Title 2, Chapter 19, Section 6
( 2-19-6)
(a) Acceptance of an indemnity payment made pursuant to this chapter
shall subrogate the state, to the extent of such indemnity payment,
to any right or right of action accruing to the claimant to recover
payments on account of losses resulting from the loss of the cotton
or proceeds from the sale of the cotton with respect to which the
indemnity payment is made. Acceptance of an indemnity payment made
pursuant to this chapter shall constitute an agreement on the part
of the recipient to repay to the Commissioner for deposit into the
general fund of the state treasury any and all amounts, except those
amounts in excess of any indemnity payment, recovered by the
claimant in any bankruptcy proceeding, other civil action, or in any
other way arising from the loss of cotton or the loss of proceeds
from the sale of cotton for which an indemnity payment has been made
pursuant to this chapter. The requirements of this Code section
shall be included in and made a condition of any claim filed
pursuant to this chapter. (b) Alternatively, if Congress so requires, (1) Acceptance of an indemnity payment made pursuant to this
chapter shall constitute an agreement on the part of the recipient
to repay to the Commissioner for deposit into the Georgia Cotton
Producers Indemnity Fund of 1999, any and all amounts, except
those amounts in excess of any indemnity payment, recovered by the
claimant in any bankruptcy proceeding, other civil action, or in
any other way arising from the loss of cotton or the loss of
proceeds from the sale of cotton for which an indemnity payment
has been made pursuant to this chapter. The requirements of this
Code section shall be deemed a condition of any claim filed
pursuant to this chapter. (2) The proceeds of any bond collected by the commissioner for the
benefit of claimants, who have been paid by the Indemnity Fund, to
that extent will be paid into the fund. |