General FAQs

What happens if my Georgia insurer misses the 60-day decision deadline?

Quick answer: Missing the 60-day deadline can constitute an unfair claims practice under Georgia law, and if the delay is unreasonable and without cause, it may expose the insurer to bad faith penalties including a 25 percent surcharge on the covered loss plus attorney fees.

When a Georgia insurer misses the 60-day deadline to approve or deny a claim without a documented legitimate reason, that delay has legal consequences under state law.

What does Georgia law say about claim decision timelines?

Georgia’s unfair claims practices statute, O.C.G.A. Section 33-6-34, identifies specific conduct that constitutes improper claims handling. Failing to affirm or deny coverage within a reasonable time after receiving all necessary documentation is among the prohibited practices listed there. The Georgia Insurance Department can investigate carriers that show a pattern of such delays and impose regulatory sanctions. Separately, Ga. Comp. R. and Regs. 120-2-52-.03 sets specific timelines: 15 days to acknowledge a claim, 60 days to make a coverage decision, and 10 business days to issue payment once a settlement is agreed.

When does the bad faith clock start in Georgia?

The bad faith statute, O.C.G.A. Section 33-4-6, gives policyholders a direct remedy. If an insurer refuses or fails to pay a covered claim within 60 days of a formal written demand, and if that refusal or delay is found to be in bad faith, the insurer can be held liable for the covered loss plus a penalty of up to 25 percent of the covered amount, plus reasonable attorney fees. The 60-day clock runs from a formal written demand, a separate step from reporting the original claim. Simply filing the claim does not start the clock; sending a formal demand letter does. For a broader look at what these remedies cover, see what qualifies as insurance bad faith in Georgia.

What counts as a legitimate reason to extend the deadline?

Insurers may request extensions when losses are complex, when liability is genuinely disputed, or when third-party investigations are pending. For example, a carrier investigating a large commercial fire loss may legitimately need additional time to complete an origin-and-cause investigation before committing to a coverage position. The key question is whether the delay is unreasonable given the circumstances, not merely whether any delay occurred.

Does a missed deadline automatically prove bad faith?

Not automatically. Courts examine whether the insurer had a reasonable basis for the delay. A documented pattern of non-response or repeated missed windows strengthens a bad faith argument significantly. For example, a Gwinnett County policyholder who filed a water damage claim in January and received no coverage decision by April, despite three written follow-ups, had a strong record supporting a formal demand letter and potential bad faith action.

If a carrier has not responded within the regulatory window, document everything in writing, including the claim date, all submissions, and every communication, then send a written inquiry requesting a status update and timeline. If a denial has already been issued, see whether a denied claim can be overturned and the difference between a claim dispute and a DOI complaint. After a denial, reviewing the steps to take after a claim denial sets out the full sequence.

Olive Cover (operated by Olive Insurance Services, LLC) can help communicate with the carrier, escalate within their claims department, and connect policyholders with a Georgia-licensed public adjuster or attorney if the situation warrants it. A coverage review is where that conversation starts.