Following the trial court’s grant of summary judgment to the Georgia Insurers Insolvency Pool (GIIP), Lumpkin County appeals, contending that, following the insolvency of the County’s regular insurer, GIIP is required to step in and cover the pending workers’ compensation claims against the County. Specifically, the County argues that the trial court erred in finding that it is not entitled to coverage under the GIIP because the County’s net worth exceeds $25 million. See OCGA § 33-36-3 (4) (G). Alternatively, the County argues OCGA § 33-36-3 unconstitutionally violates the County’s due process rights. For the reasons set forth below, we affirm.
1. Viewed in the light most favorable to Lumpkin County, the record shows that the County carried workers’ compensation insurance through Southeast U. S. Insurance Company (SEUS). At the time of its insolvency on October 27, 2009, SEUS was handling pending workers’ compensation claims against the County. Thereafter, the County submitted the pending claims to GIIP, a legislatively-created nonprofit entity governed by the Georgia Insurers Insolvency Pool Act, OCGA § 33-36-1 et seq. (hereinafter the “Act”). The GIIP is
A covered claim shall not include . . . any third party claim relating to a policy of an insured whose net worth exceeds $25 million on December 31 of the year next preceding the date the insurer becomes an insolvent insurer; provided, however, that an insured’s net worth on such date shall be deemed to include the aggregate net worth of the insured and all of its subsidiaries and affiliates as calculated on a consolidated basis ....
OCGA § 33-36-3 (4) (G).
Upon receiving the County’s claims, GIIP wanted to determine whether those claims fell under the net worth exemption. Accordingly, pursuant to OCGA § 33-36-9,
2. The County contends that this ruling was erroneous because the term “net worth” is inapplicable to government entities, and, instead, the applicability of the $25 million exemption under the Act should be assessed based on the County’s “net assets.” The County argues that the bulk of its assets, including land, roads, bridges, and government buildings are restricted from use and are thus unavailable to meet its obligations or satisfy liabilities. Based on the County’s calculation of its own net assets, it only has $5.6 million with which
As an initial matter, this Court has expressly held that the GIIP and the net worth exclusion of OCGA § 33-36-3 (4) (G) apply to counties as “legal entities” under the Act. Georgia Insurers Insolvency Pool v. Elbert County,
3. Lumpkin County also argues the Act is unconstitutional as applied, because it assesses a fee against the County for which it cannot receive any benefit, thus violating the County’s due process rights. “ ‘The constitutional guaranty that no person shall be deprived of his property without due process of law does not apply to the revenues of a county, since a county is a public corporation existing only for public purposes . . . .” (Citations omitted.) Bibb County v. Hancock,
Judgment affirmed.
Notes
The Act defines a covered claim, in part, as one which “[a]rises out of a property or casualty insurance policy issued by an insurer which becomes an insolvent insurer which was authorized to do an insurance business in this state either at the time the policy was issued or when the insured event occurred.” OCGA § 33-36-3 (4) (A) (i).
This statute provides: “The pool shall have the authority to establish procedures for requesting financial information from insureds on a confidential basis for purposes of applying Code sections concerning their net worth . . . .”
