What are my rights on a Georgia flood claim?
Private flood insurance policies issued in Georgia are governed by the state's Unfair Claims Settlement Practices Act, O.C.G.A. 33-6-30 through 33-6-37. Under that law, an insurer must acknowledge a claim within 15 days of receiving it, and must accept or deny the claim within 15 to 30 days after the policyholder submits a proof of loss. A proof of loss is the sworn, itemized statement of the damage and the dollar amount being claimed that the policyholder submits to the insurer.
A separate Georgia statute, O.C.G.A. 33-4-6, addresses what happens when an insurer refuses to pay a claim that is otherwise covered under the policy. If an insurer refuses a valid claim in bad faith, the policyholder can send a written demand for payment. If the insurer still has not paid 60 days after that demand, the statute allows for a bad-faith penalty and attorney's fees on top of the amount owed under the policy. Bad faith in this context means the insurer had no reasonable basis to deny or delay the claim.
For example, a homeowner in Savannah files a private flood claim after storm surge damages a first floor. The insurer acknowledges the claim within the 15-day window, but then goes 45 days past the proof of loss without a decision and without a reasonable explanation. That kind of delay is what O.C.G.A. 33-6-30 through 37 is meant to prevent, and if the insurer's refusal turns out to be unreasonable, O.C.G.A. 33-4-6 is the statute that provides for a penalty once the 60-day written demand period has passed.
NFIP claims work differently because NFIP is a federal program, not a Georgia-regulated private insurance product. NFIP policyholders must submit a signed, sworn proof of loss within 60 days of the flood, and disputes over an NFIP claim decision follow federal rules and federal court procedure rather than Georgia's Unfair Claims Settlement Practices Act.
The timeline and process differ by policy type: state law for a private flood policy, federal rules for NFIP. Does NFIP or private flood cover more in Georgia? explains how the two programs compare on coverage. The waiting period for a new policy is covered in Is there a waiting period for flood insurance in Georgia? General flood claims information is on the flood insurance page, and carriers writing private flood policies in Georgia are listed on the carriers page. A coverage review can walk through the specific rights and timeline that apply to an open claim: start a coverage review.
