What happens if a Georgia carrier acts in bad faith on my claim?
Georgia gives policyholders a specific legal path when a carrier refuses to pay a covered claim without a reasonable basis. Under O.C.G.A. 33-4-6, the policyholder sends the carrier a written demand for payment. If the carrier fails to pay the covered claim within 60 days of that demand, and a court later finds the refusal was made in bad faith, the carrier can be ordered to pay a penalty of up to 50 percent of the loss or $5,000, whichever amount is greater, in addition to the underlying claim itself. The policyholder can also recover reasonable attorney fees connected to pursuing the bad faith claim.
The written demand is not optional paperwork. It is the trigger that starts the 60-day clock, and without it there is no bad faith claim to bring under this statute. The demand has to clearly identify the claim and state that payment is being sought.
An example: a dental practice submits a covered E&O claim after a former patient alleges a billing and treatment record error caused financial harm. The carrier acknowledges the claim on time under the timelines in how long a Georgia insurer has to acknowledge a professional liability claim, then goes quiet for months with no coverage decision and no payment. The practice sends a written demand under O.C.G.A. 33-4-6. If the carrier still has not paid within 60 days and a court later finds the delay was unreasonable rather than tied to a genuine coverage dispute, the practice can recover the claim amount, the statutory penalty, and its attorney fees.
Not every denied or delayed claim qualifies as bad faith. Carriers are allowed to dispute coverage, investigate, and deny claims that genuinely fall outside the policy's terms; the statute targets refusals made without a reasonable basis, which is a factual question a court resolves case by case.
This penalty structure sits on top of the claim-handling timelines described in how long a Georgia insurer has to acknowledge a professional liability claim and the claims-made mechanics in what claims-made means on a Georgia professional liability policy. For coverage details, see professional liability insurance and the carriers available through Olive Cover at carriers. A coverage review can check current claim status against these statutory timelines.
