What can a Georgia business do if a commercial crime claim is denied in bad faith?
Georgia law gives a business a specific path when an insurer denies or delays payment on a covered commercial crime loss without a reasonable basis. Under O.C.G.A. 33-4-6, once a business submits a written demand for payment, the insurer has 60 days to pay a valid claim. If the insurer refuses to pay in bad faith, meaning without a reasonable basis for the denial, a Georgia court can award a penalty of up to 50% of the loss amount or $5,000, whichever is greater, plus the business's attorney fees.
This process only applies to a claim the insurer was obligated to pay. It does not turn every denial into a bad-faith case. An insurer that denies a claim because the loss falls under a policy exclusion, such as theft by a business owner or officer, is applying the policy as written, not acting in bad faith. The statute targets denials with no reasonable basis in the policy language or the facts of the loss.
Example: a Savannah retailer files a claim after an employee is caught diverting cash deposits over several months, with documented proof from point-of-sale records and a signed confession. If the insurer sits on the claim past 60 days after a written demand, or denies it without pointing to a specific policy exclusion or unmet condition, the retailer has grounds to pursue the O.C.G.A. 33-4-6 penalty and attorney fees through the Georgia court system.
The written demand matters. A phone call or an informal request does not start the 60-day clock; the demand needs to be in writing and needs to identify the claim and the amount owed. Whether a denial has a reasonable basis often traces back to what the policy actually covers, from funds-transfer fraud triggered by a spoofed email to standard employee-theft exclusions, which is why the underlying policy language matters as much as the claims process itself.
Commercial crime coverage is optional in Georgia (see does Georgia require commercial crime insurance), and cost scales with the limits and endorsements a business selects, detailed in what commercial crime insurance costs for a Georgia business. A coverage review can go through an existing policy's terms before a loss happens, and the commercial crime insurance page covers what the coverage typically includes.
