---
title: O.C.G.A. § 33-12-11. Retention of amount to pay judgment in event of occurrence of loss by insured; application for appointment of receiver.
collection: code
id: 33-12-11
cite_as: O.C.G.A. § 33-12-11 (2025)
canonical_url: https://georgiacommons.org/code/33-12-11
md_url: https://georgiacommons.org/code/33-12-11.md
text_url: https://georgiacommons.org/code/33-12-11/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t33-ch1-22-(v24)-2020-pdf.pdf?sfvrsn=a873240d_0#page=589
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/33-12.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: INSURANCE / ADMINISTRATION OF DEPOSITS
---

# O.C.G.A. § 33-12-11. Retention of amount to pay judgment in event of occurrence of loss by insured; application for appointment of receiver.

Whenever any loss insured against shall occur, the insured or other person entitled to the proceeds of the policy, by judgment or otherwise, in order to secure his recovery, may give notice to the Commissioner of the occurrence of said loss and of the amount claimed, after which notice the Commissioner shall be bound to retain, subject to the order of a court of competent jurisdiction trying any action that may be brought for the recovery of the loss or any action which may be brought upon any judgment obtained in the courts of another state or the courts of the United States on account of the loss, a sufficient amount to pay the judgment in said case in event of recovery; and, if the amount for which the depositing insurer is liable shall not be paid within 30 days, said plaintiff may file an application with the judge of the superior court of the county where the case was tried for appointment of the Commissioner as receiver to take charge of as many securities as shall be necessary to satisfy the aforesaid judgment.

## History

Ga. L. 1887, p. 113, § 4; Civil Code 1895, § 2036; Ga. L. 1896, p. 58, § 3; Civil Code 1910, §§ 2420, 2559; Code 1933, §§ 56-302, 56-1109; Code 1933, § 56-1111, enacted by Ga. L. 1960, p. 289, § 1.