What happens if a Georgia carrier refuses to pay a covered BOP claim?

Quick answer: Under Georgia's bad-faith statute (O.C.G.A. 33-4-6), you can make a written demand. If the carrier fails to pay within 60 days and a court later finds the refusal was in bad faith, it owes a penalty of up to 50 percent of the loss or 5,000 dollars, whichever is greater, plus reasonable attorney's fees.

Under Georgia's bad-faith statute, O.C.G.A. 33-4-6, a policyholder can make a written demand to the carrier for payment of a claim under a business owners policy (BOP). Bad faith, in this context, means the carrier denied or delayed a valid claim without a reasonable basis for doing so. If the carrier fails to pay within 60 days of that written demand, and a court later finds the refusal was made in bad faith, the carrier owes a penalty of up to 50 percent of the loss or 5,000 dollars, whichever amount is greater, on top of the original claim payment, plus reasonable attorney's fees.

The written demand is not optional paperwork; it is a prerequisite under the statute before a bad-faith penalty claim can proceed in court. The demand needs to identify the policy, the claim, and the amount owed, and it starts the 60-day clock the statute references.

A concrete scenario shows how this plays out. A restaurant's BOP covers a kitchen fire that damages the walk-in cooler and forces the business to close for repairs. The carrier processes the property damage claim but denies the business income portion of the loss, the coverage that replaces lost revenue while the restaurant is closed, without providing a documented reason tied to the policy language. The business owner sends a written demand citing O.C.G.A. 33-4-6 and the specific dollar amount owed. If the carrier still does not pay within 60 days, and a court later agrees the denial had no reasonable basis, the restaurant can recover the unpaid claim amount, the bad-faith penalty, and its attorney's fees.

Not every denied claim qualifies as bad faith. A carrier that denies a claim for a documented reason tied to a policy exclusion, such as flood damage on a BOP that excludes flood, is applying the contract, not acting in bad faith. The distinction between a legitimate coverage denial and a bad-faith refusal is fact-specific and decided case by case.

For what a BOP does and does not cover in the first place, see business owners policy and what a Georgia BOP does not cover. Related FAQ: how much a BOP costs in Georgia. A coverage review can confirm what a current policy actually covers before a claim situation arises, and the carriers available through Olive Cover can be compared on claims handling reputation.