How does Georgia bad-faith law protect condo owners if a carrier will not pay?

Quick answer: Under O.C.G.A. Section 33-4-6, you can make a written demand for payment on a covered claim. If the carrier does not pay within 60 days and a court later finds the refusal was in bad faith, the carrier owes a penalty of up to 50 percent of the claim or 5,000 dollars, whichever is greater, plus reasonable attorney's fees.

Georgia bad-faith law gives a condo owner a path to recover more than the claim amount when an insurer wrongfully refuses to pay. Under O.C.G.A. Section 33-4-6, an owner can make a written demand for payment on a claim that is covered under the policy. If the insurer does not pay within 60 days of that demand and a court later finds the refusal was made in bad faith, meaning without a reasonable basis, the insurer owes a penalty of up to 50 percent of the claim amount or 5,000 dollars, whichever is greater, on top of the claim itself, plus the owner's reasonable attorney's fees.

The 60-day demand is a specific legal step, not just a phone call or an email asking about claim status. A written demand under O.C.G.A. Section 33-4-6 needs to clearly state the amount owed and reference the claim, and it starts the 60-day clock the statute uses to measure the insurer's response. An insurer that pays within that window, or denies the claim with a documented reasonable basis such as a policy exclusion or a factual dispute over the cause of loss, is not automatically exposed to the bad-faith penalty even if a court later disagrees with the denial.

The penalty structure exists because an insurance policy is a contract, and Georgia treats an unreasonable refusal to honor that contract as more than a simple breach. The added exposure of a penalty plus attorney's fees is tied to insurers delaying or denying claims that have no real dispute behind them.

For example, a condo owner submits a claim for water damage from a burst pipe, a peril the HO-6 policy covers. The carrier acknowledges the damage but does not pay or deny the claim for months with no explanation. The owner sends a written demand referencing the policy and the amount owed. If the carrier still does not pay within 60 days and a court later finds no reasonable basis for the delay, the owner can recover the claim amount, the bad-faith penalty, and attorney's fees.

This statute applies to condo HO-6 claims the same way it applies to other Georgia property claims. How a Georgia condo policy is structured, including what is and is not covered, is on the condo insurance overview and Georgia condo insurance page. Related: whether Georgia law requires unit owners to carry their own insurance, whether a Georgia condo policy covers flood damage, and which carriers write Georgia condo coverage through Olive Cover. A licensed advisor can review a specific claim situation in a coverage review.