What can be done if a carrier wrongly denies a Georgia builders risk claim?
Georgia law gives a policyholder a specific path when a carrier denies a builders risk claim, the short-term property policy that covers a structure under construction, without a reasonable basis: a written demand for payment, a waiting period, then the option to pursue a penalty on top of the underlying claim. This comes from O.C.G.A. 33-4-6, the Georgia statute governing insurer bad faith, and it applies to builders risk claims the same way it applies to homeowners, auto, or commercial property claims.
The process starts with a written demand sent to the carrier stating the amount owed and the basis for the claim. Georgia law then gives the carrier 60 days to pay the claim after that demand before further action is available. If the carrier still has not paid a covered claim by the end of that 60 day window, and no reasonable basis existed for the denial, the policyholder can pursue a penalty of up to 50 percent of the loss or 5,000 dollars, whichever amount is greater, in addition to the original claim amount. The statute also allows recovery of attorney fees connected to pursuing the claim.
A reasonable basis for denial matters to how this plays out. If a carrier denies a claim because the loss falls under a genuine policy exclusion, such as flood damage on a builders risk policy that excludes it, that denial has a basis and the penalty under O.C.G.A. 33-4-6 does not apply. The statute targets denials made without justification, for example a carrier that denies a clearly covered fire loss on a technicality unrelated to the actual cause of loss, or delays payment with no explanation after coverage is not in dispute.
An example: a builder's frame is damaged by a wind event during construction near Macon, the cause of loss is not disputed, and the policy has no applicable exclusion, yet the carrier does not pay or respond to the claim. A written demand starts the 60 day clock under O.C.G.A. 33-4-6. If the carrier still has not paid a valid claim after that window closes, the policyholder has grounds to pursue the statutory penalty and attorney fees alongside the original claim.
Coverage gaps that commonly lead to disputed claims, like the flood exclusion, are covered in does builders risk cover flood damage in Georgia. A dispute often surfaces cost and responsibility questions too; see what does builders risk cost for a Georgia home build and who buys builders risk on a Georgia project. General policy and claims information is on the builders risk insurance and Georgia builders risk insurance pages. A coverage review can confirm what a policy actually covers before a loss happens, which is when most disputes originate.
