2020 Georgia Code
Title 33 - Insurance
Chapter 28 - Annuity and Pure Endowment Contracts
§ 33-28-7. Proceeds of Annuity, Reversionary Annuity, or Pure Endowment Contracts Not Liable to Attachment, Garnishment, or Legal Process in Favor of Creditors of Beneficiary

The proceeds of annuity, reversionary annuity, or pure endowment contracts issued to citizens or residents of this state, upon whatever form, shall not in any case be liable to attachment, garnishment, or legal process in favor of any creditor of the person who is the beneficiary of such annuity contract unless the annuity contract was assigned to or was effected for the benefit of such creditor or unless the purchase, sale, or transfer of the policy is made with the intent to defraud creditors.

(Code 1933, § 56-2603, enacted by Ga. L. 1960, p. 289, § 1; Ga. L. 2006, p. 885, § 2/HB 1304.)

- For article, "Consumer Bankruptcy Panel: Hot Consumer Bankruptcy Plan Issues," see 28 Emory Bankr. Dev. J. 333 (2012).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarities of the statutory provisions, decisions under former Code 1933, §§ 56-901 and 56-905, are included in the annotations for this Code section.

This section creates no exemption of a debtor's property from execution, but rather a special cause of action for a creditor against one who is not the principal debtor. United States v. Truax, 223 F.2d 229 (5th Cir. 1955) (decided under former Code 1933, §§ 56-901 and 56-905).

- There is no indication that the Georgia General Assembly intended to amend or supplement the bankruptcy specific exemptions found in O.C.G.A. § 44-13-100 by way of the more general Georgia Insurance Code provisions. Rather, it appears that the General Assembly intended the Georgia Insurance Code to apply to nonbankruptcy situations with the bankruptcy specific exemptions in § 44-13-100 applying in bankruptcy cases. In re Allen, Bankr. (Bankr. M.D. Ga. Oct. 4, 2010).

Cited in King v. Travelers Ins. Co., 202 Ga. App. 568, 415 S.E.2d 176 (1992); Silliman v. Cassell (In re Cassell), 443 Bankr. 200 (Bankr. N.D. Ga. 2010).

RESEARCH REFERENCES

C.J.S.

- 46A C.J.S., Insurance, § 1951.

- Purchase of annuity by debtor as fraud on creditors, 154 A.L.R. 727.

Endowment policy as life insurance within exemption law, 30 A.L.R.2d 751.

Enforceability, in forum, of extraterritorial waiver of debtor's exemption valid where made, 60 A.L.R.2d 1449.

Qualification of life insurance proceeds held by insurer for federal estate tax marital deduction, 78 A.L.R.2d 1029.

What constitutes state or local law that is applicable on date of filing of bankruptcy petition for purposes of applying 11 U.S.C.A. § 522(b)(3)(A) or its predecessor in opt-out states, 76 A.L.R. Fed. 2d 333.

Sec.

