---
title: O.C.G.A. § 33-37-39. When third person subrogated to rights of creditor.
collection: code
id: 33-37-39
cite_as: O.C.G.A. § 33-37-39 (2025)
canonical_url: https://georgiacommons.org/code/33-37-39
md_url: https://georgiacommons.org/code/33-37-39.md
text_url: https://georgiacommons.org/code/33-37-39/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t33-ch23-65-(v25)-2020-pdf.pdf?sfvrsn=68297_0#page=769
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/33-37.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 / INSURERS REHABILITATION AND LIQUIDATION / PROCEDURE FOR REHABILITATION
---

# O.C.G.A. § 33-37-39. When third person subrogated to rights of creditor.

Whenever a creditor whose claim against an insurer is secured, in whole or in part, by the undertaking of another person fails to prove and file that claim, the other person may do so in the creditor’s name, and shall be subrogated to the rights of the creditor, whether the claim has been filed by the creditor or by the other person in the creditor’s name, to the extent that he discharges the undertaking. In the absence of an agreement with the creditor to the contrary, the other person shall not be entitled to any distribution; however, until the amount paid to the creditor on the undertaking plus the distributions paid on the claim from the insurer’s estate to the creditor equals the amount of the entire claim of the creditor. Any excess received by the creditor shall be held by him in trust for such other person. The term ‘‘other person,’’ as used in this Code section, is not intended to apply to a guaranty association or foreign guaranty association.

## History

Code 1981, § 33-37-39, enacted by Ga. L. 1991, p. 1424, § 7.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 1991, double quotation marks were substituted for single quotation marks enclosing ‘‘other person’’ in the last sentence of this Code section.