Title 33, Chapter 36, Section 3
( 33-36-3)
As used in this chapter, the term: (1) "Affiliate" or "affiliates" means any enterprise related
directly or indirectly to the insurance activities of the insurer. (2)(A) "Covered claims" means a claim which: (i) Arises out of a property or casualty insurance policy
issued by an insurer which was authorized to do an insurance
business in this state either at the time the policy was
issued or when the insured event occurred; and (ii) Is within any of the classes of claims under subparagraph
(B) of this paragraph. (B) A claim shall not be paid unless it arises out of an
insurable event under a property or casualty insurance policy
and it is: (i) An unearned premium claim of a policyholder who at the
time of the insolvency was a resident of this state; (ii) An unearned premium claim of a policyholder under a
policy affording coverage for property permanently situated in
this state; (iii) The claim of a policyholder or insured who at the time
of the insured event was a resident of this state; (iv) The claim of a person having an insurable interest in or
related to property which was permanently situated in this
state; or (v) A claim under a liability or workers' compensation
insurance policy when either the insured or third-party
claimant was a resident of this state at the time of the
insured event. (C) A covered claim shall not include any claim in an amount of
less than $25.00; provided, however, that any claim of $25.00 or
more shall be paid in full. (D) A covered claim shall not include that portion of any
first-party claim which is in excess of the applicable limits
provided in the policy or $100,000.00, whichever is less. (E) A covered claim shall not include that portion of any
third-party claim, other than a workers' compensation claim,
which is in excess of the applicable limits provided in the
policy or $100,000.00, whichever is less. (F) A covered claim shall not include any obligation to
insurers, insurance pools, underwriting associations, or any
person which has a net worth greater than $3 million at the time
of the insured event. (G) A covered claim shall not include any claim or judgment for
punitive damages and attorney's fees associated therewith
against any insolvent insurer, its insured, or the insurers
insolvency pool. (H) A covered claim shall not include any workers' compensation benefits payable under subsection (e) or (f) of Code Section 34-9-221 after the effective date of the court order of rehabilitation or liquidation. (I) A covered claim shall include a claim for unearned premium
only if such claim derives from the payment of a stated premium
and shall not include those which derive from an unstated
premium such as calculated from audit, dividend, deposit, or
retrospect plans. A covered claim shall not include a claim for
unearned premium resulting from a policy which was not in force
on the date of the final order of liquidation. (3) "Insolvent insurer" means an insurer which was licensed to
issue property or casualty insurance policies in this state at any
time subsequent to July 1, 1970, and against whom a final order of
liquidation with a finding of insolvency has been entered by a
court of competent jurisdiction in the insurer's state of domicile
or of this state and which order of liquidation has not been
stayed or been the subject of a writ of supersedeas or other
comparable order. (4) "Insolvency pool" or "pool" means the Georgia Insurers Insolvency Pool established pursuant to Code Section 33-36-2. (5) "Insurer" or "company" means any corporation or organization
that has held or currently holds a license to engage in the
writing of property or casualty insurance policies in this state
since July 1, 1970, including the exchanging of reciprocal or
interinsurance contracts among individuals, partnerships, and
corporations, except farmer assessment mutual insurers, county
assessment mutual insurers, and municipal assessment mutual
insurers. (6) "Net direct written premiums" means direct gross premiums
written on property or casualty insurance policies, less return
premiums on the policies and dividends paid or credited to
policyholders on such direct business. Premiums written by any
authorized insurer on policies issued to self-insurers, whether or
not designated as reinsurance contracts, shall be deemed net
direct written premiums. (7) "Property and casualty insurance policies" or "policy" means any contract, including endorsements to such contract and without regard to the nature or form of the contract or endorsement, which provides coverages as enumerated in Code Sections 33-7-3 and 33-7-6, except: (A) Life insurance and annuities (being that class of insurance referred to in Code Section 33-7-4); (B) Accident, health, and disability insurance except where written as part of an automobile insurance contract (being that class of insurance referred to in Code Section 33-7-2); (C) Title insurance (being that class of insurance referred to in Code Section 33-7-8); (D) Credit life insurance (being that class of insurance referred to in paragraph (2) of Code Section 33-31-1); (E) Credit insurance (being that class of insurance referred to in Code Section 33-7-3.1); (F) Mortgage guaranty, financial guaranty, or other forms of
insurance offering protection against investment risks; (G) Fidelity surety bonds or any other bonding obligations; (H) Insurance of warranties or service contracts; (I) Ocean marine insurance; or (J) Any transaction or combination of transactions between a
person, including affiliates of such person, and an insurer,
including affiliates of such insurer, which involves the
transfer of investment or credit risk unaccompanied by the
transfer of insurance risk. |