Georgia § 33-37-39 - When third person subrogated to rights of creditor.
Full text of Georgia Official Code of Georgia Annotated § 33-37-39 — When third person subrogated to rights of creditor., with citation guidance and answers to common questions.
§ 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. (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.
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 33-37-39
What does Official Code of Georgia Annotated § 33-37-39 cover?
Section 33-37-39 ("When third person subrogated to rights of creditor.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 33-37-39?
A common citation format is "Official Code of Georgia Annotated § 33-37-39" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 33-37-39 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.