Title 33, Chapter 37, Section 11
( 33-37-11)
The Commissioner may apply by petition to the Superior Court of
Fulton County for an order authorizing him to rehabilitate a
domestic insurer or an alien insurer domiciled in this state on any
one or more of the following grounds: (1) The insurer is in such condition that the further transaction
of business would be hazardous financially to its policyholders,
creditors, or the public; (2) There is reasonable cause to believe that there has been
embezzlement from the insurer, wrongful sequestration or diversion
of the insurer's assets, forgery or fraud affecting the insurer,
or other illegal conduct in, by, or with respect to the insurer
that if established would endanger assets in an amount threatening
the solvency of the insurer; (3) The insurer has failed to remove any person who in fact has
executive authority in the insurer, whether an officer, manager,
general agent, employee, or other person, if the person has been
found after notice and hearing by the Commissioner to be dishonest
or untrustworthy in a way affecting the insurer's business; (4) Control of the insurer, whether by stock ownership or
otherwise, and whether direct or indirect, is in a person or
persons found after notice and hearing to be untrustworthy; (5) Any person who in fact has executive authority in the insurer,
whether an officer, manager, general agent, director, trustee,
employee, or other person, has refused to be examined under oath
by the Commissioner concerning its affairs, whether in this state
or elsewhere, and after reasonable notice of the fact, the insurer
has failed promptly and effectively to terminate the employment
and status of the person and all his influence on management; (6) After demand by the Commissioner under Code Section 33-2-11 or under this chapter, the insurer has failed promptly to make available for examination any of its own property, books, accounts, documents, or other records or those of any subsidiary or related company within the control of the insurer or those of any person having executive authority in the insurer so far as they pertain to the insurer; (7) Without first obtaining the written consent of the
Commissioner, the insurer has transferred, or attempted to
transfer, in a manner contrary to Chapter 13 of this title,
substantially its entire property or business or has entered into
any transaction the effect of which is to merge, consolidate, or
reinsure substantially its entire property or business in or with
the property or business of any other person; (8) The insurer or its property has been or is the subject of an
application for the appointment of a receiver, trustee, custodian,
conservator, or sequestrator, or similar fiduciary of the insurer
or its property otherwise than as authorized under the insurance
laws of this state, and such appointment has been made or is
imminent, and such appointment might oust the courts of this state
of jurisdiction or might prejudice orderly delinquency proceedings
under this chapter;
(9) Within the previous four years the insurer has willfully
violated its charter or articles of incorporation, its bylaws, any
provision of this title, or any valid order of the Commissioner; (10) The insurer has failed to pay within 60 days after due date
any obligation to any state or any subdivision thereof or any
judgment entered in any state, if the court in which such judgment
was entered had jurisdiction over such subject matter except that
such nonpayment shall not be a ground until 60 days after any good
faith effort by the insurer to contest the obligation has been
terminated, whether it is before the Commissioner or in the
courts, or the insurer has systematically attempted to compromise
or renegotiate previously agreed settlements with its creditors on
the ground that it is financially unable to pay its obligations in
full; (11) The insurer has failed to file its annual report or other
financial report required by statute within the time allowed by
law and, after written demand by the Commissioner, has failed to
give an adequate explanation immediately; or (12) The board of directors or the holders of a majority of the
shares entitled to vote or a majority of those individuals
entitled to the control of insurers request or consent to
rehabilitation under this chapter. |