• 33-29-1. "Accident and sickness policy" defined; applicability of chapter.
• 33-29-2. Requirements as to policies generally.
• 33-29-3. Required policy provisions.
• 33-29-3.1. Coverage for human heart transplants; optional endorsement; requirements; guidelines.
• 33-29-3.2. Coverage for mammograms, Pap smears, and prostate-specific antigen tests.
• 33-29-3.3. Coverage for bone marrow transplants for the treatment of breast cancer and Hodgkin's disease; optional endorsement; requirements; guidelines; applicability.
• 33-29-3.4. Insurance coverage for child wellness services.
• 33-29-4. Optional policy provisions.
• 33-29-5. Order of printing of provisions.
• 33-29-6. Provision in policies for medical or surgical services.
• 33-29-7. Provision in policies for refusal of renewal generally.
• 33-29-8. Provision in policies renewable or cancelable at option of insurer for refund of premiums.
• 33-29-9. Requirements as to references in policies to noncancelable nature or guaranteed renewability nature; exception for certain matters concerning renewability of individual accident and sickness policies; rules and regulations.
• 33-29-10. Operation of provision establishing age for termination of coverage generally; effect of misstatement of age of insured.
• 33-29-11. Right of person to whom policy or contract issued to return policy or contract and receive premium refund; effect of return; proof of return.
• 33-29-12. Policies issued for delivery or delivered within state by foreign or alien insurers; policies of domestic insurers issued for delivery in other states or countries.
• 33-29-13. Furnishing of written outline of coverage to applicants for insurance; approval of outline.
• 33-29-14. Application for, and ownership of, policies by persons other than insured.
• 33-29-15. Exemption of policy proceeds from liability for debts of insured and beneficiary.
• 33-29-16. Compliance with chapter by attachment of rider or endorsement to policy.
• 33-29-17. Validity and construction of policies delivered or issued for delivery in violation of chapter; effect of conflict between provisions subject to chapter and other provisions.
• 33-29-18. Franchise insurance.
• 33-29-19. Rate modification on individual accident and sickness policies providing for optional loss ratio guarantee.
• 33-29-20. Insurance coverage for treatment of temporomandibular joint dysfunction or surgery for deformities of maxilla or mandible.
• 33-29-21. Renewal or continuation at option of insured.
• 33-29-21.1. Availability of accident and sickness policy upon termination of dependent coverage based on age of dependent.
• 33-29-22. Notice of premium increase.

- Definition of accident and sickness insurance, § 33-7-2.

Offering of accident, sickness, and disability insurance by fraternal benefit societies, § 33-15-60.

Contents of accident and sickness, insurance policies generally, § 33-24-20 et seq.

- Credit life, accident and sickness insurance, Official Compilation of the Rules and Regulations of the State of Georgia, Comptroller General, Insurance Department, Chapters 120-2-13, 120-2-27.

- For note, "Paying the Piper: Third-party Payor Liability for Medical Treatment Decisions," see 25 Ga. L. Rev. 861 (1991). For comment criticizing Gaskins v. New York Life Ins. Co., 235 La. 461, 104 So. 2d 171 (1958), holding death caused by anaphylactic shock produced by rare blood transfusion reaction was "accidental," see 10 Mercer L. Rev. 209 (1958).

Accidental Death - Food Asphyxiation, 2 POF2d 49.

Business Travel Insurance, 17 POF3d 489.

- Health insurance: provisions excluding or limiting liability in case of chronic diseases, 4 A.L.R. 875; 15 A.L.R. 1239.

Accident insurance: provisions regarding voluntary exposure to danger as applicable to dangers incident to automobiling, 4 A.L.R. 1244.

Accident insurance: injury by insect, 9 A.L.R. 529.

Accident insurance: taxicab as a public conveyance provided by a common carrier within provision for double or increased indemnity, 9 A.L.R. 1555.

Insurance: death or injury resulting from insured's voluntary act as caused by accident or accidental means, 14 A.L.R. 788; 35 A.L.R. 1191; 42 A.L.R. 243; 45 A.L.R. 1528; 71 A.L.R. 1437; 111 A.L.R. 628.

Duty of insurer to give notice of termination of agency, 14 A.L.R. 846.

Conflict between provision in accident insurance policy defining risks covered and provision limiting liability in case of loss from certain cause, 14 A.L.R. 1333.

Accident insurance: aiding peace officer as voluntary exposure to unnecessary danger, 17 A.L.R. 191.

Accident insurance: infection through a wound previously received, 18 A.L.R. 113.

Death as within provision exempting insurer or limiting liability in case of injury or disability intentionally inflicted, 22 A.L.R. 299.

Accident insurance: provision for reduced indemnity for injury while doing act pertaining to more hazardous occupation, 22 A.L.R. 780; 26 A.L.R. 123.

Accident insurance: when insured deemed to be totally and continuously unable to transact all business duties, 24 A.L.R. 203.

Infection through boil, or similar condition, as an accident or accidental means within accident policy, 24 A.L.R. 730.

Accident insurance: provision for reduced indemnity for injury while doing act pertaining to more hazardous occupation, 26 A.L.R. 123.

