICIAL DECISIONS
Claim must be based upon failure to perform "contractual" obligation.
- Claim against an insurance guaranty association for statutory damages under O.C.G.A. § 33-34-6, based upon an insolvent insurer's failure to perform the insurer's statutory obligation, was sought to be enforced pursuant to O.C.G.A. § 33-38-1 et seq., which authorizes only enforcement of claims based upon an insolvent insurer's failure to perform the insurer's contractual obligations. Since there had been no default as to the insolvent insurer's "contractual obligations" to the insureds, the insureds had no viable claim. Crider v. Georgia Life & Health Ins. Guar. Ass'n, 188 Ga. App. 407, 373 S.E.2d 30 (1988).
Cited in Ga. Life & Health Ins. Guar. Ass'n v. Gilman Paper Co. Deferred Comp. Sav. & Inv. Plan, 249 Ga. App. 767, 549 S.E.2d 751 (2001).
RESEARCH REFERENCES
C.J.S.
- 44 C.J.S., Insurance, § 227 et seq.