2010 Georgia Code 33-14-70 Case Law
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One Click Case Law for § 33-14-70
O.C.G.A. § 33-14-7 <-- --> O.C.G.A. §33-14-71



2010 Georgia Code

TITLE 33 - INSURANCE

CHAPTER 14 - DOMESTIC STOCK AND MUTUAL INSURERS
ARTICLE 3 - DOMESTIC MUTUAL INSURERS
§ 33-14-70 - Notice of assessment; presumption as to correctness of assessment; proceedings upon failure of member to pay assessment

O.C.G.A. 33-14-70 (2010)
33-14-70. Notice of assessment; presumption as to correctness of assessment; proceedings upon failure of member to pay assessment


(a) Any assessment made by an insurer under Code Sections 33-14-68 and 33-14-69 is prima facie correct. The amount of the assessment to be paid by each member as determined by the insurer is likewise prima facie correct.

(b) The insurer shall notify each member of the amount of the assessment to be paid by written notice mailed to the address of the member last of record with the insurer. Failure of the member to receive the notice so mailed within the time specified therein for the payment of the assessment or at all shall be no defense in any action to collect the assessment.

(c) If a member fails to pay the assessment within the period specified in the notice, which period shall not be less than 20 days after mailing, the insurer may institute an action to collect same.

(d) As to life insurance, any part of the assessment upon a member which remains unpaid following notice of assessment, demand for payment, and lapse of a reasonable waiting period as specified in the notice, may, if approved by the Commissioner as being in the best interests of the insurer and its members, be secured by placing a lien upon the cash surrender values and accumulated dividends held by the insurer to the credit of the member.

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Graham W. Syfert, Esq., P.A.
Phone: 904-383-7448
Fax: 904-638-4726

graham@syfert.com