Insurance: applicability of provisions as to injuries intentionally inflicted, where insured is injured because of mistake of identity, 26 A.L.R. 129.

Attempt to board or alight from moving train, car, or locomotive, as within general provisions of accident policy avoiding liability for policyholder's negligence or exposure to obvious danger, 29 A.L.R. 712.

"Permanent disability" within insurance policy as confined to disability lasting until death, 40 A.L.R. 1386; 97 A.L.R. 126.

Provision in accident insurance policy in relation to train wreck, 51 A.L.R. 1331.

Provision limiting indemnity to permanent disability as affected by clause providing for payment for life and during disability, 54 A.L.R. 294.

Burden of proof as regards payment or nonpayment of renewal premiums or assessments on policy of life or accident insurance, 95 A.L.R. 745.

When insured deemed to be totally and continuously disabled or unable to transact all business duties, 98 A.L.R. 788.

What constitutes bodily injury within policy of accident insurance or accident feature of life policy, 117 A.L.R. 739.

Failure or refusal of insured to submit to corrective surgical or medical treatment as affecting right to recover insurance benefits, or to avoid payment of premiums, 126 A.L.R. 136.

Requisites and sufficiency of proofs of loss where disease or other physical condition which in itself is not within, or is expressly excluded from, the coverage of an accident policy or double indemnity provision of a life policy results from, or is attributable to, a cause within the coverage, 126 A.L.R. 616.

Necessity of payment of loss by reinsured as prerequisite to recovery from reinsurer, 127 A.L.R. 181.

Construction and application of provisions of liability or indemnity policy regarding injury or death incident to construction, repairs, alterations, demolition, or wrecking of structure, or installation of elevators or other equipment, 130 A.L.R. 239.

Construction and application of specific provision of accident policy as to death or injury while standing in or on public street or highway, 130 A.L.R. 1155.

Insurance: death or injury in battle as due to accident or accidental means, 137 A.L.R. 1286; 140 A.L.R. 1533; 141 A.L.R. 1510.

Scope and application of provisions of accident policy, or accident feature of life policy, relating to accident in connection with automobile or other motor vehicle, 138 A.L.R. 404; 78 A.L.R.2d 1044.

Burn as an accident or caused by accidental means within coverage of life or accident insurance policy, 138 A.L.R. 1514.

Burden of proof, in action upon an accident policy or accident feature of life policy, as regards conditions which, by the terms of the policy, limit or exclude coverage, 142 A.L.R. 742.

Insanity of insured as excusing lack of, or delay in, notice or proof of accident or disability, 142 A.L.R. 852.

Burden of proof in action upon accident policy, or accident feature of life policy, as to whether injury or death was result of antecedent disease or other abnormal bodily or mental condition, 144 A.L.R. 1416.

Construction and application of provision of accident policy or accident feature of life policy extending benefits to one disabled from engaging in any occupation or employment for wage or profit, 149 A.L.R. 7; 153 A.L.R. 430.

Loss or impairment of vision as within meaning of total disability clause, 1 A.L.R.2d 756.

Loss of hearing as within meaning of total disability clause, 1 A.L.R.2d 952.

Scope of clause of insurance policy covering injuries sustained from being "accidentally thrown from" a vehicle, 24 A.L.R.2d 1454.

Construction and effect of clause of life, health, or similar policy insuring against "loss of business time,", 31 A.L.R.2d 1222.

Rupture of blood vessel following exertion or exercise as within terms of accident provision of insurance policy, 35 A.L.R.2d 1105.

Death or injury from sunstroke as accident or result of accidental means within terms of accident provision of insurance policy, 36 A.L.R.2d 1090.

Repeated absorption of poisonous substance as "accident" within coverage clause of comprehensive general liability policy, 49 A.L.R.2d 1263.

Death or injury resulting from insured's voluntary act in taking overdose of medicine, drugs, or the like, as caused by accident or accidental means, 52 A.L.R.2d 1083.

Effect of provision for coverage or double indemnity in case of injury or death in consequence of burning of building, 55 A.L.R.2d 398.

