What does Georgia bad-faith insurance law do if my carrier will not pay a claim?

Quick answer: Under O.C.G.A. 33-4-6, you can make a written demand for payment of a covered claim. If the carrier fails to pay within 60 days and a court later finds the refusal was in bad faith, the carrier can owe a penalty of up to 50 percent of the loss or $5,000, whichever is greater, plus reasonable attorney fees. You can also file a free complaint with the Georgia Office of Commissioner of Insurance and Safety Fire.

Georgia law gives a policyholder a specific remedy when an insurance carrier refuses to pay a covered claim without a reasonable basis. Under O.C.G.A. 33-4-6, a policyholder can make a written demand for payment on a covered claim. If the carrier does not pay within 60 days of that demand, and a court later finds the refusal to pay was in bad faith, meaning the carrier lacked a reasonable basis for denying or delaying the claim, the carrier can be ordered to pay a penalty of up to 50 percent of the loss or 5,000 dollars, whichever amount is greater, on top of the claim itself, plus the policyholder's reasonable attorney fees.

The 60-day clock only starts once the written demand is made and delivered to the carrier; a claim that is simply pending or under review, without a formal written demand, does not trigger the statute's penalty provision. For example, a business that files a windstorm claim for roof and inventory damage, waits several months without a decision, and then sends the carrier a written demand for payment, starts the 60-day period at the point the demand is received, not at the original date of loss.

The bad-faith remedy is separate from the underlying coverage question. A court still has to find the claim was in fact covered under the policy before the bad-faith penalty applies; a carrier that denies a claim for a genuinely excluded loss, such as flood damage on a policy that excludes flood, has a reasonable basis for the denial even where the policyholder disagrees. This is why what a commercial property policy actually covers, addressed in is commercial property insurance required in Georgia and does commercial property insurance cover flood damage in Georgia, matters before a bad-faith claim is evaluated.

A policyholder who believes a claim has been wrongly delayed or denied can also file a complaint with the Georgia Office of Commissioner of Insurance and Safety Fire at no cost, separately from any court action. A coverage review does not resolve an active claim dispute, but it can confirm what a policy is supposed to cover going forward and connect a business with carriers available through Olive Cover; see commercial property insurance and the current carrier list.