What constitutes "hernia" within exclusionary clause of health or accident insurance policy, 55 A.L.R.2d 1020.

Hernia following exertion or exercise as within terms of accident provision of insurance policy, 55 A.L.R.2d 1180.

Coverage and exceptions under student accident policy, 74 A.L.R.2d 1253.

Arteriosclerosis as affecting right to recovery under accident policy or accident provision of life policy, 82 A.L.R.2d 611.

Preexisting physical condition as affecting liability under accident policy or accident feature of life policy, 84 A.L.R.2d 176.

Provision of accident or health insurance policy that insured shall be under care of physician or surgeon, 84 A.L.R.2d 375.

Death or injury resulting from shock, fright, or other "psychic trauma," as within coverage of accident policy or accident provisions of life policy, 93 A.L.R.2d 578.

Liability under accident policy, or accident feature of life policy, for injury or death from freezing or exposure to cold, 4 A.L.R.3d 1177.

When is medical expense "incurred" under policy providing for payment of medical expenses incurred within fixed period of time from date of injury, 10 A.L.R.3d 468.

Right of tortfeasor or liability insurer to credit for amounts already disbursed to injured party under medical payments or funeral expense clause in liability policy, 11 A.L.R.3d 1115.

Insurance: "total disability" or the like as referring to inability to work in usual occupation or in other occupations, 21 A.L.R.3d 1155.

Heart or vascular condition as constituting total or permanent disability within insurance coverage, 21 A.L.R.3d 1383.

What constitutes total or permanent disability within the coverage of disability insurance coverage issued to farmer or agricultural worker, 26 A.L.R.3d 714.

Beneficiary's ignorance of existence of life or accident policy as excusing failure to give notice, make proofs of loss, or bring action within time limited by policy or statute, 28 A.L.R.3d 292.

What constitutes permanent or total disability within coverage of insurance policy issued to physical laborer or workman, 32 A.L.R.3d 922.

Life or accident insurance: sufficiency of showing that death from drowning was due to accident or accidental means, 43 A.L.R.3d 1168.

What is "conveyance," "passenger conveyance," or "public conveyance" within coverage of accident policy, 60 A.L.R.3d 858.

Who is "fare-paying passenger" within coverage provision of life or accident insurance policy, 60 A.L.R.3d 1273.

Elimination of particular coverage, or termination, of health, hospitalization, or medical care insurance policy as affecting insurer's liability for insured's continuing hospitalization or medical expenses relating to previously covered illness, 66 A.L.R.3d 1205.

Liability insurance: assault as an "accident," or injuries therefrom as "accidentally" sustained, within coverage clause, 72 A.L.R.3d 1090; 31 A.L.R.4th 957; 33 A.L.R.4th 983; 34 A.L.R.4th 761; 35 A.L.R.4th 1063.

Death allegedly resulting from surgery as accidental or from accidental means within coverage of health or accident insurance policy, 91 A.L.R.3d 1042.

Who is "resident" or "member" of same "household" or "family" as named insured, within liability insurance provision defining additional insureds, 93 A.L.R.3d 420.

Heart attack following exertion or exercise as within terms of accident provision of insurance policy, 1 A.L.R.4th 1319.

Applicability of other insurance benefits exclusion, from coverage of hospital or health and accident policy, to governmental insurance benefits to which insured would have been entitled by prior subscription, 29 A.L.R.4th 361.

Accident insurance: death or disability incident to partaking of food or drink as within provision as to external, violent, and accidental means, 29 A.L.R.4th 1230.

Accident insurance: what is "loss" of body member, 51 A.L.R.4th 156.

Accident or life insurance: death by autoerotic asphyxiation as accidental, 62 A.L.R.4th 823.

What constitutes single accident or occurrence within liability policy limiting insurer's liability to a specified amount per accident or occurrence, 64 A.L.R.4th 668.

What services, equipment, or supplies are "medically necessary" for purposes of coverage under medical insurance, 75 A.L.R.4th 763.

Coverage under medical and health insurance plans for services performed by dentists, oral surgeons, and orthodontists, 43 A.L.R.5th 657.